General Terms and Conditions

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General terms and conditions for cab transport TCS Netherlands

Filed by Royal Dutch Transport at the Registry of the District Court in The Hague on June 22, 2006, deed number 50/2006, to replace and succeed the General Conditions for Taxi Transport previously filed by Royal Dutch Transport dated March 20, 2003, deed number 31/2003. These general conditions of the association KNV Taxi were established in March 2006 in consultation with the Consumers’ Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social Economis che Council and will take effect as of July 2006. The CZ appreciates it if such is stated when quoting from these General Terms and Conditions.

Article 1: Definitions.

In these General Terms and Conditions of Taxi Transportation, the following definitions shall apply:

  1. Cab transport: all agreed passenger transport by Car as referred to in article 1 sub f. of the 2000 Passenger Transport Act, where the fare is agreed in advance or determined by using the taximeter. Transportation also includes boarding and alighting.
  2. Transportation Agreement: the agreement entered into between Passenger/Client and Carrier to provide cab transportation.
  3. Cab stand: a portion of the road open to public traffic designated by the road authority as a parking space for cabs
  4. Car: motor vehicle, as referred to in Article 1 f. of the 2000 Passenger Transport Act.
  5. Passenger: the person transported by Carrier.
  6. Client: the natural or legal person who enters into a Transport Contract with Carrier.
  7. Assignment:a. An order from a natural person to a Carrier waiting for passengers at a Taxi Stand;
    b. any other assignment from a Passenger/Client to Carrier, in any form.
  8. Carrier: the natural or legal person, 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 are on duty on its behalf in a Carrier’s means of transport or a means of transport made available to Carrier.
  10. Hand Luggage: luggage which a Passenger carries as easily carried, portable or wheeled, including live animals, as well as objects which the Carrier allows as hand luggage.

 

Article 2: Scope of General Terms and Conditions

These General 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 Conditions.

 

Article 3: Formation of Transport Agreement.

A Transport agreement shall come into effect upon acceptance by Carrier of a Commission. In the event of a commission as referred to in Article 1 under 7a, Carrier shall be obliged, subject to the provisions of Article 7 sixth paragraph, to accept this commission. The obligations of Carrier also apply against the Passenger who is not acting as Client. By accepting the journey, Passenger becomes a party to the Transport Agreement.

 

Article 4: Termination of Transportation Agreement.

  1. Carrier may immediately discontinue the continuation of the ride and thus terminate the Transportation Agreement, if the Passenger causes such a nuisance that Carrier cannot reasonably be required to transport the Passenger. In such a case, Carrier may order the Passenger to leave the vehicle immediately.
  2. Carrier, in a case as referred to in paragraph 1, is not obliged to compensate the Passenger for any damage
  3. Upon premature termination, if the fare is established via the taximeter, Passenger shall owe the amount indicated by the taximeter at the time of termination of the trip. In the event that a fare has been agreed upon prior to the commencement of the trip, Passenger shall owe a proportional part thereof, in compensation for the part of the trip already driven.
  4. Passenger/Client may waive the trip ordered from Carrier prior to commencement. In such a case, the Passenger/Client shall be liable to compensate the Carrier in accordance with reasonableness and fairness.
  5. In the event that the carrier fails to appear on an ordered trip as agreed, the traveler is entitled to compensation based on reasonableness and fairness in the event of demonstrable damage.

 

Article 5: Passenger’s obligations and powers.

  1. Traveler is held:

a. Follow any directions or instructions reasonably given by Carrier, such as sitting in the seat designated by Carrier;
b. Fasten the seat belt prior to driving. A validly imposed fine resulting from the Traveler’s failure to comply with this obligation may be recovered from the Traveler.

2. Traveler is obliged to refrain in the Car from:

a. Damage and/or contamination of the Car;
b. The consumption of alcoholic beverages, except with the express permission of Carrier;
c. Carrying and/or using narcotics;
d. Using smoking materials, except with the express permission of Carrier;
e. Aggression, engaging in hand-holding, harassing, threatening, or otherwise behaving improperly toward Carrier and/or others;
f. Obstructing Carrier in any way in the performance of its duties.

  1. Passenger is required to pay either the pre-arranged fare or the fare determined by the taxi meter.
  2. If before or during the journey, circumstances arise or emerge on the part of Carrier which Passenger did not have to be aware of at the time of concluding the agreement, but which, had he been aware of them, would have provided reasonable grounds for him not to enter into the Transport agreement or to do so under different conditions, Passenger shall be authorized to terminate the agreement. Termination shall be by oral or written notice and the agreement shall terminate upon receipt thereof. By the standards of reasonableness and fairness, after termination of the Transport Agreement, the parties are obliged to compensate each other for the damage suffered as a result.
  3. Passenger shall be authorized to change the final destination of the ride in the interim; subject to the provisions of paragraph 3.
  4. If Passenger chooses to open the door himself, he is obliged to open the door in such a way that no hindrance and/or danger to traffic is caused.

 

Article 6: Payment

  1. Payments by Passenger/Client to Carrier must be made in cash by a means of payment generally accepted in the Netherlands, including generally accepted forms of electronic payment, unless otherwise agreed.
  2. Carrier shall be entitled to promote to Passenger/Client that cash payments be made in appropriate currency. Carrier is not obliged to accept as payment a quantity of coins, the counting of which causes a disproportionate delay.
  3. Carrier will send an invoice to Traveler/ Client if cash payment has not been agreed upon.
  4. Payment by Traveler/Client shall be made without any discount, suspension or set-off within 30 days of invoice date. If this period is exceeded, Traveler is in default and costs may be charged in accordance with legal regulations.
  5. Carrier shall at all times be entitled to set off its claims against Reizi ger/Client against its debts to Passenger/Client.
  6. Performance under the Transport Agreement shall be based on tariffs as established by Carrier and made known in advance to Passenger/Client.

 

Article 7: Obligations and powers of Carrier

  1. Carrier is obliged to carefully and safely transport the Passenger, as well as the luggage carried by him.
  2. Carrier shall be obliged to take the Passenger to the destination in accordance with the route most favorable to the Passenger, whether by the fastest or most economically advantageous route, unless the Passenger or the control room/central station expressly requests or instructs a different route.
  3. Carrier shall be obliged to assist Passenger in boarding and disembarking as well as loading and unloading luggage, unless this is completely impossible for (traffic) technical reasons.
  4. When using the taxameter, Carrier is obligated to leave the taxameter reading at the end of the trip for such time that Passenger has had a reasonable opportunity to ascertain the reading.
  5. Carrier shall be obliged to provide the Passenger, upon request, with a receipt showing at least the fare, name of company, name of driver, date and (global) time of the trip.
  6. Carrier shall be authorized to deny Passenger who does not comply with the provisions of these General Conditions access to the means of transport, or to remove him (or have him removed) from the means of transport, if Carrier cannot reasonably be required to transport this Passenger. Article 4 applies mutatis mutandis.
  7. Carrier is obliged to treat with care the personal data obtained in connection with booking of rides or otherwise in accordance with the Personal Data Protection Act.
  8. Carrier shall be authorized, if serious circumstances require it to do so, to discontinue transportation in whole or in part. Carrier shall inform the Passenger as soon as possible of the discontinuance and if possible of the reasons, the measures to be taken by him and the possible duration. Upon early termination, if the fare is established via the taximeter, Passenger shall owe the amount indicated by the taximeter at the time of termination of the trip. In the event that a fare has been agreed upon prior to the commencement of the trip, the Passenger shall owe a proportionate part of that agreed fare for the part of the trip that has since been performed.

 

Article 8: Hand Luggage

  1. Traveler is required to properly pack his Hand Luggage.
  2. Carrier has the right to refuse the transportation of hand luggage, which by its nature is or may be inconvenient, dangerous or prohibited, or may cause damage or contamination.
  3. Such a situation occurs in any case if Hand Luggage consists of:
    1. Firearms, striking and/or stabbing weapons;
    2. Explosives;
    3. Compressed gases in reservoirs;
    4. Substances susceptible to self-ignition or highly flammable;
    5. Strong or malodorous substances;
    6. Narcotics;
    7. Ammunition.
  4. Carrier is obligated to use reasonable care so that Traveler’s Hand Luggage is not lost or damaged.

 

Article 10: Lost and found

1. With regard to found objects, subject to the general legal provisions relating to the obligation 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 authorized to accept for safekeeping any object or sum of money so found against delivery of evidence. If the finder holds the found object or sum of money, he is obliged to do all that can reasonably be required of him to find the owner or loser.
  2. Carrier is authorized to sell an object found by Personnel or found by another and handed over to it after three months or, if the object is not suitable for safekeeping, earlier, insofar as it concerns non-precious items.
  3. Carrier is obligated to surrender a found object, the proceeds of an object sold pursuant to paragraph b, or the amount of a found sum of money to the rightful owner, if the latter presents himself within three years after notification of loss. If the rightful claimant claims the proceeds from the sale of a found object, the carrier may offset the custodial and administrative fees due against those proceeds.
  4. Carrier may charge an administrative fee for processing a request related to a lost item or sum of money.

 

Article 11: Cancellation

  1. Passenger/Client shall be entitled to cancel the previously concluded Transportation Agreement with previously agreed fare by oral or written notice:
    1. If the cancellation occurs between 21 and 14 days before the commencement of transportation, Passenger/Client shall owe to carrier: 10% of the agreed fare;
    2. If the cancellation occurs between 14 and 2 days before the commencement of transport, Passenger/ Client shall owe to Carrier: 35% of the agreed fare;
    3. If the cancellation occurs no more than 2 days before the commencement of transport, Passenger/ Client shall owe to Carrier: 75% of the agreed fare;
    4. If cancellation occurs during transportation: the full fare.
  2. If Passenger demonstrates that the damages suffered by Carrier are less than the amount resulting from application of paragraph 1, those lower costs shall be calculated.

 

Article 12: Force Majeure

  1. If Carrier cannot fulfill its obligations to Passenger/Client due to a non-attributable failure (force majeure), fulfillment of those 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 is it for its account by virtue of the law, legal act or generally accepted practice.
  2. In the event of force majeure, Traveler/Client shall not be entitled to any compensation. If a shortcoming cannot be attributed to the Carrier, but he enjoys an advantage in connection with that shortcoming which he would not have had in the event of proper compliance, the Passenger shall be entitled to compensation for his damages up to a maximum of the amount of that advantage, applying the rules on unjustified enrichment.

 

Article 13: Liability of Carrier.

  1. Carrier is liable for damages caused by death or injury to the Passenger as a result of an accident that happened to the Passenger in connection with and during transportation. Carrier is not liable if the accident was caused by a circumstance that a careful Carrier could not have avoided and whose consequences Carrier could not have prevented. The compensation that Carrier may be liable to pay in said circumstances is limited by law to an amount of €137,000 per Passenger.
  2. Carrier is liable for damage caused by total or partial loss or damage to hand luggage, to the extent that such loss or damage occurred during transportation and was caused:a. due to an accident occurring to Passenger that is the responsibility of Carrier or due to a circumstance that a careful Carrier could have avoided or of which such Carrier could have prevented the consequences. The compensation that the Carrier may be liable for in the event of loss or damage to Hand Luggage is limited by law to an amount of €1,000.00 per Passenger.
  3. In case of delay, Carrier is legally liable up to a maximum of € 1,000.

 

Article 14: Liability of Traveler

Passenger shall in principle be obliged to compensate Carrier for any damage caused by him or his luggage to Carrier, except insofar as such damage is caused by a circumstance which a prudent Passenger could not have avoided and insofar as such Passenger could not have prevented the consequences thereof. Traveler cannot claim the quality or defect of his luggage.

 

Article 15: Insurance

  1. Passenger/Client may instruct Carrier to take out insurance at its expense to cover the risks for which Carrier is not liable.
  2. If Passenger/Client has instructed Carrier to take out such, or very limited, insurance and Carrier has accepted and confirmed the assignment, Carrier shall be liable for damages, which result for Passenger/Client from not carrying out the assignment given to Carrier.
  3. In the event of very valuable Hand Luggage, Carrier may require Passenger/Client to take out proper travel and luggage 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 execution of the Transport Agreement must be submitted fully and clearly described to Carrier within 6 weeks after Passenger/Client has observed or could have observed the defects. Failure to file the complaint in a timely manner may result in the Passenger/Client losing its rights in the matter.
  2. Disputes between Passenger/Client and Carrier concerning the conclusion or execution of agreements relating to services to be provided or delivered by this Carrier may be submitted by both Passenger/Client and Carrier to the Geschillencommissie Taxivervoer, PO Box 90600, 2509 LP The Hague.
  3. A dispute will only be considered by the Disputes Committee if Passenger/ Client has first submitted his complaint to Carrier.
  4. After the complaint is submitted to Carrier, the dispute must be submitted in writing to the Disputes Committee no later than three months after it arises.
  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 express its agreement within five weeks. Carrier shall thereby announce that after the expiration of the aforementioned period it will consider itself free to submit the dispute to the ordinary courts.
  6. The Disputes Committee shall rule in accordance with the provisions of the regulations applicable to it. The rules of the Disputes Committee will be sent upon request. The decisions of the Disputes Committee shall be by way of a binding opinion. A fee is payable for handling a dispute.
  7. Only the Dutch court or the aforementioned disputes committee is authorized to take cognizance of disputes.
  8. Carrier shall make every effort, partly to prevent disputes, in the event of complaints by Passenger, to deal with them seriously and reasonably to the satisfaction of Passenger.
  9. In the event that parties fail to reach a conclusion, Carrier shall inform complaining Passenger of the possibility of submitting the dispute thus created to the Disputes Committee referred to in paragraph 2.
  10. Passenger, in the event he holds Carrier liable for damages, must report these damages to Carrier in writing as soon as possible. The nature and extent of the damage should be approximate at this point.

 

Article 17: Other conditions

  1. KNV Taxi and Taxi Centrale Schiphol will only amend these General Terms and Conditions in consultation with the Consumers’ Association.
  2. Nullity of any of the provisions or paragraphs thereof in these Terms and Conditions shall not affect the validity of the remaining provisions or paragraphs. If so, the null and void provisions or paragraphs thereof shall be replaced by new provisions or paragraphs that correspond as closely as possible to the old null and void provisions or paragraphs in terms of content, scope and objective.
  1. All Transport Agreements to which these terms and conditions are declared applicable are subject to Dutch law.
  2. These Terms and Conditions are publicly available.
  3. Carrier shall be obliged to publicize the manner in which Passenger/Client may obtain these Conditions upon request.
  4. Upon request, these conditions are also available free of charge from the carrier and can be accessed via the Internet, including at www.Tcschiphol.nl.