Definitions:
Contractor: in these Terms and Conditions Contractor shall mean Student Moving Service B.V. unless otherwise specified in these Terms and Conditions.
Client: this means the Client as well as any representative of the Client, contact person indicated on behalf of the Client and concern on behalf of which the Client requests/books the services. The person indicated is also subject to a payment obligation and must be allowed to carry out the comparable/related activities, powers and responsibilities of the Client.
Written: this also refers to a digital message.
Client’s liability
1. The Client must be present during the entire move to ensure the safety of the goods. Items of extreme value must remain in the Client’s possession at all times. The Client must check that all items are loaded/moved when loading/unloading. If items are left behind at the initial address, we are not liable for this.
Responsibilities Client
2. The Client or the designated contact person must have sufficient payment facilities to pay the total fee for the move, direct/ instruct the movers where necessary and bear full responsibility.
3. If the Client cannot be physically present during the removal, a contact person must be appointed in advance. This person must be present during the entire move and act on behalf of the Client and bear all the responsibilities this entails. This designated person will also have the obligation to pay for the removal immediately upon completion.
4. The Client bears responsibility for the free passage of the entire contents at all addresses visited by the Contractor on behalf of the Client. Staircases, including landings, must be completely cleared prior to the removal.
5. The Client is responsible for properly securing and disconnecting the washing machine and drum. In case this is not done, the Contractor is not liable for any damage to the washing machine and/or home and any consequential damage.
6. The Client is responsible for protecting all floorboards and walls over which household effects must be moved, as well as the entire passage of the household effects at all addresses visited by the Contractor on behalf of the Client. Wooden and stone floors are fragile and should be adequately protected by the Client. Damage to floorboards and walls are always at the Client’s own risk.
7. If hired objects are included in the contents, the Contractor does not accept any liability for any damage to the hired object. Rented objects come with a service contract that includes removal of the object. If the Client requests Student Moving Service B.V. and/or its employees to move the rented object, this is done explicitly at the Client’s own risk.
Liability Contractor
8. The Contractor cannot be held liable for the loss or theft of the Client’s goods.
9. The Contracted Party shall never be liable for any damage whatsoever resulting from errors in software or other computer software used by the Contracted Party, unless such damage can be recovered by the Contracted Party from the supplier of the software or computer software in question.
10. Removal will be made via the stairs if there is no other possibility. The Contractor will in all cases be exempt from all liability for damage to staircases and contents. The Contractor and its employees may move contents via the stairs up to a maximum of the 5th floor. If the floor(s) specified by the Client deviate from reality, this shall not constitute cause for complaint or compensation.
11. The Contractor accepts no liability whatsoever towards parties other than the Client, and is indemnified by the Client for the financial consequences of any such claims by third parties.
12. The Contracted Party shall never be liable for consequential damage, loss of profit, lost savings and any damage whatsoever resulting from the Client’s business interruption.
13. Ordinary mechanical, electrical and electronic disruptions without external cause are excluded from the Contractor’s liability.
Responsibilities Contractor
14. By accepting the assignment contract, the Contractor has an obligation of effort towards the Client, there is never an obligation of result.
15. The Contractor is not responsible for planting that may cause obstruction to the move (tall hedges, large trees, etc.). The Contractor shall neither prune trees nor hedges. If the planting obstructs the removal situation to such an extent, the Contractor retains the right at all times to move the removal and/or engage additional manpower/material. The resulting costs shall be borne by the Client.
Client’s obligation to provide information
16. If an item has an above-average value or disproportionate value, this must be reported in writing before the move commences. Examples are: valuable works of art, (expensive) designer furniture or heirlooms with high emotional value. If the Client fails to do so, the Client deprives the Contractor of the opportunity to take proper precautions. As a result, the transport of items such as with a value described above is automatically at the Client’s own risk. The Contractor does not accept any liability in respect of the items described above if it has not been informed prior to the start of the removal.
17. If the Contractor agrees to payment by invoice, whereby the requirements for this as set out in these General Terms and Conditions have been met prior to the removal, it is the Client’s responsibility to provide the correct and definitive information which must be stated on the invoice for the Client’s administration before the assignment commences. If this information is not provided on time, the Contractor is not obliged to amend the information on the invoice and the obligation to pay applies at all times.
18. The minimum height of the removal vans used by the Contractor is 3.20 metres. As the Contractor makes its estimation from a distance, it is the Client’s responsibility to communicate when there is a passage that has a height of less than 3 metres and 20 centimetres. If the maximum clearance height complicates passages that have not been communicated, such as gates, bridges, garages and all other forms of limited clearance, the Contractor is not liable for any delays and related costs.
19. The Client is obliged to mention pets in advance. All resulting costs due to not mentioning pets shall be borne by the Client.
20. If one of the addresses visited by the Contracted Party on behalf of the Client is a listed building, the Contracted Party must be explicitly informed of this in writing. If the Contracted Party has not been informed, the Contracted Party will be indemnified in advance against any damage which may be caused to the premises as a result of the removal activities. This includes all work that logically belongs to moving the household effects in or out for the Client. Since the restoration of a listed building must meet much higher requirements, the Contractor is free to take any measures which it deems necessary in order to perform the removal work as safely as possible and without causing damage.
21. Any disputes regarding damage, invoices and/or work must be reported in writing within 7 days of the invoice date. After this period, invoices shall be considered correct.
Transport-worthy packing
22. The Client is responsible for packing and protecting household effects transport worthy against scratch and impact damage (except for Full-Service moves). Sensitive parts of household effects such as large surfaces, edges and points should be protected prior to the move. The Contractor is not liable for damage to freight or premises if the Client’s freight is not presented transport-worthy.
23. All boxes should be tightly closed. The contents of a moving box should be packed in such a way that loose items cannot damage each other. Cupboard doors and drawers should be secured and loose shelves should be removed from cupboards (except for Full-Service). Where necessary, fragile items should be adequately protected. The Contractor offers a range of packing materials for this purpose on its website.
24. Small items (such as, for example, chandeliers, floor lamps, pots, etc.) must be transportably packed in closed boxes in advance (except in the case of Full-Service). If this is not the case, movers may refuse to move these items or their transportation will at all times be at the Client’s own risk.
25. Electronic appliances must be packed in original boxes. If this is not the case, movers may refuse to move them or their transportation will take place at the Customer’s own risk at all times.
26. In a Full Service removal, the price and time indication includes two separate parts: packing and moving. If the Contractor fails to send a two-part estimate, the order will automatically be considered a Low-Budget removal and not Full Service. In this case, the Client is responsible for transport-worthy packing of the contents. The Contractor cannot be held liable for failure to send the Full Service part. The Client should indicate that the packing part of the Full Service removal is not mentioned on the price and time indication so that the Contractor can still add it.
Special objects
27. Removal of items heavier than 100 kg will always take place at the Client’s own risk. The moving of such heavy contents/cargo should be reported in writing to the Contractor before the start of the move. The movers are at all times fully entitled to refuse these items. At least 3 movers are required to move such items.
28. Client should notify items of natural stone to the Contractor in writing prior to the move. This notification must state the dimensions, weight and type of natural stone. If no (full) communication is made about the item in question, it will at all times be transported at the Client’s own risk. Items of natural stone should always be transported in a formwork made to measure.
29. Contents older than 10 years and/or designated as antiques or if the depreciation period has passed are beyond the Contractor’s liability. The integrity and sturdiness of such household effects cannot be guaranteed.
30. We only move pianos/grands from ground floor to ground floor. There should be no stairs/steps. We have neither the means nor the expertise to move such an item from/to a higher floor. After the move, a piano must be retuned. The move is at all times at your own risk.
Parking space and permits/exemptions
31. The Client should ensure sufficient parking space for the removal vans and trailers. Having provided sufficient parking space, it remains the Client’s responsibility to pay sufficient parking fees. The responsibility for requesting an exemption lies with the Client unless it must be requested by the Contractor at the Client’s express request. Parking fees must be paid at all times, even if an exemption has been issued by the municipality. If no dispensation has been applied for, any resulting costs shall be borne by the Client.
32. The Contractor is not liable for waiting times caused by incorrectly parked vehicles, even if the traffic signs have been requested by the firm and/or the Client. The costs for waiting time shall always be borne by the Client.
33. If the Client does not use our waiver service (whereby we apply for the necessary waivers for a fee), the responsibility for applying for and holding a valid waiver during the move lies entirely with the Client. In the event that a waiver is missing and/or the wrong waiver is applied for, all resulting costs will be for the Client. These costs may include the fines themselves, walk-outs and all other resulting costs of the collection process.
Costs and payment
34. Payment must be made in cash or by pin immediately after the move, unless otherwise agreed in advance.
35. You always pay for the actual hours worked. In case we work shorter or longer than planned, the final total amount will be adjusted accordingly.
36. Companies may pay by invoice in agreement with the Contractor, with the Contractor receiving a Chamber of Commerce extract and copy ID proof from the Client or authorised representative prior to the move.
37. A minimum of 3 hours will be charged for each moving and/or packing day.
38. The Client shall pay the actual driving time before and back from the nearest branch, to the starting location and from the final location to the branch.
39. Before 9:00 a.m., after 10:00 p.m., on public holidays and after 12 working hours, we reserve the right to increase the price of the working hours by 100%.
40. If Client does not pay within the set payment term, Student Moving Service will outsource the claim. All resulting costs will be at the expense of the Client and are as follows:
– Up to € 2.500,00 15% € 375,00
– Over the next € 2.500,00 10% € 625,00
– Over the nexte € 5.000,00 5% € 875,00
– Over the next € 190.000,00 1% € 2.775,00
– Over the remaining 0,5% € 6.775,00
– With a minimum amount van € 40,00
– With a maximum amount van € 6775,00
41. If it shall prove necessary to commence legal proceedings to collect the debt issued for collection, all costs associated with legal proceedings (such as bailiff’s fees, court registry fees, lawyer’s fees and all additional and related costs) shall be borne by the Client.
42. If, during the removal and/or settlement, it appears that the Client and/or authorised person does not have sufficient financial resources to pay and/or refuses to pay the total amount of the removal, the Contractor is fully entitled to seize (part of) the household effects as security for the total amount. This seizure falls under the right of retention and may never be regarded as wrongful appropriation. By accepting the indication of price and time and these General Terms and Conditions, the Client and/or authorised representative automatically consent to the appropriation of goods as collateral should the above situation arise.
43. If any goods of the removal are still in the Contractor’s possession after 6 months have passed, the Contractor is fully entitled to trade the goods for the purpose of paying (part of) the total sum due.
44. We reserve the right to charge 20% more of the total invoice amount if you do not pay the day of the removal.
45. If the Client requests the move on a business basis and the company is located/registered abroad, it is not possible to have the move carried out entirely afterwards by invoice. The (maximum) estimate for the move must be paid 72 hours prior to the move, after which the remainder will be refunded or the outstanding amount will be invoiced. If a Fixed Deposit is chosen, this must be paid in full 72 hours prior to the move.
46. The kilometre surcharge submitted in estimates and quotes are based on current fuel prices at the time. Due to large fluctuations in the unstable energy market, the transport sector is forced to guarantee business continuity by means of a fuel clause. If fuel prices are higher (inter)nationally than previously communicated, we are forced to pass on the additional price proportionally to the Contractor.
47. If the Client has items dumped at a waste point, the cost of dumping will be added to the settlement unless the Client pays it immediately. If the dumping costs are not added to the settlement after completion, regardless of the reason, we will invoice these costs.
Handyman service and dismantling/assembly
48. All (de)assembly work will be carried out by our Handyman unless explicitly stated otherwise by Contractor.
49. Dismantling and assembly items must be reported by the Client in advance, photos of all items must be sent and it is at the Client’s own risk at all times. If the Client has not indicated before the start of the move that (dis)assembly work is to be carried out, any waiting time of the personnel and/or rented equipment already present will be for the Client’s account.
50. With regard to gas and electricity, the Contractor will only perform disconnection/connection work at its own risk. The Contractor can only disconnect and not connect washing machines and electricity. Disconnecting a washing machine or electronic appliances is always at the Contractor’s own risk. The Contractor does not drill holes in walls. These restrictions also apply to our Full Service removals.
51. The Contractor can (dis)assemble windows for you where necessary. This must be reported to the Contractor in writing before the start of the removal. The (dis)assembly of windows and/or doors is always at the Client’s own risk.
Agreements and communication
52. Agreements and/or undertakings which deviate from these General Terms and Conditions shall only be binding on the Contractor if they have been expressly confirmed by the Contractor in writing before the start of the removal.
53. Movers are never authorised to make promises. Promises may only be given by the office management, which shall always be confirmed in writing.
Moving lift
54. For the use of the removal lift, window frames must be cleared and windows must be able to be fully opened. If this is not the case, Client accepts full liability for any damage to window frames and/or windows.
55. Upon use/order, Client agrees to place the moving lift against the building. If the Client chooses not to allow the Contractor to view the situation in question, the Contractor indemnifies himself against any possible damage to the building as a result of using the moving lift and/or performing the work.
56. The moving lift will be charged for the duration of the job, with a minimum of 3 hours, unless explicitly stated otherwise by the Contractor.
57. If the power supply at the removal location is obsolete, the Client must indicate this prior to the removal so that the Contractor can use a petrol lift instead of the electric moving lift deployed as standard. If no power supply is available or it is difficult to reach, it is the Client’s responsibility to inform the Contractor of this prior to the move. If the Client fails to inform the Contractor in good time that one of the above scenarios applies, all resulting costs will be for the Client’s account.
Storage
58. Client must be present at all times during the loading or unloading of a transshipment/storage or other (logistics) third party. It is the Client’s responsibility to check for any damage during the time of loading or unloading of the transhipment/storage and to report it immediately. The claim period as stated in these General Terms and Conditions does not apply at the time of loading and/or unloading of the transhipment/storage. The Contractor is not liable if any damage results from the loading or unloading of a transshipment/storage. In a transhipment/storage, several people have access to the relevant items, therefore damages may occur for which the Contractor is not liable.
59. If the contents are going to a storage, the Contractor cannot be held liable for damage that occurs during the arrangement when Full Service has not been requested. Items have to be stacked in storage, the items will make (prolonged) contact as a result of which some materials may dent/damage each other. We always recommend choosing Full Service or packing the items yourself transport-worthy in advance. We cannot leave our protective equipment in your storage unless paid for.
Force majeure
60. In the event of wind speeds exceeding 60km/hour or other weather conditions that make carrying out the removal dangerous, the Contractor reserves the right to reschedule removals to another date.
61. The Contractor reserves the right to terminate the contract without the possibility of claiming any compensation, in case of force majeure, strike, lockout, fire, war, mobilisation, flood, other (natural) disasters and any cause of delay or external factors that do not make the removal possible independently of the will of the removal firm; the Contractor.
62. In the event of force majeure, the Client will be notified accordingly with due speed. Unless it is beyond doubt that the situation of force majeure will last thirty full working days or longer, the obligations whose fulfilment is prevented by force majeure or which are particularly problematic for Contractor will be suspended, as well as any obligations that have not yet been fulfilled, without any right to compensation arising. As soon as it is beyond any doubt that the force majeure situation will last longer than thirty full working days, or as soon as the force majeure situation has lasted longer than thirty full working days, each of the parties is authorised to dissolve the Agreement by means of a written statement to be addressed to the other party, without any right to compensation arising.
63. We reserve the right, in exceptional circumstances, to change our schedule in order to ensure smooth progress. The Contractor will inform you in advance by telephone in case of changes..
64. If, due to unforeseen circumstances, the rope & block, lift or any other equipment cannot be placed or other services cannot be performed, another lift and/or more manpower and/or equipment may be called for with the associated additional costs. Waiting time of the movers and material already present will also be charged.
65. Some delay may occur due to the delay of a (previous) removal, traffic problems, bad weather conditions and incorrectly provided information (from the previous/current/next Client) do not constitute grounds for complaint or compensation. Also, previously mentioned causes constitute a logical run-out of the given start time.
66. Rust, oxidation and water damage due to weather conditions or other external causes do not fall under the Contractor’s liability.
Insurance and coverage
67. The Contractor is insured up to an amount of € 2,500,000.00 if the guidelines from these General Terms and Conditions and guidelines from the insurer’s General Terms and Conditions have been fully and correctly complied with by the Client as agreed prior to the move.
68. In case the objects insured by this policy form a pair or series insured for their total value, the value of each object shall be calculated by dividing the total value by the number of objects forming the pair or series.
69. Contents placed in the removal van, unloaded or lifted by anyone other than an employee of the Contractor are not insured. The same applies to contents not placed or removed on the moving lift by an employee of the Contractor.
70. Any liability of the Contracted Party will be limited to the amount of the fee agreed for the performance of the assignment or, if the sum insured for which the Contracted Party has taken out professional or business liability insurance, the sum insured.
Damage
71. In the event of damage to an insured object resulting from a guaranteed risk, the indemnity payable by the insurers shall not exceed the cost of repair or restoration of the damaged objects, as provided for in the expert’s report. This excludes from the insurance any decrease in value of the goods after repair or restoration.
72. In case of damage, the Client must specify this damage in the presence of the movers and have it established in writing, this must then be confirmed with a signature for legal validity. The liability expires after the departure of the movers.
73. If unexpected damage occurs during the move requiring clearance work, the time involved will fall under the total move time and will be added to the final bill.
74. Client may under no circumstances engage in set-off. Invoice must be settled at all times, regardless of whether damage has occurred. Any damages must be settled afterwards.
75. If the Client has not complained about his damage/complaint within the stipulated period, all his rights and claims for whatever reason shall lapse in respect of what he/she has complained about or could have complained about within that period.
76. We always work with 2 skilled movers. If at the Client’s express request only 1 skilled mover is present at a removal, any damage suffered, caused by our man or third parties present, will not fall under the Contractor’s liability.
77. Exemption in the event of damage amounts to €450 and is always for the Client’s account.
78. The Contracted Party will not be liable for any damage to the Client if such damage is the result of the Client providing incorrect/incomplete information and/or faulty materials. This also includes removal boxes in poor condition.
79. The Contracted Party excludes all liability towards the Client, unless the Client proves that damage has arisen as a result of the Client’s failure to execute, or incorrect execution of, the order, caused by the intent and/or gross negligence of the Contracted Party.
80. The Contracted Party can never be held liable on account of material or physical damage caused to or by the Client or to or by his/her helpers to anyone, even if the damage occurs during the cooperation between an employee of the Contracted Party and the Client and/or his/her helper(s).
81. Damage to plants, paintings, aquariums, waterbeds and animals shall always remain excluded from the Contractor’s liability.
82. In the event of damage where the Contractor’s conditions have been complied with, the Client is responsible for providing purchase receipts to qualify for financial compensation. On the basis of the purchase receipts, the current market value can be determined. The current market value is leading with regard to valuation. Payment is not possible without submission of purchase receipts.
Working conditions
83. The Contractor is authorised to refuse an order, possibly without giving reasons.
84. The Contractor reserves the right to employ extra help if there is a shortage of manpower and/or materials. The resulting costs shall at all times be borne by the Client.
85. The movers always retain the right to take a break during the removal. This break will not be charged.
86. The Contractor retains the right at all times to refuse the transport of pots of soil/plants, or items for which the movers cannot guarantee safe transport and animals, or will transport these at the Client’s own risk. This also applies to items that are hygienically irresponsible for the Contractor and its employees.
87. The Client may, if the working conditions are deemed to be so unhealthy, terminate the order early. Things like: mould, water, rubbish and excessive dust etc. fall under this category. Hours worked, including travel times, will be charged. If no prior notification is made of the extraordinary circumstances, no precautionary measures can be taken by the Contractor and the full liability lies with the Client whereby all incurred and resulting costs will be charged.
Hoisting
88. Hoisting requires that we can access the lifting beam and moving hook, the Client is responsible for this.
89. Hoisting is always at your own risk. All damages resulting from hoisting are entirely at the Client’s expense. Your household effects are insured when moving lifts are used.
Change, cancel and dissolve
90. Address changes can only be reported to the Contracted Party via the application form or in writing before the start of the relocation. The price and time indication as provided and accepted is no longer valid if the Contracted Party visits addresses not known in advance on behalf of the Client. Client hereby accepts all (consequential) financial consequences.
91. Additions and/or changes can only be added in writing, before the start of the move and must be confirmed in advance in writing by the Contractor. If the relocation situation/information deviates from reality, this shall not constitute grounds for complaint or compensation. The bill must be paid in all cases.
92. If the Client decides to cancel the removal, this must be notified in writing at least 7 days in advance and confirmed by telephone, otherwise we will be obliged to charge 50% of the minimum cost of your removal with a minimum of €150. If the Client decides to cancel within 48 hours before the start of the move, we are obliged to charge 75% of the minimum cost of your moving expenses with a minimum of €150. If, as a Client, you request a move to take place within 7 days, once you have confirmed our offer you cannot cancel without being charged the cancellation fee.
93. If the Client wishes to move the relocation 48 hours before the start of the move, a relocation fee of €150 will be charged.
Privacy policy and confidentiality
94. The Contractor uses cookies and other techniques such as JavaScript and web beacons on its webshop and related sites. Because we want to guarantee your privacy and improve the user-friendliness of your visit(s) to our site, we think it is important for you to know how we use cookies. Cookies are small, simple text files that your computer or mobile device stores when you use our website/web shop. Third-party cookies are also set via our website. The use of cookies by other companies is subject to the respective company’s privacy and cookie policy.
95. Both parties are obliged to keep confidential all confidential information they share with each other in the context of the agreement. Information is considered confidential if it is designated as such or if this follows from the nature of the information concerned. The confidential information will only be used for the purpose for which it was provided. If the Contractor is obliged on the basis of a statutory provision or court ruling/order to disclose confidential information, the Contractor shall not be obliged to compensate for any damage and, insofar as it is concerned, the Client shall not be authorised to dissolve the agreement.
Legal matters
96. If one or more provisions of these general terms and conditions are void or voidable, the other provisions shall remain fully applicable. The parties shall then agree on new provisions to replace the void or nullified provisions, taking into account as much as possible the purpose and meaning of the original provision. Section 3:42 of the Dutch Civil Code shall remain applicable in this respect.
97. Applicable law and choice of law the Contractor in Amsterdam. Dutch law shall apply to all legal relationships, including offers, quotations and agreements concluded between the Engaged Firm and the Client. Disputes, including disputes considered as such by only one party, shall be subject to the exclusive jurisdiction of the Amsterdam Court, unless rules of mandatory law dictate otherwise.
98. The price and time indication provided by the Contractor is based entirely on the information provided by the Client by means of the application form. By accepting the price and time indication, these General Terms and Conditions are automatically in force.
99. The Client or related parties such as helpers, parents, relatives, employers or other related parties and/or persons who are (in)directly linked to the Client are prohibited from inducing employees of the Contracted Party to enter into or offer an employment contract, paid work or any other type of working relationship with another company, with the intention of hiring the employee through this other company or having the employee perform paid work. If a party or person as described above offers an employment contract and/or paid work to employees of the Contractor, this is subject to a penalty of €10,000.00. In addition, a penalty will be charged for each day that this offer is not withdrawn with written notice to the Contractor of € 1,000.00 per day
When booking your move, you automatically agree to our terms and conditions as stated above.
