PLEASE READ THESE TERMS AND CONDITIONS (the “Customer Terms”) CAREFULLY BEFORE USING THE CMV PLATFORM. THESE CUSTOMER TERMS SHALL APPLY BETWEEN THE CUSTOMER AND COMPARE THE MAN AND VAN (BUT NOT DRIVERS).
DEFINITIONS USED IN THESE CUSTOMER TERMS
Throughout these Terms we will use various defined terms. We have set out below what each of these terms means for ease of reference:
|
Allocate / Allocated |
means that a Driver has been offered and has accepted a Job via the Platform and We have allocated that Job to that Driver |
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Business Days |
means Monday to Friday but excluding bank holidays in the UK |
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Business User |
means a user of the CMV Platform that is acting in a business capacity |
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CMV / We / Us / Our |
means CMVGP LTD registered in England and Wales under company number 15614061 and have our registered offices at 2nd Floor Skyways Hub, Speke Road, Speke, Liverpool, United Kingdom, L70 1AB with VAT number GB 464 7746 51. We own the CMV platform. |
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CMV Service |
means the CMV Platform provided by Us to enable You to book a Job |
|
Cancellation Fee |
means a charge which may be payable by You to Us in accordance with these Customer Terms |
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Customer Platform Fee |
means the fee paid by You to Us for Your use of the CMV Platform which is collected by Us as part of the Price |
|
Driver |
means the driver(s) You book via the CMV Platform to complete the Job |
|
Driver Delivery Service |
means the service provided by the Driver to You which includes completion of the Job |
|
Driver Terms |
means the contract that is put in place between You and the Driver in relation to the Driver Delivery Service |
|
Extra Fees |
means additional fees which may be payable in accordance with Appendix 2 |
|
Items |
means the items that are to be collected and delivered by a Driver |
|
Job |
means the collection and delivery of Items that You book via the CMV Platform |
|
Payment Card |
means the credit or debit card that You use to make payment for the Job or the PayPal account that You use to make payment for the Job |
|
Platform |
means the CMV Platform available at https://www.comparethemanandvan.co.uk/ |
|
Price |
means the cost of the Job plus the Customer Platform Fee, as detailed via the CMV Platform |
|
You / Your / Customer |
means you, the individual customer who uses the CMV Platform to book a Job |
WHAT DO WE DO AND HOW DO THESE CUSTOMER TERMS APPLY TO YOU?
We provide the Platform with reasonable care and skill and in accordance with the description of the Platform on Our website at www.comparethemanandvan.co.uk.
We will only provide the CMV Service. This means that CMV does not provide the services of the Driver. Our role is limited to that of providing the Platform to enable You to book Jobs.
HOW TO CONTACT US
We can be contacted at the following email address: escalations@comparethemanandvan.co.uk
ABOUT THESE TERMS AND IMPORTANT INFORMATION
When You book the Job via the Platform You are deemed to have accepted these Customer Terms and Our Privacy Policy available at: https://www.comparethemanandvan.co.uk/help/privacy-cookies.
These Customer Terms are applicable to the use of the Platform by You if You are acting in Your personal capacity only.
If You are acting on behalf of a business and/or are using the Platform as a Business User, use of Our Platform is subject to the same User terms and conditions.
When You place a booking for a Job using the Platform You agree that:
We are not a transport provider and do not provide the Driver or the Driver Delivery Service.
We provide only the Platform that facilitates Your booking and management of the Driver Delivery Service.
We can collect payment for the Price of the Job from Your Payment Card when You book Your Job via the CMV Platform.
The Driver Delivery Services are provided to You by a Driver, under the Driver Terms which are in place between You and the Driver. We are not a party to the Driver Terms.
Sometimes We may need to cancel a Job booking. We will only do so in accordance with these Customer Terms.
If You cancel a Job booking We can charge you a Cancellation Fee in accordance with clause 9.
THE CMV PLATFORM
When You make enquiries to book a Job using the CMV Platform You will:
be able to choose the collection and delivery location of the Item(s);
be able to choose the collection time for the Item(s);
be able to choose a delivery day for the Item(s);
be provided with a choice of Drivers that may be able to complete Your Job and the Price they offer to complete Your Job;
select Your preferred Driver and book the Job via the CMV Platform.
If the Driver You have chosen is unavailable or unable to complete Your Job once You have placed the booking We will do Our best to Allocate a new Driver to You at the same Price that was offered by the original Driver.
When using the CMV Platform, You will enter into a contract with the Driver on the Driver Terms in Appendix 1 which will come into effect when the Driver accepts Your Job booking via the CMV Platform.
When You use the CMV Platform, if You cannot find a Driver to complete Your Job when You use the search function, You will be given the opportunity to place Your Job into an auction section of the CMV Platform. This section of the CMV Platform allows Drivers to contact You and offer You prices for the Job based on their availability. It might be that a Driver suddenly has last minute availability and is able to offer to complete the Job. If Your Job is part of this auction section of the CMV Platform, clauses 5.1 to 5.4 of these Customer Terms will still apply to Your booking.
YOUR JOB
Acceptance of the Job via the Platform and the Price offered to You is based on the information You provide through the Platform during the booking process. You must make sure that all the information You provide on Our Platform is accurate.
If the information You provide via the Platform is not accurate:
We may need to cancel the Job;
The Price may not be accurate and We may need to increase it;
The Driver may be unable to complete the Job.
Once You have made a booking for a Job, if You require any other Items to be moved from or to other locations, You must make a separate booking on the Platform.
YOUR USE OF OUR PLATFORM
The services that We provide to You are limited to providing the CMV Platform which enable Jobs to be booked by You in accordance with these Customer Terms.
We cannot guarantee that the Platform will run error free or without interruption. From time to time We will undertake planned and reactive maintenance to the CMV Platform which may limit Your ability to access them.
We collect and process all personal information about You in accordance with Our Privacy Notice available at: https://www.comparethemanandvan.co.uk/help/privacy-cookies.
You, Us and the Driver can monitor and manage Job bookings via the Platform. This means that You are able to make some changes to and cancel a Job using Our Platform.
YOUR RESPONSIBILITIES
To use Our services and the CMV Platform, You must:
comply with these Customer Terms;
be at least 18 years old;
provide Us with Your valid, current (up to and including the date of the Job) email address and telephone number;
keep Your payment information up to date and to provide Us with valid payment details at the time Your Job is booked and at all times until the Job is completed;
provide accurate information to Us when You book Your Job;
ensure You have access to Our Platform at all times when using Our services;
provide anyone whose personal information You supply to us (for example if a friend or family member is meeting the Driver for Your Job) with a copy of these Consumer Terms and Our Privacy Notice;
be at the collection address set out in Your Job request with the Item(s) ready to be loaded onto the Driver’s vehicle at least 15 minutes before the time the Driver is scheduled to arrive;
arrange access for the Driver at the pickup and drop off locations set out in Your Job;
arrange for all parking permissions at the pickup and drop off locations set out in Your Job, including paying any fees required for parking the Driver’s vehicle so Your Job can be completed without the Driver being given a parking fine;
if applicable, if You book a Driver to move goods to a municipal waste centre, confirm with that municipal waste facility whether the Driver requires any permit to gain access and complete Your Job. This may include informing the local authority of the size of the vehicle being used and the nature of the Items being disposed of. If any such permit is required You must obtain it at Your own expense;
read and comply with Appendix 3 “Good Moves”; and
behave and ensure that any other person connected with You behaves in a way that is not abusive or threatening towards the Driver.
We reserve the right to immediately suspend Your access to Our Platform if we suspect the information You have provided is false or misleading or if You have breached these Customer Terms or the Driver Terms.
We reserve the right to cancel Your Job in accordance with clause 12.
HOW YOU CAN MAKE CHANGES TO YOUR BOOKING
If You need to make changes to Your Job booking, then You can do this up to 17:00 hours on the day before the Job is scheduled to start by using the link in the confirmation email We sent You.
If You cannot make the changes through the link then contact Us by email at escalations@comparethemanandvan.co.uk We will always try to accommodate any changes You require to Your booked Job, for example from a one Driver Job to a two Driver Job, but this may mean:
We have to book a new Job in addition to the original Job booking (which will involve Us providing You with an additional Price);
We need to reschedule Your Job;
We charge You a Cancellation Fee; and/or
We increase/decrease Your existing Job’s Price.
We will confirm the details of any changes set out in clause 9.3 with You and get Your agreement to any changes at the time the Job booking is changed.
THE PRICE AND PAYMENT
The Price includes:
fees for Your use of the Platform (the Customer Platform Fee);
the fees to be paid to the Driver for carrying out the Job; and
Extra Fees if applicable (examples of which are set out in Appendix 2 to these Terms).
The Price may change if You make any changes to the Job.
The Price will also include VAT where applicable.
You must make payment of the Price when you book the Job otherwise the Job will not go ahead and Your booking will be void.
There may be Extra Fees payable for the Job which We are unable to specify to You in advance of the Job being completed by the Driver. Examples of this may include a parking charge or road toll that the Driver incurred but was not anticipated when the Job was accepted on the Platform. We will always endeavour to inform You of Extra Fees in advance, but this may not always be possible.
If You do not pay the Price or any other fees that We reasonably charge for Our services (including any Extra Fees) then We may commence collections proceedings, which may mean We ask a third party debt collection agency to recover Our fees. Any recovery action against You may incur extra fees charged by Our collection agent.
If the Job is not completed, We will only charge You the Price:
if the Job was not completed due to an act or omission by You; and/or
if You failed to comply with these Terms;
if You failed to comply with the Driver Terms; and/or
in accordance with clause 10 or 11.
If You do not provide accurate information to Us when You make Your booking the Price offered by the Driver may not be accurate and the Driver may charge You more for the Job on the day they complete the Job for You. Reasons for this might include the Job taking longer than You told the Driver it would. In such circumstances the Driver will be entitled to charge You an overtime fee on the day of the Job which You will need to pay to the Driver in cash on the day.
WHEN YOU MAY CANCEL A JOB
Certain consumer laws provide consumers with rights to cancel contracts they enter into either online or via the telephone within fourteen days of entering into that contract. This is called the 14 day cooling off period
You enter into a contract with Us on these Customer Terms immediately upon booking a Job.
When You book Your Job, CMV will begin providing services to You immediately by Allocating a Driver to Your Job. This means that CMV has undertaken work for You during the 14 day cooling off period. This means that You lose Your right to cancel this contract without charge immediately upon entering into the contract. Your agreement to these Customer Terms confirms that You waive Your right to the 14 day cooling off period.
We manage the booking of the Job for You with the Driver. The Driver’s services do not commence until the day of your Job booking.
You can cancel Your booking but You might have to pay a Cancellation Fee.
Your agreement to these Consumer Terms confirms Your agreement to the Cancellation Fees.
WHEN WE AND/OR THE DRIVER MAY CANCEL A JOB
We may cancel Your booking if Our Platform is unable to match Your Job to a prospective Driver before the Job is due to start. In these circumstances, we will:
Inform You by email as soon as possible; and
Release any pre-authorised funds which have been secured for the Price of the Job via Your Payment Card.
If no Drivers can carry out Your Job the Platform may be unable to accept a booking for Your required Job. In this circumstance, no payment will be taken from You for the Price.
We may cancel Your Job if You make changes to the Job after the Job has been booked and We are unable to match Your Job to a Driver that can fulfil Your new requirements. In this circumstance You will be charged the Cancellation Fees in accordance with clause 9.
If You provide information that is not true and/or accurate the Driver may:
not be able to find You;
arrive at the wrong time;
not have been able to price the Job correctly; or
not have the right sized vehicle or equipment to complete your Job.
A Driver has the right to refuse to complete a Job if:
You ask the Driver to change the delivery location or make a delivery to multiple locations not specified in the Job. Any stops during the move must be booked in advance via the booking platform;
You ask the Driver to collect Items from a collection location that You have not been given access to e.g. there is a gate code or key and You have not been given it;
You ask to require a Driver to park Your vehicle without paying for parking and You have not provided the Driver with a parking permit;
You ask or require a Driver to park too far away from a collection or delivery location and the Driver cannot move Items safely;
You are not ready at the collection location when the Driver arrives; or
You make threats against the Driver including the threat to give a Negative CSAT Review or other negative feedback if the Driver refuses to provide a service not specified in the Job.
In each circumstance set out in clauses 12.4 and 12.5 We will charge You up to 100% of the Price and You will need to book a new Job.
There may be other instances when We will charge you the full Price if the Driver is justified in refusing to complete the Job due to something You have done or have not done.
If a Driver is charged a parking penalty to complete Your Job this will be charged to You in addition to the Price. Drivers do not carry cash to pay for parking meters or similar.
If a Driver is not able to complete Your Job because You have not made the necessary arrangements at the delivery location then the Driver will return Your Items to the collection location and You will be charged 100% of the Price.
Appendix 3 to these Customer Terms sets out details of how to pack certain Items and what to do if You are unsure. You should read this in full before the day of the Job to avoid a Driver being unable to complete the Job and You being charged a Cancellation Fee.
If We become aware of any abusive or unreasonable behaviour by You or anyone connected to You towards a Driver or Our staff, then We reserve the right to terminate Your Job with immediate effect, suspend Your access to Our Platform and charge You 100% of the Price.
DRIVER DELIVERY SERVICES
We are not involved in carrying out any collection or delivery service and do not provide any transport or delivery services.
Drivers are not Our employees and We are not responsible for the Driver Delivery Services they provide, nor for any loss or damage they cause.
Once You have booked a Job and a Driver has been Allocated to Your booking, We will continue to provide You with access to the CMV Platform in order to monitor and manage Your booking.
Whilst the price of the Job is negotiated through the booking process on Our Platform, You and the Driver will be parties to a separate contract in relation to the Driver Delivery Service known as the Driver Terms.
We will not be a party to the Driver Terms.
The Driver Terms will be entered into between You and the Driver in accordance to clause5 where You are using the CMV Platform.
If You use Our Platform for multiple Jobs You may enter into several contracts with different Drivers on the Drivers Terms. The Driver Terms may be updated from time to time so You should ensure You are familiar with the latest version when You book Your Job which will be made available in Appendix 1.
Each Driver is solely responsible for carrying out Your Job. The Driver who carries out Your Job may also be providing similar services for other CMV customers and cannot guarantee that they will take a particular route between the collection and delivery locations.
If Your Items are lost or damaged during transit You may contact Us after the Job has completed so that We may investigate in accordance with Our Dispute Resolution Policy available in Appendix 4.
We recommend that You take photos of the Items before transit so that any damage can be evidenced after the event.
We are not liable for the actions of a Driver or any loss or damage caused to Your Items by a Driver, but We may assist with resolving any dispute between You and the Driver. Our assistance will in no circumstances constitute an acceptance of liability by Us for the actions of a Driver or any lost or damaged Items.
COMPLAINTS
If a service provided by Us (note that We only provide You with the Platform) is not carried out with reasonable care and skill, You can ask Us to repeat the service or to fix it, or you may request a full or partial refund if We cannot fix it.
This is a summary of some of Your key rights. They are in addition to Your cancellation rights set out in clause 11 above. For more detailed information on Your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
If You believe that Our Platform is faulty or misdescribed, please contact Us as soon as reasonably possible.
If You have a complaint about Our Platform and/or the service that We provide, We will do Our best to help You resolve it.
You can contact Us by email at: escalations@comparethemanandvan.co.uk
We will only agree to assist with a complaint or dispute between You and a Driver made after Your Job is completed and in accordance with Our Dispute Resolution Policy [Appendix 4].
OTHER IMPORTANT TERMS
Our Platform is designed for use in the United Kingdom for personal or business customers, and access to Our Platform by You from any other jurisdiction other than the UK is entirely at Your own risk.
We take no responsibility for any third party links which may appear on Our Platform or Our websites. Such links may appear for Your information only and We have no control over the content of such third party sites.
CMV is the owner and/or licensee of all intellectual property rights in the CMV Platform. You shall obtain no rights in respect of that intellectual property when You use Our Platform. You must not use any material contained on Our Platform for Your own commercial purposes.
If You telephone Us, We may record the call for training purposes and We may use any such recording in the event of dispute between You and Us or if We need to help resolve a dispute between You and the Driver in accordance with Our Dispute Resolution Policy.
Nothing in these Customer Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between You and Us.
You are not allowed to transfer Your rights or obligations under these Customer Terms to anyone without Our prior written consent. We may transfer Our rights and obligations under these Customer Terms to another business without Your consent, but We will notify You of the transfer and make sure that Your rights are not adversely affected as a result.
If any provision of these Customer Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Customer Terms will not be affected.
If You breach these Customer Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Customer Terms.
These Customer Terms represent the entire agreement between Us and You and replace any terms and conditions of purchase or supply that You have been provided with previously.
These Customer Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
OUR LIABILITY TO YOU
We are only responsible to You for the Platform.
We collect fees from You (included in the Price) for the Driver but We are not responsible for:
the actions of the Driver during the completion of Your Job,
any delay in performing the Job, or
any damage or loss of the Items.
Nothing in these Customer Terms shall limit or exclude Our liability to You for matters where it would be unlawful to do so. This includes 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.
If We fail to comply with these Customer Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Customer Terms.
We are not liable for business losses under these Customer Terms and these Customer Terms are only applicable where You are seeking a Driver for domestic and private transportation.
Although We are not responsible for the completion of Your Job by a Driver and/or any services provided to You by a Driver and or for a breach of contract by the Driver, as a gesture of goodwill We will always try to help. If something goes wrong with Your Job, then We will try to resolve the problem in line with Our Dispute Resolution Policy. You can contact Us via the Platform.
WHICH COUNTRY’S LAWS APPLY?
These Customer Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Customer Terms.
YOUR FEEDBACK
For each Job You can rate Your Driver by leaving feedback using Our Platform or a link that We send You.
The best way to handle any dissatisfaction with Us or Our Platform is to contact Us in the first instance, prior to leaving negative feedback on Our website or any third party website, as We will always attempt to resolve the matter with You directly and welcome the opportunity to put things right.
Feedback is important to Us and all the Drivers who provide Driver Delivery Services. Feedback helps improve the service offered but only works if it is honest and given in good faith. If We determine that You asked a Driver to do something not listed in Your Job booking (e.g. move a few extra Items); or You threatened a Driver with negative feedback to get a service not listed in Your Job booking (e.g. to move something to a different drop off address) We will: (i) terminate Your Platform account; (ii) remove the feedback; and/or (iii) in the case of a third-party review website, request the feedback be removed from their service.
DRIVER TO CUSTOMER TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS (the “Driver Terms”) CAREFULLY BEFORE BOOKING OR ACCEPTING A JOB VIA THE CMV PLATFORM. THESE DRIVER TERMS AND CONDITIONS SHALL APPLY BETWEEN CUSTOMER AND DRIVERS (BUT NOT CMV).
DEFINITIONS USED IN THESE DRIVER TERMS AND CONDITIONS
Throughout these Driver Terms and Conditions various defined terms are used. These defined terms are set out below for ease of reference:
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Allocate / Allocated |
means that a Driver has been offered and has accepted a Job via the Platform(s) and CMV has allocated that Job to that Driver |
|
CMV |
means CMVGP LTD registered in England and Wales under company number 15614061 and have our registered offices at 2nd Floor Skyways Hub, Speke Road, Speke, Liverpool, United Kingdom, L70 1AB with VAT number GB 464 7746 51. We own the CMV platform. |
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CMV Platform |
means the platform available at https://www.comparethemanandvan.co.uk/ |
|
Customer |
means the individual who uses the CMV Platform to book a Job |
|
Customer Terms |
means the terms and conditions in place between CMV and the Customer in relation to the Customer’s use of the CMV Platform |
|
Job |
means the collection and delivery of items by the Driver that Customer books via the CMV Platform |
|
Price |
means the cost of the Job, as specified via the Platform |
|
Driver |
means the driver who the Customer has booked via the CMV Platform to complete the Job |
THE PARTIES AND THE CONTRACT
Customers can use the Platforms to book Jobs. If a Driver wants to accept a Job (which is at the Driver’s sole discretion), they will do so via the Platform.
The identity of the Driver who will perform the Job will be provided to the Customer via the CMV Platform when the Customer selects the Driver that it wishes to complete the Job and this contract will come into effect between the Customer and the Driver when the Customer books the Job.
The contract between the Customer and the Driver will include the terms set out in these Driver Terms.
Customer can contact the Driver through the Platform that the Customer has used to book the Driver.
If the Driver has to contact the Customer, the Driver will do so by telephone or via the relevant Platform.
THE JOB
Subject to these Driver Terms and Conditions, the Driver will collect and deliver the Items as requested by the Customer via the CMV Platform.
Once the Driver has started the Job, the Driver may reject any request by the Customer to amend the Job.
The Driver will provide the Driver Delivery Service to the Customer with reasonable skill and care and in accordance with the booking for the Job that has been made via the relevant Platform.
The Driver may also be carrying out similar services for other customers and so cannot guarantee that they will take a particular route between the collection and delivery locations specified for a Job.
If the Driver is not able to collect or deliver a Job’s items by the time set out on the CMV Platform, the Driver will notify the Customer of the revised collection or delivery time as soon as possible.
Drivers do not perform Jobs outside the United Kingdom.
The Customer must:
be at the collection address set out in the Job request with the items ready to be loaded onto the Driver’s vehicle at least 15 minutes before the time the Driver is scheduled to arrive;
arrange access for the Driver at the collection and delivery locations set out in the Job;
arrange for all parking permissions at the collection and delivery locations set out in the Job, including paying any fees required for parking the Driver’s vehicle so the Job can be completed without the Driver being given a parking fine. The Driver may refuse to complete the Job if they are required to park at risk of receiving a parking fine or, in the Driver’s reasonable opinion, an unsafe distance away from the collection address;
if it has booked a Driver to move goods to a municipal waste centre, confirm with that municipal waste facility whether the Driver requires any permit to gain access and complete the Job. This may include informing the local authority of the size of the van being used and the nature of the items being disposed of. If any such permit is required the Customer must obtain it at its own expense;
read and comply with “Good Moves” which is available at Appendix 3 of the Customer Terms; and
behave and ensure that any other person connected with you behaves in a way that is not abusive or threatening towards the Driver;
not seek to use a Driver to transport any illegal Item(s).
COLLECTION
The Customer must package the Items in accordance with the Good Moves advice provided by CMV as set out in Appendix 3 of the Customer Terms. The packaging must also be sufficient to hold the Item’s weight. All Items must be able to withstand a short drop, unless clearly marked as fragile.
It is the Customer’s responsibility to ensure that all the details are correctly completed and displayed on the Item(s), which should match the details provided via the relevant Platform. It is not the Driver’s responsibility to check this information.
The Driver will assume that Item(s) have been correctly packaged and will exercise an appropriate level of skill and care based on this assumption. Any claim resulting from Item(s) which has not been packaged to a reasonable standard and in line with the above requirements may be declined.
Customers must ensure the correct Item(s) is given to the Driver and the Customer may be required to load the Item(s) into the Driver’s vehicle depending on the service which has been purchased by the Customer.
The Driver has the right to refuse to collect Item(s) in circumstances where it is reasonable to do so. This includes but is not limited to the Item(s) not being packaged, the packaging being insufficient, or the Item(s) not complying with the information provided by the Customer via the CMV Platform. In such circumstances the Customer may be charged in full in accordance with the Customer Terms.
The Driver will be able to identify themselves to the Customer when they arrive to collect the Item(s) as they will have the details of the Job on their device. The Driver accepts no liability for loss of or damage to Item(s) as a result of Item(s) being given to anyone other than the Driver.
If the Driver is unable to collect the Item(s) within the Customer’s chosen timeslot by reason of the Customer’s act or omission, then the Customer may be charged in full in accordance with the Customer Terms. Any redelivery of the Item(s) will require a new Job, for which the Customer will be charged in full.
If the Driver does not collect the Item(s) within the Customer’s chosen timeslot, other than by reason of the Customer’s act or omission, the Customer must CMV within 2 hours of the anticipated collection time. In the event that the Driver is unable to collect, the Customer will not be charged (or if already paid, receive a refund).
DELIVERY
The Driver will endeavour to notify the Customer by email, text and/or phone call if there are any issues with delivery.
The Driver will call/ email/ text the Customer if the method of delivery is not possible when they arrive at the delivery location. After making reasonable attempts to deliver, the Driver shall return any unsuccessfully delivered Item(s) to the collection location. As this requires the Driver to travel twice the distance, no refund will be given.
The Driver shall ensure that the receiver signs for the Item(s) upon delivery, indicating whether the Item is undamaged, damaged or unchecked. This will be logged by the Driver.
Where the Customer requests delivery where no person will be able to sign for the Item(s) (such as leaving the Item(s) at an unmanned address) and the Driver accepts this request, the Driver shall not be liable for any claims that the Driver was not delivered where the Driver has confirmed in real time that the Item was delivered.
CUSTOMER CHANGES TO THE BOOKING
The Customer may make changes to the Job booking up to 17:00 hours on the day before the Job is scheduled to start by using the link in the confirmation email CMV sent to the Customer.
If the Customer cannot make the changes through the link then the Customer should use the online chat at available via the relevant Platform.
CMV will try to make the requested changes as set out in the Customer Terms and the Customer should refer to the Customer terms for the consequences of any change requests that the Customer may make.
WHEN A CUSTOMER MAY CANCEL A JOB
The Customer may cancel a Job in accordance with the Customer Terms, however the Cancellation Fees (as set out in the Customer Terms) may be payable.
COMPLAINTS
The parties should comply with the Dispute Resolution Policy as set out at Appendix 4 to these Terms.
CHARGES AND PAYMENT
Payment for Jobs will be paid by the Customer and collected by CMV via the relevant Platform in accordance with the Customer Terms and will be remitted to the Driver in accordance with the Driver Terms.
If the Customer is using the CMV Platform no payment will be made directly by or on behalf of the Customer to the Driver nor shall any payment be accepted by or on behalf of the Driver from the Customer.
THE DRIVER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE CUSTOMER
In the event of loss or damage to the Customer’s items, both the Customer and the Driver shall comply with clause 6.
The Driver shall be liable to the Customer for direct loss up to a maximum of the equivalent of the charges paid in relation to the relevant Job.
The Driver shall not be liable for losses that result directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event:
war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, riot, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power;
terrorism, which is defined as any act or acts including but not limited to the use or threat of force or violence or harm or damage to life or property (or the threat of such harm or damage) including but not limited to harm or damage by nuclear, chemical, biological or radioactive means, caused or occasioned by any person or group of persons, or so claimed, in whole or in part for political, religious, ideological or similar purposes; or
any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.
Nothing in these terms shall limit or exclude the Driver’s liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other loss which cannot be limited or excluded by law.
WHICH COUNTRY’S LAWS APPLY?
These Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Terms.
OTHER IMPORTANT TERMS
The Platform is designed for use in the United Kingdom for personal or business customers, and access to our Platform by you from any other jurisdiction other than the UK is entirely at your own risk.
Nothing in these Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between the Customer, the Driver and/or CMV.
Neither the Customer or the Driver are allowed to transfer your rights or obligations under these terms to anyone.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
If either party breaches these terms and the non-breaching party takes no action, the non-breaching party will still be entitled to use its rights and remedies in any other situation where there is a further breach of these terms.
These Driver Terms represents the entire agreement between the Customer and the Driver and replace any terms and conditions of purchase or supply that you have been provided with previously.
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
We have set out below examples of where Extra Fees may be added to the Price. Some of these fees will be added automatically to Your total bill and set out in the receipt We send You. Other fees must be paid by You on the day of (and in good time for) Your Job.
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Fee |
How do I pay |
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Congestion or Emission Zone charges and tolls |
If We cannot include these in the Price and the Driver has to pay the same to complete Your Job, We will charge the cost to You after the Job has been completed. |
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Parking Fees |
You need to pay these on the day of Your Job, at the collection and delivery location. If the Driver incurs any penalty for parking near the collection or delivery location, We will charge You the cost of the penalty charge. |
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Ferry Crossing |
If We cannot include it in the Price and the Driver has to use a ferry service to complete Your Job, We will charge You the cost of the ferry to and from Your destination in addition to the Price. |
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Eurostar |
If We cannot include it in the Price and the Driver has to use the Eurostar service to complete Your Job, We will charge You the cost of the train ticket to and from Your destination in addition to the Price. |
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Overseas travel |
If Your Job includes moving from one country to another, We may add extra charges to the Price if We cannot include them when We initially provide the Price to You. These charges may include toll roads, bridges or similar charges imposed by local authorities in jurisdictions outside the UK. |
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Storage |
If a Driver cannot complete Your Job because of something that is in Your control (e.g. not being at the delivery location, providing an incorrect delivery location or not giving a Driver an access code) the Driver may keep the Item(s) for as long as necessary to complete Your Job or return the Item(s) to the collection location. If this happens, We may charge You for the storage and/or return of, or extra time to deliver, the Item(s) and the cost of the Driver securing the Item(s) until delivery can be made. |
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Municipal Waste Fees |
If Your Job includes delivery of Item(s) to a municipal waste or recycling facility, We may add the cost of any licence fee required if the Item(s) constitute commercial waste. |
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Debt collection costs |
If, on completion of the Job, We are unable to debit Your Payment Card due to Your actions (e.g. freezing a debit/credit card) We will try to collect the Price and any Extra Fees. We may instruct a third-party to collect the debt owed to Us and We reserve the right to claim for Our costs of recovery using a third-party debt collection agent or through the courts. |
Packing Your Items
You must use Your best efforts to pack Item(s) relevant to the Job You have booked so that it or each can be transported safely without damage to the Item(s) or injury to the person moving the Item(s). It is Your responsibility to pack everything before the date of Your Job.
If You are not sure how to pack something correctly then You can find video guides on the internet as well as articles to help You or ask Us using the Chat function on our website at www.comparethemanandvan.co.uk
Be prepared
You should be at the address for Your Job with Your Item(s) ready to go at the time agreed for Your Job. If You are not, Your Driver may cancel Your Job. You will still be charged by Us 100% of the Price.
If a Driver arrives and Your Item(s) is or are not ready to be loaded onto the Driver’s vehicle the Driver may wait for up to 20 minutes (but does not have to) but after that will leave without Your Item(s) and You will be charged 100% of Your Moving Fee. Your Job may be one of several the Driver is completing that day and so the Driver cannot always wait for Your Item(s) to be prepared for move.
We recommend that You take a photo of each Item included in Your Job before it is moved so that You can easily show Us if an Item was damaged in transit.
Special items
Every Job is important to Us and some Items need extra care and attention, or Your Driver may not be able to complete Your Job. If any of the following Items described in this Appendix are included in Your Job, then You agree to terms set out below.
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Item |
Packing/Moving requirements |
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The weird, wonderful and fragile |
We get asked to arrange Drivers to move a wide range of Items but there are some things Drivers will not move including anything illegal, certain animals or hazardous materials. If You have Items You want to move but that You did not tell Us about when You booked Your Job then We do not guarantee that the Driver will take these Items. If You are in doubt then contact Us using the Instant Support functions on Our Platform before You book Your Job. If We do not list an Item on Our Platform, it is very likely the Driver will refuse to take it. |
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Dismantled is the only way to move |
If You need to move an Item that can be disassembled, then You must disassemble it and secure the Item for transport before Your Driver arrives. This would include for example: a shed, playhouse, an aviary, garden furniture, pet cages, or outdoor play equipment. It can be helpful to keep all the screws in one bag and tape this to the furniture so You can reassemble it at Your destination. Our Drivers only carry very basic tools, but they are not booked to disassemble or reassemble any Items, and this will need to be done by You |
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Piano |
You must tell Us if You want to include a Piano in Your Job and You must secure the piano for transport before the Driver arrives to collect it. |
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Flat Pack Furniture |
Flat Pack Furniture of any kind should not be disassembled as this can weaken the Item and cause damage during transport. Neither CMV nor Your Driver accept liability for damage to Flat Pack Furniture and Your Driver will not disassemble or reassemble any Item including Flat Pack Furniture. |
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Flat Screen TVs |
These must be removed from any wall mount before the Driver arrives and wrapped in a blanket (supplied by the Driver) for transit. A Driver may refuse a Job if a Television has not been removed from a wall mount unless this was specified in the original booking for the Job. |
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Fridges and Freezers (not American – see below) |
You need to remove any kitchen cabinet casing and You must defrost Your Fridge or Freezer (or combination of the two) before You try to move it. You may also need to disconnect it from the electricity (or just unplug it). Defrosting it can take up to 24 hours, so You need to do this well before the day of Your Job booking. If You have not defrosted Your Item(s) and removed all the contents, then Your Driver can refuse to move it. After a Fridge or Freezer is delivered and put in its permanent place, We suggest it is left for 24 hours to settle before it is powered back on. |
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American Style Fridge Freezers |
These Items must be explicitly listed in Your Job as they are non-standard size. A Driver can refuse to move this Item if the Job does not explicitly include it in the inventory. The Item should be defrosted, disconnected and unplumbed in the same way as a standard fridge freezer and once moved allowed to settle for 24 hours before being powered on. |
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Washing Machine |
You need to remove any kitchen cabinet casing, You must empty the machine of any washing or other Items, and You must disconnect the machine from the mains water, electricity and any drainage. This needs to be done before the Driver’s scheduled arrival time. |
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Dishwasher |
You need to remove any kitchen cabinet casing and You must empty the machine and You must disconnect it from the mains water and electricity. This needs to be done before the Driver’s scheduled arrival time. |
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Items worth over £300.00 |
If any individual Item to be moved in Your Job is worth more than £300.00 You will appropriately insure that/those Item(s) against loss or damage as Our liability and the Driver’s liability to You is capped. |
Parking, loading and unloading
If any of the circumstances set out below apply to Your job, then You agree to the terms set out below.
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Restricted Parking |
You must arrange for suitable parking arrangements for the Driver to park, load and unload Your Item(s). You must also pay for any parking permits or pay and display tickets the Driver will need to complete Your Job. These include, but are not limited to, suspended bays, parking permits, width restrictions and parking distances from Your premises. If the Driver has to pay for any parking related costs directly linked to Your Job, then Your Payment Card will be charged the amount of the parking costs incurred in addition to the Moving Fee. |
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Access to the pickup/drop off address |
You must make sure the Driver and vehicle has safe and easy access to the pick-up and drop-off addresses. If You have any special instructions the Driver can use in order to access these locations, You must tell Us beforehand. You can do this in the booking screen or immediately after completing a booking by emailing Us at: escalations@comparethemanandvan.co.uk |
THIS DISPUTE RESOLUTION POLICY SHALL APPLY BETWEEN CMV, CUSTOMERS AND (ALL AS DEFINED IN THE CUSTOMER TERMS). THIS POLICY SETS OUT HOW CMV WILL HANDLE DISPUTES RAISED BY CUSTOMERS OR DRIVERS AND HOW CUSTOMERS AND CMV DRIVERS ARE EXPECTED TO RESPOND TO SUCH DISPUTES.
CMV’S OBLIGATIONS
CMV provides a procedure for resolving disputes between Customers and Drivers and will use its reasonable endeavours to mediate any dispute between the Customer and the Driver where such dispute is submitted to CMV via the Disputes Procedure, and all parties comply with the terms set out in this Dispute Resolution Procedure.
In accordance with the Customer Terms and the Driver Terms, CMV is not liable to the Customer for any failure by the Driver to undertake the Driver Delivery Services as anticipated or at all.
CMV provides assistance to the Customer and the Driver on a non-contractual basis in an effort to ensure that Customers are able to have any complaints heard in a fair manner. CMV is however not obliged to engage in any dispute resolution process with a Customer who has been or is suspected of being abusive towards a Driver or any member of staff or agent acting on behalf of CMV.
CUSTOMER’S OBLIGATIONS
Once the Driver has departed following delivery of the Items, or in the event that the Driver does not deliver the Items or has not been able to find the Items in accordance with clause 4 below, the Customer shall submit all enquiries relating to loss or damage to CMV and not to the Driver. Failure to comply with this requirement may cause a delay in the resolution of any dispute.
DAMAGED ITEMS
In the event of damage to Item(s), if the Customer wants CMV to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must:
Retain the Item(s) in the condition in which the Item(s) were received from the Driver;
If possible, take pictures of the Item(s) in the condition in which they were received from the Driver;
Inform CMV via Instant Support on the relevant Platform within 24 hours of receipt of the Item(s) of the condition of the Item(s) on receipt from the Driver and include photographic evidence if it is available; and
Inform CMV of any circumstances which the Customer believes may have led to the damage to the Item(s).
LOST ITEMS
In the event of non-delivery of Item(s), if the Customer wants CMV to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must:
contact CMV via Instant Support within twenty-four (24) hours of the expected delivery date as set out on the Platform (“Expected Delivery Date”), to notify CMV of the Driver’s failure to deliver;
provide to CMV proof that the Driver has collected the Item(s) from collection location; and
permit CMV a reasonable amount of time to engage with the Driver to search for and locate the lost item.
INFORMATION TO BE PROVIDED
In addition to the information set out in clauses 3 and 4 above, both the Driver and the Customer shall provide all other information requested by CMV to assist with its assessment of a dispute within 2 days of receipt of CMV’s request.
If the information requested is not received within the above timescales, CMV may refuse to mediate the dispute.
CMV may also ask for an estimate of repair costs for damaged Item(s), or confirmation that Item(s) cannot be repaired, to be supplied by a specialist in the relevant type of repairs.
WHAT WILL CMV DO?
CMV will use reasonable efforts to investigate the complaint and find a solution that is fair to both the Customer and the Driver.
REMEDIES
CMV shall retain all charges paid by the Customer to CMV in respect of the delivery of the relevant Item(s) throughout the period of any dispute process and until the period for contesting a decision, as set out below, has passed.
In the event that the dispute is not resolved via the Disputes Procedure, the Customer and the Driver shall make alternative arrangements for the resolution of the dispute.
If the Customer or the Driver wishes to contest any decision made via the Disputes Procedure, they must write to CMV at escalations@comparethemanandvan.co.uk within seven (7) days from the date of the decision.
CMV does not accept any liability in respect of the Disputes Procedure, including any failure of the procedure to resolve the dispute.
