General Conditions

General conditions of taxi transport

Deposited by Rotterdamse Mobiliteit Centrale RMC B.V. at the registry of Rotterdam District Court on 19 May 2009, file n° 28/2009. Conditions of Taxi Transport of 20 March 2003, file n° 31/2003. These General Conditions of the KNV Taxi Association were drawn up in March 2006 in consultation with the Consumer Association in the context of Coordination Group Self-regulation Consultancy (CZ) of the Socio-economic Council, entering into force in July 2006. The CZ would appreciate it, if this was stated in any quotation from the present General Conditions.

Article 1: Definition of terms

In the present General Conditions of Taxi Transport, the different terms have the following meanings:

Taxi transport: Agreed car transport of persons in accordance with the stipulations of article 1f of the 2000 Transport of Persons Act, where the price is agreed in advance or determined by the taximeter, the transport also comprising entering into and alighting from the taxi.
Transport agreement: An agreement concluded between the Passenger/Customer and the Carrier on the implementation of taxi transport.
Taxi rank: A part of the public road which a signpost indicates is a taxi rank.
Car : A motor vehicle as defined in article 1f of the 2000 Transport of Persons Act.
Passenger: A person being transported by the Carrier.
Customer: An individual or a corporation which concludes the Transport Agreement with the Carrier.
Order:
a. an order given by an individual to a Carrier waiting for passengers at a Taxi Rank;
b. any other order in whatever form, from a Passenger/Customer to the Carrier.
Carrier: An individual or a corporation including its Personnel, undertaking to transport persons by Car.
Personnel: Members of personnel in the employ of the Carrier, including assistants not employed by the Carrier, but carrying out duties for the Carrier, or a vehicle made available to the Carrier.
Hand luggage: Luggage easily carried and transported by a passenger, including live animals, as well as objects allowed by the Carrier to be carried as hand luggage.

Article 2: Field of application of the General Conditions

The present General Conditions are applicable to all transport agreements and form the basis of dealing with disputes by the Taxi Transport Disputes Committee, as laid down in article 15 of the present General Conditions.

Article 3: Coming into existence of a Transport Agreement

A Transport Agreement comes into existence following the acceptance of an Order by the Carrier. If this is an order as defined in article 1, § 7a., the Carrier has an obligation, except as laid down in article 7, paragraph 6, to accept the said order. The Carrier's obligations also extend to a Passenger who does not figure as the Customer. By agreeing to be carried, the Passenger becomes a party to the Transport Agreement.

Article 4: Termination of Transport Agreement

The Carrier may suspend the journey immediately and terminate the Transport Agreement, if the Passenger creates obstacles such that the Carrier cannot be reasonably expected to transport the would-be Passenger. In that event the Carrier can demand that the Passenger shall leave the vehicle immediately.
In the case defined in § 1, the Carrier is not obliged to pay any damages to the Passenger.
In the case of premature termination of the journey, The Passenger owes the price of the journey shown on the taximeter at the moment of the termination of the journey. If the price was agreed before the start of the journey, the Passenger owes the sum due for the part of the journey already completed.
Before the start of the journey ordered from the Carrier, the Passenger/Customer can cancel the same and in that case the Passenger/Customer has an obligation to pay the Carrier a fair and reasonable sum.
If the Carrier does not make an appearance to make an ordered and agreed journey, then if the Passenger is able to show that he/she sustained damage, the Passenger is entitled to fair and reasonable damages.

Article 5: Obligations and rights of the Passenger

A Passenger has an obligation:
a. to comply with all reasonable directions or instructions given by the Carrier, such as sitting in a particular seat indicated by the latter;
b. to fasten the seat belt before the start of the journey. A legitimately imposed fine resulting from the Passenger's failure to comply with this obligation may be recovered from the latter.
During his presence in the Car, the Passenger has an obligation to refrain:
a. from damaging and/or fouling the Car;
b. consuming alcoholic beverages otherwise than with the express consent of the Carrier;
c. from possessing and/or consuming narcotics and smoking;
e. from aggressive, violent, troublesome, threatening or other inappropriate behaviour towards the Carrier and or others;
f. from in any way obstructing the Carrier in the performance of his task.
The Passenger has an obligation to pay either the previously agreed price, or the price of the journey displayed on the taximeter.
If prior to or during the journey, circumstances arise or come to light from the side of the Carrier, which were not known to the Passenger at the time of the conclusion of the agreement, but which, had they been known to the Passenger, would have provided reasonable grounds for not concluding the Transport Agreement, or for concluding it on different terms, the Passenger is entitled to rescind the agreement. Such a rescission takes place either verbally or in writing and the agreement will terminate at the moment of receipt by the Carrier of the said notification of rescission. Following the rescission of the Transport Agreement and in accordance with the principle of fairness and reasonableness, the parties have an obligation to pay damages to one another.
The Passenger is entitled to modify the destination of a journey in progress, taking into account the stipulations of paragraph 3 above.
If the Passenger elects to open the door personally, he/she has an obligation to open it so as not to cause any obstruction and/or danger to traffic.

Article 6: Payment

Unless otherwise agreed, payment by the Passenger/Customer to the Carrier must be in cash, or using means of payment generally accepted in The Netherlands, including generally recognised forms of electronic payment.
In the case of cash payment, the Carrier is entitled to require the Passenger/Customer to pay in an appropriate currency. The Carrier is not obliged to accept payment by a (large) quantity of coins, the counting of which would cause an unreasonable amount of delay.
If cash payment was not agreed, the Carrier sends an invoice to the Passenger/Customer. Payment by the Passenger/Customer must be made without any deduction or offset and within 14 days of the invoice date. If this period is exceeded, the Passenger is in arrears and costs can be charged according to law.
The Carrier is entitled at all times to offset his claims on the Passenger/Customer against his indebtedness to the latter.
Implementation according to the Transport Agreement takes place on the basis of tariffs set by the Carrier and communicated to the Passenger/Customer in advance.
Costs of administration. In the case of invoiced journeys, an additional sum of € 0,60 including VAT per invoice is charged.

Article 7: Obligations and rights of the Carrier

The Carrier has an obligation to carry the Passenger and accompanying hand luggage in a careful and safe manner.
The Carrier has an obligation to carry the Passenger to his/her destination by the most favourable, fastest or economically most advantageous route, unless the Passenger or the Centre expressly request or specify the adoption of a different route.
The Carrier has an obligation to assist the Passenger to enter into and to alight from the Car, as well as to load and unload hand luggage, unless this is not possible for (traffic-related) technical reasons.
If the taximeter is being used, the Carrier has an obligation to allow the display to remain in place long enough for the Passenger to be able to ascertain the reading.
At the request of the Passenger the Carrier has an obligation to give a receipt for payment, showing at least the price, the name of the company, the name of the driver, the date and the (total) duration of the journey.
The Carrier is entitled to refuse access to the vehicle to Passengers not complying with the stipulations of the present General Conditions, or to ask them to leave the vehicle, if it is not reasonable to expect the Carrier to transport such Passenger. Article 4 is jointly agreed to apply.
The Carrier has an obligation to handle with care personal data obtained in connection with the booking of journeys and to comply in all other respects with legislation governing the registration of persons.
If compelled to do so for weighty reasons, the Carrier is entitled to suspend the journey wholly or partially. The Carrier must inform the Passenger about the said suspension as quickly as possible and if possible also about the reasons, the steps which he, the Carrier, will implement and the time which may be needed to do so. In the case of a premature termination, the Passenger owes the price of the journey displayed by the taximeter at the moment of its suspension. If a price was agreed before the start of the journey, the Passenger owes a reasonable part of the agreed price for the implemented part of the journey.

Article 8: Hand luggage

The Passenger has an obligation to pack hand luggage properly.
The Carrier is entitled to refuse to carry any obstructive, dangerous or prohibited hand luggage, which may result in damage to or soiling of the Car. Such a situation arises, if hand luggage comprises
a. firearms, cutting and/or stabbing weapons;
b. explosives;
c. compressed gases in cylinders;
d. substances liable to spontaneous ignition, or ready combustion
e. strongly or unpleasantly smelling substances;
f. narcotics;
g. ammunition.
The Carrier has an obligation to exercise reasonable care to ensure that the Passenger's hand luggage is not lost or damaged.

Article 9: Transport of animals

Live animals may be transported, except as laid down in the next paragraph of the present article, in an easily carried basket, bag or a similar container. Alternately, dogs may also be transported on a short lead.
Animals designated in the first paragraph cannot be transported, if this should cause any inconvenience or hindrance to Passengers or personnel, or if the animals are suffering from a serious complaint.

Article 10: Found articles

The following applies to found articles taking into account general legal requirements concerning the duty to report their finding and taking them into custody:
a. The Passenger has an obligation to inform the Carrier as quickly as possible about an article or a sum of money found by him, the Passenger. The Carrier is entitled to take the object or sum of money found into custody against a receipt. If the finder retains the found article or sum of money, he/she has an obligation to do what can reasonably be expected to try to find the owner or the person who lost the said article or sum of money.
b. After three months the Carrier is entitled to retain an object found by a member of Personnel or another person and handed over to him, the Carrier, or in the case of an article not suitable to be kept in custody and provided that it is not valuable, to sell it.
c. The Carrier has an obligation to hand to its rightful owner a found article, or sum of money, if the said rightful owner reports the loss within three years following the said loss. If the rightful owner demands the sum received for the sold article, the Carrier is entitled to deduct his custody fee and administration costs from the sum of money received for the article in question.
d. The Carrier is entitled to deduct the administration cost of dealing with a request relating to a lost article or sum of money, from the price received for a lost article, or from a lost sum of money.

Article 11: Cancellation

The Passenger/Customer is entitled to cancel a previously concluded Transport Agreement with a previously agreed price either verbally or in writing:
a. if the cancellation takes place between 21 and 14 days prior to the start of the journey, the Passenger/Customer owes the Carrier 10% of the agreed price;
b. if the cancellation takes place between 14 and 2 days prior to the start of the journey, the Passenger/Customer owes the Carrier 35% of the agreed price;
c. if the cancellation takes place no later than 2 days prior to the start of the journey, the Passenger/Customer owes the Carrier 75% of the agreed price;
d. if the cancellation takes place during the transport: the Passenger/Customer owes the Carrier the full agreed price.
If the Passenger states that the damage sustained by the Carrier is less than the sum arrived at by the application of paragraph 1, the lower cost will be charged.

Article 12: Force majeure

If, for reasons not attributable to him (case of force majeure), the Carrier is unable to comply with his obligations to the Passenger/Customer, the duty to comply is suspended during the operation of the case of force majeure. A suspension cannot be blamed on the Carrier if it was not due to his fault and he, the Carrier, cannot be pursued through the Courts, or under the rules of traffic.
In the event of force majeure, the Passenger /Customer is not entitled to damages. If the inability to comply with his obligations cannot be attributed to the Carrier, but if the latter gains an advantage in connection with the said inability to comply with his obligations, which would have been absent in the case of normal compliance with the said obligations, the Passenger is entitled to damages up to the value of the said advantage as determined by the application of the rules concerning unfair enrichment.

Article 13: Liability of the Carrier

The Carrier is liable for damage caused by the death of, or injury to the Passenger due to an accident to the latter, connected with and occurring during the journey. The Carrier is not liable, if the accident is due to circumstances which and the consequences of which, a careful Carrier could not have avoided. The damages, which the Carrier may owe in the stated circumstances, are restricted by law to €137.000 per Passenger.
The Carrier is liable for damage due to total or partial loss of / damage to, hand luggage, if the said loss or damage have occurred during the journey and was caused
a. by an accident to the Passenger in respect of which the Carrier is liable, or
b. by a circumstance which, or whose consequences, a careful Carrier could have avoided. Damages potentially owed by the Carrier for the loss or damage of hand luggage is limited by law to the sum of € 1.000 per Passenger.

Article 14: Liability of the Passenger

The Passenger has from the outset an obligation to compensate the Carrier for any damage, which he or his hand luggage have caused to the Carrier, unless the damage was caused by circumstances which a careful Passenger could not have avoided and if a Passenger could not have prevented their consequences. The Passenger cannot invoke the quality or lack of quality of his hand luggage.

Article 15: Complaints and disputes

Complaints about the drawing up and performance of the Transport Agreement must be described fully and clearly and submitted to the Carrier within 6 weeks after the Passenger/Customer has established or could have established the said causes of complaint. Failure to submit the complaint in good time may result in the Passenger/Customer's loss of his/her rights in the matter.
Disputes between a Passenger/Customer and a Carrier concerning the drawing up or the performance of agreements on the services given or to be given by the said Carrier can be submitted by the Passenger/Customer, or by the Carrier to the Taxi Travel Disputes Committee, POB 90600, 2509 LP The Hague.
A dispute will only be dealt with by the Disputes Committee if the Passenger/Customer has first submitted his complaint to the Carrier.
After the complaint has been submitted to the Carrier, the dispute must be reported in writing to the Disputes Committee no later than three months after it arose.
When a Passenger submits a dispute to the Disputes Committee, the Carrier is bound by the Passenger's choice. If the Carrier so desires, he must request the Passenger in writing within five weeks asking the Passenger to state if he/she is in agreement. The Carrier must also state that following the effluxion of the aforementioned period, he will feel free to submit the dispute to a Court.
The Disputes Committee will rule taking into account regulations for the time being in force. The ruling of the Disputes Committee is forwarded on request. The decisions of the Disputes Committee are regarded as binding and a fee is payable for a ruling on a dispute.
Only Netherlands Courts and the aforementioned Disputes Committee are qualified to deal with disputes.
The Carrier will endeavour to settle disputes about Passengers' complaints seriously and reasonably to the Passengers' satisfaction.
If the parties cannot reach agreement, the Carrier must inform the Passenger making the complaint about the option of referring the dispute to the Disputes Committee mentioned in paragraph 2.
If the Passenger holds the Carrier liable for damage, he must report the said damage to the Carrier in writing as soon as possible, stating the type and extent of the damage.

Article 16: Other conditions

RMC B.V. will only modify the present General Conditions in consultation with KNV Taxi and the Consumers' Association.
The invalidity of one of the stipulations or clauses of the present General Conditions will leave unaffected the validity of the remaining stipulations or clauses, the invalid stipulations or clauses being replaced by new stipulations or clauses, coming as close as possible in terms of their objectives to the preceding invalid stipulations or clauses.
All Transport Agreements to which the present conditions are declared to be applicable, are governed by the law of The Netherlands.
The present General Conditions are available to the public
The Carrier has an obligation to give information concerning the method by which a Passenger/Customer is able to obtain the present Conditions at his/her request.
The present Conditions are also obtainable on request and free of charge from the website www.rmc-rotterdam.nl.