Terms and Conditions

Terms and Conditions

Article 1: Definitions
In these General Terms and Conditions for Taxi Transport
the following terms are understood to mean:
1. Taxi transport: all agreed transport of persons by Car
as stated in Article 1 under f. of the Passenger Transport
Act of 2000, in which the price of the journey is agreed in
advance or is determined by the use of the taximeter.
Transport shall also include entering and leaving the
vehicle.
2. Contract of Carriage: the agreement concluded
between Passenger/Client and Carrier for the transport by
taxi.
3. Taxi rank: a part of the public road designated by the
road administrator as a parking place for taxis.
4. Car: motor vehicle as stated in Article 1 sub f. of the
Passenger Transport Act of 2000.
5. Passenger: the person being transported by the Carrier.
6. Client: the natural or legal person concluding a
Contract of Carriage with the Carrier.
7. Commission:
a. a Commission by a natural person of a Carrier waiting
for passengers at a Taxi rank;
b. any other Commission of Carrier by a Passenger/Client.
8. Carrier: the natural person or legal entity, including its
driver(s) of the car(s), undertaking the transport of persons
by Car.
9. Driver: the driver of the car in which taxi transport is
carried out (the taxi driver) who is employed by Carrier,
including auxiliary staff who are not employed by Carrier
but do provide services commissioned by Carrier in a
vehicle provided by the Carrier or a vehicle made available
to Carrier.
10. Hand baggage: baggage accompanying a Passenger,
which is easy to transport, and can be either carried or
wheeled, and which is understood to include live animals,
and other objects allowed by Carrier as hand baggage.
11. Taximeter: device in the car which indicates the
transport price in accordance with the known rates. The
taximeter has to be visibly present.

Article 2: General Terms and Conditions: Applicability
These General Terms and Conditions shall apply to all
Contracts of Carriage and shall form the basis for the
settlement of disputes by the Taxi Industry Disputes
Committee, as stated in Article 14 of these General Terms
and Conditions.

Article 3: Conclusion of Contract of Carriage
1. A Contract of Carriage is concluded after the
acceptance by the passenger of the offer by Carrier for a
Commission.
2. In the case of a Commission as stated in Article 1
under 7a, Carrier shall be obliged to accept this
commission, not withstanding the provisions of Article 4
first paragraph.
3. The obligations of Carrier, including article 7, shall apply
equally to the Passenger who is not acting as the Client.

Article 4: Termination and cancellation of Contract of
Carriage
1. Carrier may bring the journey to an immediate halt and,
in turn terminate the Contract of Carriage, in the event
that Passenger causes such hindrance that Carrier cannot
reasonably be expected to transport Passenger (any further).
In such a case, Carrier may order Passenger to
leave the vehicle immediately.
2. In a case such as the one described in paragraph 1,
Carrier shall not be obliged to pay any compensation to
Passenger.
3. When a journey is prematurely terminated, Passenger,
in the case that the price of the journey is calculated by
the taximeter, shall owe the amount displayed on the
taximeter at the time that the journey is terminated. In the
case that a price is agreed upon in advance, Passenger
shall owe a proportionate part of the amount of that part
of the journey already driven.
4. Passenger/Client may cancel a journey booked with
Carrier before its commencement. In such cases,
Passenger/Client shall be obliged to pay a fair and
reasonable compensation to Carrier in case of
demonstrable damage. This also applies to the situation in
which a passenger does not appear at the place agreed
upon with Carrier.
5. In the event that Carrier does not appear for a booked
journey as agreed, Passenger shall be entitled to
compensation based on fairness and reasonableness if
there is demonstrable damage.

Article 5: Obligations and authorities of Passenger
1. Passenger shall be obliged to:
a. follow all reasonable indications or instructions by
Carrier, such as sitting in the seat indicated by Carrier;
b. put on a seatbelt before the journey commences.
Any penalty arising from non-compliance with this
obligation by Passenger may be recovered from Passenger.
2. In the Car, Passenger shall be obliged to refrain from:
a. damaging and/or soiling the Car;
b. consuming alcoholic drinks, unless with the express
permission of Carrier;
c. carrying and/or using drugs/narcotics;
d. using tobacco products;
e. aggressive behavior, physical violence, harassing,
threatening, or any other improper behavior towards
Carrier and/or others;
f. hindering the Carrier in any manner whatsoever in the
performance of his task.
3. Passenger shall be obliged to pay either the previously
agreed price for the journey or the journey price indicated
by the taximeter.
4. In the event that a situation occurs or arises on the part
of the Carrier which Passenger was not required to be
aware of at the time of concluding the agreement but
which, if he/she had been aware of it, could have been
considered reasonable grounds for not concluding the
Contract of Carriage or for concluding it under different
conditions, Passenger shall be authorized to terminate the
contract. The contract may be terminated by a verbal or
written notification from the passenger, and the contract
shall end at the time of receipt of the notification by
Carrier. In accordance with the standards of
reasonableness and fairness, parties shall be obliged to
compensate damage suffered as a consequence of
termination of the Contract of Carriage.
5. Passenger is authorized to change the final destination
of the journey in the course of the journey, in accordance
with the stipulations of paragraph 3.
6. In the event that Passenger chooses to open the door
him/herself, he/she shall be obliged to open the door in
such a way that it does not form a hindrance and/or
danger to traffic.

Article 6: Payment
1. Execution pursuant to the Contract of Carriage shall be
carried out on the basis of the identified and correctly
publicized rates which are based on the Passenger
Transport Act of 2000, in which the cost of the journey is
agreed upon in advance or is determined by the use of the
taximeter.
2. Payment by Passenger/Client to Carrier shall be in cash
in a legal tender generally accepted in the Netherlands,
including generally recognized forms of electronic
payment, unless agreed otherwise.
3. Carrier is entitled to require cash payments by
Passenger/Client to be made in the exact amount. Carrier
shall not be obliged to accept a number of coins in
payment if counting them would cause unreasonable
delay.
4. a. If the Passenger/Client fails to meet his/her payment
obligation(s), consumer is, after the carrier has notified
him/her of the late payment and the entrepreneur has
given the consumer a period of 14 days to meet his/her
payment obligations, obligated to pay the statutory
interest over the outstanding amount after this 14-daysterm
and the entrepreneur is entitled to charge the
extrajudicial collection costs incurred by him/her onto the
consumer. These collection costs shall not exceed the
following levels: 15% on outstanding amounts up to
€ 2,500, 10% over the subsequent € 2,500 and 5% on
the following € 5,000, with a minimum of € 40. The
entrepreneur may derogate from the indicated amounts
and percentages to benefit the consumer.
b. As far as Passenger/Client acted in the exercise of a
profession or business, Carrier appeals to the
reimbursement of the extrajudicial (collection) costs, which
costs, in that case, by way of derogation from article 6:96,
paragraph 4 BW and by way of derogation from the
Compensation for Extrajudicial Collection Costs Decree,
shall be set to 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 reciprocal claims.

Article 7: Obligations and authorities of Carrier
1. Carrier shall be obliged to transport the Passenger, and
any hand baggage he/she is carrying, in a careful and safe
manner.
2. Carrier shall be obliged to take Passenger to the
destination via the route most favorable to Passenger,
whether it be the fastest or most economically beneficial,
unless Passenger or the control room/switchboard
specifically requests or instructs the Driver to take a
different route.
3. Carrier shall be obliged to assist Passenger with
entering and leaving the vehicle and with loading and
unloading hand baggage, unless (traffic) technical reasons
make this impossible.
4. When using a taximeter, Carrier shall be obliged to
leave the amount showing on the taximeter at the end of
the journey for a period long enough to reasonably allow
Passenger to read the mileage.
5. Carrier shall be obliged, as prescribed in article 1 of the
Publicized maximum rates and publicized taxi transport
rates, to provide proof of payment indicating at least the
information prescribed there, like price of the journey and
corresponding rates, distance driven, name, address and
license number of the company, license plate of the
vehicle, date and start and end time of the journey.
6. Carrier shall be obliged to treat with care any personal
information which it obtains in connection with booking of
journeys or by any other means. Carrier processes these
data in accordance with the Data Protection Act.
7. If Carrier wishes to discontinue the transport fully or
partially, Carrier shall inform Passenger as quickly as
possible of the discontinuation, and if possible, of the
reasons, the measures it intends to take and the possible
duration.

Article 8: Hand baggage
1. Passenger shall be obliged to pack hand baggage
properly.
2. Carrier shall be entitled to refuse to transport hand
baggage, which by its very nature could be a nuisance,
dangerous or illegal, or could cause damage or pollution.
Such a situation will occur in any event if the hand
baggage consists of a:
a. firearms, striking and/or stabbing weapons;
b. explosive substances;
c. pressurized gases in reservoirs;
d. combustible or easily flammable substances;
e. substances with a strong or unpleasant odor;
f. narcotics;
g. ammunition.
3. Carrier shall be obliged to take reasonable care to
ensure that hand baggage belonging to Passenger is not
lost or damaged.

Article 9: Transport of animals
1. Notwithstanding the provisions of the following
paragraph of this Article, live animals may be transported
in an easily portable basket, bag or similar object which
can be placed or held on the lap. Dogs may also be
transported in another manner, on the condition that they
are kept on a short leash.
2. The animals described in the first paragraph may not be
transported if they could cause any form of nuisance or
hindrance to Passenger or Driver or if they are suffering
from a serious illness.
3. Assistance dogs, such as guide dogs have to be
transported obligatory under any circumstance. In case of
an allergy, Driver must provide alternative transport within
15 minutes.

Article 10: Lost property
In relation to lost property, in accordance with the general
statutory provisions (article 5 up to and including 12 of
book 5 Civil Code) in respect of the notification and
reporting obligation and giving and taking into custody,
the following shall apply:
1. Passenger shall be obliged to notify Carrier as quickly as
possible of any objects or sums of money he/she finds.
Carrier is authorized to take into custody such objects or
sums of money found, in exchange for a receipt. In the
event that the finder retains the object or sum of money
found, he/she shall be obliged to do everything that can
reasonably be expected of him/her to find the owner or
person who lost the object/money.
2. Carrier shall be authorized to sell an object found by
Driver or found by another party and given to it, after
three months or, if the object is not suitable for keeping in
to custody, before that time, insofar as the property is not
valuable.
3. Carrier shall be obliged to give any lost property, the
proceeds from the sale described in paragraph 2 or the
amount of money found to the entitled party, if party
reports within a year of notification of the loss. In the
event that the entitled party demands the found object or
the proceeds of the sale of lost property, Carrier may
charge the custody fees and administration costs.

Article 11: Force majeure
1. A breach may not be attributed to Carrier if it cannot
be attributed to a fault on its part, either in accordance
with law, legal act or generally accepted standards (force
majeure). In the event that Carrier cannot meet its
obligations to Passenger/Client due to force majeure,
Passenger/Client can rescind the contract.
2. In the event of force majeure, Passenger/Client shall not
be entitled to compensation with the exception of the
provisions of article 6:78 of the Civil Code.

Article 12: Carrier liability
1. Carrier shall be liable for damages caused by the death
of or injury to Passenger as a consequence of an accident
which occurs in connection with or during the
transportation. Carrier cannot be held liable if the accident
is caused by circumstances which a careful Carrier could
not have avoided, and the consequences which Carrier
was unable to prevent. Compensation for damages which
may be payable by Carrier in the aforementioned
circumstances is limited by law to a sum of € 1,000,000
per Passenger with a maximum of € 15,000,000 per
event.
2. Carrier shall be liable for damages caused by full or
partial loss or damage to hand baggage, as far as this loss
or this damage occurs during transportation and is caused:
a. by an accident occurring to Passenger which can be
attributed to Carrier or
b. due to a situation which a careful Carrier could have
avoided, or the consequences which a Carrier could have
prevented. Compensation for damages which may be
payable by Carrier in the case of loss or damage to hand
baggage is limited by law to € 1,500 per Passenger.
3. In the case of delay, Carrier shall be liable by law to pay
a maximum of € 1,000.

Article 13: Passenger liability
Passenger shall, in principle, be obliged to pay
compensation to Carrier for damages caused to Carrier by
him/her or his/her hand baggage, except insofar as this
damage is caused by a situation which a careful Passenger
could not have avoided and insofar as a Passenger could
not have prevented the consequences thereof. Passenger
cannot appeal to the state of or defects to his/her hand
baggage. Cleaning fees also belong to the compensation
for damage referred to in this article.

Article 14: Complaints and disputes
1. Complaints about the conclusion and execution of the
Contract of Carriage must be fully and clearly described
and submitted to Carrier within reasonable time after the
Passenger/Client has identified, or was reasonably able to
identify, the defect(s).
2. In the event of complaints by Passenger, Carrier shall
make every effort to handle these complaints in a serious
and reasonable manner to the satisfaction of Passenger,
partly in order to prevent disputes.
3. In the event that parties cannot reach settlement,
Carrier should inform the complaining Passenger of the
possibility of submitting such a dispute to the Disputes
Committee as mentioned in paragraph 5.
4. In the event Passenger holds Carrier liable for damage,
this damage should be reported as soon as possible to
Carrier in writing. The nature and the extent of the
damage should be indicated as an approximation.
5. Disputes between Passenger/Client and Carrier about
the conclusion and execution of agreements in relation to
services provided or to be provided by this Carrier can be
submitted by either Passenger/Client or Carrier to the Taxi
Transport Disputes Committee, PO Box 90600, 2509 LP
The Hague, the Netherlands.
6. Disputes will only be dealt with by the Disputes
Committee if Passenger/Client has first presented his/her
complaint to Carrier.
7. If the complaint does not reach a solution then the
dispute must be brought to the Disputes Committee
within 12 months in writing or in another form after the
date on which the consumer submitted the complaint to
Carrier.
8. When Passenger submits a dispute to the Disputes
Committee, Carrier is bound by this choice. In the event
that Carrier wishes to submit a dispute to the Committee,
it must request Passenger in writing to declare his/her
agreement within five weeks. When doing so, Carrier shall
notify Passenger that after the expiration of the
aforementioned period, it shall feel free to submit the
dispute to the ordinary court.
9. The Disputes Committee shall rule in accordance with
the provisions of the regulation applicable to it. The
Disputes Committee’s regulations can be sent upon
request. Decisions of the Disputes Committee take the
form of a binding recommendation. A fee is charged for
hearing a dispute.
10. The Dutch court or the aforementioned Disputes
Committee is exclusively authorized to hear disputes.

Article 15: Performance guarantee
1. DTC Taxi guarantees compliance with the binding
advice of the Disputes Committee Taxi Transport by its
members, unless the member submits the binding advice
to a judge for annulment within two months. This
guarantee revives if the binding advice has remained in
place after judicial review and the verdict which proves
this has acquired the force of res judicata.
2. DTC Taxi does not provide a performance guarantee if,
before the dispute has been heard by the Disputes
Committee Taxi Transport and a final decision has been
made, one of the following situations occurs:
a. the member has been granted suspension of payments,
or;
b. the member has been declared bankrupt, or;
c. the business activities have in fact ended.
Decisive for the latter situation is the date on which the
cessation of operation is registered in the trade register or
an earlier date, of which DTC Taxi can demonstrate that
the business operations have in fact ended;
3. The guarantee provided by DTC Taxi is limited to
€ 10,000 per binding advice. DTC Taxi provides this
guarantee under the condition that Passenger/Client who
appeals to this guarantee transfers (assigns) his/her claim
to DTC Taxi, based on the binding decision up to the
maximum amount of money paid out, simultaneously with
the remuneration of his/her appeal on the performance
guarantee. For larger sums, DTC Taxi has an obligation to
ensure that the member complies with the binding
decision. This obligation to ensure entails that the
consumer is offered to also transfer his claim for the larger
sums to DTC Taxi, after which this organization shall, in its
own name and at the expense of DTC Taxi, take legal
steps to demand fulfillment of the payment thereof to
compensate the consumer or the consumer is offered the
option that DTC Taxi will taken on the (extra)judicial
collection proceedings in the consumer’s name and at the
expense of DTC Taxi, all at the discretion of DTC Taxi.

Article 16: Remaining conditions
1. DTC Taxi shall only amend these General Terms and
Conditions in consultation with the Consumentenbond.
2. All Contracts of Carriage to which these conditions
have been declared applicable shall be governed by Dutch
law.
3. Carrier is obliged to make known the manner in which
Passenger/Client can obtain a copy of these General Terms
and Conditions upon request.
4. These terms and conditions are public and can be
consulted on the Internet, inter alia at www.dutchtaxicompany.com and
may also be obtained free of charge from Carrier upon
request.