Address: Karpatastraat 3, 1103TG Amsterdam
Chamber of Commerce: 34187975
General Terms and Conditions for AAA Limousine Service
Filed by Royal Dutch Transport at the registry of the District Court in The Hague on 22 June 2006, record number 50/2006, to replace and follow up the General Terms and Conditions for Taxi Transport dated 20 March 2003, file number 31/2003 previously filed by Royal Dutch Transport . 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 Coordination Group for Self-Regulation Consultation (CZ) of the Social Economic Council and will come into force in July 2006. The CZ would appreciate it if this is stated in a quote from these General Terms and Conditions.
Article 1: Definition
In these General Terms and Conditions for Taxi Transport the following definitions apply:
- Taxi transport: all agreed passenger transport by Car as referred to in Article 1 sub f. of the Passenger Transport Act 2000, whereby the fare has been agreed in advance or is determined by using the taximeter. The transport also includes boarding and disembarking.
- Transport Agreement: the agreement concluded between Traveller/Client and Carrier to provide taxi transport.
- Taxi stand: a part of the road open to public traffic that has been designated by the road authority as a parking space for taxis
- Car: motor vehicle, as referred to in Article 1 sub f. of the Passenger Transport Act 2000.
- Traveler: the person being transported by the Carrier.
- Client: the natural or legal person who enters into a Transport Agreement with the Carrier.
- an order from a natural person to a Carrier waiting for travelers at a Taxi Stand;
- any other order from a Traveler/Client to the Carrier, in whatever form
- Carrier: the natural person or legal entity, including its Personnel, who undertakes to transport persons by Car.
- Personnel: Personnel employed by the Carrier, including auxiliary persons, who are not employed by the Carrier but who do serve on its instructions in a means of transport of the Carrier or a means of transport that has been made available to the Carrier.
- Hand Baggage: Baggage that a Traveler carries with him as easy to carry, portable or wheeled, including live animals, as well as objects that are admitted as hand baggage by the Carrier.
Article 2: Scope of General Terms and Conditions
These General Terms and Conditions apply to all Transport Agreements and form the basis for the handling of disputes by the Taxi Transport Disputes Committee, as referred to in Article 16 of these General Terms and Conditions.
Article 3: Realization of the Transport Agreement
A Transport Agreement is concluded after acceptance of an Assignment by the Carrier. If there is an order as referred to in Article 1 under 7a, the Carrier is obliged, subject to the provisions of Article 7, sixth paragraph, to accept this order. The Carrier’s obligations also apply to the Traveler who does not act as the Client. By accepting the trip, the Traveler enters into the Transport Agreement as a party.
Article 4: Termination of the Transport Agreement
- The Carrier may immediately suspend the continuation of the journey and thus terminate the Contract of Carriage if the Traveler causes such a nuisance that the Carrier cannot reasonably be expected to transport the Traveler. In that case, the Carrier can order the Traveler to leave the vehicle immediately.
- In a case as referred to in paragraph 1, the Carrier is not obliged to compensate the Traveler for any damage
- In the event of premature termination, the Traveler will owe the amount indicated by the taximeter at the time of termination of the trip if the fare is determined via the taximeter. If a fare has been agreed before the start of the ride, the Traveler owes a proportionate part thereof, as compensation for the part of the ride already driven.
- The Traveler/Client may cancel the trip ordered with the Carrier before the start of the trip. In such a case, the Traveler/Client is obliged to pay reasonable and fair compensation to the Carrier.
- If the carrier does not appear as agreed upon for an ordered trip, the traveler is entitled to compensation based on reasonableness and fairness in the event of demonstrable damage.
Article 5: Obligations and powers Traveler
- Traveler is held:
- To follow all reasonable directions or instructions given by the Carrier, such as taking a seat in the seat designated by the carrier;
- Put on the seatbelt before the ride. A legally imposed penalty resulting from non-compliance with this obligation by the Traveler can be recovered from the Traveler.
2. The Traveler is obliged to refrain from:
- Damage and/or contamination of the Car;
- The use of alcoholic beverages, unless expressly authorized by the Carrier;
- Carrying and/or using narcotics;
- Using smoking materials, unless with the express permission of the Carrier;
- Aggression, committing physical acts, harassing, threatening, or otherwise behaving improperly towards Carrier and/or others;
- Interfering in any way with the Carrier in the performance of its duties.
- The Traveler is obliged to pay either the pre-agreed fare or the fare determined by the taximeter.
- If circumstances on the side of the Carrier arise or come to the fore before or during the journey, which the Traveler did not need to know when concluding the agreement, but which, if they had been known to him, would reasonably have given him grounds for the not to enter into a contract of carriage or on other conditions, the Traveler is authorized to terminate the contract. Termination is effected by oral or written notice and the agreement ends upon receipt thereof. In accordance with 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.
- The Traveler is authorized to change the final destination of the ride in the meantime; this with due observance of the provisions of paragraph 3.
- If the Traveler 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 arises.
Article 6: Payment
- Payments by the Traveler/Client to the Carrier must be made in cash using a means of payment generally accepted in the Netherlands, including generally recognized forms of electronic payments, unless agreed otherwise.
- The Carrier is entitled to encourage the Traveler/Client to ensure that cash payments are made in the exact amount. The Carrier is not obliged to accept an amount of coins as payment, the counting of which causes a disproportionate delay.
- Carrier will send an invoice to Traveller/Client if non-cash payment has been agreed.
- Payment by the Traveler/Client must be made without any discount, suspension or settlement within 30 days of the invoice date. If this term is exceeded, the Traveler will be in default and costs may be charged in accordance with the statutory regulations.
- The Carrier is at all times entitled to set off its claims against the Traveller/Client against its debts to the Traveller/Client.
- Execution on the basis of the Transport Agreement takes place on the basis of rates as determined by the Carrier and made known to the Traveler/Client in advance.
Article 7: Obligations and powers of the Carrier
- Carrier is obliged to transport the Traveler, as well as the luggage carried by him, in a careful and safe manner.
- The Carrier is obliged to take the Traveler to the destination by the most favorable route for the Traveler, either via the fastest or most economically advantageous route, unless the Traveler or the control room/control center expressly requests or orders to drive along a different route.
- The Carrier is obliged to assist the Traveler with boarding and disembarking as well as loading and unloading luggage, unless this is absolutely impossible for (traffic) technical reasons.
- When using the taximeter, the Carrier is obliged to leave the reading of the taximeter at the end of the journey for as long as it takes for the Traveler to reasonably inform himself of the reading.
- The Carrier is obliged to provide the Traveler with proof of payment at his request, stating at least the fare, company name, driver name, date and (global) time of the journey.
- The Carrier is authorized to deny access to the means of transport to a Traveler 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 the Carrier cannot reasonably be expected to transport this Traveler. . Article 4 applies mutatis mutandis.
- The Carrier is obliged to handle personal data with care, obtained in connection with the booking of journeys or otherwise in accordance with the Personal Registrations Act.
- The Carrier is entitled, if compelling circumstances require it to do so, to suspend the carriage in whole or in part. Carrier will inform the Traveler as soon as possible of the suspension and if possible of the reasons, the measures to be taken by him and the possible duration. In the event of premature termination, the Traveler will owe the amount indicated by the taximeter at the time of termination of the trip if the fare is determined via the taximeter. If a fare has been agreed before the start of the ride, the Traveler will owe a proportionate part of that agreed fare for the part of the ride that has already been carried out.
Article 8: Hand luggage
- The Traveler is obliged to pack his hand luggage properly.
- Carrier has the right to refuse the transport of hand luggage, which by its nature is or may be inconvenient, dangerous or prohibited, or which may give rise to damage or contamination.
- Such a situation will in any case arise if Hand Baggage consists of:
- Firearms, melee and/or stabbing weapons;
- explosive substances;
- compressed gases in reservoirs;
- Spontaneously combustible or highly flammable substances;
- Strong or bad smelling substances;
- The Carrier is obliged to use reasonable care so that the Traveler’s hand luggage is not lost or damaged.
Article 10: Found objects
With regard to found objects, with due observance of the general statutory provisions with regard to the declaration and reporting obligation and the giving and taking into custody, the following applies:
- The Traveler is obliged to notify the Carrier as soon as possible of any object or sum of money found by him. The Carrier is authorized to take into custody an object or sum of money found in this way against the presentation of proof. If the finder retains the found object or the sum of money, he is obliged to do everything that can reasonably be expected of him to find the owner or loser.
- The Carrier is authorized to sell an item found by Personnel or found by another person and handed over to it after three months or, if the item is not suitable for storage, sooner, insofar as it concerns non-valuable items.
- The Carrier is obliged to hand over a found object, the proceeds of an object sold pursuant to paragraph b or the amount of a found sum of money to the rightful claimant, if the latter reports the loss within three years. If the person entitled claims the proceeds of the sale of a found object, the carrier may offset the owing storage fee and administration costs against that proceeds.
- The Carrier may charge administration costs for the handling of a request relating to a lost item or sum of money.
Article 11: Cancellation
The Traveler/Client is entitled to cancel the previously concluded Transport Agreement with a previously agreed fare by means of oral or written notification:
- If the cancellation takes place between 21 and 14 days before the start of the transport, the Traveller/Client owes the carrier: 10% of the agreed fare;
- If the cancellation takes place between 14 and 2 days before the start of the transport, the Traveller/Client owes the Carrier: 35% of the agreed fare;
- If the cancellation takes place a maximum of 2 days before the start of the transport, the Traveller/Client owes the Carrier: 75% of the agreed fare;
- If the cancellation takes place during transport: the full fare.
- If the Traveler demonstrates that the damage suffered by the Carrier is less than the amount resulting from the application of paragraph 1, those lower costs will be charged.
Article 12: Force majeure
- If the Carrier is unable to meet its obligations towards the Traveler/Client due to a non-attributable shortcoming (force majeure), the fulfillment of those obligations will be suspended for the duration of the force majeure situation. A shortcoming cannot be attributed to the Carrier if it is not due to its fault, nor is it for its account by virtue of the law, legal act or generally accepted views.
- In the event of force majeure, the Traveler/Client is not entitled to any compensation. If a shortcoming cannot be attributed to the Carrier, but he enjoys an advantage in connection with that shortcoming that he would not have had if he had performed properly, the Traveler is entitled to compensation for his damage, subject to the rules regarding unjust enrichment, up to a maximum of the amount of this benefit.
Article 13: Carrier’s liability
- Carrier is liable for damage caused by death or injury of the Traveler as a result of an accident that happened to the traveler 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 was unable to prevent. The compensation that the Carrier may owe in the circumstances mentioned is legally limited to an amount of € 137,000 per Traveler.
- Carrier is liable for damage caused by total or partial loss of or damage to the hand luggage, insofar as this loss or damage occurred during transport and was caused: a. due to an accident that happened to the Traveler for which the Carrier is responsible or due to a circumstance that a diligent Carrier could have avoided or the consequences of which such a Carrier could have prevented. The compensation that the Carrier may owe in the event of loss or damage to Hand Baggage is limited by law to an amount of € 1,000 per Traveler.
- In the event of a delay, the Carrier is legally liable to a maximum of € 1,000.
Article 14: Traveller’s liability
In principle, the Traveler is obliged to compensate the Carrier for damage he or his luggage causes to the Carrier, except insofar as this damage was caused by a circumstance that a diligent Traveler could not have avoided and insofar as such a Traveler could not have prevented the consequences thereof . Traveler cannot rely on the quality or defect of his luggage.
Article 15: Insurance
- The Traveler/Client may instruct the Carrier to take out insurance at its expense that covers the risks for which the Carrier is not liable.
- If the Traveller/Client has instructed the Carrier to take out such or very limited insurance and the Carrier has accepted and confirmed the order, the Carrier will be liable for the damage resulting for the Traveller/Client from the non-performance of the order given to the Carrier.
- In the event of very valuable hand luggage, the Carrier can oblige the Traveler/Client to take out proper travel and luggage insurance. In such a case, the Carrier may request the Traveler/Client to provide proof of this.
Article 16: Complaints and disputes
- Complaints about the formation and performance of the Transport Agreement must be fully and clearly described and submitted to the Carrier within 6 weeks after the Traveler/Client has discovered or has been able to detect the defects. Failure to submit the complaint in time may result in the Traveler/Client losing his rights in this regard.
- Disputes between Traveller/Client and Carrier about the formation or performance of agreements with regard to services to be delivered or provided by this Carrier can be submitted by both Traveler/Client and Carrier to the Taxi Transport Disputes Committee, PO Box 90600, 2509 LP The Hague .
- A dispute will only be dealt with by the Disputes Committee if the Traveller/Client has first submitted its complaint to the Carrier.
- After the complaint has been submitted to the Carrier, the dispute must be submitted in writing to the Disputes Committee no later than three months after it arose.
- When the Traveler 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 Traveler in writing to express its agreement within five weeks. The Carrier must also announce that after the expiry of the aforementioned term, it will consider itself free to submit the dispute to the ordinary court.
- The Disputes Committee makes a decision with due observance of the provisions of the regulations applicable to it. The regulations of the Disputes Committee will be sent on request. The decisions of the Disputes Committee are made by way of binding advice. A fee is due for handling a dispute.
- Only the Dutch court or the aforementioned disputes committee is authorized to take cognizance of disputes.
- The Carrier will make an effort, partly to prevent disputes, to handle complaints from the Traveler seriously and reasonably to the satisfaction of the Traveler.
- In the event that the parties fail to reach a settlement, the Carrier must inform the complaining Traveler of the possibility of submitting the dispute thus arising to the disputes committee referred to in paragraph 2.
- If the Traveler holds the Carrier liable for damage, the Traveler must report this damage to the Carrier in writing as soon as possible. The nature and extent of the damage must be indicated approximately.
Article 17: Other conditions
- KNV Taxi and AAA Limousine Service will only change these General Terms and Conditions in consultation with the Consumers’ Association.
- Nullity of one of the provisions or paragraphs thereof in these General Terms and Conditions does not affect the validity of the other provisions or the other paragraphs. In that case, the void provisions or paragraphs thereof will be replaced by new provisions or paragraphs that correspond as much as possible with the old void provisions or paragraphs in terms of content, scope and purpose.
- All Transport Agreements to which these terms and conditions have been declared applicable are subject to Dutch law.
- These General Terms and Conditions are public.
- The Carrier is obliged to publicize the way in which the Traveler/Client can obtain these Terms and Conditions at his request.
- All airport pick-ups include a standard waiting time of 60 minutes after actual landing time. All airport or city transfers include a standard waiting time of 15 minutes. After the free waiting, we introduce waiting time per 30 minutes
- All passengers are picked up at the airport or lobby with a name sign at the gate/entrance.
- All rates include 9% VAT.
- All rates do not include entrance fees, visas, tolls and drivers accommodation (if applicable).
- Cancellation costs:
> 72 hours: free
< 72 hours > 24 hours: 25% of the total cost
< 24 hours: 75% of the total cost
< 12 hours: 100% of the total cost
Upon request, these terms and conditions are also available free of charge from the carrier and can be consulted via the internet, including at www.aaa-service.nl.