Terms & Conditions

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 succeeding the previously filed General Terms and Conditions for Taxi Transport dated 20 March 2003, deed number 31/2003. These general terms and conditions of the KNV Taxi association were established 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 came into effect as of July 2006. The CZ would appreciate this being mentioned when quoting from these General Terms and Conditions.

Article 1: Definitions
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, where the fare has either been agreed in advance or is determined using the taximeter. Transport also includes boarding and alighting.
Transport Agreement: the agreement concluded between Passenger/Client and Carrier to provide taxi transport.
Taxi Stand: a part of the public road designated by the road authority as a parking area for taxis.
Car: a motor vehicle as referred to in Article 1 sub f of the Passenger Transport Act 2000.
Passenger: the person being transported by the Carrier.
Client: the natural or legal person who enters into a Transport Agreement with the Carrier.
Order: a. an order given by a natural person to a Carrier waiting for passengers at a Taxi Stand; b. any other order given by a Passenger/Client to the Carrier, in any form whatsoever.
Carrier: the natural or legal person, including their Staff, who undertakes to transport persons by Car.
Staff: employees of the Carrier, including assistants who are not employed by the Carrier but perform duties on their behalf in a vehicle belonging to or made available to the Carrier.
Hand Luggage: luggage that a Passenger carries with them as easily portable or wheelable items, including live animals, as well as items permitted by the Carrier as hand luggage.

Article 2: Scope of Application of the 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: Formation of the Transport Agreement
A Transport Agreement is formed upon acceptance by the Carrier of an Order. In the case of an order as referred to in Article 1 under 7a, the Carrier is obliged to accept this order, except as provided in Article 7, paragraph 6. The Carrier’s obligations also apply toward a Passenger who does not act as Client. By accepting the journey, the Passenger becomes a party to the Transport Agreement.

Article 4: Termination of the Transport Agreement

The Carrier may immediately stop continuing the journey and thereby terminate the Transport Agreement if the Passenger causes such disturbance that it cannot reasonably be expected of the Carrier to continue transporting them. In such a case, the Carrier may order the Passenger to leave the vehicle immediately.
In a case as referred to in paragraph 1, the Carrier is not obliged to compensate the Passenger for any damages.
In the event of premature termination, where the fare is determined by the taximeter, the Passenger owes the amount shown on the taximeter at the moment the journey is terminated. Where a fare was agreed before the start of the journey, the Passenger owes a proportional part thereof, as compensation for the part of the journey already completed.
The Passenger/Client may cancel the journey booked with the Carrier before it begins. In such a case, the Passenger/Client is obliged to provide reasonable and fair compensation to the Carrier.
If the Carrier fails to appear for a booked journey as agreed, the Passenger is entitled, in the case of demonstrable damages, to reasonable and fair compensation.

Article 5: Obligations and Rights of the Passenger

The Passenger is obliged to: a. follow reasonable instructions or directions given by the Carrier, such as taking the seat assigned by the carrier; b. fasten their seatbelt before the journey begins. A legally imposed fine resulting from the Passenger’s failure to comply with this obligation may be recovered from them.
The Passenger is obliged to refrain, within the Car, from: a. damaging and/or soiling the Car; b. consuming alcoholic beverages, unless with the Carrier’s explicit permission; c. carrying and/or using narcotics; d. smoking, unless with the Carrier’s explicit permission; e. aggression, physical contact, harassment, threats, or otherwise behaving improperly toward the Carrier and/or others; f. hindering the Carrier in any way in the performance of their duties.
The Passenger is obliged to pay either the fare agreed in advance or the fare determined by the taximeter.
When, before or during the journey, circumstances on the part of the Carrier arise or come to light that the Passenger did not need to know when concluding the agreement, but which, had they been known, would reasonably have given the Passenger grounds not to enter into the Transport Agreement or to do so on different terms, the Passenger is entitled to terminate the agreement. Termination is effected by oral or written notice, and the agreement ends upon receipt thereof. Based on principles of reasonableness and fairness, the parties are obliged, after termination of the Transport Agreement, to compensate each other for any resulting damages.
The Passenger is entitled to change the final destination of the journey during the trip, subject to the provisions of paragraph 3.
If the Passenger chooses to open the door themselves, they are obliged to do so in a manner that does not cause obstruction and/or danger to traffic.

Article 6: Payment

Payments by the Passenger/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 payment, unless otherwise agreed.
The Carrier is entitled to encourage the Passenger/Client to make cash payments in exact change. The Carrier is not obliged to accept a quantity of coins as payment where counting them would cause a disproportionate delay.
The Carrier will send an invoice to the Passenger/Client if payment other than cash has been agreed. Payment by the Passenger/Client must be made without any discount, suspension, or offsetting within 30 days of the invoice date. If this term is exceeded, the Passenger is in default and costs may be charged in accordance with statutory regulations.
The Carrier is at all times entitled to offset its claims against the Passenger/Client with its debts to the Passenger/Client.
Performance under the Transport Agreement is based on rates as established by the Carrier and communicated to the Passenger/Client in advance.

Article 7: Obligations and Rights of the Carrier

The Carrier is obliged to transport the Passenger, as well as any Hand Luggage carried by them, with due care and safety.
The Carrier is obliged to take the Passenger to their destination via the route most favorable to the Passenger, either the fastest or the most economically advantageous, unless the Passenger or the dispatch center/control room explicitly requests or instructs otherwise.
The Carrier is obliged to assist the Passenger in boarding and alighting, as well as loading and unloading Hand Luggage, unless this is entirely impossible for (traffic-)technical reasons.
When using the taximeter, the Carrier is obliged to leave the taximeter reading displayed at the end of the journey long enough for the Passenger to reasonably take note of it.
The Carrier is obliged to provide the Passenger, upon request, with proof of payment stating at least the fare, company name, driver’s name, date, and (approximate) time of the journey.
The Carrier is entitled to deny access to the vehicle to, or remove from the vehicle, a Passenger who does not comply with the provisions of these General Terms and Conditions, if it cannot reasonably be expected of the Carrier to transport this Passenger. Article 4 applies accordingly.
The Carrier is obliged to handle personal data obtained in connection with the booking of journeys, or otherwise, carefully and in accordance with the Personal Data Registration Act.
The Carrier is entitled, if compelled by significant circumstances, to wholly or partially discontinue transport. The Carrier will inform the Passenger of the discontinuation as soon as possible and, if possible, of the reasons, the measures to be taken, and the possible duration. In the event of premature termination, where the fare is determined by the taximeter, the Passenger owes the amount shown on the taximeter at the moment the journey is terminated. Where a fare was agreed before the start of the journey, the Passenger owes a proportional part of that agreed fare for the part of the journey already completed.

Article 8: Hand Luggage

The Passenger is obliged to properly pack their Hand Luggage.
The Carrier has the right to refuse transport of Hand Luggage which, due to its nature, is or may be cumbersome, dangerous, or prohibited, or which may cause damage or contamination. Such a situation exists in any case if the Hand Luggage consists of: a. firearms, bladed or stabbing weapons; b. explosives; c. compressed gases in containers; d. substances liable to spontaneous combustion or highly flammable substances; e. strongly or unpleasantly smelling substances; f. narcotics; g. ammunition.
The Carrier is obliged to exercise reasonable care to ensure that the Passenger’s Hand Luggage is not lost or damaged.

Article 9: Transport of Animals

Subject to the provisions of the following paragraph of this article, live animals may be carried in an easily portable basket, bag, or similar object which can be set down or held on the lap. Dogs, however, may also be carried in other ways, provided they are kept on a short leash.
The animals referred to in paragraph 1 may not be carried if they are, in any way, likely to be a nuisance or hindrance to the Passenger or staff, or if they suffer from a serious illness.

Article 10: Lost and Found Property
With regard to lost and found property, subject to the general statutory provisions concerning the duty to report and the giving and taking into custody, the following applies: a. The Passenger is obliged to report a found object or sum of money to the Carrier as soon as possible. The Carrier is entitled, in exchange for a receipt, to take such found object or sum of money into custody. If the finder retains the found object or sum of money, they are obliged to do everything reasonably possible to find the owner or the person who lost it. b. The Carrier is entitled to sell an object found by Staff or found by another person and handed over to them, after three months, or earlier if the object is unsuitable for storage, insofar as it concerns non-valuable items. c. The Carrier is obliged to hand over a found object, the proceeds of an object sold under paragraph b, or the amount of a found sum of money to the rightful owner, if they report within three years of reporting the loss. If the rightful owner claims the proceeds of the sale of a found object, the carrier may offset the storage fee owed and administrative costs against those proceeds. d. The Carrier may charge administrative costs for handling a request relating to a lost object or sum of money.

Article 11: Cancellation

The Passenger/Client is entitled to cancel a previously concluded Transport Agreement with a previously agreed fare by means of oral or written notice:
a. if the cancellation takes place between 21 and 14 days before the start of transport, the Passenger/Client owes the Carrier: 10% of the agreed fare;
b. if the cancellation takes place between 14 and 2 days before the start of transport, the Passenger/Client owes the Carrier: 35% of the agreed fare;
c. if the cancellation takes place at most 2 days before the start of transport, the Passenger/Client owes the Carrier: 75% of the agreed fare;
d. if the cancellation takes place during transport: the full fare.
If the Passenger 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 instead.

Article 12: Force Majeure

If the Carrier, due to a non-attributable failure (force majeure), cannot fulfil its obligations toward the Passenger/Client, the fulfilment of those obligations is suspended for the duration of the force majeure situation. A failure cannot be attributed to the Carrier if it is not due to their fault, nor is it for their account by virtue of law, legal act, or generally accepted standards.
In the event of force majeure, the Passenger/Client is not entitled to any compensation. If a failure cannot be attributed to the Carrier, but the Carrier benefits from it in a way they would not have had with proper performance, the Passenger is entitled, applying the rules on unjust enrichment, to compensation for their damages up to a maximum of the amount of this benefit.

Article 13: Liability of the Carrier

The Carrier is liable for damage caused by the death or injury of the Passenger resulting from an accident that occurred to the passenger in connection with and during transport. The Carrier is not liable if the accident was caused by a circumstance that a careful Carrier could not have avoided and the consequences of which the Carrier could not have prevented. The compensation the Carrier may owe under the aforementioned circumstances is legally limited to an amount of €137,000 per Passenger.
The Carrier is liable for damage caused by total or partial loss or damage to hand luggage, insofar as this loss or damage occurred during transport and was caused by:
a. an accident that occurred to the Passenger and is at the Carrier’s expense; or
b. a circumstance that a careful Carrier could have avoided or the consequences of which such a Carrier could have prevented. The compensation the Carrier may owe in the event of loss of or damage to Hand Luggage is legally limited to an amount of €1,000 per Passenger.
In the event of delay, the Carrier is legally liable up to a maximum of €1,000.

Article 14: Liability of the Passenger
The Passenger is, in principle, obliged to compensate the Carrier for damage caused by them or their Hand Luggage, except insofar as this damage was caused by 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 their Hand Luggage.

Article 15: Insurance

The Passenger/Client may instruct the Carrier to take out, at their expense, insurance covering the risks for which the Carrier is not liable.
If the Passenger/Client has instructed the Carrier to take out such, or a very limited, insurance, and the Carrier has accepted and confirmed the Order, the Carrier will be liable for the damage suffered by the Passenger/Client resulting from the non-execution of the order given to the Carrier.
In the case of very valuable Hand Luggage, the Carrier may require the Passenger/Client to take out proper travel and luggage insurance. In such a case, the Carrier may request the Passenger/Client to provide proof thereof.

Article 16: Complaints and Disputes

Complaints about the formation and execution of the Transport Agreement must be submitted to the Carrier, fully and clearly described, within 6 weeks after the Passenger/Client has noticed or could have noticed the defects. Failure to submit the complaint on time may result in the Passenger/Client losing their rights in this regard.
Disputes between the Passenger/Client and the Carrier concerning the formation or execution of agreements relating to services provided or to be provided by this Carrier may be submitted, by either the Passenger/Client or the Carrier, to the Taxi Transport Disputes Committee, P.O. Box 90600, 2509 LP The Hague.
A dispute will only be handled by the disputes committee if the Passenger/Client has first submitted their 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 a Passenger submits a dispute to the disputes committee, the Carrier is bound by this choice. If the Carrier wishes to do so, they must ask the Passenger in writing to state, within five weeks, whether they agree to this. The Carrier must announce that, after the expiry of the aforementioned term, they will consider themselves free to submit the dispute to the ordinary court.
The disputes committee will render a decision in accordance with the provisions of the regulations applicable to it. The regulations of the disputes committee will be sent upon request. The decisions of the disputes committee are given by way of binding advice. A fee is payable for the handling of a dispute.
Only the Dutch court or the above-mentioned disputes committee has jurisdiction to hear disputes.
The Carrier will make efforts to handle Passenger complaints seriously and reasonably to the Passenger’s satisfaction, partly in order to prevent disputes.
If the parties fail to reach a resolution, the Carrier must inform the complaining Passenger of the possibility of submitting the resulting dispute to the disputes committee referred to in paragraph 2.
If a Passenger holds the Carrier liable for damage, they 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 Provisions

KNV Taxi will only amend these General Terms and Conditions in consultation with the Consumers’ Association.
The invalidity of any provision or part thereof in these General Terms and Conditions does not affect the validity of the remaining provisions or parts thereof. In such a case, the invalid provisions or parts thereof will be replaced by new provisions or parts that correspond as closely as possible, in content, scope, and purpose, to the old invalid provisions or parts.
All Transport Agreements to which these terms apply are governed by Dutch law.
These General Terms and Conditions are public.
The Carrier is obliged to inform the public of the way in which the Passenger/Client can obtain these Terms and Conditions upon request.
Upon request, these terms and conditions are also available free of charge from the carrier and can be consulted online, among other places at www.knv.nl.