Voorwaarden.
filed by Royal Dutch Transport at the Registry of the District Court in The Hague on December 10, 2019, deed number 35/2019. These general terms and conditions take effect January 1, 2020.
In these General Terms and Conditions for Health Care Transportation and Taxi, the following definitions shall apply:
1. Cab Transport/Carriage: all agreed passenger transport by Car as referred to in Article 1 of the 2000 Passenger Transport Act, whereby the fare is agreed upon in advance or determined by using the Taxameter. 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 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 Agreement 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.
8. Carrier: the natural or legal person, member of KNV Zorgvervoer and Taxi, or possessing a valid TX Quality Mark, its Driver(s) of the car(s) included.
included, who undertakes to transport persons by Auto.
9. Driver: driver of the car used to provide cab transportation (the cab driver) employed by Carrier including other Drivers of the car who are not employed by
Carrier but serving on its behalf in a Carrier’s vehicle or a vehicle made available to Carrier.
10. Hand Luggage: luggage which a Passenger carries as easy to carry, portable or movable, including live animals, as well as other items which
are allowed by the Carrier as carry-on baggage.
11. Taximeter: device in the car that indicates the fare of transportation in accordance with communicated rates. The Taxameter must be visibly present.
12. TX-Keur Foundation: Foundation that grants and manages the TX-Keur quality mark.
13. KNV Care Transport and Taxi:
Employer organization to which carrier is a member
These General Conditions apply to all Transport Agreements and form the basis for the handling of disputes by the Health Care Transport and Taxi Disputes Committee, as referred to in Article 14 of these General Conditions.
1. A Transport Agreement is established by acceptance by the Passenger/Client of the Carrier’s offer.
2. If there is an Assignment as referred to in Article 1 paragraph 7a, Carrier is obliged to accept this assignment, subject to the provisions of Article 4 paragraph 1.
3. The obligations of Carrier, including Article 7, also apply to the Passenger who is not acting as Client.
1. Carrier may immediately discontinue the continuation of the journey and thus terminate the Transport Agreement, if the Passenger causes such hindrance that in all reasonableness the Carrier cannot be required to (continue) to transport the Passenger. Carrier may in that case order the Passenger to
vehicle immediately.
2. In a case as referred to in paragraph 1, Carrier shall not be obliged to compensate the Passenger for any damages.
3. Upon premature termination, if the fare is established via the Taxameter, Passenger shall owe the amount indicated by the Taxameter at the moment of termination of the trip. In case for
start of the trip, a fare has been agreed, Passenger/Client shall owe a proportionate part of the previously agreed fare, in compensation for the part of the trip already driven.
4. Passenger/Client may waive before the start of the ride ordered from Carrier. In such a case, the Passenger/Client shall be liable to compensate the Carrier in accordance with reasonableness and fairness when there is
demonstrable damage. This also applies when the Passenger fails to appear at the place agreed upon with the Carrier.
5. In the event that Carrier fails to appear at an ordered ride as agreed, Passenger shall be entitled to compensation based on reasonableness and fairness in the event of demonstrable damage.
Traveler
1. Traveler is bound to:
a. follow any directions or instructions reasonably given by Carrier, such as sitting in the seat designated by Carrier;
b. fasten seat belts prior to driving. A fine resulting from the Passenger’s failure to comply with this obligation may be recovered from the Passenger.
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;
e. aggression, engaging in hand-holding, harassing, threatening, or otherwise behaving improperly toward Carrier and or others;
f. interfering in any way with Carrier in the performance of its duties.
3. Passenger is obliged to pay either the previously agreed fare or the fare determined by the Taxameter.
4. If before or during the journey, circumstances arise or emerge on the part of Carrier which Passenger was not required to know when concluding the agreement, but which,
had he been aware of them, would have given him reasonable cause not to enter into the Transport agreement or to do so on different terms, Passenger shall be authorized to terminate the
agreement to terminate. Termination shall be by oral or written notice from the Traveler and the agreement shall terminate upon receipt thereof by
carrier. 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.
5. Passenger shall be authorized to change the final destination of the ride in the interim; subject to the provisions of paragraph 3.
6. 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.
1. Execution under the Transport Agreement is carried out on the basis of the Passenger Transport Act 2000 established and properly disclosed rates, as determined by the Taxameter or where the fare has been agreed in advance.
2. 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.
3. Carrier shall be entitled to promote with Passenger/Client that cash payments be made in appropriate currency. Carrier is not required to provide a quantity of
accept coins as payment, if counting them causes a disproportionate delay.
4. a. If the Passenger/Client, insofar as they were not acting in the exercise of a profession or business, fails to meet their payment obligation(s) on time, they shall, after
has been notified 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
lapse of this 14-day period, the Carrier shall owe statutory interest on the amount still owed, and shall be entitled to pay the extrajudicial costs it has incurred.
collection costs to be charged. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The Carrier may deviate from said amounts and percentages for the benefit of the Passenger/Client as referred to in this paragraph.
b. In so far as Passenger/Client was acting in the exercise of a profession or business, Carrier shall be entitled to compensation of the extrajudicial (collection) costs, which costs shall in that case, in deviation from Article 6:96 paragraph 4 of the Dutch Civil Code and in deviation from the Compensation for Extrajudicial Collection Costs Decree, be fixed at an amount equal to 15% of the total outstanding principal sum with a minimum of € 75,- for each invoice left partially or completely unpaid.
5. The parties are entitled to set off mutual claims.
Carrier
1. Carrier is obliged to transport the Passenger as well as the Hand Luggage carried by him in a careful and safe manner.
2. Carrier shall be obliged to take the Passenger to the destination by the route most favorable to the Passenger: either by the fastest or economically most advantageous route, unless the Passenger or the control room/central station expressly requests or instructs to drive along a different route.
3. Carrier shall be obliged to assist Passenger in boarding and disembarking as well as loading and unloading Hand Luggage, unless this is impossible for traffic reasons.
4. When using the Taxameter, Carrier shall be obliged to leave the Taxameter setting at the end of the trip for such time that Passenger has reasonably been able to ascertain the setting.
5. Carrier shall be obliged, as prescribed in Article 1c of the Regulation on Maximum Fares and Publication of Rates for Taxi Transport, to provide the Passenger with a receipt showing at least the information prescribed therein, such as the fare and rates applied thereto, the distance driven, name, address and license number of the company, vehicle registration number, date and starting and ending time of the trip.
6. Carrier is obliged to treat with care the personal data obtained in connection with the booking of rides or otherwise. These personal data are fully subject to the provisions of the General Data Protection Regulation.
7. If the Carrier ceases transport in whole or in part, the he shall inform Passenger as soon as possible of the cessation and, if possible, of the reasons, the measures to be taken by him and the possible duration.
1. Traveler is obliged to properly pack his Hand Luggage.
2. Carrier shall be entitled to refuse transportation of Hand Luggage which by its nature is or may be inconvenient, dangerous or prohibited, or may cause damage or contamination. Such a situation occurs in any case if Hand Luggage consists of:
a. firearms, assault and/or stabbing weapons;
b. explosives;
c. compressed gases in reservoirs;
d. self-igniting or highly flammable substances;
e. strong or foul smelling substances;
f. narcotics;
g. ammunition.
3. Carrier is obliged to use reasonable care so that Passenger’s Hand Luggage is not lost or damaged.
1. Live animals may, except as provided in the next paragraph of this article, be carried in readily portable basket, bag or similar object which can be set down or held in the lap. However, dogs may be carried by other means, if kept on a short leash.
2. The animals referred to in the first paragraph may not be taken along if they may in any way be a nuisance or nuisance to Traveler or to the Driver or are suffering from a serious illness.
3. Assistance dogs, such as guide dogs for the blind should be taken under all circumstances. If a Driver is allergic, he/she must provide replacement transportation within 15 minutes.
With regard to found objects, in compliance with the general legal provisions (Articles 5 to 12 of Book 5 of the Civil Code) with regard to the duty to report and report and to give and take into custody, the following applies:
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 shall be authorized to sell an object found by Driver or found by another and surrendered to him after three months or, if the object is not suitable for safekeeping, earlier, insofar as it concerns non-precious items.
3. Carrier shall be obliged to surrender a found object, the proceeds of an object sold pursuant to paragraph 2, or the amount of a found sum of money to the rightful owner, if the latter presents himself within one year from the notification of loss.
If the person entitled to the found object
or claim the proceeds of its sale,
the Carrier may pay him the amount due
custody and administration fees charged
bring.
1. A shortcoming cannot be attributed to Carrier if it is not due to its fault, or if it is not for its account by virtue of the law, legal act or generally accepted practice (force majeure). If Carrier cannot fulfill its obligations to Passenger/Client due to force majeure, Passenger/Client may terminate the contract. In this case, the Carrier will refund amounts paid in advance by the Passenger/Client as soon as possible.
2. In the event of force majeure, Passenger/Client shall not be entitled to compensation, subject to the provisions of Article 6:78 of the Civil Code.
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 €1,000,000 per traveler with a maximum of €15,000,000 per occurrence.
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
b. due to a circumstance that a prudent Carrier could have avoided or the consequences of which the Carrier could have prevented. The compensation that Carrier may be liable for in the event of loss or damage to Hand Luggage is limited by law to an amount of €1,500 per Passenger.
3. In case of delay, Carrier is legally liable up to a maximum of € 1,000.
In principle, Passenger shall be obliged to compensate Carrier for damages caused by him or his Hand Luggage to Carrier, except insofar as such damages are 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 Hand Luggage. Cleaning costs are also included in the compensation for damages referred to in this article.
1. Complaints about the conclusion and execution of the Transport Agreement must be submitted to Carrier fully and clearly described within a reasonable period of time after Passenger/Client has observed or reasonably should have observed the defects.
2. Carrier shall make every effort, partly to prevent disputes, to deal with complaints from Passenger/Client seriously and reasonably to the satisfaction of Passenger/Client.
3. In the event that parties do not reach a conclusion, Carrier must point out to the complaining Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, the possibility of being able to submit the dispute thus created to the Disputes Committee referred to in paragraph 5.
4. Passenger/Client shall, in the event that he holds Carrier liable for damages, report these damages to Carrier in writing as soon as possible. The nature and extent of the damage should be approximate at this point.
5. Disputes between Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, and Carrier about the conclusion or execution of agreements relating to services to be provided or delivered by this Carrier, may be submitted both by Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, and by Carrier to the Geschillencommissie Zorgvervoer en Taxi, Postbus 19365, 2500 CJ Den Haag, hereinafter referred to as “Geschillencommissie”.
6. A dispute will only be considered by the Disputes Committee if Passenger/ Client, insofar as this Client is not acting in the exercise of a profession or business, has first submitted his complaint to 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, insofar as this Client is not acting in the exercise of a profession or business, submitted the complaint to the Carrier.
8. Where Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, submits a dispute to the Disputes Committee, Carrier shall be bound by this choice. If Carrier wishes to do so, it must ask Passenger/Client, insofar as such Client is not acting in the exercise of a profession or business, 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.
9. 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 are made by ways of binding advice. A fee is payable for handling a dispute.
10. Only a Dutch court or the above mentioned Disputes Committee is authorized to take cognizance of disputes.
1. KNV Zorgvervoer 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 of its dispatch. This guarantee revives, if the binding opinion has been upheld after review by the court and the judgment evidencing it has become final.
2. KNV Zorgvervoer en Taxi does not provide a compliance guarantee if, before the dispute has been dealt with by the Disputes Committee referred to in article 14 at a hearing and a final decision has been rendered, one of the following situations occurs:
a. The member has been granted suspension of payments, or;
b. the member is declared bankrupt, or;
c. the business activities have actually ceased. Decisive for the latter situation is the date on which the business termination was registered in the Trade Register or an earlier date, of which KNV Zorgvervoer en Taxi can make it plausible that the business activities were actually terminated;
3. The guarantee by KNV Zorgvervoer and Taxi is limited to € 3,500 per binding opinion. KNV Zorgvervoer en Taxi provides this guarantee under the condition that the Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, who appeals to this guarantee, transfers (assigns) his claim on the basis of the binding advice up to a maximum of the amount paid to KNV Zorgvervoer en Taxi, simultaneously with the honoring of his appeal to the compliance guarantee.
4. The provisions of paragraphs 1 through 3 of this article apply only in the event that Carrier is a member of KNV Zorgvervoer and Taxi.
5 If Carrier is not a member of KNV Zorgvervoer and Taxi, but does have a valid TX Quality Mark, the TX Quality Mark Foundation guarantees the fulfillment described in paragraphs 1 through 3 of this article.
6 If Carrier is a member of KNV Zorgvervoer en Taxi and also possesses a valid TX Quality Mark, the compliance guarantee referred to in this article will be provided in consultation between KNV Zorgvervoer en Taxi and Stichting TX-Keur, and by one of the latter two parties.
1. All Transport Agreements to which these conditions are declared applicable are subject to Dutch law.
2. Carrier shall be obliged to publicize how Passenger/Client can obtain these Conditions upon request.
3. These General Terms and Conditions are publicly available and accessible via the Internet, including at www.KNV.nl and, if requested, can also be obtained free of charge from the carrier.
PRIMO Taxicentrale
Vlaardingweg 62
3044 CK Rotterdam
Phone: +31 10 26 22 540
Email: info@primotaxi.nl
Chamber of Commerce: 69735719
VAT: NL002423417B61
