Terms & conditions

[À VALIDER — the following articles are a faithful English translation of the French “Conditions générales de vente” of MTN Déménagement (18 articles). Several clauses are drafted under French consumer, transport and commercial law. Before publication for a global, EN-only audience, these must be reviewed by a Finnish or EU-consumer lawyer, in particular: governing law and jurisdiction (art. 17), 14-day consumer withdrawal right, CMR / Hague-Visby / Montreal liability caps, and the mediation / EU ODR scheme (art. 15).]

Article 1 — Purpose

These General Terms and Conditions of Sale (hereinafter “Terms”) are intended to define the conditions under which MTN Moving (hereinafter “the Service Provider” or “MTN”) provides, for a fee, international transport and moving services to any natural or legal person (hereinafter “the Customer”).

MTN Moving acts as an international mover: MTN freely organises the transport on behalf of the Customer, under its own responsibility, by the routes and means of its choice.

Article 2 — Acceptance and enforceability

Any order of a service entails the full and unreserved acceptance of these Terms by the Customer. The Terms are available at all times on www.mtn-moving.com and are attached to the quote sent to the Customer.

These Terms prevail over any other document issued by the Customer, in particular over its own general purchase conditions, unless MTN has given its express prior written agreement.

Article 3 — Definitions

• Customer: any natural or legal person who has approved an MTN quote.
• Quote: written document summarising the service, the volume, the itinerary, the price and the specific conditions.
• Personal effects: furniture, personal belongings, clothing and household equipment transported in the context of a change of residence.
• Waybill / B/L: transport document (CMR for road, Bill of Lading for sea, Air Waybill for air) which embodies the contract of carriage.
• Volume: usable volume occupied by the goods, expressed in m³.

Article 4 — Quote and price

4.1 Issuance of the quote

Every quote is prepared on the basis of the information provided by the Customer: volume, city of departure, city of arrival, service options. The quote has a validity period of 30 days from its issuance, unless otherwise stated.

4.2 Indicative online estimates

Estimates shown on the website (home-page form widget or on the online estimation page) are provided for purely indicative purposes and are not binding on MTN. Only a written, named quote issued by MTN has contractual value.

4.3 Price variation

The price may be revised if, upon pickup or delivery, MTN observes:

• a real volume significantly higher than the declared volume;
• access conditions that were not disclosed (floor without a lift, carrying distance, hoist required, closed road, etc.);
• special items that were not declared (piano, safe, work of art, vehicle, etc.);
• a change of the pickup or delivery address after approval of the quote.

Any additional charge is notified in writing to the Customer before execution.

Article 5 — Order and formation of the contract

The order is deemed formed upon the signature of the quote by the Customer (handwritten or electronic signature) and the payment of the deposit mentioned in Article 10.

Article 6 — Customer's obligations

The Customer undertakes to:

• accurately declare the volume, nature and value of the goods transported;
• declare any valuables, original documents, jewellery or cash;
• provide all identity documents and supporting documents required for customs formalities (passport, visa, proof of address, etc.);
• guarantee access to the pickup and delivery sites and obtain, where necessary, municipal authorisations (parking permit, hoist permit);
• pack or have the goods packed in accordance with the recommendations provided (if packing is not entrusted to MTN);
• be present or be represented at pickup and delivery, and sign the waybill / declaration;
• check the goods at delivery and immediately raise any reservation, in writing, on the transport document.

Article 7 — MTN's obligations

MTN undertakes to:

• organise the transport of the Customer's goods by the most appropriate routes and means;
• select reliable, insured carriers and logistics service providers;
• respect the pickup date and the delivery-window announced in the quote (except for force majeure);
• monitor the transport and inform the Customer of any development likely to affect the timing or the conditions of performance;
• assist the Customer in preparing the customs file and inform them of the documents required for each destination.

Article 8 — Performance times

The pickup and delivery times communicated to the Customer are indicative times, except where expressly agreed in the contract. No damages may be claimed for a reasonable overrun of these times, unless the overrun results from a characterised fault of MTN.

Article 9 — Force majeure

MTN cannot be held liable for any delay or failure to perform its obligations resulting from force majeure, including in particular: exceptional weather, armed conflicts, riots, port blockages, general strikes, pandemics, major incidents, embargoes, refusal of customs clearance or administrative decisions.

Article 10 — Payment

10.1 Terms

Unless otherwise stated in the quote, payment is made as follows:

• Deposit of 30% upon signature of the quote to confirm the booking;
• Balance of 70% at the latest the day before pickup, by bank transfer, card or any other means accepted by MTN.

For intercontinental moves, MTN may require full payment of the price before maritime or air shipment.

10.2 Late payment

Any late payment entails the immediate exigibility of late interest calculated at the European Central Bank's most recent refinancing-operation rate increased by 10 percentage points, as well as a flat-rate recovery indemnity of €40. [À VALIDER — article originally drafted under French commercial law (art. L.441-10 / D.441-5 Code de commerce); to be adapted to Finnish law (Interest Act 633/1982) or to the law chosen in article 17 after legal review.]

Article 11 — Insurance and liability

11.1 CMR Convention (international road transport)

All our international road transport operations are covered by the Geneva Convention (CMR)of 19 May 1956. In the event of total or partial loss or damage to the goods occurring between pickup and delivery, the carrier's liability is limited to 8.33 SDR per kilogram of gross weight missing or damaged (Article 23 CMR).

11.2 Sea and air transport

Sea transport is governed by the Hague-Visby Rules or the Rotterdam Rules depending on the route. Air transport is governed by the 1999 Montreal Convention. The indemnity caps correspond to those set by these international conventions.

11.3 Declared-value insurance (optional)

The Customer may, in addition, subscribe to a declared-value insurance, on all our modes of transport (road, sea, air), on presentation of proof of value of the goods (invoices, photographs, expert certificate). This insurance allows indemnification up to the real value of the goods in the event of a covered loss, within the limits of the insurance contract and after application of any deductibles.

11.4 Exclusions of liability

MTN disclaims all liability in the event of:

• inherent defect of the goods transported;
• defective packing when it has not been entrusted to MTN;
• inaccurate or incomplete declaration by the Customer;
• loss or deterioration of valuables (jewellery, cash, securities, personal documents) that were not declared and inventoried;
• damage resulting from force majeure;
• loss of digital data.

Article 12 — Customs formalities

For destinations outside the Schengen Area, MTN assists the Customer in preparing the customs file but the Customer remains responsible for the accuracy of the declarations and for providing the required supporting documents (passport, visa, proof of change of residence, inventory, etc.).

Any customs duties, taxes and charges applicable at destination are borne by the Customer, unless otherwise stated in the quote.

Article 13 — Cancellation

13.1 Cancellation by the Customer

In the event of cancellation by the Customer after signature of the quote, the deposit paid is retained by MTN as a flat-rate indemnity. If the cancellation occurs less than 7 days before the pickup date, MTN reserves the right to invoice the full price originally agreed.

13.2 Cancellation by MTN

MTN reserves the right to cancel the service in the event of material or regulatory impossibility of performance (refusal of customs clearance, prohibited goods, force majeure, etc.). In such a case, the deposit is fully refunded to the Customer.

Article 14 — Claims

Any claim relating to the transport must, in accordance with Article 30 of the CMR Convention, be made:

• in writing on the waybill at delivery in the event of apparent losses or damage;
• within 7 days (excluding Sundays and public holidays) for non-apparent losses or damage;
• within 21 days in the event of delayed delivery.

Any claim may be sent by email to contact@mtn-moving.comor by registered letter with acknowledgment of receipt to MTN's registered office (see legal notice).

Article 15 — Consumer mediation

A Customer acting as a consumer (natural person acting for non-professional purposes) has the possibility, in the event of a dispute not resolved with MTN, to use a consumer mediator free of charge. [À VALIDER — French CGV mention a “médiateur de la consommation” (art. L.612-1 Code de la consommation). For an EN audience across the EU, the clause should reference (i) the Finnish Consumer Disputes Board (Kuluttajariitalautakunta) and (ii) the European Commission's Online Dispute Resolution platform (ec.europa.eu/consumers/odr), after legal review.]

Article 16 — Protection of personal data

The processing of the Customer's personal data is governed by our privacy policy, which complies with the General Data Protection Regulation (GDPR).

Article 17 — Governing law and jurisdiction

These Terms are governed by [À VALIDER — French CGV state “droit français”. For a global EN audience, this is likely to be replaced by Finnish law (the law of the seller's country), subject to the mandatory consumer-protection rules of the country in which the consumer resides (Rome I, art. 6). To be confirmed by a lawyer.].

In the event of a dispute, and after seeking an amicable settlement, the courts will be designated in accordance with the applicable law. [À VALIDER — the French CGV give exclusive jurisdiction to the courts of MTN's registered office for professional customers. A clause depriving a consumer of the protection of the courts of their country of residence is likely invalid. To be adjusted after legal review.]

Article 18 — Severability

If any of the clauses of these Terms were to be declared null or inapplicable, the other clauses would retain their full effect and full scope.