General Terms and Conditions
The establishment of Rotterdam Taxi Service (RTS) has been formally recorded with the Chamber of Commerce (KvK). This process involved the official registration of the company, resulting in the assignment of a KvK number. The KvK number serves as a unique identification for RTS, providing transparency in the business domain.
The registration with the KvK includes essential information about Rotterdam Taxi Service, such as the company name, legal form, address details, and other relevant business details. This information is accessible to the public and stakeholders, including customers, partners, and government agencies.
The formal registration with the KvK confirms the legal status of Rotterdam Taxi Service, and the KvK number serves as a crucial identifier in business transactions and correspondence. The entire process at the KvK contributes to the credibility and transparency of RTS as a business.
Article 1 - Definition:
- Taxi Transport: All agreed-upon passenger transport by car, as defined in Article 1 sub f. of the Passenger Transport Act 2000. This includes situations where the fare is agreed upon in advance or determined by the use of the taxi meter. The transport also includes boarding and alighting.
- Transport Agreement: The agreement concluded between the Passenger/Client and the Carrier to perform taxi transport.
- Taxi Stand: A specific part of the public road designated by the road manager as a parking place for taxis.
- Car: A motor vehicle, as referred to in Article 1 sub f. of the Passenger Transport Act 2000.
- Passenger: The person transported by the Carrier.
- Client: The natural or legal person who enters into a Transport Agreement with the Carrier.
- Assignment: a. An assignment from a natural person to a Carrier waiting at a Taxi Stand for passengers; b. Any other assignment from a Passenger/Client to the Carrier, in any form whatsoever.
- Carrier: The natural person or legal entity, including its personnel, undertaking to transport persons by car.
- Personnel: Employees in the service of the Carrier, including auxiliaries not in the service of the Carrier but acting on its behalf in a vehicle of the Carrier or a vehicle made available to the Carrier.
- Hand Luggage: Luggage that a Passenger can easily carry, portable or wheeled, including live animals and items allowed by the Carrier as hand luggage.
Article 2 - Scope of General Conditions:
These General Conditions apply to all agreements related to taxi transport and serve as a guide for the settlement of disputes by the Taxi Transport Disputes Committee, as described in Article 15 of these conditions.
Article 3 - Conclusion of Transport Agreement:
A Transport Agreement is concluded after the Carrier has accepted an Assignment. In the case of an assignment as referred to in Article 1 under 7a., the Carrier is obliged, with the exception of the provisions of Article 7, paragraph 6, to accept this assignment. The obligations of the Carrier also apply to the Passenger who does not act as a Client. By accepting the journey, the Passenger becomes a party to the Transport Agreement.
Article 4 - Termination of Transport Agreement:
- The Carrier reserves the right to immediately cease the journey and thereby terminate the Transport Agreement if the Passenger causes such hindrance that it cannot reasonably be expected of the Carrier to further transport the Passenger. In such a case, the Carrier may instruct the Passenger to immediately leave the vehicle. In the case referred to in paragraph 1, the Carrier is not obliged to compensate any damage to the Passenger.
- In the event of premature termination, the Passenger, if the fare is determined by the taxi meter, owes the amount indicated by the taxi meter at the time of termination of the journey.
- If a fare has been agreed upon before the start of the journey, the Passenger owes a proportional part thereof as compensation for the part of the journey already traveled.
- Passenger/Client has the option to renounce before the start of the journey ordered by the Carrier. In such a case, the Passenger/Client is obliged to compensate the Carrier based on reasonableness and fairness.
- If the Carrier does not appear as agreed upon in a booked journey, the Passenger is entitled to compensation based on reasonableness and fairness for proven damage.
Article 5 - Obligations and Powers of the Passenger:
- The Passenger is obliged to: a. Follow reasonable instructions or instructions from the Carrier, including taking a seat in the designated seat; b. Wear the seatbelt before the start of the journey. A legal fine resulting from non-compliance with this obligation can be charged to the Passenger.
- The Passenger must refrain from: a. Damaging and/or polluting the Car; b. The use of alcoholic beverages, unless with the explicit consent of the Carrier; c. Carrying and/or using narcotic substances; d. Smoking; e. Aggression, assault, harassment, threats, or any other improper behavior towards the Carrier and/or others; f. Interfering with the Carrier in the performance of his task in any way.
- The Passenger is obliged to pay either the agreed-upon fare or the fare determined by the taxi meter.
- If circumstances arise on the part of the Carrier during the journey that the Passenger did not have to know at the conclusion of the agreement but which, if known, would reasonably have given grounds to the Carrier to not enter into the Transport Agreement or under other conditions, the Passenger has the right to terminate the agreement. The termination must be reported orally or in writing, and the agreement ends upon receipt of the notification. In reasonableness and fairness, both parties are obliged to compensate each other for the damage suffered after termination.
- The Passenger has the right to change the final destination of the journey during the journey, in accordance with the provisions of paragraph 3.
- If the Passenger chooses to open the door himself, he is obliged to open the door in such a way that there is no hindrance and/or danger to traffic.
Article 6 - Payment:
- Passenger/Client must make payments to Carrier in cash using a common means of payment in the Netherlands, including generally accepted forms of electronic payments, unless otherwise agreed.
- Carrier may request that cash payments by Passenger/Client be made in exact change. Carrier is not obliged to accept a quantity of coins as payment if counting them causes disproportionate delay.
- If payment is not agreed to be in cash, Carrier sends an invoice to Passenger/Client. Payment must be made without any discount, suspension, or set-off within 14 days of the invoice date. In case of exceeding this period, default occurs, and costs can be charged in accordance with legal regulations.
- Carrier retains the right to offset its claims against Passenger/Client with any debts of Passenger/Client.
- The execution of the Transport Agreement is based on rates determined by Carrier and communicated to Passenger/Client in advance.
- Administrative Costs: A surcharge of € 0.60 incl. VAT per invoice is applied for payment on account.
Article 7 - Obligations and Powers of the Carrier:
- Carrier is obliged to transport the Passenger and their Hand Luggage carefully and safely.
- It is the duty of the Carrier to take the Passenger to the destination via the most favorable route for the Passenger, whether it be the fastest or economically most advantageous, unless explicitly requested otherwise by the Passenger or the control room/center.
- Carrier must assist in boarding and alighting, as well as in loading and unloading Hand Luggage unless it is completely impossible for (traffic) technical reasons. When using the taxi meter, Carrier is obliged to leave the taxi meter standing long enough at the end of the journey so that the Passenger can reasonably be aware of the reading.
- Upon request of the Passenger, Carrier must provide a proof of payment with at least the fare, the name of the company, the name of the driver, date, and (approximate) time of the journey.
- If the Passenger does not comply with the provisions of these General Conditions, Carrier has the right to deny access to the means of transport or remove the Passenger from the means of transport if it cannot reasonably be expected that the Carrier transports this Passenger. Article 4 is applicable in this situation.
- Carrier must handle personal data obtained in connection with bookings of journeys or otherwise in accordance with the Personal Data Protection Act.
- Carrier has the right, if weighty circumstances make this necessary, to completely or partially suspend transport. Carrier informs the Passenger as soon as possible about the cessation and, if possible, about the reasons, measures to be taken, and possible duration. In the event of premature termination, the Passenger, if the fare is determined by the taxi meter, owes the amount indicated by the taxi meter at the time of termination of the journey. If a fare has been agreed upon before the start of the journey, the Passenger owes a proportional part of that agreed-upon fare for the performed part of the journey.
Article 8 - Hand Luggage:
- The Passenger must adequately package their Hand Luggage.
- Carrier reserves the right to refuse the transport of Hand Luggage if it, due to its nature, is cumbersome, dangerous, prohibited, or potentially harmful and may lead to damage or contamination. Such a situation occurs in any case if the Hand Luggage consists of: a. Firearms, blunt and/or sharp weapons; b. Explosive substances; c. Compressed gases in reservoirs; d. Substances susceptible to self-ignition or flammable substances; e. Strong or foul-smelling substances; f. Narcotics; g. Ammunition.
- Carrier is obliged to take reasonable measures to ensure that the Hand Luggage of the Passenger is not lost or damaged.
Article 9 - Transport of Animals:
- Live animals may be carried, except for what is determined in the next paragraph of this article, in an easily portable basket, bag, or a similar object that can be placed or held on the lap. However, dogs may also be carried in other ways, provided they are on a short leash.
- The animals mentioned in the first paragraph may not be taken if they can be in any way annoying or bothersome to the Passenger or the personnel, or if they suffer from a serious illness.
Article 10 - Found Objects:
The following provisions apply to found objects, taking into account the general legal regulations regarding reporting and notification obligations and the taking into custody and delivery:
- The Passenger is obliged to immediately inform the Carrier of an object or sum of money found by him. Carrier has the right to take the found object or sum of money into custody, upon presentation of proof. If the finder keeps the found object or sum of money with him, he is obliged to do everything reasonably possible to trace the owner or loser.
- Carrier has the right to sell an object found by the personnel or an object handed over to them after three months, or earlier if the object is not suitable for safekeeping, as long as it does not concern valuable items.
- Carrier is obliged to hand over a found object, the proceeds of a sold object as determined in paragraph 2, or the amount of a found sum of money to the entitled party if this party reports within three years after reporting the loss. If the entitled party claims the proceeds of the sale, Carrier may deduct the due storage fee and administrative costs from that proceeds.
- Carrier may charge administrative costs for handling a request regarding a lost object or sum of money.
Article 11 - Cancellation:
- The Passenger/Client has the right to cancel the pre-concluded Transport Agreement with a pre-determined fare through oral or written notice: a. In case of cancellation between 21 and 14 days before the start of transportation, the Passenger/Client owes the Carrier 10% of the agreed fare. b. In case of cancellation between 14 and 2 days before the start of transportation, the Passenger/Client owes the Carrier 35% of the agreed fare. c. In case of cancellation up to 2 days before the start of transportation, the Passenger/Client owes the Carrier 75% of the agreed fare. d. In case of cancellation during transportation, the full fare is due.
- If the Passenger can demonstrate that the damage suffered by the Carrier is less than the amount resulting from the application of section 1, these lower costs will be charged.
Article 12 - Force Majeure:
- If the Carrier, due to an unavoidable shortcoming (force majeure), cannot fulfill its obligations towards the Passenger/Client, the fulfillment of those obligations is suspended during the period of force majeure. A shortcoming cannot be attributed to the Carrier if it is not due to his fault and does not, under the law, a legal act, or generally accepted views in traffic, come at his expense.
- In case of force majeure, the Passenger/Client is not entitled to any compensation. If a shortcoming cannot be attributed to the Carrier, but he benefits from it in connection with that shortcoming in a way he would not have had with proper fulfillment, the Passenger, applying the rules regarding unjust enrichment, is entitled to compensation for his damage up to the amount of this benefit at most.
Article 13 - Liability of the Passenger:
In principle, the Passenger is obliged to compensate the damage caused by him or his Hand Luggage to the Carrier, unless this damage has arisen from a circumstance that a careful Passenger could not have avoided and the consequences of which such a Passenger could not have prevented. The Passenger cannot invoke the nature or a defect of his Hand Luggage.
Article 14 - Complaints and Disputes:
- Complaints regarding the conclusion and execution of the Transport Agreement must be submitted in full and clearly described to the Carrier within 6 weeks after the Passenger/Client has discovered or could have discovered the defects. The untimely submission of the complaint may result in the loss of rights for the Passenger/Client.
- Disputes between the Passenger/Client and the Carrier regarding the conclusion or execution of agreements relating to services to be provided or provided by this Carrier can be submitted by both the Passenger/Client and the Carrier to the Disputes Committee for Taxi Transport, PO Box 90600, 2509 LP The Hague.
- A dispute is only taken into consideration by the disputes committee if the Passenger/Client has first submitted his complaint to the Carrier.
- After the complaint has been submitted to the Carrier, the dispute must be submitted to the disputes committee in writing no later than three months after its occurrence.
- If the Passenger submits a dispute to the disputes committee, the Carrier is bound by this choice. If the Carrier wishes to dispute this, he must ask the Passenger in writing to state his position within five weeks. After this period has expired, the Carrier is free to submit the dispute to the regular court.
- The disputes committee issues a decision in accordance with the provisions of its applicable regulations. The regulations of the disputes committee will be sent on request. The decisions of the disputes committee are taken by way of binding advice. A fee is due for the treatment of a dispute.
- Only the Dutch court or the aforementioned disputes committee is authorized to handle disputes.
- The Carrier is committed to handling complaints from the Passenger seriously and reasonably to the satisfaction of the Passenger, also to prevent disputes.
- If parties do not reach a solution, the Carrier must refer the complaint of the Passenger to the aforementioned disputes committee.
- If the Passenger holds the Carrier liable for damage, he must report this damage to the Carrier as soon as possible in writing. The nature and extent of the damage must be indicated approximately.
Article 15 - Other Conditions:
- The invalidity of any provision or part of these General Terms and Conditions does not affect the validity of the other provisions or parts. In such a case, the invalid provisions or parts are replaced by new provisions or parts that, in terms of content, scope, and purpose, correspond as much as possible to the original invalid provisions or parts.
- All Transport Agreements to which these conditions have been declared applicable fall under Dutch law.
- These General Terms and Conditions are public.
- The Carrier is obliged to announce how the Passenger/Client can obtain these Conditions upon request.