Application of These Terms
These P&M Services (as defined in Clause 3.1) terms (this “Section”) apply where a Customer books through the Platform. This Section is in addition to, and forms part of, the Platform User Terms and the General Terms & Conditions of Porter Technologies DMCC (collectively, “Master Terms”). In the event of any conflict, the order of precedence set out in Clause 14 (Order of Precedence) shall apply.
Prior to placing a booking request for the P&M Services on the Platform, the Customer is provided access to this Section, the Master Terms and the applicable Quotation, and is given an opportunity to review the same.
By placing a booking request for P&M Services on the Platform, the Customer acknowledges and agrees to be bound by the terms applicable to the P&M Services and the applicable Quotation.
Definitions
In this Section, the following terms have the meanings set out below. Capitalised terms not defined here have the meanings given to them in the Master Terms.
"Goods" means the items in respect of which the P&M Services are to be provided, but excludes Excluded Goods (as defined in Clause 11). "Inventory List" means the list of items packed and/or loaded that is shared with the Customer for validation at the point of packing and/or handover. "Move Permits" means all authorizations including but not limited to move-in / move-out permits, no-objection certificates (NOCs), gate passes, security approvals and building or community management approvals required at the pickup and/or drop-off premises. "Packing Material" means cartons, boxes, bubble wrap, paper packaging, plastic/stretch roll, foam, tape and any other material used for packing the Goods. "Quotation" means the estimate or proposal shared with the Customer (via the Platform, by Porter's agent, or otherwise) setting out the proposed scope, the order cost, the rate card for out-of-scope items, and any service-specific conditions.
SCOPE OF THE PACKERS AND MOVERS SERVICES
Subject to the Quotation, the P&M Services shall include (i) on-site or virtual pre-move survey, where applicable; (ii) supply and use of appropriate Packing Material; (iii) careful packing of Goods; (iv) dismantling and re-assembly of furniture; (v) loading onto vehicles; (vi) transportation to the destination address; (vii) unloading; (viii) unpacking and placement; and (ix) removal of debris and packaging waste (collectively "P&M Services").
Any timing or duration indicated for the performance of the P&M Services is an estimate only. While reasonable endeavours will be used to perform the P&M Services within the indicated time, neither Porter nor the Service Provider shall be liable for any loss or damage (whether direct, indirect or consequential) arising from a failure to do so, including where the delay is attributable to the matters in Clause 6 or Clause 13 of this Section.
SERVICE EXCLUSIONS
Unless expressly stated in the Quotation, the P&M Services do not include, and Porter and the Service Provider shall not be responsible for:
handyman services including carpentry, electrical, plumbing, AC dismantling or installation, painting, deep-cleaning, storage or disposal services; procurement of Move Permits, NOCs, or any building/community management or security approvals (which remain the Customer's responsibility under Clause 6); insurance of the Goods (see Clause 10); transport or handling of hazardous, prohibited or restricted materials, or of cash, jewellery and other Excluded Goods (see Clause 11); split / multiple pickups or deliveries, plant removals, crating, in-transit storage, vehicle detention/waiting, and stair-carry above the levels stated in the Quotation, except where separately quoted as Additional Charges under Clause 7; international relocation; and movement of items requiring specialist equipment, including pianos, safes, gun cabinets and very heavy appliances, except where separately agreed in the Quotation; and any Goods that were not disclosed by the Customer at the time of booking or that exceed the scope or quantity of Goods specified in the accepted Quotation, unless Porter agrees to transport them subject to Additional Charges.
QUOTATION AND BOOKING
Each Quotation is based on the details provided by the Customer (including inventory, access conditions, floor levels, lift availability, pickup and drop-off locations, and selected services). The Quotation is an estimate and is subject to revision where the actual scope differs from the details provided, including in case of changes to inventory, access conditions, locations or service requirements. The Customer may either accept the revised charges or proceed only with the original agreed scope, where that is reasonably capable of being performed. The revised Quotation provided to the Customer shall be final and binding upon acceptance by the Customer through the Platform.
Once accepted, the Quotation and the terms set out in it are binding. Where any term of the Quotation is inconsistent with this Section, the Quotation shall prevail to the extent of the inconsistency for that booking. If any detail provided by the Customer is incorrect or incomplete, the Service Provider may adjust the charges accordingly, including by applying Additional Charges under Clause 7.
CUSTOMER OBLIGATIONS
The Customer shall, at the Customer's cost and in good time before the performance of the P&M Services:
obtain and keep available all Move Permits, NOCs and building/community/security approvals required at both the pickup and drop-off premises; reserve and ensure the availability and accessibility of the service lift/elevator for the full duration of loading and unloading, and arrange necessary parking and access permissions; promptly supply any information concerning the nature, quantity, weight, fragility or special-handling needs of the Goods that Porter or the Service Provider may request, and declare in advance any fragile, high-value, oversized or special-care items; keep all valuables — including cash, jewellery, passports, identity and legal documents, medicines, keys, electronics data and other personal valuables — separately and securely, and not hand them over for packing or transport (see Clause 11); ensure that the Customer or an authorised representative is present at both the pickup and drop-off locations throughout loading, unloading and handover, to review and validate the Inventory List, and refrain from unnecessarily interfering with or rushing the crew; comply with all applicable laws and building regulations relevant to availing of the P&M Services, and not submit any Goods that are dangerous, explosive, corrosive, perishable, illegal or otherwise harmful; and review and sign off the post-shift delivery completion declaration at the time of completion of the P&M Services; ensure that the Customer has the lawful right, authority and consent required to instruct the packing, handling, removal, transport and delivery of the Goods from the pickup premises to the drop-off premises, and that the performance of the P&M Services will not breach any lease, building rule, community rule, ownership right, security requirement or third-party restriction applicable to the Goods or the premises; and ensure that the pickup and drop-off premises are safe, accessible and reasonably suitable for the performance of the P&M Services, including by keeping access areas clear of obstructions, securing pets, supervising minors, and notifying the Service Provider in advance of any site condition, building restriction or safety risk that may affect the performance of the P&M Services.
If any Goods are submitted in contravention of this Clause 6 or Clause 11, or if loss, damage, delay or additional cost is caused to Porter or the Service Provider by reason of the Customer's acts or omissions (including failure to obtain Move Permits, restricted access, inaccurate information, or non-availability of a reserved lift), the Customer shall indemnify Porter and the Service Provider against such loss, damage, delay or cost.Porter or the Service Provider may decline, suspend or reschedule the P&M Services where the Customer has not complied with this Clause 6, or where the performance of the P&M Services would create a safety risk, breach building or community requirements, or expose Porter or the Service Provider to regulatory, security or third-party claims.
ADDITIONAL CHARGES
Charges for any scope outside the package or service stated in the Quotation will be applied at the rates set out in the Quotation’s rate card. Additional Charges may apply, without limitation, for: staircase movement or stair-carry where the service lift is unavailable or restricted; long carrying distance between the premises and the vehicle; waiting/detention time; parking delays or restrictions; undeclared, heavy, fragile or oversized items; additional Packing Material; and any out-of-pocket expenses or government levies, tolls or charges incurred in performing the P&M Services. All charges, rate-card amounts and Additional Charges displayed or quoted to a Customer shall be stated in AED
Where the Customer alters instructions, inventory or scope of the P&M Services, the charges may be revised accordingly. Any additional cost will be communicated to the Customer before it is applied wherever reasonably practicable.
Re-usable Packing Material remains the property of Porter. The Customer shall make such material available for collection on completion of the P&M Services; if it is retained by the Customer, the Customer shall be charged for it.
CANCELLATION, RESCHEDULING AND REFUNDS
The Customer should request any rescheduling as early as possible and, where practicable, at least 48 hours before the scheduled performance of the P&M Services so that the agent can assist and minimise inconvenience. Cancellation or rescheduling requested within 24 hours of the scheduled performance of the P&M Services may result in forfeiture of the booking/advance amount.
Where a refund is due, refund initiation will ordinarily take 5 to 7 working days; the time for the amount to reach the Customer's account may vary by bank or payment provider. Any VAT charged on a cancelled booking will be refundable to the extent required by Applicable Law.
DAMAGE AND LOSS — REPORTING AND CLAIMS
This Clause 9 applies in addition to the general complaint provisions of the Master Terms. In case of any inconsistency, this Clause 9 shall prevail for P&M bookings.
The delivery completion declaration, Inventory List confirmation or handover sign-off is evidence that the P&M Services were completed and that no visible damage, shortage or discrepancy was reported at handover, except to the extent expressly noted by the Customer in accordance with this clause.
The Customer must submit any claim in writing within 24 hours after completion of the P&M Services to Porter's designated support channel at help@porter.ae, together with photographs of the affected Goods and/or packaging and a description of the alleged loss or damage.
Where any loss or damage was not reasonably apparent upon completion of the P&M Services, the Customer must notify Porter promptly upon becoming aware of the relevant loss or damage and in any event within 72 hours after completion of the P&M Services, together with reasonable supporting evidence.
The Customer shall take reasonable steps to preserve the condition of the Goods and, where reasonably practicable, shall not repair, dispose of or materially alter the affected Goods before Porter, or its authorised representative, has been afforded a reasonable opportunity to inspect them, except where such action is reasonably necessary to prevent further loss or damage.
Failure to notify Porter within the timeframes set out in this clause, or to provide reasonable supporting evidence, may affect Porter's ability to investigate and assess the claim and may be taken into account in assessing the claim.
The notification procedures set out in this clause are intended to facilitate the prompt investigation and resolution of claims and do not limit or exclude any rights or remedies that cannot lawfully be excluded or restricted under applicable law.
When claiming against damage or loss, the claimant must verify their identity as the Customer of the performance of the P&M Services. Porter may request information to validate the claimant’s identity and the claim (including images and bank details for any refund/compensation). If the requested information is not provided within 2 working days of Porter’s request, the claim may not be processed. Where the Customer has opted for third-party insurance at booking, the claim shall be handled by the relevant insurer and not by Porter.
LIMITATION OF LIABILITY (PACKERS AND MOVERS)
This Clause 10 applies in addition to the general liability, disclaimer and intermediary provisions of the Master Terms, which continue to apply to the P&M Services.
Subject to Applicable Law, and to the extent any loss or damage to the Goods is directly attributable to Porter or the Service Provider or their respective agents, the maximum aggregate liability for such loss or damage shall not exceed the service amount paid or payable for the relevant P&M Services.
The Customer is encouraged and recommended to obtain transit/relocation insurance covering the Goods from origin to destination at the Customer's own cost. In the absence of adequate insurance and save to the extent of the capped liability in Clause 10.2, the P&M Services are undertaken at the Customer's risk.
Neither Porter nor the Service Provider shall be liable (whether in contract, tort/negligence or otherwise) for: loss or damage caused by force majeure or any event outside reasonable control; natural deterioration of the Goods; loss or damage arising from any act or omission of the Customer or any person acting on the Customer's behalf, including failure to declare, or false declaration of, value or contents; damage to the internal or mechanical parts of any item not externally evident; damage to Goods packed by the Customer; or any indirect or consequential loss.
The Customer shall not bring any claim against any employee, driver, crew member or agent of Porter or of the Service Provider personally, and all such persons shall have the benefit of the limitations and exclusions in this Section as if expressly stated for their benefit.
EXCLUDED, PROHIBITED AND RESTRICTED GOODS
For the P&M Services, "Excluded Goods" means: (a) Prohibited Items, Dangerous Goods and Valuables, each as defined or described in the Master Terms; and (b) in addition, the following items, including but not limited to: cash, jewellery, precious metals and stones, securities, firearms, ammunition, explosives, hazardous materials, narcotics, alcoholic beverages in excess of permitted limits, live animals, filled gas cylinders, batteries containing acid, kerosene, petrol and other flammable substances, and any other prohibited or restricted items under Applicable Law.
The Service Provider reserves the right to refuse to pack, load, carry or deliver any Excluded Goods, or any item that may cause damage to other Goods or injury to persons. If any Excluded Goods are handed over (whether or not accepted by mistake), any resulting loss, damage, theft, misappropriation or liability shall be at the Customer's sole risk, and the Customer shall indemnify Porter and the Service Provider accordingly. During transit, the Goods may be opened and inspected where required by law enforcement or competent authorities.
PAYMENT TERMS
The Customer shall pay the charges for the P&M Services as set out in the Quotation, together with any Additional Charges under Clause 7, any out-of-pocket expenses, and any applicable VAT and statutory levies. Payment may be made by the online and/or cash methods indicated at booking.
A booking is confirmed only upon payment of the applicable booking/advance amount. Unless otherwise stated in the Quotation, the advance payable to confirm a booking is 25% of the estimated order value which is payable online. The balance is payable on or before completion of the P&M Services by online payment or cash, as indicated at the time of the booking.
When claiming against damage or loss, the claimant must verify their identity as the Customer of the performance of the P&M Services. Porter may request information to validate the claimant’s identity and the claim (including images and bank details for any refund/compensation). If the requested information is not provided within 2 working days of Porter’s request, the claim may not be processed. Where the Customer has opted for third-party insurance at booking, the claim shall be handled by the relevant insurer and not by Porter.
FORCE MAJEURE AND SERVICE-SPECIFIC DISCLAIMERS
The force majeure and excused-performance provisions of the Master Terms apply to the P&M Services. Without limiting those provisions, neither Porter nor the Service Provider shall be liable for any failure or delay in performing the P&M Services to the extent caused by circumstances beyond reasonable control, including but not limited to acts of God, severe weather, fire, flood, epidemics or pandemics, war or civil disturbance, strikes, governmental action, road or building access restrictions, or disruptions to transport networks.
The P&M Services are provided on the basis of the disclaimers, exclusions and intermediary acknowledgements set out in the Master Terms, including that Porter operates the Platform and does not itself own the vehicles or directly employ the crews used to perform the P&M Services, all of which are provided by independent Service Providers.
ORDER OF PRECEDENCE
In the event of any conflict or inconsistency in relation to a P&M booking, the following order of precedence applies (highest first): (1) the applicable Quotation (for that booking, to the extent of the inconsistency); (2) this P&M Services Section; and (3) the Master Terms. In all other respects the documents are to be read together.
CUSTOMER DATA HANDLING
Porter may collect and use the Customer’s personal data and booking-related information, including name, contact details, pickup and drop-off addresses, location information, claim evidence, photographs, payment or refund details and communications, for the purpose of arranging and performing the P&M Services, processing payments and refunds, verifying claims, handling complaints, coordinating with Service Providers, insurers, payment providers and building or community management, and maintaining service records.
Porter shall process such personal data in accordance with its privacy policy and Applicable Law. The Customer may use the channels identified in the privacy policy to exercise access, correction, deletion and other applicable statutory rights in relation to personal data. Where Porter relies on consent as the basis for any processing, the Customer may withdraw that consent through those channels, subject to Applicable Law.