Terms and Conditions
MOOVYN GENERAL TERMS AND CONDITIONS FOR CONSUMERS AS PER 1 APRIL 2016
The Moovyn online platform connects consumers and removals companies and guarantees the consumer a positive home moving experience. Moovyn offers the consumer the opportunity to progress a home move in a modern digital way and to find a suitable removals company. The consumer goes on to book his move via Moovyn.
SECTION 1 – GENERAL PROVISIONS
Article 1: Definitions
The following definitions are used in these General Terms and Conditions for Consumers:
Terms and conditions: This document and any appendices to it;
Moovyn: The limited liability company Move4U Web Applications B.V., registered with the Chamber of Commerce under number 59834552 and with its head office on Wolga, The Hague.
Customer: Any private individual who, in Moovyn’s view, does not act to deliver a business or professional activity and who enters into the contract with Moovyn for the transport of goods.
Parties: Customer and Moovyn jointly;
Removals Company: the removals company engaged by Moovyn in a professional capacity to take care of and carry out the removal;
Online Platform: The web application which Moovyn makes accessible on the www.moovyn.nl.
Removal: The actions and activities to remove a Customer’s Household Contents from one or more loading address to an unloading address, both of which are in the Netherlands;
Loading Point: The (residential) address where the Removal commences and from which the Customer wishes to remove removal items.
Unloading Point: The (residential) address where the Removal ends and to which the Customer wishes to move removal items.
Removal Contract: the contract to transport property whereby Moovyn undertakes with the Customer to (arrange to) transport Removal Items either exclusively in a building or home, or only partially in a building or home and either partly by road or exclusively by road;
Removal Items: items located in a room whether covered or not and which are part of the fabric, furniture or furnishings of said room, or which are designed for such use in the future and which are the objects and subjects of the Removal Contract;
Removal Price: The fee which the Customer pays to Moovyn for the Removal Contract, exclusive of any credit or subsequent calculation due to additional or reduced work;
Removal Date: The date and timeframe agreed between the parties on which the Removal will commence;
Household Contents: all the Removal Items which fall within the Removal Contract, with the exception of cash, documents with a monetary value and other cash-equivalent items;
Damages for delay: material damage as a consequence of the delayed arrival of Removal Items as specified, but not limited to, the provisions of article 6:96 of the Dutch Civil Code;
New value: the amount that is required immediately in the case of damage in order to purchase new items of the same type and quality;
Current value: the New Value minus an amount for depreciation on the basis of aging and wear and tear;
Market value: the amount for which an item can be traded on the regular market;
Additional work: activities to be performed by the Removals Company at the Customer’s subsequent request and which are not agreed when the Removal Contract is signed;
Reduced work: Activities agreed and quoted for in the Removal Contract which the Removals Company does not perform as part of the Removal, for example because they are not necessary or because – in the view of the Removals Company or Moovyn – they are impossible;
The 2015 General Terms and Conditions for the Custody of Removal Goods (AVBV 2015): The 2015 General Terms and Conditions for the Custody of Removal Items (De Algemene Voorwaarden Bewaarnemingen Verhuisgoederen 2015), which are attached to these Terms and Conditions as an appendix;
RELO Terms and conditions: The RELO INSURANCE terms and conditions of insurance which apply to his Removal Contract and the Removal, and which are attached as an appendix to these General Terms and Conditions;
Custodian: The professional custodian engaged by Moovyn which takes custody of the Customer’s Removal Items and stores them for the long-term and holds them;
Storage Agreement: the contract in which the Storage Contractor undertakes to retain and return the Removal Items which the Customer entrusts or will entrust to him;
Article 2: Applicability and scope of the General Terms and Conditions
- These General Terms and Conditions apply to all (removal) contracts, proposals, offers, additional work or other types of commitment which Moovyn enters into with its Customers via its online platform, unless the applicability of these General Terms and Conditions is expressly excluded in writing by Moovyn;
- Moovyn expressly rejects the application of the Customer’s general or purchasing terms and conditions, as well as conditional acceptance or other conditions on the part of the Customer;
- Should a situation arise between the Parties which is not (expressly) governed by these Terms and Conditions, or should an article from these Terms and Conditions be deleted or become null and void on the basis of a mandatory provision, this situation shall be assessed according to the spirit of these general terms and conditions and the Parties undertake to agree an alternative provision in the spirit of the void or deleted provision;
- The provisions of clause 3 of this article have no impact on the validity of the remaining conditions and clauses;
- By using the Online Platform, the Customer is aware of and agrees with the latest version of these Terms and Conditions. The validity of the General Terms and Conditions is again confirmed expressly by the parties when the Removal Contract is agreed;
SECTION 2 – THE REMOVAL CONTRACT
Article 3: Use of the Online Platform
- Effective operation of the Online Platform - including (but not exclusive to), offering comparisons between the services of Removals Companies and the preparation of proposals for Removal Contracts for future customers - is predominantly dependent on the accuracy of the data which the Customer enters. The Customer is responsible for ensuring the accuracy of this data and indemnifies Moovyn and exempts it from all liability for any (negative) consequences of any nature whatsoever as the result of providing incorrect or incomplete information;
- The Online Platform uses the data provided by the Customer, such as the distance between the loading and unloading point, the numbers and types of rooms to be moved and any special removal items, as well as the rates specified by the Removals Companies, to prepare a proposal using an algorithm;
- Moovyn cannot be bound by proposals prepared on the basis of information provided inaccurately by the Customer and is entitled to destroy any such proposal without liability to the Customer;
- Moovyn cannot be bound by proposals prepared on the basis of information provided inaccurately by the Removals Company and is entitled to destroy any such proposal without liability to the Customer, provided that Moovyn undertakes as far as possible - where this can reasonably be expected of Moovyn – to offer the Customer an alternative Removals Company which is as close as possible to the destroyed Removal Contract;
- Moovyn cannot be held to its proposals and offers if the customer reasonably and fairly and in accordance with generally held views should have understood that the proposals or offers, or any part thereof, contained an obvious error or spelling mistake, or if the circumstances – such as the Removal Price or the availability of the Removals Companies or the unusual features of the Removal Items, Loading or Unloading Point - according to which these proposals were prepared vary too significantly in the opinion of Moovyn from the circumstances at the time of acceptance or if the Removals Company has made an obvious mistake in his offer or proposal;
- Moovyn makes every effort to ensure availability of the Online Platform 24 hours per day. However there may be occasions when the Online Platform is not functioning fully or correctly. Moovyn accepts no liability for the failure to process or the possible incorrect processing of proposals and the Removal Agreement during any temporary failure of the Online Platform and is entitled to destroy these without liability to the Customer.
Article 4: Formation of the Removal Contract
- The Removal Agreement is formed when the Customer agrees with the proposal provided by Moovyn via the Online Platform. Failure by the Customer to comply with the payment obligations shall result in the Removal Contract not being formed;
- The Removal Contract is agreed between Moovyn and the Customer. By signing the Removal Contract, Moovyn instructs the Removals Company to proceed with the Removal, or to reserve the Removal date for the Customer;
- The Removal Contract is agreed for an indefinite period and ends by force of law on completion of the Removal.
- Any additional agreements, pledges or notifications made by employees of Moovyn, or on behalf of Moovyn or made by the Removals Company of other individuals acting as representative are binding on the part of Moovyn only if these are expressly confirmed in writing by its authorised management representatives or by other duly authorised individuals.
- Moovyn enters into a Removal Contract for Removals from Loading Points within the Netherlands to Unloading Points within the Netherlands for Customers with a Dutch (invoice) address. The Customer is permitted to enter into a Removal Contract with Moovyn if the Customer is a consumer as defined by law. If the Customer enters into the Removal Contract in the capacity of a legal person, the natural person acting on behalf of the Customer is severally liable for the obligations arising from the Removal Contract as if he had entered into the Removal Contract under personal title.
- The provisions of paragraph 5 of this article do not affect the obligations of any legal person who has entered into the Removal Contract with Moovyn as a Customer.
Article 5: Obligations on the part of the customer
- The Customer shall exercise all due care towards Moovyn and the Removals Company both during the preparations for the Removal and during the Removal itself. If the Customer hinders, delays or blocks the Removal in any way by consciously or unconsciously failing to obtain access to the Loading or Unloading Point or the Removal Items, or is accused of negligence in the broadest sense of the word, Moovyn is entitled to suspend its obligations under the Removal Contract.
- The Customer undertakes to make the Loading and Unloading Point accessible and shall ensure that all necessary agreements, exemptions and permits are obtained from third parties such that these will not hinder or delay the Removal in any way whatsoever.
- The Customer undertakes to follow instructions from Moovyn with respect to making Removal Items suitable for the Removal. Any actions which Moovyn and/or the Removals Company are required to perform in order to make items suitable for Removal will be charged to the Customer as Additional Work;
- The Customer shall inform Moovyn of any special Removal Items well in advance of the Removal, including:
- all items whose presence represents an exceptional risk of damage to the Removal Items, the Removals Company’s operating equipment or physical injury of any kind;
- all items of a technical nature for which the manufacturer has issued users with special safety measures to be implemented prior to commencing transport;
- all items of an exceptional nature which are subject to special provisions from domestic and/or foreign (government) bodies, such as items of exceptional sentimental or financial value, works of art or valuable collections, (replicas of) firearms;
- all articles which are of above-average fragility or value and where particular care is required during the removal;
- The Customer shall inform Moovyn of any special features of the Loading and Unloading Point well in advance of the removal, including:
- special features of the Unloading Point which may in any way affect the Removals Company’s activities (for example a living room on the first floor);
- special features of the Loading Point which may in any way affect the Removals Company’s activities (for example a lift in an apartment building);
- other matters and circumstances of any nature whatsoever which it may be important for the Removals Company to know (for example a broken pavement in front of the house on the Removal Date).
- If the Customer passes hazardous items or substances to Moovyn as defined by the Transport of Hazardous Substances Act (Wet Vervoer Gevaarlijke Stoffen), the Customer must advise Moovyn of the nature of the hazard that these entail and the preventive measures which the removals Company must implement.
- Moovyn is entitled to refuse to move hazardous items or substances which it was not informed about when the contract was agreed, or where the information in the opinion of Moovyn or the Removals Company is clearly incorrect.
- Moovyn is entitled to unload hazardous substances which it was not informed about when agreeing the contract at any time and place and to (arrange to) make these safe of destroy them at the Customer’s own cost. Furthermore, the Customer is then liable for all reasonable and assignable costs and for any damage arising from the transport of said hazardous substances.
- In paragraphs 6, 7 and 8 of this article, the Removals Company should be considered as the equivalent of Moovyn if Moovyn’s intervention is reasonably and fairly impossible.
- If - in the opinion of Moovyn - the Customer has failed to take the provisions of this article into (sufficient) consideration, Moovyn is entitled to suspend its obligations arising from the Removal Contract without compensation to the Customer.
- The Customer indemnifies Moovyn and the Removals Company from any third-party liabilities which may arise from executing the Removal.
Article 6: Obligations on the part of Moovyn
- Moovyn will provide the customer with instructions that are as clear and unambiguous as possible with respect to making Removal Items suitable for the Removal, and if required will provide the Customer with removal boxes.
- Moovyn is obliged to (arrange to) deliver the Removal Items to the destination (and where reasonably possible, place it in its designated spot) in the state in which it was presented for packing, dismantling or transport;
- Moovyn is obliged to complete a specified Removal, other than in the case of the exceptions specified in article 5 of these Terms and Conditions;
- Moovyn’s obligations under the Removal Contract end at the moment that the Removal Items are delivered to the agreed destination. All additional activities after the time of delivery shall be considered to be Additional Work.
Article 7: Dissatisfaction, complaints and damage
- Should the Customer have any comments or observation concerning how the Removal is carried out, these should be discussed with the Removals Company on site in the first instance. Should the Customer and the Removals Company fail to reach agreement, Moovyn shall provide guidance to the Customer and give the Removals Company instructions;
- The Customer undertakes to follow the procedures specified by Moovyn when reporting dissatisfaction, complaints or damage – to the exclusion of other channels - via the Online Platform.
- Moovyn accepts no liability for failure or delays in handling reports of dissatisfaction, complaints or damage which are not communicated in the way specified by Moovyn;
- Dissatisfaction, complaints or damage in relation to Additional Work not confirmed by Moovyn will not be considered and fall outside the scope of the Removal Contract.
Article 8: Removal Price and Payment
- The rates and prices specified by Moovyn are dependent on the rates specified by Removals Companies, and are therefore subject to fluctuation.
- The Removal Price is payable immediately on agreement of the Removal Contract via the payment options specified by Moovyn. Moovyn will invoice additional costs such as costs for Additional Work or costs arising from Custodianship separately and these shall be payable within 30 days of the invoice date, unless a different date is specified on the invoice;
- All amounts are in euros and inclusive of VAT, unless expressly agreed otherwise in writing.
- Payment in instalments is possible, however, full payment must be completed before Moovyn is obliged to (arrange) execution of the Removal. If the Parties have agreed payment in instalments, but Moovyn has received no or only partial payment at the latest by 7 days prior to the Removal Date, Moovyn may offer the Customer an alternative Removal Contract and/or Removal Date, however, Moovyn is not obliged to do this and the provisions of article 9 with respect to the cancellation fee remain unaffected;
- If payment in instalments is agreed, article 4 paragraph 1 applies such that payment of the first instalment forms the Removal Contract.
- The Customer can be required to settle claims from Moovyn at any time, unless the parties have expressly agreed otherwise prior to the removal Contract.
- If on submission of the invoice by Moovyn, Moovyn is of the opinion that the Customer is not meeting or will not meet his payment obligation, Moovyn is entitled to suspend (completion of) the Removal. In this case, Moovyn is furthermore entitled to store and sell the Removal Items without compensation to the Customer, provided this is with judicial consent as specified in 8:1194(2) of the Dutch Civil Code.
- If an invoice remains unpaid after the deadline specified in paragraph 2 of this article, the Customer shall, having been sent a reminder by Moovyn in the form of a notice of default, be liable for extra-judicial costs in accordance with the scale specified in the Netherlands Extra - Judicial Collection Costs Decree (Besluit vergoeding Buitengerechtelijke Incassokosten), with an absolute minimum of €40.00 excluding VAT, with no requirement for actual transfer to an authorised collection agent. The Customer is also liable for all other costs arising from late payment, such – but not restricted to – bailiff costs, lawyer’s fees and other legal costs;
- If the Customer is not the individual whose Removal Items are specified in the Removal Contract, Moovyn will make special arrangements with the Customer for the payment of costs arising from the Removal Contract and with respect to delivery if the owner of the Removal Items himself cannot be contacted. Should the Customer fail to meet its payment obligations, the owner of the Removal Items is liable for the payment of the Removal Price and act on behalf of the Customer with respect to the obligations under the Removal Contract.
- If an invoice is not paid in full after the deadline specified in paragraph 2 of this article, the Customer is, with no further notice of default required, required to pay cumulative late-payment interest to Moovyn of 2% per month (or part thereof) on the principal amount. Parts of months are considered to be full months in this situation;
- In the situation above, or in similar circumstances, Moovyn may elect to terminate the contract in whole or in part, without further notice of default or legal intervention, and may also claim compensation while having no obligation to pay compensation to the Customer.
- If Moovyn has a reasonable suspicion to doubt the Customer’s creditworthiness, it may suspend its obligation or refuse to perform any Additional Work.
- Payments made by the Customer are always prioritised to settle all interest and costs owing, and then to settle the oldest outstanding invoices, unless when making payment, the Customer expressly specifies in writing that the payment is in respect of a later invoice. If the Customer, for whatever reason, has, believes that it has, or will have one or more claims against Moovyn, it will under no circumstances be entitled to a legal set-off against any such claim. This waiver of right to settlement applies equally where the Customer applies for (temporary) suspension of payments or is declared bankrupt.
- Where Moovyn owes payment to the Customer, payment will be made within 14 days from the date on which Moovyn became aware of its payment obligation. This is not a mandatory deadline as defined in article 6:83(a).
Article 9: Postponement, cancellation and termination
- The Customer is entitled to cancel the contract at any time without providing reasons.
- In the case of cancellation pursuant to paragraph 1, the Customer shall pay Moovyn a cancellation fee based on the scale below:
- up to 30 days prior to the Removal Date 15% of the Removal Price;
- up to 14 days prior to the Removal Date maximum 50% of the Removal Price;
- up to 7 days prior to the Removal Date maximum 75% of the Removal Price;
- the full Removal Price is payable up to within 7 days of the Removal Date;
- The cancellation fee shall be charged – where applicable – by crediting the remaining amount. Moovyn undertakes to refund and remaining amount to the Customer within 14 days, however, this is not a mandatory deadline as defined by article 6:83(a).
- The Customer may terminate the removal contract without payment of a cancellation fee if the Customer is advised that Moovyn will be unable to complete the Removal on the Removal Date and the Customer can not reasonably be expected to agree an alternative Removal Date. The Customer must advise Moovyn of the termination within 24 hours of becoming aware of this situation, taking into account paragraph 6 of this article. This right to termination does not apply where the difference is a timeframe shorter than four (4) hours.
- If prior to or during the transfer of the Removal Items to Moovyn/the Removals Company, circumstances emerge in relation to either party which the other party did not need to know when agreeing the contract, but which knowledge would have been reasonable grounds not to enter into the removal contract, or to do so only under different terms and conditions, the other party is entitled to terminate the contract.
- The contract must be terminated by giving written or electronic notice to the other party, and the contract ends at the time of receipt of this notification.
- Following termination of the contract, and in accordance with standards of reasonableness and fairness, the parties are obliged to provide evidence to each other of the damage suffered for which compensation is claimed, other than in the exceptions specified by Moovyn in these Terms and Conditions. The level of compensation may not exceed the agreed removal price.
Article 10: Amendment to the Removal Contract
- The Customer may ask Moovyn to amend the execution of the Removal Contract. The proposed amendment must be feasible for Moovyn and/or the Removals Company and must not disrupt Moovyn’s and/or the removals Company’s business operations. Furthermore, the Customer must indemnify Moovyn against all necessary costs and disadvantages which actually arise from the amendment to the Removal Contract.
- If, due to unforeseen circumstances, Moovyn is unable to comply with the removal contract in accordance with its instructions and within a normal period of time, it must:
- request new instructions from the Customer or, if this is not possible, implement measures which in its view are in the interests of the Customer as far as possible.
- In the case of Additional Work, Moovyn will use information from the Removals Company’s to issue an updated quote via the Online Platform, unless this is not possible due to the urgency of the Additional Work.
- Moovyn is under no circumstance obliged to compensate or credit the Customer for Reduced Work.
- Moovyn accepts no liability for damage or other negative consequences caused by Additional Work performed by the removals Company which Moovyn has not expressly approved and quoted for in writing. Should this Additional Work lead to a conflict between the Customer and the Removals Company, Moovyn may – but is not obliged to – act as mediator.
Article 11: Storage
- If prior to execution of the Removals Contract, or during the Removal, it emerges that Storage of (part of) the Removal Items is necessary and is required by the Customer, Moovyn may enter into a Storage Contract on behalf of the Customer with a Storage Contractor to be appointed by Moovyn.
- Storage is subject to the provisions set out in the 2015 General Terms and Conditions for the Custody of Removal Goods. If any of the provisions of this are in conflict with the provisions of these Terms and Conditions, the Terms and Conditions shall take precedence.
- Insofar as the Storage Contract is able to exercise rights of any kind to the Customer, Moovyn is entitled to exercise the same rights to the Customer. This includes the possessory pledge pursuant to art. 14 paragraph 6 of the 2015 General Terms and Conditions for the Custody of Removal Goods.
- Moovyn will apply the same degree of care when engaging Storage Contractors that it does when engaging Removals Companies.
SECTION 3 – LIABILITY AND INSURANCES
Article 12: Liability on the part of Moovyn
- Moovyn cannot claim any limit in liability insofar as damage is caused by its own actions or negligence, either with the intention to cause damage, or recklessly and with the knowledge that this damage would be the probable result;
- If the Removals Company or Storage Contractor invokes force majeure in their commitments to Moovyn, Moovyn shall similarly invoke force majeure to the Customer;
- Force majeure is defined as circumstances which hinder compliance with the commitments and which are not attributable to Moovyn. This includes, but is not restricted to: strikes at companies other than Moovyn, wild strikes or political strikes within Moovyn, a general shortage of the necessary raw materials and other items or services necessary to deliver the agreed performance, non-foreseeable stagnation among suppliers or other third parties on which Moovyn is dependent, (un)natural disasters which have consequences for the infrastructure used by Moovyn, (threat of) – declared or non-declared - war, (threat of) terrorism and general transport problems in the broadest sense. Moovyn in entitled to invoke force majeure if the circumstance which hinders (further) compliance occurs after Moovyn should have met its commitment. Supply and other obligations on the part of Moovyn are suspended during periods of force majeure;
- The Removal Items should be checked for any visible defects as soon as they are delivered to the Unloading Point. Complaints concerning visible defects must be reported to Moovyn immediately in the manner specified by Moovyn. The Customer must report complaints concerning other defects to Moovyn in writing within 8 days of delivery, in the manner specified by Moovyn. After this deadline, Moovyn has no obligation whatsoever with respect to complains from the Customer. The Customer must provide evidence that the items delivered and their packaging showed defects at the time of delivery. The burden of proof lies with the Customer to show that the items to which the complaint relates were delivered in a worse condition than they were in when passed to the Removals Company for Removal. Even if the Client submits a complaint, the Customer’s obligation to make payment and accept orders remains unaffected. Items may be returned to Moovyn only with prior written consent;
- If the period of force majeure during which Moovyn is unable to comply with its obligations exceeds 14 days, both Moovyn and the Customer are entitled to terminate the contract in writing, without this resulting in any obligation on the part of Moovyn to pay compensation. If at the time that the force majeure commences Moovyn has already met its obligations in part, or is able only partially to meets its obligations, it is entitled to invoice the proportion already delivered and deliverable separately, and the Customer is obliged to pay this invoice as if it were with respect to a separate contract;
- Should Moovyn be found liable, such liability shall by limited to direct damage. Liability for consequential damage is expressly rejected;
- Direct damage is defined exclusively as – in the opinion of Moovyn - reasonable costs to establish the cause and extent of the damage where this relates to damage as defined in these terms and conditions, any reasonable costs incurred to hold Moovyn accountable for its defective performance in relation to the agreement where this is attributable to Moovyn, and reasonable costs incurred insofar as the Customer demonstrates that these costs limited the direct damage as defined in these general terms and conditions. Moovyn is under no circumstance liable for indirect damage, including consequential damage and damage as the result of business interruption;
- Moovyn shall under no circumstances be held liable for an amount in excess of the (combined) Removal Price to which Moovyn has liability to the Customer by force of this contract;
- Should the provisions of paragraph 10 of this article not apply, liability on the part of Moovyn is limited to the amount that its insurance company pays for said damage.
Article 13: Insurances
- For any Removal within the Netherlands, Moovyn has insurance for the Household Contents to cover all losses and material damage to the Household Contents as described in greater detail in the RELO Terms and Conditions.
- If a claim is paid under this insurance, the following terms and conditions also apply:
- The Household Contents is, with the exception of the vehicles and vessels specified below and objects with an antique or rarity value, insured on a new for old basis, unless the current value is less than 40% of the new value. In this latter situation, payment will be based on the current value.
- Payment for motor vehicles, trailers, caravans, vessels and their parts and accessories is always based on the current value.
- Articles with an antique or rarity value are always paid out on the basis of their market value. Damage is defined as the difference between the value of the insured items immediately before and immediately after the event, or at the option of the insurance company, repair costs established by experts immediately following the event plus the reduction in value not rectified by the repair, as established by experts.
- The maximum sum insured for theft of jewellery is €5,000 per event.
- In the case of damage to items intended for trade and professional use, the maximal payment is €25,000 per event.
- The value (new value, current value or market value) is determined by Moovyn or by the experts appointed – or approved - by the insurance company on the basis of pre-valuation if there is a valid valuation report. If part of the Removal Items have been valued previously, this pre-valuation is valid for three years from the date of the valuation report.
- Damage may be repaired and partially lost items replaced only once agreement has been reached between the Customer and Moovyn (or the claims expert or the insurance company) regarding the amount of damage, or once the damage has been fully documented.
- Where storage is part of the Removal within the Netherlands, the Household Contents is insured for the first 30 days, as with a Removal. Where no other agreement is reached between the Parties, the Household Contents remain (on payment of a fee) insured pursuant to paragraph 1 of this article. When extending the storage period, the Customer has the option to keep the Household Contents insured (on payment of a fee) under the provisions of paragraph 1 of these general terms and conditions, or to insure it for another amount to be agreed. If the insurance (where applicable for a different amount) is not extended, liability on the part of the contractor is limited after the first 30 days of storage pursuant to articles 15 and 18 of the 2015 General Terms and Conditions for the Custody of Removal Goods.
SECTION 4: LEGAL
Article 14: Applicable Law and Choice of Forum
- The contract agreed between Moovyn and the other party is governed exclusively by Dutch law. Any disputes arising from this contract shall equally be settled in accordance with Dutch law.
- Any dispute shall be settled by the competent Dutch court, provided that Moovyn obtains authorisation to submit a case to the competent court in the place where Moovyn is headquartered, unless such a choice of forum is excluded by mandatory legal provisions.
- With respect to disputes arising from a contract agreed with a Customer domiciled outside of the Netherlands, Moovyn is entitled to act pursuant to paragraph 2 of this article or - at its own choice and therefore not obligatory - submit disputes to the competent court in the country where the other party is domiciled.