General Terms and Conditions for Taxi Transport
filed by Koninklijk Nederlands Vervoer at the registry of the district court in The Hague on September 25, 2014, deed number 47/2014.
These general terms and conditions come into effect as of October 2014.
PRETAXI
Daalakkersweg 2 178
5641 JA Eindhoven
Chamber of Commerce: 52931986,
VAT: 850 6712 31B01
Tel: +31(0) 402 405 060
Email: info@pretaxi.com
General Terms and Conditions for Healthcare Transport and Taxi filed by Royal Dutch Transport at the registry of the court in The Hague on December 10, 2019, deed number 35/2019. These general terms and conditions come into effect on January 1, 2020.
Article 1: Definition
In these General Terms and Conditions for Taxi Transport, the following definitions apply:
1. Taxi transport/Care transport: all agreed passenger transport by car as referred to in Article 1 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 disembarking.
2. Transport Agreement: the agreement concluded between the Traveler/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 of the Passenger Transport Act 2000.
5. Traveler: the person transported by Carrier.
6. Client: the natural or legal person who enters into a Transport Agreement with the Carrier.
7. Assignment:
- an order from a natural person to a Carrier who awaits travelers at a Taxi Stand
- any other assignment from a Traveler/Client to Carrier.
8. Carrier: the natural person or legal entity, a member of KNV Zorgtransport en Taxi, or having a valid TX Quality Mark, including his/her Driver(s) of the car(s), who undertakes to transport people by car.
9. Driver: driver of the car used for taxi transport (the taxi driver) employed by the Carrier, including other Drivers of the car who are not employed by the Carrier but do serve on its behalf in a means of transport of Carrier or a means of transport available to Carrier
stated.
10. Hand luggage: luggage that a Traveler carries with him or her in a manner that is easy to carry, portable or mobile, including live animals, as well as other objects that are permitted by the Carrier as hand luggage.
11. Taxameter: device in the car that indicates the transport price in accordance with the published rates. The taximeter must be visibly present.
12. TX-Keur Foundation: Foundation that grants and manages the TX-Keur quality mark.
13. KNV Zorgtransport en Taxi: Employer’s organization of which the carrier is a member.
Article 2: Scope of application 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 Healthcare Transport and Taxi Disputes Committee, as referred to in Article 14 of these general terms and conditions.
Article 3: Establishment of Transport Agreement
1. A Transport Agreement is concluded by acceptance by the Traveler/Client of the Carrier’s offer.
2. If there is an Order as referred to in Article 1, paragraph 7a, the Carrier is obliged to accept this order, subject to the provisions of Article 4, paragraph 1.
3. The Carrier’s obligations, including Article 7, also apply to the Traveler who does not act as a Client.
Article 4: Termination and cancellation of Transport Agreement
1. The Carrier may immediately discontinue the journey and thus terminate the Transport Agreement if the Traveler causes such inconvenience that the Carrier cannot reasonably be expected to do so.
required to transport the Traveler (further). In that case, Carrier may order the Traveler 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, the Traveler owes the amount indicated by the Taxameter at the time of termination of the ride, if the fare is determined via the Taxameter. If a fare has been agreed before the start of the journey, the Traveler/Client is liable to pay a proportionate part of the previously agreed price, as compensation for the part of the journey already driven.
4. Traveler/Client can cancel the ride ordered from Carrier before the start. In such a case, the Traveler/Client is obliged to compensate the Carrier in reasonableness and fairness if there is demonstrable damage. This also applies if the Traveler does not appear at the place agreed with the Carrier.
5. In the event that the Carrier does not appear as scheduled for an ordered ride, the Traveler is entitled to compensation based on reasonableness and fairness in the event of demonstrable damage.
Article 5: Obligations and powers – Traveler
1. Traveler is obliged:
a. to follow any reasonable directions or instructions given by Carrier, such as taking a seat at the seat designated by Carrier;
b. put on your seat belt prior to the ride. A fine resulting from the Traveler’s failure to comply with this obligation can be recovered from him.
2. Traveler is obliged to refrain 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;
e. aggression, assault, harassing, threatening or otherwise behaving inappropriately towards Carrier and/or others;
f. hindering Carrier in any way in the performance of his duties.
3. The traveler is obliged to pay either the pre-agreed fare or the fare determined by the Taxameter.
4. If, before or during the journey, circumstances arise or emerge on the part of the Carrier, which the Passenger did not need to know when concluding the agreement, but which, if they had been known to him, would reasonably have been a cause for concern. If the Transport Agreement is not entered into or under different conditions, the Traveler is entitled to terminate the agreement. The cancellation takes place by means of an oral or written notification from the Traveler and the agreement ends upon receipt thereof by
carrier. In accordance with the standards of reasonableness and fairness, after termination of the Transport Agreement, the parties are obliged to compensate each other for any damage suffered as a result.
5. The traveler is entitled to change the final destination of the journey in the meantime; this in accordance with the provisions of paragraph 3.
6. If the Traveler chooses to open the door himself, he or she is obliged to open the door in such a way that no nuisance and/or danger is created for traffic.
Article 6: Payment
1. Execution on the basis of the Transport Agreement takes place on the basis of the Passenger Transport Act 2000 and correctly announced rates, as determined by the Taximeter or where the fare
agreed in advance.
2. Payments by the Traveler/Client to the Carrier must be made in cash using a payment method generally accepted in the Netherlands, including generally recognized forms of electronic payments, unless otherwise agreed.
3. Carrier is entitled to encourage the Traveler/Client to make cash payments in exact money. Carrier is not obliged to accept a quantity of coins as payment if counting them causes a disproportionate delay.
4. a. If the Traveler/Client, insofar as he was not acting in the exercise of a profession or business, does not fulfill his payment obligation(s) in a timely manner, he will be liable, after having been informed by the Carrier of the late payment and the Carrier has granted him a period of 14 days to still meet his payment obligations, after the expiry of this 14-day period, statutory interest will be owed on the amount still owed and the Carrier is entitled to charge the extrajudicial collection costs incurred by him to bring. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500, 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The Carrier may deviate from the amounts and percentages mentioned for the benefit of the Traveler/Client as referred to in this paragraph.
b. Insofar as the Traveler/Client acted in the exercise of a profession or business, Carrier is entitled to reimbursement of the extrajudicial (collection) costs, which costs in that case, in deviation from Article 6:96 paragraph 4 of the Dutch Civil Code and in deviation from the Reimbursement Decree. for extrajudicial collection costs
set at an amount equal to 15% of the total outstanding principal amount with a minimum of € 75 for each partially or fully unpaid invoice.
5. Parties are entitled to settle mutual claims.
Article 7: Obligations and powers – Carrier
1. Carrier is obliged to transport the Traveler and the Hand Luggage carried by him in a careful and safe manner.
2. Carrier is obliged to take the Traveler to the destination according to the route most favorable to the Traveler: either via the fastest or most economically advantageous route, unless the Traveler or the control room/central expressly requests or instructs to drive along a different route .
3. Carrier is obliged to assist the Traveler in boarding and disembarking as well as in loading and unloading Hand Luggage, unless this is impossible for (traffic) technical reasons.
4. When using the Taxameter, the Carrier is obliged to leave the Taxameter reading at the end of the journey for such a long time that the Passenger can reasonably be aware of the reading.
5. The Carrier is obliged, as prescribed in Article 1c of the Maximum Rate Regulation and publication of taxi transport rates, to provide the Traveler with proof of payment containing at least the information prescribed there, such as the fare and rates applied, the distance driven, name, address and company permit number, vehicle registration number, date and start and end time of the trip.
6. Carrier is obliged to handle personal data obtained in connection with the booking of rides or otherwise with care. The provisions of the General Data Protection Regulation apply in full to these personal data.
7. If the Carrier discontinues transport in whole or in part, he will inform the Traveler as soon as possible of the discontinuation and, if possible, of the reasons, the measures to be taken and the possible duration.
Article 8: Hand luggage
1. Traveler is obliged to properly pack his Hand Luggage.
2. Carrier has the right to refuse the carriage of Hand Luggage, which by its nature is or may be difficult, dangerous or prohibited, or which may cause damage or contamination. Such a situation in any case occurs if Hand Luggage consists of:
a. firearms, striking and/or stabbing weapons;
b. explosive substances;
c. compressed gases in reservoirs;
d. substances liable to spontaneous combustion or highly flammable;
e. strong or malodorous substances;
f. drugs;
g. ammunition.
3. Carrier is obliged to use reasonable care to ensure that Traveler’s Hand Luggage is not lost or damaged.
Article 9: Transport of animals
1. Live animals may, except as provided in the following paragraph of this article, be carried in an easily portable basket, bag or similar object that can be placed down or held on the lap. However, dogs may also be transported in other ways, provided they are kept on a short leash.
2. The animals referred to in the first paragraph may not be taken along if they could in any way be difficult or annoying to the Traveler or the Driver or if they suffer from a serious illness.
3. Assistance dogs, such as guide dogs, must be taken along under all circumstances. If a Driver is allergic, he/she must provide alternative transportation within 15 minutes.
Article 10: Lost and Found
With regard to found objects, with due observance of the general legal provisions (Article 5 to 12 of Book 5 of the Civil Code) with regard to the declaration and reporting obligation and the giving and taking into custody, the following applies:
1. Traveler is obliged to notify Carrier as soon as possible of any object or sum of money found by him. The Carrier is authorized to accept into custody an object or sum of money found in this way upon presentation of proof. If the finder retains the found object or sum of money, he is already obliged
to do what can reasonably be required of him to find the owner or loser.
2. The Carrier is authorized to sell an object found by the Driver or found by another person and handed over to him after three months or, if the object is not suitable for storage, earlier, insofar as it concerns non-valuable items.
3. The carrier is obliged to hand over a found object, the proceeds of an object sold pursuant to paragraph 2 or the amount of a found sum of money to the entitled party, if he reports within one year after reporting the loss. If the entitled party claims the found object or the proceeds from its sale, the Carrier may charge him the custody fee and administration costs due.
4,634 / 5,000
Article 11: Force Majeure
1. A shortcoming cannot be attributed to the Carrier if it is not attributable to its fault, or if it is not its responsibility under the law, legal act or generally accepted views (force majeure). If the Carrier is unable to fulfill its obligations towards the Traveler/Client due to force majeure
comply, the Traveler/Client can terminate the agreement. In that case, the Carrier will repay amounts prepaid by the Traveler/Client as soon as possible.
2. In the event of force majeure, the Traveler/Client is not entitled to compensation, except as provided in
Article 6:78 of the Civil Code.
Article 12: Liability of Carrier
1. Carrier is liable for damage caused by death or injury to the Traveler as a result of an accident that happened to the traveler in connection with and during the transport. The 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 the Carrier could not have prevented. The compensation that the carrier may be owed in the circumstances mentioned is legally limited to € 1,000,000 per traveler with a maximum of € 15,000,000 per event.
2. Carrier is liable for damage caused by total or partial loss or damage to hand luggage, insofar as this loss or damage occurred during transport and was caused:
a. due to an accident that occurs to the Traveler and is at the expense of the Carrier; or
b. due to a circumstance that a careful Carrier could have avoided or the consequences of which the Carrier could have prevented. The compensation that Carrier may owe in the event of loss or damage to Hand Luggage is legally limited to an amount of € 1,500 per Traveler.
3. In the event of delay, the Carrier is legally liable up to a maximum of € 1000.
Article 13: Liability of Traveler
The Traveler is in principle obliged to compensate the Carrier for any damage that he or his Hand Luggage causes to the Carrier, except insofar as this damage is caused by a circumstance that a careful Traveler could not have avoided and insofar as such a Traveler could not have avoided the consequences thereof. obstruct. Traveler cannot rely on the condition or defect of his Hand Luggage. Cleaning costs are also included
to the compensation for damage referred to in this article.
Article 14: Complaints and disputes
1. Complaints about the conclusion and execution of the Transport Agreement must be submitted fully and clearly described to Carrier within a reasonable time after the Traveler/Client has identified the defects.
observed or should reasonably have observed.
2. Carrier makes every effort, partly to prevent disputes, to handle complaints from Traveler/Client seriously and reasonably to the satisfaction of Traveler/Client.
3. If the parties cannot reach a settlement, Carrier must inform the complaining Traveler/Client, insofar as this Client is not acting in the exercise of a profession or business, of the possibility of submitting the dispute thus arising to the dispute committee referred to in paragraph 5. can present.
4. If the Traveler/Client is to hold Carrier liable for damage, he must report this damage to Carrier in writing as soon as possible. The nature and extent of the damage must be indicated approximately.
5. Disputes between Traveler/Client, insofar as this Client does not act in the exercise of a profession or business, and Carrier regarding the conclusion or execution of agreements relating to
services to be delivered or delivered by this Carrier, can be done by either the Traveler/Client, insofar as these
The Client does not act in the exercise of a profession or business as designated by the Carrier
submitted to the Healthcare Transport and Taxi Disputes Committee, PO Box 19365, 2500 CJ The Hague, hereinafter referred to as the “Disputes Committee”.
6. A dispute will only be dealt with by the Disputes Committee if the Traveler/Client, insofar as this Client is not acting in the exercise of a profession or business, has first submitted his complaint to the Carrier.
7. If the complaint does not lead to a solution, the dispute must be filed with the Carrier no later than 12 months after the date on which the Traveler/Client, insofar as this Client is not acting in the exercise of a profession or business, submitted the complaint to the Carrier, in writing or in an be submitted to the Disputes Committee in another form to be determined by the Disputes Committee.
8. If the Traveler/Client, insofar as this Client is not acting in the exercise of a profession or business, submits a dispute to the Disputes Committee, Carrier is bound by this choice. If the Carrier wishes to do this, it must ask the Traveler/Client, insofar as this Client is not acting in the exercise of a profession or business, in writing to state within five weeks whether he agrees to this. The Carrier must announce that after the aforementioned period has expired, it will consider itself free to submit the dispute to the ordinary court.
9. The Disputes Committee will make its decision in accordance with the provisions of the regulations that apply to it. The regulations of the Disputes Committee will be sent upon request. The decisions of the Disputes Committee are made by way of binding advice. A fee is due for the handling of a dispute.
10. Only the Dutch court or the above-mentioned Disputes Committee has jurisdiction to hear disputes.
Article 15: Compliance guarantee
1. KNV Zorgtransport en Taxi guarantees compliance with the binding advice of the Disputes Committee referred to in Article 14 by its members, unless the member submits the binding advice to the court for annulment within two months after it was sent. This guarantee is revived if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final and final.
2. KNV Zorgtransport en Taxi does not provide a compliance guarantee if one of the following situations occurs before the dispute has been heard by the Disputes Committee referred to in Article 14 and a final decision has been made:
a. the member has been granted a suspension of payments, or;
b. the member has been declared bankrupt, or;
c. business operations have effectively ceased. Decisive for the latter situation is the date on which the business termination is registered in the Trade Register or an earlier date, of which KNV Zorgtransport en Taxi
can demonstrate plausibly that the business activities have actually been terminated;
3. The guarantee by KNV Zorgtransport en Taxi is limited to € 3,500 per binding advice. KNV Zorgtransport en Taxi provides this guarantee on the condition that the Traveler/Client, insofar as this Client does not act in the exercise of a profession or business, who relies on this guarantee, will pay his claim on the basis of the binding advice up to a maximum of transfers (assigns) the amount paid to KNV Zorgtransport en Taxi, simultaneously with the honoring of his claim on the compliance guarantee.
4. The provisions of paragraphs 1 to 3 of this article only apply if the Carrier is a member of KNV Zorgtransport en Taxi.
5 If the Carrier is not a member of KNV Zorgtransport en Taxi, but does have a valid TX Quality Mark, the TX-Keur Foundation guarantees the compliance described in paragraphs 1 to 3 of this article.
6 If the Carrier is a member of KNV Zorgtransport en Taxi and also has a valid TX Quality Mark, the compliance guarantee referred to in this article will be provided in consultation between KNV Zorgtransport en Taxi and the TX-Keur Foundation, by one of the latter two parties.
Article 16: Other conditions
1. All Transport Agreements to which these conditions have been declared applicable are subject to Dutch law.
2. Carrier is obliged to publicize the manner in which the Traveler/Client can obtain these Conditions at his request.
3. These General Terms and Conditions are public and can be consulted via the internet, including at www.knv.nl, and are also available free of charge from the carrier if requested.