Terms & Conditions

Premiumtaxi.nl uses the General Terms and Conditions of Royal Dutch Transport (KNV) the umbrella organization for professional passenger transport, filed by Royal Dutch Transport at the District Court in The Hague on June 22, 2006, deed number 50/2006.

General Terms and Conditions for Taxi Transport filed by Koninklijk Nederlands Vervoer at the Registry of the District Court in The Hague on 22 June 2006, deed number 50/2006, replacing and superseding the General Terms and Conditions for Taxi Transport previously filed by Koninklijk Nederlands Vervoer dated 20 March 2003, deed number 31/2003. These General Terms and Conditions of the KNV Taxi Association were drawn up in March 2006 in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will come into effect as of July 2006. The CZ would appreciate it if this is stated when quoting from these General Terms and Conditions.

Article 1: Definitions

In these General Terms and Conditions for Taxi Transport the following definitions apply:

1. Cab transport: all agreed passenger transport by Car as referred to in article 1 sub f of the 2000 Passenger Transport Act, whereby the fare is agreed in advance or is determined by using the taximeter. The

transport also includes boarding and alighting from the vehicle.

2. Transport agreement: the agreement entered into between Passenger/Client and Carrier to provide cab transport.

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 sub 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 agreement with Carrier.

7. Assignment: a. an assignment by a natural person to a Carrier waiting for passengers at a Taxi rank;

b. any other assignment from a Passenger/Client to Carrier, in any form whatsoever.

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 staff, who are not in the employ of Carrier but are on duty on its 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 has with him as easy to carry, portable or movable, including live animals, as well as objects which the Carrier allows to be used 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 treatment of disputes by the Taxi Transport Disputes Committee, as referred to in Article 16 of these General Terms and Conditions.

Article 3: Formation of Transport Agreement

A Transport agreement is concluded following acceptance by Carrier of a Commission. In the event of a commission as provided for in Article 1 under 7a, Carrier shall be obliged, subject to the provisions of Article 7 sixth paragraph, to accept this commission.

sixth paragraph, to accept this commission. The obligations of Carrier shall 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 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 in all reasonableness the

Carrier cannot reasonably be required to transport the Passenger. Carrier may in that case order the Passenger to leave the vehicle immediately.

2. In a case as referred to in paragraph 1, Carrier shall not be obliged to compensate the Passenger for any damage.

3. In the event of premature termination, Passenger shall owe the amount indicated by the taxameter at the time of termination of the trip, in the event that the fare is established by means of the taxameter. In the event that a fare has been agreed prior to commencement of the trip, Passenger shall owe a proportionate 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, Passenger/Client shall be liable to compensate Carrier in accordance with reasonableness and fairness.

5. In the event that Carrier does not appear as agreed for a journey ordered, Passenger shall be entitled to compensation based on reasonableness and fairness in the event of demonstrable damage.

Article 5: Obligations and powers of Passenger

1. Passenger shall be obliged:

a. follow any directions or instructions reasonably given by Carrier, such as sitting in the seat designated by Carrier;

b. put on his seat belt prior to the journey. A validly imposed fine arising from the Passenger’s failure to comply with this obligation may be recovered from him.

2. Passenger is obliged to refrain from:

a. damaging and/or contaminating the Car;

b. consuming alcoholic beverages, unless with the express permission of Carrier;

c. carrying and/or using narcotics;

d. using smoking materials, unless with the express permission of Carrier;

e. aggression, acts of physical violence, harassment, threats, or other improper conduct towards Carrier and/or others;

f. obstructing Carrier in any way in the performance of its duties.

3. Passenger shall be obliged to pay either the previously agreed fare or the fare determined by the taxameter.

4. Where circumstances arise or come to light on the part of Carrier before or during the journey which Passenger did not need 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 not entering into the Transport agreement or for doing so under different conditions, Passenger shall be authorised to terminate the agreement. Termination shall be effected by verbal or written notice, and the agreement shall end at the time of receipt thereof. By the standards

reasonableness and fairness, the parties shall be obliged to compensate each other for any damage suffered as a result of termination of the Transport Agreement.

5. Passenger shall be authorized to change the final destination of the journey in the interim; subject to the provisions of paragraph 3.

6. If Passenger chooses to open the door himself, he shall be obliged to open the door in such a way that it does not cause hindrance and/or danger to traffic.

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 agreed otherwise.

2. Carrier shall be entitled to encourage Passenger/Client to make cash payments in exact money. Carrier shall not be obliged to accept a quantity of coins as payment, the counting of which causes disproportionate delay.

3. Carrier shall send an invoice to Passenger/Client if cash payment has not been agreed.

Payment by Passenger/Client shall be made without any discount, suspension or offsetting within 30 days of the invoice date. If this term is exceeded, Passenger shall be in default and costs may be charged in accordance with statutory regulations.

4. Carrier shall at all times be entitled to offset its claims on Passenger/Client against its debts to Passenger/Client.

5. Performance under the Transport agreement shall take place on the basis of tariffs as established by Carrier and previously made known to Passenger/Client.

Article 7: Obligations and powers of Carrier

1. Carrier shall be obliged to transport the Passenger and the hand baggage he is carrying carefully and safely.

2. Carrier shall be obliged to take the Passenger to the destination by the route most favorable to the Passenger, whether by the fastest or most economically advantageous route, unless the Passenger or the control room/switchboard expressly requests or instructs a different route.

3. Carrier shall be obliged to assist Passenger in embarking and disembarking as well as loading and unloading hand baggage, unless this is absolutely impossible for (traffic) technical reasons.

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 to reasonably acquaint himself with the position.

5. Upon request, Carrier shall be obliged to provide Passenger with a receipt showing at least the fare, name of company, name of driver, date and (overall) time of the journey.

6. Carrier shall be authorised to deny access to the means of transport to Passenger who does not comply with the provisions of these General Terms and Conditions, or to remove him (or have him removed) from the means of transport, if Carrier cannot reasonably be expected to transport this Passenger. Article 4 shall apply mutatis mutandis.

7. Carrier shall be obliged to treat personal information obtained in connection with booking of journeys or otherwise carefully in accordance with the Personal Data Protection Act.

8. Carrier shall be authorised, if serious circumstances require it to do so, to discontinue transport in whole or in part. Carrier shall inform Passenger as quickly as possible of the discontinuation and, if possible, of the reasons, the measures it will take and the possible duration. In the event of premature termination, Passenger shall owe the amount indicated by the taxameter at the time of termination of the journey, in the event that the journey price is established by means of the taxameter. In the event that a fare has been agreed prior to the commencement of the ride, Passenger shall owe a proportionate part of that agreed fare for the part of the ride already carried out.

Article 8: Hand Luggage

1. Passenger shall be obliged to pack his Hand Luggage properly.

2. Carrier shall be entitled to refuse to transport hand baggage which, by its nature, is or could be difficult, dangerous or prohibited, or could cause damage or contamination.

Such a situation occurs in any case if Hand Baggage consists of:

a. firearms, striking and/or stabbing weapons;

b. explosive substances;

c. compressed gases in tanks;

d. self-igniting or highly flammable substances;

e. strong or malodorous smelling substances;

f. narcotics;

g. ammunition.

3. Carrier shall be obliged to exercise reasonable care so that Hand Luggage of Passenger is not lost or damaged.

Article 9: Carriage of animals

Article 9: Transport of animals

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 put down or held on the lap,

may be carried. However, dogs may also be transported by other means, 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 a nuisance or a nuisance to the Passenger or to the personnel, or are suffering from a serious illness.

Article 10: Lost property

With regard to found objects, the following shall apply, with due observance of the general statutory provisions relating to the duty to report and report, and to giving and taking into custody:

a. 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 thus found, against submission of proof. If the finder retains the found object or sum of money, he shall be obliged to do all that can reasonably be required of him to find the owner or loser.

b. 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.

c. Carrier shall be obligated to surrender a found object, the proceeds of an object sold pursuant to subsection b, or the amount of a found sum of money to the person entitled thereto, if such person presents himself or herself within three years after notification of loss. If the rightful claimant claims the proceeds from the sale of a found object, the carrier may set off against such proceeds the storage fee and administrative costs due.

d. Carrier may charge an administrative fee for processing a request regarding a lost object or sum of money.

Article 11: Cancellation

1. Passenger/Client shall be entitled to cancel the previously concluded Transport agreement with previously agreed journey price by means of verbal or written notification:

a. if the cancellation takes place between 21 and 14 days before commencement of the transport, Passenger/Client shall owe to Carrier: 10% of the agreed fare;

b. if the cancellation occurs between 14 and 2 days before commencement of transport, Passenger/ Client shall owe to Carrier: 35% of the agreed fare;

c. if the cancellation occurs no more than 2 days before commencement of the transport, Passenger/ Client shall owe to Carrier: 75% of the agreed fare;

d. if the cancellation takes place during transport: 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. In the event that Carrier cannot comply with its obligations to Passenger/Client due to a non-attributable breach (force majeure), compliance with 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 for its account by virtue of the law, legal act or generally accepted views.

2. In the event of force majeure, Passenger/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, Passenger shall be entitled, by application of the rules on unjustified enrichment, to compensation of his damage up to a maximum of the amount of that advantage.

Article 13: Liability of Carrier

1. Carrier shall be liable for damages caused by death or injury to the Passenger as a result of an accident which happened to the Passenger in connection with and during transportation. Carrier shall not be liable if the accident is caused by a circumstance which a careful Carrier could not have avoided and the consequences of which Carrier could not have prevented. The compensation for damages that Carrier may be liable for in the aforementioned circumstances is limited by law to an amount of € 137,000 per Passenger.

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 occurring to Passenger which is for the account of Carrier, or

b. by a circumstance which a careful Carrier could have avoided or the consequences of which such Carrier could have prevented. The compensation which Carrier may be liable to pay in the event of loss or damage to Hand Luggage is limited by law to an amount of € 1,000 per Passenger.

3. In the event of delay, Carrier shall be liable by law up to a maximum of € 1,000.

Article 14: Liability of Passenger

Passenger shall, in principle, be obliged to compensate Carrier for any damage caused by him or his Hand 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. Passenger may not invoke the quality or a defect of his Hand Luggage.

Article 15: Insurance

1. Passenger/Client may instruct Carrier to take out insurance at its own expense to cover risks for which Carrier is not liable.

2. In the event that 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 suffered by Passenger/Client resulting from not carrying out the assignment given to Carrier.

3. In the case of very valuable hand baggage, Carrier may oblige Passenger/Client to take out proper travel and baggage insurance. In such cases, Carrier may request Passenger/Client to provide proof of this.

Article 16: Complaints and disputes

1. Complaints about the conclusion and execution of the Transport agreement must be fully and clearly described and submitted to Carrier within 6 weeks after Passenger/Client has identified or could have identified the faults.

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 Taxi Transport Disputes Committee, PO Box 90600, 2509 LP The Hague.

3. A dispute shall only be dealt with by the Disputes Committee if Passenger/Client has first submitted his complaint to Carrier.

4. After the complaint has been submitted to Carrier, the dispute must be submitted in writing to the Disputes Committee no later than three months after it has arisen.

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 express his agreement within five weeks. Carrier must thereby announce that it will consider itself free to submit the dispute to the ordinary courts after the expiry of the aforementioned period.

6. The Disputes Committee shall rule in accordance with the provisions of its regulations. The rules of the Disputes Committee shall be sent upon request. The decisions of the Disputes Committee shall take the form of a binding opinion. A fee is payable for handling a dispute.

7. Exclusively the Dutch judge or the above-mentioned court will be competent.

8. Carrier shall make every effort, partly to prevent disputes, to deal with complaints from Passenger seriously and reasonably to the satisfaction of Passenger.

9. In the event that parties cannot come to a settlement, Carrier must inform complainant Passenger of the possibility of submitting the dispute thus created to the Disputes Committee referred to in paragraph 2.

10. In the event that he holds Carrier liable for damages, Passenger must report these damages to Carrier in writing as quickly as possible. The nature and extent of the damage must be indicated approximately.

Article 17: Other conditions

1. KNV Taxi shall only amend these General Terms and Conditions in consultation with the Consumers’ Association.

2. Nullity of one of the provisions or paragraphs thereof in these General Terms and Conditions shall not affect the validity of the other provisions or the other paragraphs. In that case the null and void provisions or paragraphs thereof shall be replaced by new provisions or paragraphs which in content, scope and objective correspond as much as possible with the old null and void provisions or paragraphs.

3. All Transport agreements to which these conditions have been declared applicable shall be subject to Dutch law.

4. These General Conditions are in the public domain.

5. Carrier shall be obliged to publicize the manner in which Passenger/Client can obtain these Conditions at his request.

6. Desgevraagd zijn deze voorwaarden ook kosteloos verkrijgbaar bij de vervoerder en te raadplegen via internet, onder meer op www.knv.nl.

KNV Taxi
Spui 188, 2511 BW Den Haag
Postbus 19365, 2500 CJ Den Haag
Tel 070-3751751, F 070-3751788