Terms and Conditions

Article 1: Definitions

In these General Terms and Conditions for Stuur Taxi, the following definitions apply:

Stuur Taxi: all agreed passenger transport by car as referred to in article 1 of the Passenger Transport Act 2000, where the fare has been agreed in advance. The transport also includes boarding and alighting.
Transport Agreement: the agreement concluded between Passenger/Client and Carrier to provide taxi transport.
Taxi rank: a section of the road open to public traffic designated by the road authority as a parking place for taxis.
Car: motor vehicle, as referred to in article 1 of the Passenger Transport Act 2000.
Passenger: the person transported by the Carrier.
Client: the natural or legal person entering into a Transport Agreement with the Carrier.
Order: an order placed with a Carrier by a natural person, passenger or client.
Carrier: the natural or legal person holding a valid Taxi Quality Mark, including their Driver(s) of the car(s), who undertakes to transport persons by car.
Driver: driver of the car used to provide taxi transport (the taxi driver) employed by the Carrier, including other Drivers of the car who are not employed by the Carrier but who act on its behalf in a vehicle of the Carrier or a vehicle made available to the Carrier.
Hand luggage: baggage that a Passenger carries with them as easily portable, whether by hand or on wheels, including live animals, as well as other items admitted as hand luggage by the Carrier.
Taximeter: device in the car that indicates the transport fare in accordance with the published rates. The Taximeter must be visibly present.
Foundation TX-Keur: foundation that awards and manages the TX-Keur quality mark.

Article 2: Scope 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 Stuur Taxi, as referred to in article 14 of these general terms and conditions.

Article 3: Formation of the Transport Agreement

A Transport Agreement is concluded by acceptance by the Passenger/Client of the Carrier’s offer.
If there is an Order as referred to in article 1 paragraph 7a, the Carrier is obliged to accept this order, subject to the provisions of article 4 paragraph 1.
The obligations of the Carrier, including article 7, also apply towards the Passenger who does not act as Client.

Article 4: Termination and cancellation of the Transport Agreement

The Carrier may immediately cease the continuation of the ride and thereby terminate the Transport Agreement if the Passenger causes such hindrance that it cannot reasonably be required of the Carrier to transport the Passenger (any further). In that 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 damage whatsoever.
In the event of early termination, if the fare is determined by the Taximeter, the Passenger shall owe the amount shown by the Taximeter at the moment the ride ends. If a fare was agreed before the ride started, the Passenger/Client shall owe a proportional part of the previously agreed price as compensation for the part of the ride already completed.
The Passenger/Client may отказаться from the ride ordered from the Carrier before it starts. In such a case, the Passenger/Client shall owe the Carrier reasonable and equitable compensation if there is demonstrable damage. This also applies if the Passenger does not appear at the place agreed with the Carrier.
If the Carrier does not appear as agreed for an ordered ride, the Passenger is entitled, in the event of demonstrable damage, to compensation based on reasonableness and fairness.

Article 5: Obligations and powers of the Passenger

The Passenger is obliged to:
a. follow any instructions or directions given reasonably by the Carrier, such as taking the seat designated by the Carrier;
b. fasten the seat belt before the ride. Any fine resulting from the Passenger’s failure to comply with this obligation may be recovered from the Passenger.
The Passenger is prohibited, while in the Car, from:
a. damaging and/or soiling the Car;
b. consuming alcoholic drinks, unless expressly permitted by the Carrier;
c. carrying and/or using narcotics;
d. smoking;
e. aggression, physical misconduct, harassment, threats, or otherwise behaving improperly towards 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 agreed fare in advance or the fare determined by the Taximeter.
If, before or during the ride, circumstances arise or come to light on the part of the Carrier which the Passenger did not need to know at the time of concluding the agreement, but which, if they had been known, would reasonably have given the Passenger grounds not to enter into the Transport Agreement or to do so under different conditions, the Passenger is entitled to terminate the agreement. Termination shall take place by oral or written notice from the Passenger and the agreement shall end at the moment the Carrier receives it. According to the standards of reasonableness and fairness, after termination of the Transport Agreement the parties are obliged to compensate each other for the damage thereby suffered.
The Passenger is entitled to change the final destination of the ride in the meantime, subject to the provisions set out in paragraph 3.
If the Passenger chooses to open the door themselves, they are obliged to open the door in such a way that no nuisance and/or danger to traffic arises.

Article 6: Payment

Performance under the Transport Agreement shall take place on the basis of rates determined under the Passenger Transport Act 2000 and properly published, as determined by the Taximeter or as otherwise agreed in advance.
The Carrier is entitled to require that cash payments by the Passenger/Client be made in exact money. The Carrier is not obliged to accept a quantity of coins as payment if counting them causes disproportionate delay.
a. If the Passenger/Client, insofar as they were not acting in the course of a profession or business, fails to meet their payment obligation(s) in time, then after being notified by the Carrier of the late payment and after the Carrier has granted them a period of 14 days to still meet their payment obligations, the statutory interest shall be due on the amount still owed after the expiry of this 14-day period, and the Carrier shall be entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% of outstanding amounts up to € 2,500, 10% of the next € 2,500 and 5% of the next € 5,000, with a minimum of € 40. The Carrier may deviate from the aforementioned amounts and percentages to the benefit of the Passenger/Client as referred to in this paragraph.
b. Insofar as the Passenger/Client acted in the course of a profession or business, the Carrier is entitled to compensation for the extrajudicial (collection) costs, which costs in that case, in deviation from article 6:96 paragraph 4 of the Dutch Civil Code and in deviation from the Decree on compensation for extrajudicial collection costs, are set at an amount equal to 15% of the total outstanding principal sum, with a minimum of € 75 for each invoice left unpaid in whole or in part.
The parties are entitled to set off mutual claims.

Article 7: Additional costs

In the case of the provision of Taxi services, Stuur Taxi is entitled:

(1) to charge for the hours spent by staff waiting on behalf of the Client;
(2) to round the hours up to the nearest quarter hour;
(3) in the case of “full availability” services, to charge four hours if the services provided by Stuur Taxi staff last less than four consecutive hours;
(4) to charge necessary costs such as parking, vehicle, fuel, accommodation, public transport, taxi, plane, boat costs, tolls and any other costs incurred in connection with the use of a vehicle with Stuur Taxi staff to the Client;
(5) to charge the costs of accommodation of Stuur Taxi staff in suitable accommodation in the case of multi-day trips and/or services to the Client;
(6) to charge in full to the Client any extra costs arising from specific requirements of the Client;
(7) to charge the Client an extra 50% excluding VAT in the case of services taking place on official public holidays;
(8) to increase the agreed prices and rates in the event of increases in any cost price.

Article 8: Obligations and powers of the Carrier

The Carrier is obliged to transport the Passenger, as well as the Hand luggage carried by them, in a careful and safe manner.
The Carrier is obliged to take the Passenger to the destination by the route most favourable to the Passenger: either via the fastest or the most economical route, unless the Passenger/Client expressly requests or instructs that another route be taken.
The Carrier is obliged to assist the Passenger with boarding and alighting as well as loading and unloading Hand luggage, unless this is impossible for (traffic) technical reasons.
When using the Taximeter, the Carrier is obliged, at the end of the ride, to leave the Taximeter reading displayed for as long as reasonably necessary for the Passenger to be able to ascertain the reading.
The Carrier is obliged, as prescribed in article 1c of the Regulation on maximum fares and publication of taxi transport rates, to provide the Passenger with a proof of payment showing at least the prescribed information, such as the fare and the rates applied, the distance travelled, the name, address and licence number of the company, the vehicle registration number, and the date and start and end times of the ride.
The Carrier is obliged to handle personal data obtained in connection with the booking of rides or otherwise with due care. In respect of these personal data, the provisions of the General Data Protection Regulation apply in full.
If the Carrier ceases the transport wholly or in part, they shall inform the Passenger as soon as possible of the cessation and, if possible, of the reasons, the measures to be taken by them and the possible duration.

Article 9: Hand luggage

The Passenger is obliged to pack their Hand luggage properly.
The Carrier has the right to refuse transport of Hand luggage which by its nature is cumbersome, dangerous or prohibited, or may be so, or may give rise to damage or soiling. Such a situation exists in any event if the Hand luggage consists of:
a. firearms, striking and/or stabbing weapons;
b. explosive substances;
c. compressed gases in containers;
d. substances liable to spontaneous combustion or easily 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 10: Transport of animals

Live animals may, subject to the provisions of the following paragraph of this article, be carried in an easily portable basket, bag or similar object which can be placed down or held on one’s lap. Dogs may however also be carried in another way, provided they are kept on a short lead.
The animals referred to in the first paragraph may not be taken if they can in any way be troublesome or inconvenient for the Passenger or for the Driver, or if they suffer from a serious illness.
Assistance dogs, such as guide dogs for the blind, must be taken under all circumstances. If a Driver is allergic, he/she must arrange replacement transport within 15 minutes.

Article 11: Lost property

With regard to lost property, and with due regard to the general statutory provisions (articles 5 to 12 of Book 5 of the Dutch Civil Code) concerning the duty to report and notify and the giving and taking into safekeeping, the following applies:

The Passenger is obliged to report to the Carrier as soon as possible any item or sum of money found by them. The Carrier is entitled, against surrender of proof, to take such found item or sum of money into safekeeping. If the finder keeps the found item or the sum of money in their possession, they are obliged to do everything that can reasonably be required of them to find the owner or loser.
The Carrier is entitled to sell, after three months, any item found by the Driver or by another person and handed over to them, or earlier if the item is not suitable for safekeeping, insofar as it concerns items of little value.
The Carrier is obliged to hand over a found item, the proceeds of an item sold pursuant to paragraph 2, or the amount of a found sum of money to the person entitled thereto, if that person reports within one year after notification of the loss. If the entitled person claims the found item or the proceeds of its sale, the Carrier may charge them the storage fee and administration costs owed.

Article 12: Force majeure

A shortcoming cannot be attributed to the Carrier if it is not due to their fault, or if it does not fall within their responsibility pursuant to the law, legal act or prevailing views in society (force majeure). If the Carrier cannot fulfil their obligations towards the Passenger/Client due to force majeure, the Passenger/Client may dissolve the agreement. In that case, the Carrier shall refund the amounts prepaid by the Passenger/Client as soon as possible.
In the event of force majeure, the Passenger/Client shall not be entitled to compensation for damages, except as provided for in article 6:78 of the Dutch Civil Code.

Article 13: Liability of the Carrier

The Carrier is liable for damage caused by death or injury to the Passenger as a result of an accident occurring in connection with and during the transport of the Passenger. The Carrier is not liable if the accident was caused by a circumstance which a careful Carrier could not have avoided and the consequences of which the Carrier could not have prevented. Any compensation that the Carrier may owe in the aforementioned circumstances is limited by law to € 1,000,000 per passenger with a maximum of € 15,000,000 per event.
The Carrier is liable for damage caused by total or partial loss or damage to hand luggage, insofar as such loss or damage occurred during transport and was caused:
a. by an accident suffered by the Passenger for which the Carrier is responsible; or
b. by a circumstance which a careful Carrier could have avoided or the consequences of which the Carrier could have prevented. Any compensation that the Carrier may owe in the event of loss or damage to Hand luggage is limited by law to an amount of € 1,500 per Passenger.
In the event of delay, the Carrier is liable by law up to a maximum of € 1000.

Article 14: Liability of the Passenger/Client

is in principle obliged to compensate the Carrier for the damage which they or their Hand luggage cause to the Carrier, except insofar as such damage is caused by a circumstance which a careful Passenger could not have avoided and insofar as such a Passenger could not have prevented the consequences thereof. The Passenger cannot rely on the nature or a defect of their Hand luggage. Cleaning costs are also included in the compensation for damage referred to in this article.

Article 15: Complaints and disputes

Complaints about the formation and execution of the Transport Agreement must be submitted to the Carrier in full and clearly described form within a reasonable time after the Passenger/Client has discovered the defects or should reasonably have discovered them.
The Carrier shall endeavour, also in order to prevent disputes, to handle complaints from the Passenger/Client seriously and reasonably to the satisfaction of the Passenger/Client.
If the parties do not reach a resolution, the Carrier must point out to the complaining Passenger/Client, insofar as that Client is not acting in the course of a profession or business, the possibility of submitting the dispute thus arising to the disputes committee referred to in paragraph 5.
If the Passenger/Client holds the Carrier liable for damage, the Passenger/Client must notify the Carrier of that damage in writing as soon as possible. The nature and extent of the damage must be indicated approximately.
Disputes between the Passenger/Client, insofar as that Client is not acting in the course of a profession or business, and the Carrier regarding the formation or execution of agreements relating to services to be provided or already provided by this Carrier, may be submitted both by the Passenger/Client, insofar as that Client is not acting in the course of a profession or business, and by the Carrier to an independent disputes committee, hereinafter referred to as the “disputes committee”
A dispute will only be considered by a Disputes Committee if the Passenger/Client, insofar as that Client is not acting in the course of a profession or business, has first submitted their complaint to the Carrier.
If the complaint does not lead to a solution, the dispute must be brought before a Disputes Committee in writing or in another form to be determined by a Disputes Committee no later than 12 months after the date on which the Passenger/Client, insofar as that Client is not acting in the course of a profession or business, submitted the complaint to the Carrier.
When the Passenger/Client, insofar as that Client is not acting in the course of a profession or business, submits a dispute to a Disputes Committee, the Carrier is bound by this choice. If the Carrier wishes to do so, it must ask the Passenger/Client, insofar as that Client is not acting in the course of a profession or business, in writing within five weeks whether they agree. The Carrier must state that, after the expiry of the aforementioned period, it will be free to submit the dispute to the ordinary court.
A Disputes Committee gives its decision with due observance of the provisions of the rules applicable to it. The rules of the Disputes Committee will be sent on 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.

Article 16: Performance guarantee

Stuur Taxi guarantees the performance of the binding advice of the Disputes Committee referred to in article 14, unless the member submits the binding advice to the court for annulment within two months after it was sent. This guarantee revives if the binding advice has remained in force after review by the court and the judgment from which this appears has become final and binding.
Stuur Taxi provides no performance guarantee if, before the dispute has been heard at a hearing and a final decision has been given by the Disputes Committee referred to in article 14, one of the following situations occurs:
a. suspension of payments is granted, or;
b. bankruptcy, or;
c. the business activities have in fact ceased. The determining factor for this last situation is the date on which the cessation of business has been registered in the Trade Register or an earlier date, which Stuur Taxi can reasonably demonstrate to be the date on which the business activities actually ceased;
The guarantee provided by Stuur Taxi is limited to € 3.500,-,- per binding advice. Stuur Taxi provides this guarantee on the condition that the Passenger/Client, insofar as that Client is not acting in the course of a profession or business, who invokes this guarantee, transfers (assigns) their claim based on the binding advice to Stuur Taxi up to the amount paid out, at the same time as their reliance on the performance guarantee is honoured.

Article 17: Other conditions

All Transport Agreements to which these conditions have been declared applicable are subject to Dutch law.
The Carrier is obliged to make known how the Passenger/Client can obtain these Conditions on request.
These General Terms and Conditions are public and can be consulted via the internet, including at www.stuurchauffeurs.nl, and are also available free of charge from the carrier on request.