Filed by Koninklijk Nederlands Vervoer with the registry of the District Court of The Hague on 25 September 2014, file number 47/2014.
These general terms and conditions come into effect as of October 2014.
Daalakkersweg 2-86
5641 JA Eindhoven
Chamber of Commerce: 97093068,
VAT: NL005250421B28
Tel: +31 85 060 10 90
Email: info@pretaxi.com
1. A Contract of Carriage is concluded upon acceptance by the Passenger/Client of the Carrier’s offer.
2. In the event of an Assignment as referred to in Article 1, paragraph 7a, the Carrier is obliged to accept said assignment, subject to the provisions of Article 4, paragraph 1.
3. The Carrier’s obligations, including those under Article 7, also apply with respect to a Passenger who is not acting as the Client.
1. The Passenger is required to:
a. follow any instructions or directions reasonably given by the Carrier, such as taking the seat designated by the Carrier;
b. fasten their seatbelt prior to the journey. Any fine resulting from the Passenger’s failure to comply with this obligation may be recovered from the Passenger.
2. The Passenger is required to refrain from the following while in the Car:
a. damaging and/or soiling the Car;
b. consuming alcoholic beverages, unless with the express permission of the Carrier;
c. carrying and/or using narcotics;
d. smoking;
e. aggression, physical assault, harassment, making threats, or otherwise behaving improperly towards the Carrier and/or others;
f. hindering the Carrier in any way in the performance of their duties.
3. The Passenger is required to pay either the pre-agreed fare or the fare determined by the taximeter.
4. If, before or during the journey, circumstances arise or come to light on the part of the Carrier that the Passenger could not have been expected to know when concluding the agreement—but which, had they been known, would reasonably have given the Passenger grounds not to enter into the transport agreement or to do so on different terms—the Passenger is entitled to terminate the agreement. Termination is effected by means of a verbal or written notification from the Passenger, and the agreement ends at the moment such notification is received by the Carrier. In accordance with the principles of reasonableness and fairness, following the termination of the Transport Agreement, the parties are obliged to compensate each other for any damage suffered as a result thereof.
5. The Passenger is entitled to change the final destination of the journey mid-trip, subject to the provisions of paragraph 3.
6. If the Passenger chooses to open the door themselves, they are obliged to open it in such a way as to avoid causing any hindrance and/or danger to traffic.
1. Performance under the Transport Agreement shall be based on the rates established and duly published pursuant to the Passenger Transport Act 2000 (*Wet Personenvervoer 2000*), as determined by the taximeter or based on a pre-agreed fare.
2. Unless otherwise agreed, payments by the Passenger/Client to the Carrier must be made in cash using a payment method generally accepted in the Netherlands, including generally recognized forms of electronic payment.
3. The Carrier is entitled to request that the Passenger/Client make cash payments using the exact amount due. The Carrier is not obliged to accept a quantity of coins as payment if counting them would cause a disproportionate delay.
4. a. If the Passenger/Client—provided they were not acting in the course of a profession or business—fails to meet their payment obligation(s) on time, they shall owe statutory interest on the outstanding amount following the expiration of a 14-day period granted by the Carrier (after the Carrier has pointed out the late payment and allowed this period for the obligations to be met); furthermore, the Carrier is entitled to charge any extrajudicial collection costs incurred. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, and 5% on the subsequent €5,000, subject to a minimum of €40. The Carrier may deviate from the aforementioned amounts and percentages to the benefit of the Passenger/Client referred to in this paragraph.
b. Insofar as the Passenger/Client acted in the course of a profession or business, the Carrier is entitled to reimbursement of extrajudicial (collection) costs; in such a case—and notwithstanding Article 6:96 paragraph 4 of the Dutch Civil Code and the Decree on Compensation for Extrajudicial Collection Costs—these costs shall be
set at an amount equal to 15% of the total outstanding principal sum, subject to a minimum of €75.00 for each invoice that remains wholly or partially unpaid.
5. The parties are entitled to set off mutual claims.
1. The Carrier is obliged to transport the Passenger and their hand luggage in a careful and safe manner.
2. The Carrier is obliged to transport the Passenger to the destination via the route most favorable to the Passenger—either the fastest or the most economical route—unless the Passenger or the dispatch center explicitly requests or instructs that a different route be taken.
3. The Carrier is obliged to assist the Passenger with boarding and alighting, as well as with the loading and unloading of hand luggage, unless this is impossible for (traffic) technical reasons.
4. When using the taximeter, the Carrier is obliged to keep the meter reading displayed at the end of the trip for long enough to allow the Passenger to reasonably take note of the reading.
5. The Carrier is obliged, as prescribed in Article 1c of the *Regeling maximumtarief en bekendmaking tarieven taxivervoer* (Regulation on Maximum Rates and Publication of Taxi Fares), to provide the Passenger with a proof of payment stating at least the required details, such as the fare and applicable rates, the distance traveled, the company’s name, address, and license number, the vehicle’s license plate number, and the date and start and end times of the trip.
6. The Carrier is obliged to handle personal data obtained in connection with trip bookings or otherwise with due care. The provisions of the General Data Protection Regulation (GDPR) apply in full to such personal data. 7. If the Carrier suspends the transport in whole or in part, he shall inform the Passenger of the suspension as soon as possible and, if possible, of the reasons, the measures he intends to take, and the likely duration.
1. The Passenger is required to pack their hand luggage properly.
2. The Carrier reserves the right to refuse the carriage of hand luggage that, by its nature, is cumbersome, dangerous, or prohibited—or could be so—or that might cause damage or contamination. Such a situation arises, in any event, if the hand luggage consists of:
a. firearms, striking weapons, and/or bladed weapons;
b. explosive substances;
c. compressed gases in containers;
d. substances liable to spontaneous combustion or highly flammable substances;
e. substances with strong or offensive odors;
f. narcotics;
g. ammunition.
3. The Carrier is obliged to exercise reasonable care to ensure that the Passenger’s hand luggage is not lost or damaged.
1. Subject to the provisions of the next paragraph of this article, live animals may be carried in an easily portable basket, bag, or similar item that can be placed on the floor or held on one’s lap. However, dogs may also be carried in other ways, provided they are kept on a short leash.
2. The animals referred to in the first paragraph may not be brought along if they could in any way cause a nuisance or disturbance to the passenger or the driver, or if they are suffering from a serious illness.
3. Assistance dogs, such as guide dogs, must be permitted on board under all circumstances. If a driver is allergic, he or she must arrange for replacement transport within 15 minutes.
1. The passenger is required to notify the Carrier as soon as possible of any object or sum of money they have found. The Carrier is authorized to accept custody of any such found object or sum of money upon issuance of a receipt. If the finder retains possession of the found object or sum of money, they are obliged to take all reasonable steps to locate the owner or the person who lost the item.
2. The Carrier is authorized to sell—after three months, or sooner if the object is unsuitable for storage—any object found by the Driver, or found by another person and handed over to the Carrier, provided the object is not of high value.
3. The Carrier is obliged to surrender a found object, the proceeds from the sale of an object under paragraph 2, or a found sum of money to the rightful owner, provided the owner comes forward within one year of the loss being reported. If the rightful owner claims the found object or the proceeds from its sale, the Carrier may charge them for any applicable storage fees and administrative costs.
1. A failure to perform cannot be attributed to the Carrier if it is not due to their fault or if it is not for their account pursuant to the law, a legal act, or generally accepted standards (force majeure). If the Carrier is unable to fulfill their obligations towards the Passenger/Client due to force majeure, the Passenger/Client may dissolve the agreement. In such a case, the Carrier shall refund any amounts paid in advance by the Passenger/Client as soon as possible.
2. In the event of force majeure, the Passenger/Client is not entitled to compensation for damages, except as provided in Article 6:78 of the Civil Code.
1. The Carrier is liable for damage caused by the death of or injury to the Passenger resulting from an accident that befell the Passenger in connection with and during the transport.
The Carrier is not liable if the accident was caused by a circumstance that a diligent Carrier could not have avoided and the consequences of which the Carrier could not have prevented. Any compensation the Carrier may be liable to pay in such circumstances is legally limited to €1,000,000 per Passenger, with a maximum of €15,000,000 per incident.
2. The Carrier is liable for damage caused by the total or partial loss of or damage to hand luggage, insofar as such loss or damage occurred during the transport and was caused:
a. by an accident befalling the Passenger for which the Carrier is liable; or
b. by a circumstance that a diligent Carrier could have avoided or the consequences of which the Carrier could have prevented. Any compensation the Carrier may be liable to pay in the event of loss of or damage to hand luggage is legally limited to an amount of €1,500 per Passenger.
3. In the event of delay, the Carrier is legally liable up to a maximum of €1,000.
…fulfill [obligations], the Passenger/Client may dissolve the agreement. In that case, the Carrier shall refund any amounts prepaid by the Passenger/Client as soon as possible. 2. In the event of force majeure, the Passenger/Client is not entitled to compensation, subject to the provisions of Article 6:78 of the Civil Code.
In principle, the Passenger is required to compensate the Carrier for any damage caused to the Carrier by the Passenger or their hand luggage, except to the extent that such damage was caused by circumstances that a prudent Passenger could not have avoided and the consequences of which such a Passenger could not have prevented. The Passenger may not rely on the nature or a defect of their hand luggage. Cleaning costs also fall within the scope of the compensation for damage referred to in this article.
1. Complaints regarding the formation and performance of the Transport Agreement must be submitted to the Carrier, fully and clearly described, within a reasonable time after the Passenger/Client has discovered—or reasonably should have discovered—the defects.
2. The Carrier shall make every effort—partly to prevent disputes—to handle complaints from the Passenger/Client seriously and reasonably, to the satisfaction of the Passenger/Client.
3. In the event that the parties fail to reach a resolution, the Carrier must inform the complaining Passenger/Client—provided said Client is not acting in the course of a profession or business—of the option to submit the resulting dispute to the disputes committee referred to in paragraph 5.
4. If the Passenger/Client holds the Carrier liable for damages, they must report such damages to the Carrier in writing as soon as possible. The nature and extent of the damages must be indicated approximately.
5. Disputes between the Passenger/Client—provided said Client is not acting in the course of a profession or business—and the Carrier regarding the formation or performance of agreements concerning services to be provided or already provided by said Carrier may be submitted by either the Passenger/Client (provided said Client is not acting in the course of a profession or business) or the Carrier to the *Geschillencommissie Zorgvervoer en Taxi* (Disputes Committee for Healthcare Transport and Taxi Services), P.O. Box 19365, 2500 CJ The Hague, hereinafter referred to as the “Disputes Committee”.
6. The Disputes Committee will only consider a dispute if the Passenger/Client—provided the Client is not acting in the course of a profession or business—has first submitted their complaint to the Carrier.
7. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee—in writing or in another form to be determined by the Disputes Committee—no later than 12 months after the date on which the Passenger/Client (provided the Client is not acting in the course of a profession or business) submitted the complaint to the Carrier.
8. When the Passenger/Client (provided the Client is not acting in the course of a profession or business) submits a dispute to the Disputes Committee, the Carrier is bound by this choice. If the Carrier wishes to do so, it must ask the Passenger/Client (provided the Client is not acting in the course of a profession or business) in writing to state within five weeks whether they agree to this. In doing so, the Carrier must give notice that, upon expiry of the aforementioned period, it will consider itself free to submit the dispute to the ordinary courts.
9. The Disputes Committee issues rulings in accordance with the provisions of its applicable regulations. The regulations of the Disputes Committee will be provided upon request. Decisions of the Disputes Committee are issued by way of binding advice. A fee is payable for the handling of a dispute.
10. Only the Dutch courts or the aforementioned Disputes Committee have jurisdiction to hear disputes.
1. KNV Zorgtransport en Taxi guarantees compliance by its members with the binding advice issued by the Disputes Committee referred to in Article 14, unless the member submits the binding advice to a court for annulment within two months of its dispatch. This guarantee is reinstated if the binding advice is upheld following judicial review and the judgment confirming this has become final and conclusive.
2. KNV Zorgtransport en Taxi does not provide a compliance guarantee if, prior to the dispute being heard by the Disputes Committee referred to in Article 14 and a final decision being rendered, any of the following situations applies:
a. the member has been granted a suspension of payments; or
b. the member has been declared bankrupt; or
c. business activities have effectively ceased. The determining factor for this latter situation is the date on which the cessation of business was entered in the Trade Register, or an earlier date on which KNV Zorgvoer en Taxi can demonstrate that business activities had effectively ceased.
3. The guarantee provided by KNV Zorgtransport en Taxi is limited to €3,500 per binding advice. KNV Zorgvoer en Taxi provides this guarantee subject to the condition that the Passenger/Client—provided said Client is not acting in the course of a profession or business—invoking the guarantee transfers (cedes) their claim arising from the binding advice to KNV Zorgvoer en Taxi, up to the amount actually paid out, simultaneously with the honoring of their claim under the compliance guarantee. 4. The provisions of paragraphs 1 through 3 of this article apply only 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 holds a valid TX-Keurmerk certification, Stichting TX-Keur guarantees the performance described in paragraphs 1 through 3 of this article.
6. If the Carrier is a member of KNV Zorgvoer en Taxi and also holds a valid TX-Keurmerk certification, the performance guarantee referred to in this article shall be provided—by one of the latter two parties—following consultation between KNV Zorgvoer en Taxi and Stichting TX-Keur.
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.
