Terms and Conditions
General Terms and Conditions for Taxi Transport
filed by Royal Dutch Transport at the registry of the District Court in The Hague on 22 June 2006, document number 50/2006, to replace and follow-up the General Terms and Conditions for Taxi Transport previously filed by Royal Dutch Transport on 20 March 2003, record number 31/2003.
These general terms and conditions of the KNV Taxi association were established in March 2006 in consultation with the Consumers’ Association within the framework of the Coordination Group Self-Regulatory Consultation (CZ) of the Social Economic Council and come into effect as of July 2006. The CZ appreciates it if such is mentioned with a quote from these General Conditions.
Article 1: Definitions
In these General Conditions for Taxi
Transport the following terms have the following meanings: 1. Taxi transport: all agreed passenger transport by car as referred to in article 1 sub f. of the Passenger Transport Act 2000, whereby the fare has been agreed in advance or is determined by using the taximeter. Transport also includes boarding and alighting.
2. Transport Agreement: the agreement concluded between Passenger / Client and Carrier to provide taxi transport.
3. Taxi stand: a part of the road open to public traffic that has been designated by the road authority as a parking space for taxis.
4. Car: motor vehicle, as referred to in Article 1 sub f. of the Passenger Transport Act 2000.
5. Passenger: the person being transported by Carrier.
6. Client: the natural or legal person who enters into a Transport Agreement with the Carrier.
a. An order from a natural person to a Carrier who awaits travelers at a Taxi rank;
b. any other assignment from a Traveler / Client to Carrier, in whatever form.
8. Carrier: the natural person or legal entity, including its Personnel, who undertakes to transport persons by car.
9. Personnel: Personnel employed by Carrier, including auxiliary persons, who are not employed by Carrier, but who do serve on its behalf in a means of transport of Carrier or a means of transport made available to Carrier.
10. Hand baggage: baggage that a Traveler has with him as easy to carry, portable or wheeled, including live animals, as well as objects that are allowed by the Carrier as hand baggage.
Article 2: Scope of the General Terms and Conditions
These General Terms and Conditions apply to all Transport Agreements and form the basis for the handling of disputes by the Taxi Transport Disputes Committee, as referred to in Article 16 of these general terms and conditions.
Article 3: Establishment of a Transport Agreement
A Transport Agreement is concluded after the Carrier accepts an Order. In the event of an order as referred to in article 1 under 7a., The Carrier is obliged to accept this order, subject to the provisions of article 7 sixth paragraph. The obligations of the Carrier also apply to the Passenger who does not act as Client. By accepting the trip, Passenger enters as a party to the Transport Agreement.
Article 4: Termination of the Transport Agreement
1. The Carrier may immediately discontinue the journey and thus terminate the Transport Agreement, if the Passenger causes such nuisance that the Carrier cannot reasonably be expected to transport the Passenger. In that case, the Carrier can order the Passenger to leave the vehicle immediately.
2. In a case as referred to in paragraph 1, the Carrier is not obliged to compensate the Traveler for any damage.
3. In the event of premature termination, in the event that the fare is determined via the taximeter, the Traveler owes the amount indicated by the taximeter at the time of termination of the trip. If a fare has been agreed before the start of the journey, the Traveler will owe a proportional part thereof, as compensation for the part of the journey already driven.
4. Passenger / Client may cancel the journey ordered from Carrier before the start of the journey. In such a case, the Traveler / Client is obliged to pay compensation to the Carrier in fairness and reasonableness.
5. If the Carrier does not appear as agreed upon an ordered trip, the Passenger is entitled to compensation based on reasonableness and fairness in the event of demonstrable damage.
Article 5: Obligations and powers of Passenger
1. Passenger is obliged:
a. To follow directions or instructions reasonably given by Carrier, such as taking a seat at the seat designated by Carrier;
b. put on the seat belt before the ride. A legally imposed fine resulting from the Traveler’s failure to comply with this obligation can be recovered from this.
2. The Traveler is obliged to refrain in the Car from:
a. Damage and / or contamination of the Car;
b. the use of alcoholic beverages, unless with the express permission of Carrier;
c. carrying and / or using narcotics;
d. using smoking materials, unless with the express permission of Carrier;
e. aggression, committing pawing, harassing, threatening or otherwise behaving improperly towards Carrier and / or others;
f. hindering Carrier in any way in the performance of its duties.
3. The passenger is obliged to pay either the previously agreed fare or the fare determined by the taximeter.
4. If, before or during the voyage, circumstances arise or arise on the part of Carrier, which Passenger did not need to know when concluding the agreement, but which, if they had been known to him, could reasonably have ground for him. not to enter into the Contract of Carriage or on other terms, the Passenger is authorized to cancel the contract. Termination is effected by oral or written notification and the agreement ends at the moment of receipt thereof. In accordance with standards of reasonableness and fairness, the parties are obliged to compensate each other for the damage suffered as a result after termination of the Transport Agreement.
5. Traveler is authorized to change the final destination of the trip in the meantime; this with due observance of the provisions of paragraph 3.
6. If the Traveler chooses to open the door himself, he is obliged to open the door in such a way that no nuisance and / or danger to traffic is created.
Article 6: Payment
Transport must be made in cash with a generally accepted means of payment in the Netherlands, including generally recognized forms of electronic payments, unless otherwise agreed.
2. Carrier is entitled to encourage Passenger / Client that cash payments are made in exact money. Carrier is not obliged to accept as payment an amount of coins, the count of which causes a disproportionate delay.
3. Carrier will send an invoice to Passenger / Client if non-cash payment has been agreed. Payment by Traveler / Client is without any discount, suspension or set-off
to be paid within 30 days of the invoice date. If this period is exceeded, the Traveler is in default and costs may be charged in accordance with the statutory regulation.
4. The Carrier is at all times entitled to set off its claims against the Traveler / Client against its debts to the Traveler / Client.
5. Performance on the basis of the Contract of Carriage takes place on the basis of rates as determined by the Carrier and made known to the Passenger / Client in advance.
Article 7: Obligations and powers of the Carrier
1. The Carrier is obliged to transport the Passenger, as well as the Hand Baggage that he carries with him, in a careful and safe manner.
2. Carrier is obliged to take the Traveler to the destination
according to the route that is most favorable to the Traveler, either via the fastest or economically most advantageous route, unless the Traveler or the control room / control center explicitly requests or orders to drive along a different route.
3. The Carrier is obliged to assist the Passenger in boarding and disembarking as well as loading and unloading Hand Baggage, unless this is absolutely impossible for (traffic) technical reasons.
4. When using the taximeter, the Carrier is obliged to leave the position of the taximeter at the end of the journey for such a long time that the Passenger could reasonably be informed of the position.
5. The Carrier is obliged to provide the Passenger upon request with a receipt stating at least the fare, company name, driver name, date and (global) time of the journey.
6. Carrier is authorized to deny Passenger who does not comply with the provisions of these General Terms and Conditions access to the means of transport, or to remove him or have him removed from the means of transport,
if the Carrier cannot reasonably be expected to do so. Traveler transports. Article 4 applies mutatis mutandis.
7. Carrier is obliged to handle the personal data obtained in connection with the booking of rides or otherwise in accordance with the Personal Records Act with due care.
8. Carrier is authorized, if compelling circumstances require him to do so, to cease transport in whole or in part. The Carrier will inform the Traveler as soon as possible of the discontinuation and, if possible, of the reasons, the measures to be taken by him and the possible duration. In the event of premature termination, Passenger, in the event that the fare is determined via the taximeter, is the amount indicated by the taximeter at the time of termination.
of the ride. If a fare has been agreed before the start of the journey, the Traveler will owe a proportional part of the agreed fare for the part of the journey that has since been performed.
Article 8: Hand Baggage
1. Passenger is obliged to properly pack his Hand Baggage.
2. Carrier has the right to refuse the carriage of Hand Baggage which by its nature is cumbersome, dangerous or prohibited or which can give rise to damage or pollution.
Such a situation will in any case arise
if Hand Baggage consists of:
a. Firearms, percussion and / or stabbing weapons;
b. explosive substances;
c. compressed gases in reservoirs;
d. self-igniting or highly flammable substances;
e. strong or bad smelling substances;
3. Carrier is obliged to use reasonable care so that Passenger’s Hand Baggage is not lost or damaged.
Article 9: Transport of animals
1. Live animals may, subject to the provisions of the next paragraph of this article, be carried in an easily portable basket, bag or similar object which can be set down or held on your lap
. Dogs may also be transported in another way, provided they are kept on a short lead.
2. The animals referred to in the first paragraph may not be taken along if they could be inconvenient or inconvenient for the Traveler or the staff in any way or if they suffer from a serious illness.
Article 10: Found objects
With regard to found objects, the following applies, with due observance of the general statutory provisions with regard to the declaration and notification obligation and the deposit and receipt of goods:
a. Passenger is obliged to notify Carrier as soon as possible. doing an object or sum of money found by him. The carrier is authorized to accept an object or sum of money found in this way for safekeeping in exchange for proof. If the finder keeps the found object or the sum of money, he is obliged to do everything that can reasonably be required of him to find the owner or loser.
b. Carrier is authorized to sell an object found by Personnel or found by another person and handed over to him after three months or, if the object is not suitable for safekeeping, earlier, insofar as it concerns non-valuable items.
c. Carrier is obliged to hand over a found object, the proceeds of an object sold pursuant to paragraph b or the amount of a found sum of money to the entitled party, if the latter reports within three years after notification of the loss. If the person entitled claims the proceeds from the sale of a found object, the carrier may set off the custody fee owed and the administration costs against those proceeds.
d. Carrier may charge administration costs for handling a request regarding a lost object or sum of money.
Article 11: Cancellation
1. Passenger / Client is entitled to cancel the previously concluded Transport Agreement with a previously agreed fare by means of oral or written notification:
a. If the cancellation takes place between 21 and 14 days before the start of the transport, the Traveler / Client is carrier payable: 10% of the agreed ride price;
b. if the cancellation takes place between 14 and 2 days before the start of the transport, the Passenger / Client owes the Carrier:
35% of the agreed fare;
c. if the cancellation takes place no more than 2 days before the start of the transport, the Passenger / Client owes the Carrier: 75% of the agreed fare; d. if the cancellation takes place during the transport: the full fare.
2. If the Passenger demonstrates that the damage suffered by the Carrier is less than the amount resulting from the application of paragraph 1, these lower costs will be charged.
Article 12: Force majeure
1. If Carrier cannot meet its obligations towards Passenger / Client due to a non-attributable shortcoming (force majeure), the fulfillment of those obligations will be suspended for the duration of the force majeure situation. A shortcoming cannot be attributed to Carrier if it cannot be attributed to its fault, nor is it for its account by law, legal act or generally accepted beliefs.
2. In case of force majeure, Traveler / Client is not entitled to any compensation. If a shortcoming cannot be attributed to the Carrier, but he enjoys an advantage in connection with that shortcoming that he would not have had if properly performed, the Passenger is entitled to compensation for his damage up to a maximum, applying the rules on unjust enrichment. the amount of this benefit.
Article 13: Liability of Carrier
1. Carrier is liable for damage caused by death or injury of the Passenger as a result of an accident that happened to the passenger in connection with and during the transport. Carrier is not liable if the accident was caused by a circumstance that a careful Carrier could not have avoided and the consequences of which Carrier was unable to prevent. The compensation that Carrier may owe in the aforementioned circumstances is legally limited to an amount of € 137,000 per Passenger.
2. Carrier is liable for damage caused by total or partial loss or damage to the hand baggage, insofar as this loss or damage was caused during transport and was caused:
a. By an accident to the Passenger that is at the expense of Carrier or
b. by a circumstance that a careful Carrier could have avoided or the consequences of which such a Carrier could have prevented. The compensation that Carrier may owe in the event of loss or damage to Hand Baggage is legally limited to an amount of € 1,000 per Passenger.
3. In the event of delay, the Carrier is legally liable up to a maximum of € 1000.
Article 14: Liability of the Traveler The
Traveler is in principle obliged to compensate the Carrier for the damage he or his Hand Baggage causes Carrier, except insofar as this damage is caused by a circumstance that a careful Traveler could not avoid and insofar as such a Passenger has has not been able to prevent its consequences. Traveler cannot rely on the quality or defect of his Hand Baggage.
Article 15: Insurance
1. Passenger / Client may instruct Carrier to take out insurance at his expense that covers the risks for which Carrier is not liable.
2. If the Passenger / Client has instructed the Carrier to take out such or very limited insurance and the Carrier has accepted and confirmed the Assignment, the Carrier will be liable for the damage arising for the Passenger / Client from the non-execution. of the order given to Carrier.
3. In the event of very valuable Hand Baggage, the Carrier may oblige the Traveler / Client to take out proper travel and baggage insurance. In such a case, Carrier may request Passenger / Client to provide proof thereof.
Article 16: Complaints and disputes
1. Complaints about the formation and implementation of the Contract of Carriage must be fully and clearly described and submitted to the Carrier within 6 weeks after the Passenger / Client has discovered or has been able to observe the defects. Failure to submit the complaint on time may result in the Traveler / Client losing his rights in this matter.
2. Disputes between Passenger / Client and Carrier about the conclusion or performance of agreements with regard to services to be delivered or provided by this Carrier can be submitted by either Passenger / Client or Carrier to the Disputes Committee Taxi Transport, PO Box 90600, 2509 LP. The Hague.
3. A dispute will only be handled by the disputes committee if the Passenger / Client has first submitted his complaint to the Carrier.
4. After the complaint has been submitted to Carrier, the dispute must be submitted in writing to the disputes committee no later than three months after it arose.
5. When Passenger submits a dispute to the disputes committee, Carrier is bound by this choice. If Carrier wishes to do so, it must ask Passenger in writing to declare whether it agrees to this within five weeks. Carrier must thereby announce that it will consider itself free to submit the dispute to a regular court after the aforementioned period has expired.
6. The Disputes Committee makes a decision with due observance of the provisions of the regulations applicable to it. The regulations of the disputes committee Will be sent on request. The decisions of the disputes committee are made by way of binding advice. A fee is payable for the handling of a dispute.
7. Only the Dutch court or the aforementioned disputes committee has jurisdiction to hear disputes.
8. Carrier makes every effort, partly to prevent disputes, to deal with complaints from Passenger seriously and in all reasonableness to the satisfaction of Passenger.
9. In the event that the parties do not reach a conclusion, the Carrier must inform the complaining Passenger of the possibility of the dispute thus arising to the disputes committee referred to in paragraph 2.
10. If the Passenger holds the Carrier liable for damage, he must report this damage to the Carrier in writing as soon as possible. The nature and extent of the damage must be indicated approximately.
Article 17: Other conditions
1. KNV Taxi will only change these General Conditions in consultation with the Consumers’ Association.
2. Invalidity of one of the provisions or paragraphs thereof in these General Terms and Conditions does not affect the validity of the other provisions or the other paragraphs. In that case, the invalid provisions or members thereof will be replaced by new provisions or members that correspond as much as possible to the old invalid provisions or paragraphs in terms of content, scope and purpose.
3. All Transport Agreements to which these conditions have been declared applicable are subject to Dutch law.
4. These General Terms and Conditions are public.
5. Carrier is obliged to disclose the way in which Passenger / Client can obtain these Conditions at his request.
6. If requested, these terms and conditions are also available free of charge from the carrier and can be consulted via the internet, including at www.knv.nl