EMERGENCY
MAN AND VAN
A Premier London Man And Van Removals Service
EMERGENCY MAN AND VAN TERMS OF USE
Customers wishing to use Emergency Man and Van service acknowledge having read and agreed to the following Terms and Conditions.
If you do not agree with these Terms and Conditions, please do not proceed to use the site.
Nothing in these Terms and Conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses, damages or injuries sustained during any removal related task, any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
Subject to the liability which we accept above, please note:
(a) our aggregate liability to you arising out of or in connection with this agreement or use of the website shall not exceed the fees paid by you for your use of the service in the preceding 1 month; and
(b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the website for any indirect loss, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
Why You Should Read These Terms
Please read these Terms carefully before you place your booking with Emergency Man and Van. These Terms
include, but are not limited to, explaining who we are, our services.
Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are
unlawful, the remaining clauses remain in full effect.
Using the Website
Use of and access to our website is allowed on a temporary basis only. We will not be liable if for any reason the site is unavailable for any period of time. We also reserve the right to amend or withdraw the service we provide on our entire site, or any part of it, without prior notice.
Customers must be at least 18 years of age to use Emergency Man and Van and must provide up-to-date, valid and complete contact information with a valid email address.
Please be aware that you are responsible for making all arrangements required for you to access the website and you are also responsible for ensuring that all persons accessing the website via your internet connection are aware of and comply with these terms and conditions.
You may use the website only for lawful purposes and not in any way that is fraudulent, unlawful or that breaches any relevant law or regulation, whether local, national or international.
You must not knowingly transmit any data or material that contains viruses or any other harmful programs designed to adversely affect the operation of any computer software or hardware.
You must not duplicate, copy or resell any part of our website in direct contravention of these Terms and Conditions.
We retain the right to determine whether there has been a breach of our Terms and Conditions through your use of our website and when a breach has occurred we may take any action we deem to be appropriate.
We may revise these Terms and Conditions at any time by amending this page. Please, therefore, check this page from time-to-time to take notice of any changes as they are binding upon you when they are made. Some of the provisions contained in these Terms and Conditions may also be superseded by notices or provisions published elsewhere on our site.
If you have any concerns about material that appears on our website, please contact us at Info@emergencymanandvan.co.uk
Updates to our Site
We update our website constantly, however, in the event that any of the material on our site is out of date, we are under no obligation to update such material. We may temporarily suspend access to our website, or close it indefinitely, in order to make any necessary updates.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our website and in the material published on it. Copyright laws are in force and all such rights are reserved.
You must not use any part of any material on our website for commercial purposes without obtaining a license to do so from us.
You may print off one copy and may download extracts of any pages from our site for your personal reference but you must not modify the paper or digital copies you have printed off or downloaded in any way.
Jurisdiction
The jurisdiction of the English courts shall apply in exclusivity over any claim arising from, or related to, a visit to our website. We also retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
These Terms and Conditions and any dispute or claim arising out of, or in connection with them, shall be governed by and construed with the law of England and Wales.
Call Recording
Occasionally calls may be recorded for training purposes and we reserve the right to use these records in the unfortunate event that a dispute arises.
Fees
When booking with us you are booking for one trip only. If you wish the driver to make more than one trip for you, you are able to either add this into the booking using the Brief Description' option, so that this is factored into the quote you receive.
Customers are responsible for payment of additional monies if a booking exceeds the time booked for. The driver's half hourly rate for additional time is displayed on your quotation, and is also specified on the email confirmation you receive on booking.
The driver will make you aware when your booking is about to exceed the time booked for and at that point, if you confirm that you wish the driver to continue and complete the booking, any additional monies for extra time should be paid in cash to the driver at the completion of the job.
Customers are responsible for payment of additional monies if they omit a relevant stair charge from their booking and subsequently require the driver to carry goods up/down stairs.
Customers are responsible for payment of the booking, together with any additional overtime payment, at the conclusion of the booking. Should the drivers be required to wait for that payment, their half hourly rate for the booking will apply for all additional time they are required to wait.
Cancellations
If you cancel your booking more than 7 working days (Mon to Fri) prior to your pick-up time we will refund any card payments in full, less the booking fee which is the cost to us of processing both the booking, and the cancellation. Cancellations made less than 7 working days (Mon to Fri) before the pick-up time will be charged a cancellation fee.
There is no 'cooling off' period after booking and our cancellation policy applies immediately the booking is confirmed.
If you cancel your booking within 24 hours of the booking due to start you will not be refunded any monies that have been paid.
If you choose to freeze (postpone) your booking, and subsequently ask to cancel it at a later date, please be aware that it will be cancelled as per the original booking and date.
You are unable to freeze (postpone) your booking on the same day that it is due to take place and we do require 24 hrs notice of the postponement of any booking. If you request to freeze your booking on the same day that it is due to take place, please be aware that this will be treated as a cancellation.
Any frozen booking will need to be reactivated and used within 12 months of the date of the booking being frozen.
If your booking is unable to go ahead due to van size issues or other unforeseen problems which are outside of the driver's control, you will be charged a cancellation fee for the driver.
If you are not present at the collection address, no person nominated by you is present and you are not contactable by the driver or by Emergency Man and Van will wait for 50% of the booked time from the designated time of the booking if the booking has been paid in full.
If a deposit amount only has been paid, or if the booking is an 'all cash' booking, the driver will wait for 20 minutes from the designated time of the booking. No refund will be made if the driver has attended as booked, and waited for the requisite period of time before leaving the booking.
If a driver attends a booking and the customer is not present, no person nominated by the customer is present and the customer is not contactable by Emergency Man and Van, the driver must take pictures of the collection/delivery address to evidence attendance. In the event of a subsequent dispute, the driver will rely on his photographic evidence to prove his attendance at the booking.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are not applicable to service Contracts which provide for the transport of goods on a specific date or period for performance.
Goods in Transit Insurance
Please remember any claim for damage carries a £250 excess and our maximum claim per item is £500. The maximum claim per booking is capped at £1,000.
If any individual item to be moved in your booking is worth more than £500 you will appropriately insure the item against loss or damage as our liability and the driver's liability to you is capped.
Extra insurance for high-value goods can be arranged by calling Emergency Man and Van.
Your Responsibilities
Information and other materials posted on our website are not intended to amount to advice upon which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our website.
Van Sizes
It is entirely the customer’s responsibility to choose the correct size vehicle. Our Customer Services Team can give you all the relevant measurements to help you make the right choice or you can view our Size Guide.
Parking
Suitable parking arrangements for the driver will be made by you, the customer, at your own expense. These include, but are not limited to, suspended bays, parking permits, width restrictions and parking distances from your premises. You will fully indemnify the service provider if fines or penalties are incurred as a result of your failure to make said arrangements.
Packing
It is the customer’s responsibility to pack everything properly (unless packing services are requested). Emergency Man and Van does not accept responsibility for damage or breakage caused by poor packing.
Fridge freezers
It is the customer's responsibility to ensure that all fridge freezers are fully defrosted (Emergency Man and Van and its drivers are not liable for their contents) and all other appliances must be completely dry with no residual fluid;
It is the customer's responsibility to ensure that all fridge freezers are fully emptied (so as to lessen the weight) and free from any kitchen casing/unit fitting.
After a fridge or freezer is delivered and put in place, we suggest that it is left for 24 hours to settle before it is powered back on.
Washing Machines/Dishwasher
It is the customer's responsibility to un-plumb washing machines/dishwashers prior to our arrival. Service providers on the website are man and van services and not plumbers. Although they may be prepared to uninstall a washing machine or dishwasher, or reinstall a washing machine or dishwasher at your specific request, they take no responsibility for this.
It is the customer's responsibility to ensure that all washing machines/dishwashers are free from any kitchen casing/unit fitting.
Access to the new Property
It is the customer’s responsibility to make sure that all items are able to be moved into the new property (for example, wardrobe, bed, sofa etc). We are not insured for removing any windows or making new entrances to the property.
Customer Delays
If any delay is caused by the customer (e.g. everything is not packed, waiting for keys, incorrect address, etc) our service providers reserve the right to add an extra cost to the final bill.
Changes to the Collection Time
If the customer wants to change the pick-up time to a confirmed booking we cannot guarantee availability so please contact Emergency Man and Van.
Completion of Booking
It is the customer's responsibility to check and ensure that the interior of the van is empty of all goods before the van leaves the final address listed on the booking and the booking is then concluded.
We are not responsible for items left in the van and you agree that you are liable for any costs incurred by the driver in returning your items after a booking has been completed.
Customer Conduct
No abuse will be tolerated to our drivers or staff.
If the driver is forced to terminate a job because of abuse from a customer, the customer will still be charged in full.
We retain the right to cancel a booking in the event that the customer is abusive to our staff.
No complaint will be handled by Emergency Man and Van if the customer is abusive to our staff.
Recycling Centre
If you require the driver to attend your local recycling centre, it is your responsibility to check with the centre you intend to use that a waste disposal licence is not required. In general, our drivers will not carry these. Also, please check if there will be an additional fee for the van entering and using the centre's facilities, as you will be responsible for this charge.
Please note: If you require the driver to dispose of garden waste at a recycling centre, the waste will need to be bagged up so it is able to be disposed of without dirtying the interior of the van.
Travelling in the Van
Customers are able to travel in the van with the driver. Spare seats are based on your van size selection and the number of helpers you have requested. The number of seats available will be confirmed during your quote prior to booking. You are not charged extra to travel in the van and this service is offered as a courtesy by the driver. If you accompany the driver, you acknowledge and agree that this does not constitute a private hire or taxi service and you travel entirely at your own risk.
To ensure certain standards drivers are vetted before they are on-boarded into our company, however, we do not accept liability for a driver's appearance; smoking; driving ability; manner of driving nor the use of inappropriate language.
In addition, if a service provider feels that a customer has been in any way rude or abusive to him, he is not compelled to carry that passenger in his van. In no way does travelling in the van constitute a private hire and the cab of the van does not constitute a public area. Therefore please be aware that no smoking rules do not apply.
No refund will be given for complaints relating to you or any person travelling with the driver and we strongly recommend that you make your own travel arrangements as the driver is only required to complete the booking by moving your goods.
Please note: The driver will not provide child car safety seats for any children who wish to travel in the van with an accompanying adult. If a customer needs a child car safety seat for a child travelling during the booking, the customer will need to provide this.
Stairs
Please note that our drivers have a stair charge if you require them to carry your goods up or down any flights of stairs during your booking. For this reason, when you book with us you are asked to select if there are stairs at either collection or delivery address, and if so, how many flights. You are provided with a drop-down box to select how many flights there are at each address and a flight is classed as anything more than 8 consecutive steps.
Please be aware that if there is a lift that can be used to transport your goods, the driver's stair charge does not apply.
Links on our Website
Our website contains links to other websites and resources provided by third parties. These links are provided for your information only and we have no control over the contents of those sites or resources. We therefore accept no responsibility for those sites or resources or for any loss or damage that may arise from your use of them.
No Agency
Nothing contained herein shall create, or deemed to create, any agency, joint venture or partnership relationship between Emergency Man and Van and you and you should not hold yourselves out as implying any such relationship with us.
Privacy
Your privacy is very important to us and we will only distribute your personal details to trusted driver members and for the purposes of your quote.
By using our website you warrant that all information provided by you is up-to-date and accurate.
Disputes
Any disputes with regards to any man and van removal related jobs or tasks, should be raised with Emergency Man and Van, in writing, so we can investigate fully. By using our website and booking platform you agree to release Emergency Man and Van from all claims of every nature, known or unknown, and we will not be connected in any way with such dispute.
Even if we are not responsible, we will always try and help if something goes wrong with your booking and will try and resolve the problem in line with our advertised Complaints Procedure. All complaints should be made in writing via email to info@emergencymanandvan.co.uk so that they can then be raised with the driver.
We will do everything we reasonably can to carry out our side of this agreement, but there may be times when we cannot perform our obligations because:
* laws' regulations or a government authority stops us;
* circumstances beyond our control that we cannot remedy, i.e. extreme weather; road closures; driver illness; failure of mobile networks.
Confirmed Bookings
Confirmed bookings from Emergency Man and Van are exclusive of VAT.
Non-Payment
We reserve the right to impose immediate temporary or permanent withdrawal of your right to use our website.
We reserve the right, upon non-payment to a driver, to register your details with various blacklists and credit reference agencies.
Drivers have the right to hold your goods (lien) until all money owed under the contract you have with them, including applicable interest, has been paid. This includes costs incurred for storage and legal costs.
If full payment of any monies owed by you to the service provider is not received within 28 days, we shall be entitled to sell the goods or deal with them as we think reasonable and apply any proceeds towards our costs incurred and the outstanding money owed.
We also reserve the right to disclose any information to law enforcement authorities as we deem appropriate.
We do not accept Paypal/bank chargebacks and in the event of such, will pursue legal enforcement to reclaim our fee.
We do not store credit/debit card details as standard, however, we reserve the right to recharge a debit/credit card in the event of non-payment.
Self Loading
If the customer chooses a self-loading service, they are solely liable for any damage to their items. The man and van/removal service will not have any involvement in the loading and unloading of items. Insurances will only cover your items in the event of a road traffic accident.
Equipment
All of our drivers carry trolleys, straps and blankets but you can add any additional requirements in the brief description box during the quote process.
Minimum Charge
No time will be refunded under any circumstances for any hours booked irrespective of how many hours have been used. When booking with Emergency Man and Van, you automatically make them unavailable for the period of time you book for and he is unable to take on any further bookings for that time period. He will therefore expect to receive full payment for that booked time.
There is no refund for via stops not used. When booking a driver, you automatically make them unavailable for the period of time you book for and he is unable to take on any further bookings for that time period. He will therefore expect to receive full payment for that booked time.
If you need to change the date & time of your booking and the driver is unavailable for the updated time, Emergency Man and Van will always try to reallocate you a new service provider for the same price.
In the rare event Emergency Man and Van cannot reallocate you with a new driver, we will provide you with an updated quote from a driver who is available for the new time.
In order to be fully refunded for your first booking, you will need to book the new updated quote.
Failure to re-book will mean your deposit amount is non refundable. This will be used towards a cancellation fee for the driver who will have been unable to receive bookings for the time he was reserved by you, and administration time spent trying to recover the booking.
Any remaining balances that have been paid when booking will be refunded without delay.
Congestion Charge/Ultra Low Emission Zone (ULEZ)
From 22.06.2020 the Congestion Charge will increase to £15.00 and operate between 07:00 and 22:00 seven days a week. The Congestion Charge is added to the quotes you receive if your move either begins or ends inside the Congestion Zone.
If your booking starts or finishes in the Congestion Zone and the service provider's vehicle registration is older than 2005, the Central London Ultra Low Emission Zone (ULEZ) will also apply. The ULEZ Zone is in operation 24 hours a day, seven days a week, all year round. The service provider is responsible for payment of the £12.50 ULEZ charge.
Delays
All of our drivers do their very best to be on time, but there may be delays caused by circumstances out of our control (for example, weather, traffic, etc).
We do not accept responsibility for any customer losses due to out of our control pick-up/delivery delays.
Payment
All payments made to service providers must be made in cash or by pre-arranged credit or debit card. Any other kind of payment must be agreed with Emergency the Man and Van and made at least 5 days before moving day.
Losses/Damage
We do not accept responsibility for damaged or lost property once the job is complete and payment is made.
In the unlikely event of any damage to your items, we have strict conditions placed on us by our insurance company. All damage or loss must be reported within 24 hours of the completion of your booking. In the event that damage is reported to us, corroborating pictures of the damage should be supplied within 72 hours of the booking taking place, failing which a damage complaint cannot be processed.
In the event that a customer is expressly advised that a specialist mover/service should be booked for their move, no liability will be accepted for damage to goods/property should the customer decide to proceed with the booking in any event.
In the event that a customer is expressly advised that items should be dismantled prior to the move, no liability will be accepted for damage to goods/property should the customer decide to proceed with the booking without following said advice.
If reporting damage to goods which have been placed in storage and which only becomes evident on the goods being removed from storage, proof must be submitted that no third party has had access to the storage unit in the intervening period. This can be obtained on request from the storage unit Manager.
If reporting missing goods which have been placed in storage and which only becomes evident on the goods being removed from storage, proof must be submitted that no third party has had access to the storage unit in the intervening period. This can be obtained on request from the storage unit Manager.
It is essential that you have original dated photos of the item(s) concerned. Please note that any damage claims made after the 24 hour period expires will not be considered.
Any estimates in relation to replacement/repair of damaged goods or property must be provided within 28 days of the move date. Estimates provided beyond this time cannot be considered.
The drivers will not be held liable for damage if it is determined that your goods were already damaged, or had an inherent defect.
In the event that the driver is assisted in a booking by a customer or other third party provided by the customer, the driver shall not be held solely liable for damage caused to goods or property.
If a booking is booked as 'no help required', we cannot assist with any claim for damage.
Please note that without photographic evidence that goods were undamaged prior to your move, we are unable to compensate for scratched furniture, walls or flooring. (This is due to the difficulty in assigning liability for such damage in the absence of definitive proof).
We are unable to process a damage complaint for any communal area in a property. This is due to the communal nature of usage and the difficulty in assigning responsibility for damage.
No complaint will be considered if the booking has not been paid in full.
No complaint will be considered if raised more than 28 days from the date of the booking.
If multiple bookings have been made by a customer and any of those bookings remains unpaid in full, no complaint can be considered on any subsequent booking until that debt has been discharged.
Any complaint under investigation will be considered void if the customer fails to respond to correspondence from us for a period in excess of 28 days.
Any refund offer expires if not accepted within 28 days of the date that it was first offered
Your driver may ask you to sign a disclaimer if he feels your items are either not protected adequately or could be damaged in the move for other reasons which are beyond his control.
By using the platform you agree that our liability to you is capped at £1,000 per booking. If you accept any cash compensation paid by us in relation to a booking, your acceptance will be in full and final settlement of any and all claims you may have for that booking against both the driver and Emergency Man and Van.
Damage to Marble Goods
Marble goods, for example, tables or counter tops, will need to be protected by you prior to the booking. Although all drivers carry blankets, straps and a trolley as standard to move and protect your goods, marble is particularly fragile by nature and is liable to cracking and breaking due to sheer weight when moving. Over time, the integrity of marble is compromised and it will be vulnerable to damage, even with the most careful moving techniques.
Ikea/Argos Like products
Please note that Emergency Man and Van and its drivers will not take any responsibility for any damage or breakages involving any Ikea or Argos products of any type. This is due to the poor standard of construction and the one-off build design of their products. Flat pack furniture of any kind should not be disassembled as this can weaken the item and cause damage during transport.
Damage to Televisions/PCs/Monitors
Please note that Emergency Man and Van and its drivers will not take any responsibility for any internal damage to a television/PC or Monitor without clear evidence of external damage to the television/PC or Monitor. This will include but is not exclusive to:
* backlight 'bleeding';
* colour banding or bleeding;
* clouding of the screen; or
* pixel damage.
Due to the sensitive nature of televisions/computer equipment, without clear evidence of external damage, it is impossible to prove who caused any internal damage.
International Moves
On international moves payment must be made before the van is unloaded at the destination and there are no exemptions from this rule. We reserve the right to levy any extra charges or withhold delivery of goods until full payment plus any extra charges are settled in full.
Adherence to terms
The customer agrees that within English law no complaints or testimonials on any platform maybe left against either the company or service provider if the complaint is clearly covered within our Terms and Conditions.
The customer also agrees that should a complaint or claim be made that they allow good time for the company or service provider to answer the complaint or claim.
The customer agrees that should Emergency Man and Van be unable to ascertain the truth behind a matter that the customer agrees to any moderation that the companies deems necessary to settle the claim.
In the event of a negative third party review being left, we reserve the right to answer that review on any social media channel we deem fit.
Updated January 2021