General conditions
Article 1 - Definitions.
In these terms and conditions, the following definitions shall apply:
VanX B.V.: the private company offering the platform under the trade name VanX.
Platform: VanX B.V.'s mobile application and/or website that allows users to place transportation orders and drivers to accept them.
User: any natural or legal person who places a transport order through the platform.
Driver: an independent contractor (zzp'er) who offers and performs transportation services through the platform.
Service: transporting goods from point A to point B at the user's request.
Agreement: the contract of carriage established directly between user and driver.
Article 2 - Applicability.
2.1 These general terms and conditions apply to the use of the VanX platform, all services offered through the platform and all agreements concluded as a result thereof.
2.2 Deviations from these terms and conditions are valid only if agreed in writing.
2.3 By using the platform, the user unconditionally agrees to these terms and conditions.
Article 3 - Role of VanX B.V.
3.1 VanX B.V. provides a digital platform on which users can place transport orders and drivers can accept these orders.
3.2 VanX B.V. acts exclusively as mediator and is not a party to the agreement between user and driver.
3.3 The transport contract is concluded exclusively between the user and the driver.
3.4 Drivers are independent contractors (zzp'ers) and not employed or under the authority of VanX B.V.
3.5 VanX B.V. does not guarantee availability, quality, safety, punctuality or suitability of drivers.
3.6 VanX B.V. shall not be liable for any damage, loss, delay, injury or any other loss arising during or due to the performance of a ride.
3.7 VanX B.V. may, at its discretion, mediate disputes but is not obligated to do so.
Article 4 - Use of the platform
4.1 User must provide accurate, complete and current information when placing orders or creating an account.
4.2 Improper use, abuse, offensive behavior or fraudulent acts may result in immediate exclusion from the platform.
4.3 VanX B.V. reserves the right to temporarily or permanently block accounts without reason.
4.4 Using the platform for illegal activities or transporting prohibited goods is prohibited.
4.5 VanX B.V. reserves the right to change, limit or remove features at any time.
Article 5 - Formation of the transport order
5.1 A transport order is established as soon as a driver accepts the order through the platform.
5.2 The driver performs the assignment completely independently and is responsible for compliance with time, route, safety and careful handling of goods.
5.3 Any direct communication or additional agreements between user and driver are completely beyond the responsibility of VanX B.V.
5.4 The user acknowledges that VanX B.V. does not provide transportation services, but only facilitates that parties can find each other.
Article 6 - Payment
6.1 Payment is made exclusively through the VanX platform.
6.2 The user pays a total amount, consisting of the fee for the driver and a service fee for VanX B.V.
6.3 Payments to VanX shall be deemed to be payment in full discharge to the driver.
6.4 The driver will receive his compensation after successful completion of the job via VanX's payout system (e.g. Stripe Connect).
6.5 VanX B.V. is not liable for reversals, chargebacks or payments not received by the driver.
6.6 Any refunds will be made only if and to the extent that the driver agrees.
6.7 All prices are inclusive of VAT unless otherwise stated.
Article 7 - Cancellation and no-show
7.1 Moving elevators (planned):
A moving elevator booking scheduled in advance can be cancelled free of charge up to 1 hour before the start at the latest.
7.2 Direct bookings (on-demand):
For direct rides that are performed immediately, cancellation after acceptance is not free of charge. In that case:
May be charged up to 100% of the agreed rate;
Is the amount of the cancellation fee determined based on the time and costs incurred by the driver.
7.3 No-show:
If the user is not present at the agreed location or the goods are not ready, this is considered a no-show. The user will then remain liable for the full amount.
7.4 Drivers:
Drivers may cancel an assignment only in cases of force majeure. Repeated or unjustified cancellation may result in (temporary) exclusion from the platform.
7.5 VanX B.V.:
VanX B.V. may, in exceptional cases and at its sole discretion, decide to waive cancellation fees in whole or in part.
Article 8 - Liability and indemnity.
8.1 VanX B.V. shall not be liable for any direct or indirect damage, consequential damage, loss of profits, loss of data, reputational damage or intangible damage arising from the use of the platform or drivers' services.
8.2 VanX B.V. does not provide insurance or guarantees on transports. The responsibility for correct execution and insurance lies entirely with the driver.
8.3 Any claims for damages should be addressed directly to the respective driver.
8.4 Should VanX B.V. be held liable despite the above, liability shall be limited to the amount of the service fee paid by the user for the ride in question.
8.5 User fully indemnifies VanX B.V. from claims of third parties (including drivers) in connection with damages resulting from use of the platform or the rides performed.
Article 9 - Technical availability and failures
9.1 VanX B.V. makes every effort to keep the platform secure and accessible, but does not guarantee uninterrupted or error-free operation.
9.2 VanX B.V. is not liable for failures, bugs, connection problems, viruses or other technical defects.
9.3 VanX B.V. may temporarily take the platform out of service for maintenance or updates without prior notice.
9.4 VanX B.V. is not responsible for loss of data or damage due to technical failures.
Article 10 - Complaints and disputes
10.1 Complaints about the platform can be reported through support@vanx.nl.
10.2 Complaints about drivers must be made within 48 hours of the trip being performed.
10.3 VanX B.V. may mediate but is not obligated to resolve disputes.
10.4 Decisions made by VanX B.V. in the context of complaint handling are binding for the use of the platform.
Article 11 - Privacy and data protection
11.1 VanX B.V. processes personal data in accordance with its privacy policy and the General Data Protection Regulation (AVG).
11.2 Users and drivers are obliged to treat confidentially the personal data received through the platform.
11.3 VanX B.V. is not liable for misuse of data by drivers or users.
Article 12 - Force majeure
12.1 VanX B.V. shall not be liable for damage or delay due to force majeure, including but not limited to: internet failures, power outages, strikes, war, government measures, extreme weather conditions, pandemics or technical defects at third parties.
Article 13 - Changes to the terms and conditions
13.1 VanX B.V. may amend these terms and conditions at any time.
13.2 Amended terms will be announced via the platform or by email at least 7 days before they take effect.
13.3 Upon continued use of the platform after its entry into force, the user shall be deemed to have agreed to the new terms and conditions.
Article 14 - Applicable law and competent court
14.1 These general terms and conditions are exclusively Dutch law applicable.
14.2 Disputes shall be submitted exclusively to the competent court in Amsterdam.
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