GENERAL TERMS AND CONDITIONS Version dated [05.12.2024]
1. SUBJECT MATTER 1.0 The provider of the moving services of Movinga is MoveAgain AG.
1.0 The provider of the moving services of Movinga is MoveAgain AG.
1.1 MoveAgain AG, Färberstrasse 3, 8008 Zurich, Switzerland (hereinafter "MoveAgain") operates an online platform for household-related services (hereinafter "Services"), including removals, cleaning, painting work, etc. MoveAgain may offer additional services via the online platform which are connected to the aforementioned services. These may include payment processing or communication between the parties.
1.2 Please read these General Terms and Conditions (hereinafter "GTC") carefully before ordering a service via the online platform. The GTC become an integral part of the respective contractual relationship between you and MoveAgain during the ordering process by selecting the checkbox ["I have read the General Terms and Conditions and agree to them."]. By doing so, you declare your agreement with the following provisions as well as with our Privacy Policy, and you confirm that you are legally entitled to conclude contracts and that you are at least 18 years old.
1.3 If you conclude the contract in the name of a third party, a company, your employer, etc., you hereby declare that you are authorised to represent the respective person, the respective company, your employer, etc., and to conclude legal transactions in their name. MoveAgain may – regardless of any internal regulations or relationships of the respective company and entries in the commercial register and without any further verification of your authorisation – assume that you have the corresponding authority to represent them. Where these GTC refer to "you", "your" or similar, this always also refers to the company, employer, etc. for whom/which you are acting.
1.4 MoveAgain reserves the right to amend the GTC at any time. Any changes and/or adjustments shall become effective upon publication of the new GTC on our website. The applicability of the GTC (relevant point in time) is determined by the selection of the checkbox ["I have read the General Terms and Conditions and agree to them."] in the course of the ordering process.
2. OFFER AND CONCLUSION OF THE CONTRACT 2.1 Based on the data you provide, such as addresses, moving goods, etc., MoveAgain prepares an offer. The offer is sent to you electronically and is valid for a period of 5 working days. You are not obliged to accept the offer. Rejection or non-acceptance of the offer does not result in any obligations or disadvantages.
2.2 The contract and thus the contractual relationship is concluded when you accept the offer from MoveAgain. The offer is accepted by clicking on ["Book now"] on the online platform. Alternatively, the contract can also be concluded by e-mail or by telephone. In the latter case (telephone), the conversation will be recorded after prior notice and with your consent.
2.3 The contract is concluded exclusively between you and MoveAgain. For the provision of the service(s), MoveAgain will engage a third-party company (hereinafter "Partner Company"). No contract is concluded between you and the Partner Company. The remuneration for the agreed and provided service is owed solely to MoveAgain. MoveAgain is your point of contact before, during and after the provision of the service. No payment is owed directly to the Partner Company. Should the Partner Company request this from you, please contact MoveAgain immediately.
2.4 Your data may be forwarded to an average of three moving companies cooperating with MoveAgain for the purpose of creating personalised moving offers and possibly arranging a consultation appointment. MoveAgain will only pass on your data to professional moving companies that have market expertise and are contractually obliged by MoveAgain to treat your data confidentially. For forwarding your request to suitable moving companies, MoveAgain receives a fee.
3. DUTIES/OBLIGATIONS OF THE CUSTOMER 3.1 Information and moving list 3.1.1 You undertake to provide truthful and complete information about all moving goods, the local conditions and the objects to be cleaned. This includes, in particular, the necessary details regarding the place of move-out and move-in, other special circumstances, metre details for walking distances to and from the vehicle, surface areas, number of rooms, number of persons in the household, floor levels, cellar rooms, content of the moving list, lift, etc. If you conceal special circumstances, such as long distances from the front door to the street, surface areas, number of rooms, number of persons in the household, etc., MoveAgain reserves the right to charge you an additional fee for the effort incurred after the service has been provided.
3.1.2 You agree and undertake to provide additional information to MoveAgain if items are to be transported that have a length and/or width and/or depth of more than two metres and/or a weight exceeding 100 kilograms (e.g. marble statue, piano, safe, etc.) and/or require special transport equipment.
3.1.3 You undertake to send a complete moving list to MoveAgain. The moving list must be submitted directly during the ordering and booking process. If the moving list is not requested during the ordering and booking process and/or the input of the moving list is not possible, you must submit the moving list or its completion no later than three days before the agreed date of service provision. This can be done either using the standardised form or by e-mail.
3.1.4 If you withhold the information (Clauses 3.1.1–3.1.3), MoveAgain reserves the right to charge you an appropriate expense allowance after completion of the service. MoveAgain also reserves the right not to transport the corresponding items. The transport of valuables (e.g. jewellery, gold, art, etc.) is not intended and their safety and freedom from damage can never be guaranteed. For the rest, reference is made to the exclusion of transport in Clause 3.5.
3.1.5 If no clear information is possible in certain points and/or special information is required, you must indicate this in the comment field and/or mention it in the personal conversation.
3.2 Preparatory actions for moving goods 3.2.1 You undertake to carry out all necessary preparatory actions in good time to ensure the proper execution of the move, and in particular to ensure proper and transport-appropriate packaging of the moving goods. The packaging must be suitable for the purpose and safe for transportation; the moving goods must be packed so that they can be stacked. Movable, fragile and/or electronic parts must be specially protected. These items must be packed in such a way that they are adequately protected against the forces typically occurring during transport and can be stacked. The Partner Company is not obliged (cf. entire Clause 3.2.1) to check this before transport. The Partner Company may refuse to transport moving goods that are not packed in a suitable and transport-safe manner. Refusal of transport in this case does not constitute a breach of contract. MoveAgain is in no case liable for damage to items that have not been packed in a suitable and transport-safe manner.
3.2.2 You undertake to disassemble plug-in and lightweight furniture, such as IKEA Pax, Billy shelves, etc.
3.2.3 The obligations according to the aforementioned Clauses 3.2.1 and 3.2.2 do not apply if the preparatory actions have been booked as an additional service from MoveAgain via the online platform.
3.3 Preparatory actions, permits and documents 3.3.1 You undertake, if required, to obtain any official permits for no-parking zones for the agreed moving period at the move-in and/or move-out location, unless you have booked the organisation of official permits as an additional service. However, you acknowledge that the granting of official permits is at the sole discretion of the authorities and cannot be guaranteed by MoveAgain.
3.3.2 You undertake to provide MoveAgain with all documents, accompanying papers, permits, licences, customs documents, etc. which are necessary for the transport based on a legal requirement or an official order. MoveAgain has no obligation to obtain or check these documents in advance; this is your responsibility.
3.3.3 You are obliged, in the event of inaccessibility of the loading and/or unloading location, to agree to a chargeable no-parking zone. If you indicate that the loading and/or unloading point is accessible for trucks up to 20 metres and/or can be reached without any problems, and if this is not the case on the day of the move – for example because third parties have parked their vehicles there or other obstacles exist – MoveAgain will charge additional costs resulting from the extra work incurred (flat-rate per time). The additional effort is charged at CHF 50.00 gross per hour and worker of the Partner Company for the duration of loading and unloading. Started hours are charged at CHF 50.00 per worker of the Partner Company. The same applies to lifts which were declared as available but are not available on the day of execution of the order, regardless of the reason. Lifts in which less than 50% of the transport goods fit are regarded as not available within the meaning of the above provisions.
3.4 Obligations on the moving day 3.4.1 You undertake to check that no item and/or fitting is mistakenly taken along or left behind at the loading location.
3.4.2 You undertake to ensure that you are personally present at the loading and unloading location and able to sign any work papers/reports/handover protocols. If you are not present, you must appoint an authorised third party who is entitled to dispatch and/or receive the moving goods, to check them for damage, to accept the services of MoveAgain and to sign the handover protocol and other documents. It is your responsibility to inform your authorised third party of all order details, contractual matters and other agreements. MoveAgain rejects any warranty if neither you nor an authorised, instructed third party is on site.
3.4.3 In the event of delays caused by your absence and/or failure to arrange proper representation, MoveAgain is entitled to charge compensation in the amount of CHF 100.00 gross per started half hour and per moving employee present on site for the third-party costs incurred. After 3 hours of waiting time, MoveAgain is entitled, without the provision of the ordered service, to charge you the contractually agreed remuneration in full by way of compensation. In such a case, you are entitled to prove that no damage has been incurred at all or that the damage is lower than the compensation.
3.4.4 In the event of snowfall, the customer is responsible for clearing the access road and parking space of snow. If access or parking is impossible due to snow, MoveAgain reserves the right to charge any snow-clearing work or to withdraw from the order.
3.5 Exclusion of transport / Reasonableness / Exclusion 3.5.1 The transport of drugs or other illegal items is excluded in all cases and without exception.
3.5.2 Without prior agreement, the following are also excluded from transport: animals, cash, bearer securities, precious metals, precious stones, weapons and their components and ammunition, gas cylinders and fuel containers, as well as mortal remains of humans and animals.
3.5.3 Every order placed with MoveAgain presupposes that the conditions for carrying out the order are reasonable. If an order is unreasonable – for example in the case of extremely dirty premises or unpacked moving goods – MoveAgain reserves the right to charge a surcharge or to cancel the order and withdraw from the contract. MoveAgain is in no case liable for any costs arising from this.
3.5.4 For all cleaning services, such as final cleaning, no mould removal will be carried out. You are personally responsible for the removal of mould and other types of contamination of the property that are related to improper use.
3.6 Acceptance and procedure in the event of defects/damage 3.6.1 The service (moving goods, condition of cleaned apartment) must be checked by you or an authorised third party immediately after performance and accepted using the handover protocol. Defects or damage do not entitle you to refuse acceptance but must be noted in the handover protocol. The handover protocol must be signed jointly with the Partner Company.
3.6.2 Externally visible damage and/or loss of moving goods must be recorded in the handover protocol and reported in detail and sufficiently concretely in text form (e-mail, letter) to MoveAgain after delivery, but no later than the next day. In the case of a letter, the postmark is decisive. A simple note on the performance record, delivery receipt or damage report does not fulfil this obligation to notify. A verbal complaint is permissible if the damage is reported to MoveAgain "immediately upon delivery" by telephone.
3.6.3 If you refuse to note visible damage in the handover protocol or to sign the handover protocol, you waive the right to report this visible damage to MoveAgain after the service has been provided. Only those services and/or items and/or fittings that are described as defective or damaged in the handover protocol shall be deemed to have been claimed and constitute a defect and/or damage. All other services and/or items and/or fittings shall be deemed to have been accepted without reservation and any claims against MoveAgain shall lapse.
3.6.4 You must report non-immediately visible defects or damage to MoveAgain within 8 days of the issuance of the handover protocol at the latest. Notification must be made by post, whereby the deadline is met if the letter is posted (postmark); notification by e-mail is also possible, whereby receipt by MoveAgain is decisive for compliance with the deadline. MoveAgain will also examine the reported defects and/or damage within a period of 8 days.
3.6.5 If damage and losses are not asserted within the specified deadlines and under the conditions of Clauses 3.6.1 to 3.6.4, any liability claims shall lapse.
3.6.6 All claims shall lapse if, before they are asserted or clarified by MoveAgain, further work is carried out by third parties with or without instruction and irrespective of whether this is done with or without your fault (e.g. painting or cleaning services).
3.6.7 If you have to hand over the property, house, apartment, office, etc. to the owner, the management, the landlord, etc. on the same day, the Partner Company is only obliged to attend the handover if the time between completion of the service and the acceptance appointment does not exceed 60 minutes. If acceptance takes place later or if the acceptance appointment is set for a different day than the day of cleaning, the Partner Company is not obliged to attend. If remedial work, for which the Partner Company is responsible, must be carried out, such as re-cleaning, this will be carried out for you free of charge.
3.6.8 The acceptance appointment for the property, apartment, office, etc. must be notified to MoveAgain in writing at least 1 working day before the provision of the service (cleaning). You also acknowledge that the acceptance appointment must take place no later than 72 hours after the provision of the service (cleaning). If this is not the case or if the acceptance appointment has not been communicated at all, the claim to the acceptance guarantee and any re-cleaning as well as further claims shall lapse.
3.6.9 You undertake to send MoveAgain a copy of the complaint by the owner, landlord, management, etc. within 24 hours. If this is not done, the claim to the acceptance guarantee and any re-cleaning as well as further claims shall lapse – by analogy with Clause 3.6.6.
3.6.10 Substitute performance, i.e. the engagement of third parties to remedy defects or damage or in the event of non-contractual performance for which MoveAgain or the Partner Company is responsible, is not permitted. The costs arising from such substitute performance shall be borne by you.
3.7 Additional and reduced work 3.7.1 MoveAgain reserves the right to charge you in whole or in part for additional work that (i) arises due to incomplete or incorrect data or (ii) unforeseeable circumstances, such as technical failure of the lift, fire, snowstorm, road closures, etc. MoveAgain will, where possible, try to find an amicable solution with you.
3.7.2 If the Partner Company asks you on site to sign or complete a form to document any additional work, you are obliged to do so. This initially serves only for documentation purposes.
3.7.3 In the event of reduced work, there is no entitlement to a price reduction and/or refund.
3.7.4 Additional work is calculated in accordance with the following price and service list:
3.8 Booking assembly services 3.8.1 In particular, when booking a move, you can add the additional service "Assembly". The assembly service can be booked separately as dismantling ("Disassembly") and/or as assembly ("Assembly"). The dismantling of the moving goods is carried out by the Partner Company to the extent necessary to execute the move. Assembly (reassembly) therefore only covers the furniture that was previously dismantled. Assembly services do not include new, improperly divided and/or originally packaged furniture.
4. CHANGE/POSTPONEMENT/ADJUSTMENT OF DATES AND CANCELLATIONS 4.1. Change/postponement of dates The dates booked and/or agreed for service provision can only be changed/postponed/adjusted with the consent of both parties. The change/postponement/adjustment of a date requires confirmation by MoveAgain and/or the Partner Company. Changing/postponing/adjusting a date has the following financial consequences:
4.2. Cancellations Cancellations must be sent to MoveAgain in writing; an e-mail is sufficient, whereby receipt is only deemed to have occurred once MoveAgain has confirmed receipt of the e-mail. Cancellations have the following financial consequences:
5. LIABILITY FOR SERVICES 5.1 Liability and limitation of liability 5.1.1 MoveAgain is only liable for damage resulting from loss of or damage to the goods to be transported during the period between acceptance for carriage and delivery, or from exceeding the delivery period (caused by MoveAgain). In all other cases (e.g. cleaning, etc.), MoveAgain is liable for direct and immediate damage only up to the amount of the booked service/ agreed remuneration.
5.1.2 MoveAgain is released from liability (move) insofar as the loss or damage is due to one of the following risks:
5.1.3 The above limitations of liability and exclusions of liability of MoveAgain apply to contractual as well as non-contractual and quasi-contractual claims. In all cases (move, cleaning, etc.), liability for indirect or consequential damage is excluded.
5.1.4 There is no liability if the performance of the service is temporarily interrupted, wholly or partially restricted or impossible due to force majeure. Force majeure includes events of particular intensity, such as riots, acts of war, epidemics and pandemics, natural events (landslides, earthquakes, etc.) as well as unforeseeable official restrictions or national emergencies. Force majeure also includes road closures caused by demonstrations or other protest actions.
5.2 Wertersatz 5.2.1 Where MoveAgain is liable for the damage and must pay compensation, the value at the place and time of acceptance for carriage (current value) is to be reimbursed. In the event of damage to the moving goods, the difference between the value of the undamaged goods and the value of the damaged goods is to be reimbursed. The value of the (undamaged) goods at the place and time of acceptance is decisive.
5.2.2 In all other cases (e.g. cleaning, etc.), MoveAgain is liable for direct and immediate damage only up to the amount of the booked service/agreed remuneration.
6. WITHDRAWAL FROM THE CONTRACT 6.1 MoveAgain has the right to withdraw from the contract if MoveAgain has no partner capacities available to fulfil the contractual services or cannot meet the agreed dates, irrespective of whether MoveAgain could have foreseen and/or prevented this and irrespective of whether MoveAgain is responsible for these circumstances. Such a right of withdrawal also applies if circumstances exist at the time of conclusion of the contract that are not recognisable and justify withdrawal taking into account a legitimate interest of MoveAgain, such as in the case of force majeure, strikes, natural disasters, etc.
6.2 In this case, the contract will be reversed and any remuneration already paid to MoveAgain for the service will be refunded to you. Any further compensation for withdrawal is not agreed and is excluded.
7. PRICES AND PAYMENT 7.1 All prices are in Swiss francs (CHF) and include VAT. The offers from MoveAgain are fixed prices that cannot be adjusted. Price changes and incorrect price details are reserved.
7.2 The following payment methods are available on the MoveAgain online platform:
7.3 It is your responsibility to ensure that – if "credit card" is selected as the means of payment – the corresponding account has sufficient funds on the booking day so that MoveAgain can process the debit. If the debit cannot be carried out, it is your responsibility to pay the outstanding invoice amount by advance payment within 3 days; otherwise MoveAgain reserves the right to cancel the booking request without replacement.
8. TERMS OF USE OF THE ONLINE PLATFORM The following provisions govern the use of MoveAgain’s online platform and its contents and applications. In the event of a violation of these Terms of Use, MoveAgain reserves the right to deactivate your customer account immediately, without notice and without compensation.
8.1 Customer account 8.1.1 In order to use the online platform and the services offered via it, you must create a customer account (registration). The information required for this must be complete and correct.
8.1.2 You are responsible for the login data for the customer account and the associated passwords. This data must be kept carefully, protected from unauthorised access by third parties and not passed on to unauthorised third parties. In the event of loss of this data, MoveAgain must be notified immediately. Any liability on the part of MoveAgain is excluded.
8.1.3 You are obliged to keep your contract, billing and e-mail address up to date in the customer account at all times. The e-mail address you provide and store in the customer account is deemed to be the primary delivery address. Accordingly, MoveAgain will generally send you contract-relevant information (e.g. invoices, reminders, changes to services and/or contractual conditions, etc.) to this e-mail address or make such information available to you in another suitable way (e.g. in the customer account). Information transmitted or made available in such a way shall be deemed to have been legally delivered.
8.1.4 If you wish to delete your customer account, you can contact MoveAgain.
8.2 Warranty and liability 8.2.1 The online platform and its contents and applications are created and maintained with the greatest possible care. However, MoveAgain assumes no warranty or liability for the correctness, completeness and timeliness of the contents, nor for the availability and correct functioning of the online platform and its applications. In particular, errors in the description of the services offered and their prices are reserved.
8.2.2 MoveAgain also assumes no liability for the use of the online platform and its contents and applications. The information and opinions on the online platform (in particular those in the "MoveAgain Guide") are not intended as comprehensive or conclusive statements on the respective topics, do not constitute advice and should therefore not be considered a substitute for specific advice in an individual case. They may also represent only the opinion of the respective author. This opinion does not necessarily have to coincide with that of MoveAgain.
8.2.3 Furthermore, liability is excluded for the content as well as for the availability and correct functioning of third-party websites or online portals to which reference is made by links or in any other way or which refer to the online platform. The content of third-party websites or online portals is third-party content over which MoveAgain has no influence and for which MoveAgain cannot be held responsible.
8.2.4 MoveAgain also assumes no liability for damage caused by viruses, hacker attacks or other manipulations to your device by unauthorised third parties. No liability is accepted for the security of data transmission via the Internet.
8.3 Intellectual property 8.3.1 All intellectual property rights to the content of the online platform and its applications (texts, trademarks, images, videos, layout, etc.) are owned by MoveAgain or the respective authorised third parties. Any use of any kind without the prior express consent of MoveAgain or the authorised third parties is prohibited. Quoting with correct source references and setting links to the online platform is allowed.
8.4. Data protection 8.4.1 The "Privacy Policy & Cookie Guidelines" explain how MoveAgain collects and processes personal data in connection with the operation and use of the online platform and its applications. They also explain how MoveAgain uses cookies and similar technologies in this context. The "Privacy Policy & Cookie Guidelines" are an integral part of the contractual relationship between you and MoveAgain and can be accessed via the following link:
https://www.moveagain.ch/datenschutzbestimmungen
9. OTHER PROVISIONS 9.1 The transfer of the contract or the assignment or transfer of rights, obligations or claims arising from it requires the written consent of MoveAgain.
9.2 Amendments and supplements to the contract concluded between MoveAgain and you, including these GTC and any side agreements, must be made in writing. This also applies to any amendment of this written form requirement.
9.3 MoveAgain reserves the right to amend these GTC for the future, even without stating reasons. Existing contracts remain unaffected by such changes.
9.4 If any provision of these GTC or any side agreements is wholly or partially invalid or ineffective, the validity and effectiveness of the remaining provisions shall not be affected. In such a case, the parties undertake to replace the invalid or ineffective provision with a provision that comes closest to the economic intention of the parties. The same applies in the event of contractual gaps. The statutory provisions on simple agency and, where applicable, on carriage contracts shall apply in addition.
10. APPLICABLE LAW AND PLACE OF JURISDICTION The contract between MoveAgain and you is governed by Swiss law.
The exclusive place of jurisdiction is Zurich. Mandatory places of jurisdiction remain reserved.