These general terms and conditions of the KNV Taxi association were drawn up in March 2006 in consultation with the Consumers' Association in the context of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force in July 2006. The CZ would appreciate it if this is mentioned in a quotation from these General Terms and Conditions.
Article 1: Definitions
In these General Conditions for Taxi Transport, the following definitions apply:
1. Taxi transport: all agreed passenger transport by Car
as referred to in Article 1 under f. of the 2000 Passenger Transport Act,
whereby the fare has been agreed in advance or is determined by
determined by using the taximeter. Transport includes
boarding and alighting from the vehicle.
2. Transport agreement: the agreement concluded between Passenger/Client and
Carrier to provide taxi transport.
3. Taxi rank: a part of the road open to public traffic and
open to public traffic that has been designated by the road manager as a
parking place for taxis.
4. Car : motor vehicle, as referred to in article 1 sub f. of the Wet
Passenger Transport Act 2000.
5. Passenger: the person transported by Carrier.
6. Client: the natural or legal person who enters into a
Transport agreement with Carrier.
7. Assignment: ?a. an assignment by a natural person to a
Carrier who waits for passengers at a Taxi rank; ? b. any
other assignment from a Passenger/Client to Carrier,
in any form whatsoever.
8. Carrier: the natural person or legal entity, including its
Carrier: the natural person or legal entity, including its Personnel, who undertakes to transport
transport persons by Car.
9. Personnel: members of personnel employed by Carrier including
9. Personnel: Staff employed by Carrier including auxiliary staff, who are not in the employ of Carrier but are
serve on his instructions in a means of transport belonging to Carrier or
a means of transport made available to Carrier.
10. Hand baggage: baggage which a Passenger considers easy to carry, portable or wheeled.
hand baggage: baggage which a Passenger has with him as easy to carry, portable or movable, including
including live animals, as well as objects which the
Carrier as hand baggage.
Article 2: Scope of application of 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 15 of these General
terms and conditions.
Article 3: Realisation of Transport agreement
A Transport agreement is realised after acceptance of a Commission by Carrier. In the event of a
in Article 1 under 7a, Carrier shall be obliged, notwithstanding the provisions of Article 7 sixth paragraph,
to accept this commission. The obligations of Carrier shall also apply in relation to the Passenger who is not acting as
Client. By accepting the journey, Passenger becomes a party to the Transport agreement.
Article 4: Termination of Transport agreement
1. Carrier may immediately discontinue the continuation of the journey and thus
terminate the Transport agreement, if the Passenger
causes such hindrance that it cannot, in all reasonableness, be demanded of the
Carrier cannot reasonably be required to transport the Passenger.
Carrier may in that case order the Passenger to leave the vehicle
leave the vehicle immediately.
2. In a case as referred to in paragraph 1, Carrier shall not be obliged
compensate the Passenger for any damage.
3. In the event of premature termination, Passenger shall, in the event that the fare is arrived at
In the event of premature termination, Passenger shall owe the amount indicated by the taxameter at the time of
indicates at the time of termination of the journey. In the event
In the event a fare has been agreed before the start of the journey, Passenger shall owe a
proportionate part thereof, as compensation for the already
part of the journey already driven.
4. Passenger/Client may, before commencement of the journey with Carrier
trip ordered from Carrier. In such a case, the
Passenger/Client shall be obliged to pay compensation in accordance with
reasonableness and fairness to the Carrier.
5. In the event that Carrier does not appear at an ordered journey as agreed
In the event that Carrier does not appear as agreed for a journey which has been ordered, Passenger shall, in the event of demonstrable damage, be entitled to fair and reasonable compensation.
compensation based on reasonableness and fairness.
Article 5: Obligations and powers of Passenger
1. Passenger shall be obliged to:?a. follow any reasonable
follow any directions or instructions reasonably given by Carrier, such as taking up
sit in the seat designated by Carrier;?b. put on the
put on his seat belt prior to the journey. A validly
penalty imposed as a result of the Passenger not complying with this
obligation may be recovered from the Passenger.
2. Passenger is obliged to refrain in the Car from:?a.
Damage to and/or contamination of the Vehicle;?b. The consumption of
alcoholic drinks, unless with the express permission
of Carrier;?c. carrying and/or using narcotics;?d. using alcoholic drinks, unless expressly authorised by Carrier.
substances;?d. using smoking materials;?e. aggression, committing
assault, harassment, threatening, or any other improper
other improper behaviour towards Carrier and/or others;?
others;?f. obstructing Carrier in any way in the performance of its duties.
carrying out his task.
3. Passenger shall be obliged to pay either the previously agreed fare,
Passenger shall be obliged to pay either the fare agreed in advance or the fare determined by the taxameter.
4. Where before or during the journey, circumstances on the part of
4. Where circumstances arise or emerge on the part of Carrier before or during the journey which Passenger could not have been
conclusion of the agreement, but which,
if he had been aware of them, would have given him a reasonable
not to enter into the Transport agreement or to do so
Passenger shall be authorised to terminate the agreement.
Agreement. Termination shall be effected by
verbal or written notice, and the agreement shall end
upon receipt thereof. By the standards of
reasonableness and fairness, after termination of the
Transport Agreement shall be obliged to compensate each other for the damage
compensation.
5. Passenger shall be authorised to change the final destination of the journey in the interim, with
Passenger shall be authorised to change the final destination of the journey prematurely, subject to the provisions of paragraph 3.
6. If Passenger chooses to open the gate himself, he must
If Passenger chooses to open the door himself, he shall be obliged to open the door in such a way as not to cause hindrance and/or
danger to traffic.
Article 6: Payment
1. Payments by Passenger/Client to Carrier must be
cash using a means of payment generally accepted in the Netherlands, including
including generally recognised forms of electronic payment, unless agreed otherwise.
payments, unless agreed otherwise.
2. Carrier shall be authorised to promote to Passenger/Client
that cash payments are made in exact money. Carrier
shall not be obliged to accept a quantity of coins as payment
counting of which causes a disproportionate delay.
3. Carrier shall send an invoice to Passenger/Client if
cash payment has not been agreed. Payment by
Passenger/Client shall be paid without any discount, suspension or
payment within 14 days of the invoice date.
If this term is exceeded, Passenger shall be in default and
costs may be charged in accordance with the statutory regulations.
charged.
4. Carrier shall at all times be entitled to offset its claims on
Passenger/Client with its debts to Passenger/Client.
Passenger/Client.
5. Performance under the Transport agreement shall take place on the basis of
Implementation of the Transport agreement shall be based on tariffs as established by Carrier and communicated
made known in advance to Passenger/Client.
6. Administration costs?When driving on account, there shall be an increase of
When travelling on account, an amount of € 0.60 including V.A.T. shall be charged per account voucher.
Article 7: Obligations and powers of Carrier
1. Carrier shall be obliged to treat the Passenger, as well as the Hand Luggage
Carrier shall be obliged to transport the Passenger and the hand baggage he is carrying carefully and safely.
transport.
2. Carrier shall be obliged to take the Passenger to the destination
Carrier shall be obliged to take the Passenger to the destination
or economically most advantageous route, unless the Passenger or the control room/centre expressly requests otherwise.
control room/centre expressly requests or instructs a different route.
to drive along a different route.
3. Carrier shall be obliged to assist Passenger in getting in and out of
Carrier shall be obliged to assist Passenger in embarking and disembarking as well as loading and unloading hand baggage, unless this is
is absolutely impossible for (traffic) technical reasons.
4. When using the taxameter, Carrier shall be obliged to indicate the position of the
4. When using the taxameter, Carrier shall be obliged to leave the position of the taxameter at the end of the journey for long enough for Passenger
could reasonably have been aware of the reading.
5. Carrier shall be obliged to provide Passenger, at his request, with a
5. Carrier shall be obliged to provide Passenger, at his request, with proof of payment showing at least the fare, name of
company, name of driver, date and (approximate) time of the journey.
mentioned.
6. Carrier shall be authorised to exclude Passenger who does not comply with the provisions of
these General Terms and Conditions, to deny access to the
to deny access to the means of transport, or to remove him from the means of
(remove him or have him removed from the vehicle, if Carrier cannot reasonably be
Article 4 shall apply mutatis mutandis.
Article 4 shall apply mutatis mutandis.
7. Carrier shall be obliged to treat with care the personal
data obtained in connection with booking of journeys or otherwise in accordance with
in accordance with the Personal Data Protection Act.
8. Carrier shall be authorised, if serious circumstances so require
8. Carrier shall be authorised, if serious circumstances so necessitate, to discontinue transport in full or in part.
Carrier shall inform Passenger as quickly as possible of the suspension and, if possible, of the reasons for it.
and, if possible, the reasons, the measures it will take and the possible duration.
possible measures to be taken by him and the possible duration.
Passenger, in case the fare is established via the taxameter, the
amount indicated by the taxameter at the time of termination
of the trip. In the event that a fare has been
price is agreed, Passenger shall owe a proportionate amount for the part of the trip which has already been
that has since been performed, a proportionate part of that
agreed fare.
Article 8: Hand Luggage
1. Passenger shall be obliged to pack his Hand Luggage properly.
2. Carrier shall be entitled to prevent the transport of hand baggage which by its nature
Carrier shall be entitled to prevent the transport of hand baggage which by its nature is or could be
cause damage or contamination, be refused.
refuse. Such a situation will occur in any case
If hand baggage consists of:?a. firearms, striking and/or
weapons;?b. explosive substances;?c. compressed gases in
reservoirs;?d. spontaneously combustible or highly inflammable
substances;?e. strong or bad smelling substances;?f. narcotic
substances;?g. ammunition.
3. Carrier shall be obliged to use reasonable care so that
Hand Luggage of Passenger is not lost or damaged.
Article 9: Carriage of animals
1. Live animals may, subject to the provisions of the following paragraph of
of this Article, live animals may be transported in an easily portable basket, bag or similar object
such an object which can be put down or held on the lap.
lap. However, dogs may also be
otherwise, provided they are kept on a short leash.
2. The animals referred to in the first paragraph may not be carried
The animals referred to in the first paragraph may not be taken along if they could cause any form of inconvenience or nuisance to the Passenger or the
The animals referred to in the first paragraph may not be taken along if they could in any way be a nuisance or a nuisance to the Passenger or the
serious illness.
Article 10: Lost property
With regard to found property, in compliance with the general legal provisions regarding
of the duty to declare and report and to give and take into custody, the following shall apply:
1. Passenger shall be obliged to notify Carrier as soon as possible
of any object or sum of money found by him.
Carrier shall be authorised, against submission of proof, to deposit an object or sum of
object or sum of money found in this way. If the finder
keeps the found object or sum of money in his possession, he shall be obliged
obliged to do everything that can reasonably be demanded of him to inform the
to find the owner or loser.
2. Carrier shall be authorised to recover an object found by Personnel or found by another
other and handed over to him after three months
or, if the object is not suitable for keeping, earlier, to
sale, insofar as it concerns non-precious items.
3. Carrier shall be obliged to sell a found object, the proceeds of
object sold pursuant to paragraph b or the amount of a
amount of money found to the entitled party, if this party
presents himself within three years after notification of loss.?If the
entitled party claims the proceeds from the sale of a found
object, the carrier may offset the storage fee due
and administration costs from those proceeds.
4. Carrier may, for processing a request relating to
in relation to a lost object or sum of money
charge administration costs.
Article 11: Cancellation
1. Passenger/Client shall be entitled to cancel the previously concluded
Transport agreement concluded in advance with a previously agreed fare
by means of oral or written notification:
?a. if the cancellation takes place between 21 and 14 days before
start of the transport, Passenger/Client shall owe to carrier
10% of the agreed fare to the carrier; ?
cancellation occurs between 14 and 2 days before commencement of transport
transport, Passenger/Client shall owe to Carrier:
35% of the agreed fare;?c. if the cancellation occurs
takes place no more than 2 days before commencement of transport, Passenger/Client shall owe
Passenger/ Client shall owe to Carrier: 75% of the
agreed journey price; d. if the cancellation takes place during
the transport: the full journey price.
2. In the event that Passenger demonstrates that the damage suffered by Carrier
is less than the amount resulting from application of paragraph 1,
those lower costs shall be calculated.
Article 12: Force majeure
1. In the event that, due to a non-attributable breach
(force majeure) cannot comply with its obligations to
Passenger/Client, fulfilment of those obligations shall be suspended for the duration of the force majeure situation.
obligations shall be suspended for the duration of the force majeure situation.
A shortcoming cannot be attributed to Carrier
if it is not due to its fault, nor pursuant to the
law, legal act or generally accepted views for
its account.
2. In the event of force majeure, Passenger/Client shall not be entitled to
any compensation for damages. In the event that a breach cannot be attributed
cannot be attributed to the Carrier, but he enjoys an advantage in relation to that
benefit which he would not have had in the event of proper compliance, the
would not have had, the Passenger shall be entitled, with application of the
rules on unjust enrichment, the Passenger shall be entitled to
compensation for his loss up to a maximum of the amount of this
advantage.
Article 13: Liability of Carrier
1. 1. Carrier shall be liable for damages caused by
death or injury to the Passenger as a result of an accident which occurs in
connection with and during transport has happened to the Passenger.
Carrier shall not be liable if the accident is caused
by a circumstance which a careful Carrier could not
could have avoided and the consequences of which Carrier could not have
prevented.?The compensation which Carrier may be liable to pay in
said circumstances may be due is legally
limited to an amount of € 137,000 per Passenger.
2. 2. Carrier shall be liable for damage caused by total
or partial loss of or damage to hand baggage,
insofar as this loss or this damage occurred during
transport and is caused: a. by an accident involving the Passenger
accident which is for the account of Carrier or ?b.
by a circumstance which a careful Carrier could have
Carrier could have avoided or prevented the consequences.
The compensation which Carrier
may be due in the event of loss of or damage to
Hand Luggage is limited by law to an amount of €1,000 per
Passenger.
Article 14: Liability of Passenger
Passenger shall in principle be obliged to compensate Carrier for any damage which he or his Hand Luggage causes Carrier
except in so far as this damage is caused by a circumstance which a prudent Passenger could not have
could have avoided and insofar as such a Passenger?could not have prevented the consequences thereof.
Passenger cannot invoke the quality or a defect of his Hand Luggage.
Article 15: Complaints and disputes
1. Complaints about the conclusion and execution of the
Transport agreement must be fully and clearly described
be submitted to Carrier within 6 weeks of
Passenger/Client has observed or could have observed the?defects.
could have observed. Failure to submit the complaint in good time may result
Passenger/Client may lose his rights in this regard.
2. Disputes between Passenger/Client and Carrier about the
conclusion or execution of agreements relating to
concerning services to be provided or delivered by this Carrier
Disputes between Passenger/Client and Carrier concerning the conclusion or performance of agreements relating to services to be provided or to be provided by this Carrier may be brought before the
Carrier to the Geschillencommissie
Taxi Transport, PO Box 90600, 2509 LP The Hague.
3. A dispute shall only be dealt with by the Disputes Committee if Passenger/Client
A dispute shall only be dealt with by the Disputes Committee if Passenger/Client has first submitted his complaint to Carrier.
has first submitted his complaint to Carrier.
4. After the complaint has been submitted to Carrier, the dispute must be
be submitted in writing to the Disputes Committee no later than three months after it has arisen.
Disputes Committee.
5. Where Passenger submits a dispute to the Disputes Committee,
Carrier shall be bound by this choice. If Carrier wishes to
do so, he must ask Passenger in writing to state within five weeks whether he agrees to this.
whether he agrees to this. In doing so, Carrier must
announce that, upon expiry of the aforementioned period, it
period, it shall consider itself free to submit the dispute to the ordinary courts.
court.
6. The Disputes Committee shall rule in accordance with the
provisions of the regulations applicable to it. The regulations
of the Disputes Committee shall be sent on request. The
decisions of the Disputes Committee are made by way of a
binding advice. For the handling of a dispute, a
payable.
7. Only the Dutch court or the above-mentioned disputes
7. Only the Dutch court or the aforementioned arbitration committee is authorised to take cognisance of disputes.
8. Carrier shall make every effort, partly in order to prevent disputes,
complaints by Passenger to deal with them seriously and to the satisfaction of
to the satisfaction of Passenger.
9. In the event that parties cannot reach a settlement, Carrier shall
complaining Passenger of the possibility of referring the dispute thus created to the Disputes
dispute to the Disputes Committee referred to in paragraph 2.
10. Passenger must, in the event that he holds Carrier liable for
damage, report this damage in writing to
Carrier as quickly as possible. The nature and extent of the damage must
be indicated approximately.
Article 16: Other conditions
247TaxiRotterdam N.V. shall only amend these General Conditions in
consultation with KNV Taxi and the Consumers' Association.
2. Nullity of one of the provisions or members thereof in these
Nullity of one of the provisions or paragraphs thereof in these General Terms and
nullity 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
provisions or paragraphs thereof shall be replaced by new
provisions or paragraphs which in terms of content, scope and objective
correspond as closely as possible to the old void provisions or paragraphs.
3. All Transport agreements to which these terms and
are declared applicable shall be subject to Dutch law.
4. These General Terms and Conditions are in the public domain.
5. Carrier shall be obliged to publicise the manner in which
Passenger/Client can obtain these Conditions at his request.
obtain.