Transport Agreement

This transport agreement (the Transport Agreement) applies to every Order arranged between the Client and the Carrier through www.brenger.nl (the Website).

There are two parties to this Transport Agreement: persons who use the Website to place an order for the carriage of goods (the Clients) and persons who use the Website to respond to orders for the carriage of goods (the Carriers).

The ‘Order’ (i.e. the carriage of one or more objects) placed by the Client with the Carrier is concluded as soon as the Client has paid in advance through the Website and the Carrier has indicated that he or she wishes to carry out the Order that has been placed. As soon as the Client has paid through the Website and as soon as the Carrier has stated that he or she wishes to carry out an order as Carrier, the two parties agree that this Transport Contract will apply to the Order.

Article 1 – General

This Transport Agreement applies solely to the specific Order that is accepted by the Client and the Carrier (the Parties). The Order concerns the carriage of one or more objects (the Product).

This Transport Agreement is presented to the Client and the Carrier for their approval before the Order is concluded. Brenger will send the Transport Agreement to the Carrier or the Client without charge at their request. The Transport Agreement is also available on www.brenger.nl. If the Client or the Carrier does not agree with the Transport Agreement, the Order cannot be concluded through the Website. Should an Order nevertheless be concluded outside the Website, then the Website will not be liable for any damage to the Product or for other complaints.

If any part of this Transport Agreement is void or voidable, this will not affect the validity of the remainder of the Transport Agreement. The void or voided part will be replaced by a provision that aligns as far as possible with the content of the provision that is void.

This Transport Agreement concerns an agreement relating to the carriage of goods within the meaning of Section 20 et seq. of Book 8 of the Dutch Civil Code. The Client and the Carrier wish only to conclude a contract with each other based on this contract relating to the carriage of goods.

The Client and the Carrier expressly do not intend to enter into an employment contract within the meaning of Section 610 et seq. of Book 7 of the Dutch Civil Code.

The Client and the Carrier choose to exclude the fictitious employment of homeworkers or persons treated as such[1], as the case may be, and to that end to draw up and sign this Transport Agreement before payment takes place.

Brenger is not a party to the Transport Agreement between Carrier and Client. Brenger merely provides the platform and facilitates the contact between Carrier and Client, so that they can enter into a Transport Agreement. The Carrier himself or herself decides whether to enter into the Transport Agreement with the Client.

Brenger is not responsible for the agreements or fulfilment of the agreements between the Carrier and the Client. If a conflict arises between the Carrier and the Client, they themselves will have to resolve that conflict. Although under no obligation to do so, Brenger is prepared to act as mediator and is happy to help resolve a conflict.

Brenger’s general terms and conditions for Carriers (the Carrier Terms and Conditions) and its general terms and conditions for Clients (the Client Terms and Conditions) apply to this Transport Agreement. The Terms and Conditions are provided to Carriers and Clients and accepted by them when they pay for the Order placed or create an account on the Website.

Client and Carrier can make supplementary agreements with each other regarding the execution of the Order. Supplementary agreements are only binding if they do not conflict with the provisions in this Transport Agreement or in the Terms and Conditions.

[1] As referred to in Articles 2b and 2c of the 1965 Wage Tax (Implementation) Decree [Uitvoeringsbesluit Loonbelasting 1965] and Articles 1 and 5 of the Identification of Employment Relationship as Employment Decree [Besluit Aanwijzing Gevallen waarin Arbeidsverhouding als Dienstbetrekking wordt Beschouwd] (Decree of 24 December 1986, Bulletin of Acts and Decrees 1986, 655).

Article 2 – Rights and obligations of the Client

The Client is responsible for providing the Carrier with correct and complete information about the Order in a timely fashion.

If the situation for collection differs from that indicated by the Client in the Order placed, and is not by the front door on the ground floor, the Carrier has the right not to take the Product. If the Carrier does not collect the Product for this reason, payment will take place as described in Article 6.2 of the Carrier Terms and Conditions, and Article 6.1 of the Client Terms and Conditions. The Carrier should telephone Brenger before leaving the collection location.

If neither the contact person for the delivery address nor the Client confirms that the Product has arrived within 24 hours after the agreed delivery time, the Carrier will be paid as described in Article 6.12 of the Carrier Terms and Conditions, and Article 6.4 of the Client Terms and Conditions.

The contact person for the delivery address or the Client can state within 24 hours after confirmation of delivery by the Carrier that the Product has not been delivered. In that case, Article 6.5 of the Client Terms and Conditions applies.

The Client may cancel the Order up to 48 hours before the agreed collection time. In that case, the Carrier will not receive any payment and the Client will receive a refund as described in Article 6.8 of the Carrier Terms and Conditions, and Article 6.6 of the Client Terms and Conditions. In the case of a cancellation within 48 hours before the agreed collection time, the Carrier and the Client are entitled to refunds as described in Article 6.7 of the Carrier Terms and Conditions, and Article 6.9 of the Client Terms and Conditions.

If the Carrier cancels the Order prior to 48 hours before the collection time, the Client will be refunded the full amount.

The Client guarantees that the contact person for the collection address will be present at the collection address between the agreed collection time and 15 minutes thereafter. If the contact person for the collection address is not present between the agreed collection time and 15 minutes thereafter, the Carrier has the right not to take the Product. However, the Carrier is obliged to telephone the contact person for the collection address at least twice if no one is there, and then telephone Brenger before driving off. In that case, payment will be made as described in Article 6.3 of the Carrier Terms and Conditions, and Article 6.2 of the Client Terms and Conditions.

Article 3 – Rights and obligations of the Carrier

By accepting the Order, the Carrier accepts full responsibility for the proper execution of the Order.

The Carrier organises his or her work independently and is completely independent in carrying out the Order. The Carrier executes the Order at his or her discretion and without supervision or management by the Client. The Client can make suggestions and give instructions with respect to the result of the Order.

The Client explicitly agrees that the Carrier can also do work or carry out Orders for other Clients.

The Carrier will transport the Product within the agreed time period and without unnecessary delay.

The Carrier will deliver the Product in the same condition as that in which it took delivery of the Product at the collection address.

If at the time that the Carrier is due to transport the Product, he or she has still not received correct and complete information from the Client regarding the Order, the Carrier has the right to cancel the Order.

The Client guarantees that the contact person for the collection address will be present at the collection address between the agreed collection time and 15 minutes thereafter. If the contact person for the collection address is not present between the agreed collection time and 15 minutes thereafter, the Carrier has the right not to take the Product. However, the Carrier is obliged to telephone the contact person for the collection address at least twice if no one is there, and then telephone Brenger before driving off. In that case, payment will be made as described in Article 6.3 of the Carrier Terms and Conditions, and Article 6.2 of the Client Terms and Conditions.

If the Carrier arrives at the collection or delivery address outside the delivery time window stated and did not inform the Client of this beforehand, the extra amount paid by the Client for specific time windows can be deducted from the Carrier’s remuneration. This amount will then be refunded to the Client.

If the Carrier has a reasonable suspicion that the Product consists of one or more illegal goods, such as weapons, drugs, etc., and/or goods that may pose a danger to persons or property, the Carrier has the right not to take the Product. The Carrier makes this decision at his or her discretion, without supervision or management by Brenger. In such a case, the Carrier can contact Brenger for a non-binding consultation. In this case, payment will be made in the same way as in the case of a cancellation within 48 hours before the collection time, as described in Article 6.7 of the Carrier Terms and Conditions, and Article 6.7 of the Client Terms and Conditions.

If the contact person for the delivery address is not at the delivery address, the Carrier must, after consulting with the Client by telephone (if there is no answer, the Carrier should call the Client at least twice more), deliver the Product to a neighbour or another person living nearby, and telephone Brenger immediately to inform them. If this alternative delivery does not succeed either, the Carrier must also telephone Brenger immediately. If the Carrier leaves the Product behind without contacting the Client or Brenger, the Carrier is responsible for any damage resulting from the theft or misappropriation of the Product.

If, due to force majeure, the Carrier is unable to deliver the Product within 24 hours after the collection time, he or she should report this to the Client and Brenger without delay and state when the Product can be delivered. If delivery becomes permanently impossible, the Carrier must again contact Brenger.

If the Carrier has collected the Product from the collection address, but has not delivered it within 24 hours after the agreed collection time and has not contacted the Client in the meantime, Brenger will investigate the situation, as described in Article 6.11 of the Carrier Terms and Conditions and Article 6.5 of the Client Terms and Conditions. In the event of theft or misappropriation of the Product, the insurance conditions as described in Article 4.5 apply.

Once the Product has been delivered by the Carrier and receipt has been confirmed by the Client (or has been tacitly accepted 24 hours after confirmation of delivery by the Carrier), the agreed payment will be transferred to the Carrier, as described in Article 6.3 of the Carrier Terms and Conditions and Article 6.4 of the Client Terms and Conditions.

In the event of damage to the Product, the damage will be recovered from the Carrier, in accordance with the conditions described in Article 7.1 below.

Article 4 – Goods Transport Insurance

As a standard, any Product that is transported through a contract concluded on the Website is insured against theft, misappropriation, loss and/or damage up to a value of €500,- including VAT, with the exclusions listed in Article 4.5 below. The premium for this standard insurance is included in the fee for Brenger.

The insurance referred to in Article 4.1 above provides cover during the transport period from front door (collection address) to front door (delivery address).

Only movable goods that belong to a private household, including goods destined for trade and professional use, are covered by the insurance.

Damage has to be reported within 48 hours of the delivery time indicated by the Carrier, through the Damage Form or an email sent to Info@brenger.nl.

In addition to the exclusions in the insurance conditions, the following are also not covered:

• Damage to the Product that occurs indoors when the carrier lifts or helps lift the items at the pickup or delivery address;
• Damage to glass, mirrors, stone, computers, pianos, trailers, printers, foodstuffs, plants, animals, money and money-like paper, personal jewelry, art, and antiques/antiquities;
• Damage to a Product that is larger than 400x180x160 cm;
• Damage to a Product that, in total, weighs more than 200 kg in a single order;
• Damage to anything other than the Product, such as the house or garden;
• The carrier is not liable for damage to the Product that could not reasonably have been detected at the pickup address, for example, internal damage that is not visible on the outside of the Product.

Any theft or misappropriation of a Product should be reported to the police and the Client should send the police report form to Brenger as part of the procedure for obtaining compensation under the applicable insurance policy.

In the event of damage to the Product, the Client should immediately make a damage claim by filling in the damage form or e-mail and send photos to Brenger (info@brenger.nl) of the damage as established at the delivery address. If the Client signs to confirm receipt in good order, without comment, or confirms delivery in good order on the Website, this creates the assumption that the Product has been properly delivered by the Carrier and the Client has to prove that any damage observed after delivery occurred during the transport period as referred to in Article 4.3.

The payment from any insurance will in any case never exceed the value of the Product during transport, to be proved by the Client, or otherwise the applicable insured sum.

Article 5 – Duration and termination

This Transport Agreement is valid for the duration of the Order arranged between Carrier and Client.

The Order is terminated when receipt of the Product has been confirmed by the Client or has been tacitly accepted 24 hours after confirmation of delivery by the Carrier.

The Client may cancel this Transport Agreement in writing if the Carrier states that he or she can no longer execute the Order at the agreed place or time.

The Client may cancel this Transport Agreement verbally if the Carrier refuses to transport the Product on the basis of Article 3.9 of this Transport Agreement.

Article 6 – Confidentiality

The Carrier and the Client will keep strictly confidential all confidential information that they exchange. ‘Confidential information’ is all information that Parties have indicated as confidential or of which the confidentiality arises from the nature of the information, including the contact details of each Party that the other Party receives through Brenger.

Article 7 – Liability

The Carrier is liable as described in the General Transport Conditions 2002 [Algemene Vervoerscondities 2002].

Nothing in this Transport Agreement will further exclude or limit the liability of the Carrier beyond what is permitted under applicable law.

Article 8 – Disputes

If a dispute arises between Carrier and Client, Dutch law applies. In that case, the District Court of Amsterdam is competent to rule on the dispute.