Terms and conditions Stuur Chauffeurs
Article 1. DEFINITION
In these General Terms and Conditions, the following definitions shall apply:
A. Stuur Chauffeurs BV, having its registered office at Industrieweg 110, 2651 BD in Berkel en Rodenrijs trading under the name Stuur Chauffeurs, KvK no. 62421654;
B. Other party: each (group of) natural person(s), or their legal representative(s), and/or legal person(s), whether or not in the exercise of any profession or business, who gives Stuur Chauffeurs an order;
C. Agreement: the agreement made between Stuur Chauffeurs and the Other Party;
D. Third party (expert): any (group of) natural person(s) and/or legal person(s), whether or not in the exercise of any profession or business, who is not a party to the Agreement.
Article 2. GENERAL
1. These conditions apply to all legal relationships between Stuur Chauffeurs and a Counterparty to which these conditions have been declared applicable by Stuur Chauffeurs, insofar as these conditions have not been expressly deviated from in writing by the parties.
2. Stuur Chauffeurs and the Other Party hereby expressly agree that the General Terms and Conditions as used by Stuur Chauffeurs exclude the applicability of any terms and conditions used by the Other Party, regardless of their nature. The foregoing exclusion also applies if the conditions used by the Other Party stipulate preference.
3. If one or more provisions of these Terms and Conditions are void or destroyed, the remaining provisions of these Terms and Conditions shall remain in full force. In such case Stuur Chauffeurs and the Other Party shall consult in order to agree on new provisions to replace the void or nullified provisions, whereby if and to the extent possible the purpose and intent of the original provision shall be observed.
4. If ambiguity regarding the interpretation of one or more provisions as laid down in these General Terms and Conditions, then interpretation shall be according to the meaning given to the provision by Stuur Chauffeurs.
Article 3. CONFORMITY, EXECUTION AND AMENDMENT OF AGREEMENT
1. The Agreement may be concluded verbally and/or in writing, including e-mail.
2. The General Conditions will also apply to all agreements resulting entered in writing, including e-mail, following the agreement.
3. Stuur Chauffeurs reserves the right to refuse orders without giving reasons.
4. The Agreement will be executed by Stuur Chauffeurs to the best of its ability.
5. The Other Party must provide Stuur Chauffeurs with the necessary data in time for the execution of the Agreement. This is understood to mean the data that Stuur Chauffeurs requests from the Other Party orally and/or in writing and/or of which the Other Party understands or should reasonably understand that it is essential for the execution of the agreement.
6. If the Other Party does not provide the necessary data in time, Stuur Chauffeurs reserves the right to suspend the execution of the Agreement. Additional costs resulting from or related to the delay will be charged in full by Stuur Chauffeurs, including travel and accommodation costs to be specified.
7. An amendment and/or addition to any provision in the General Terms and Conditions and/or Agreement as desired by the Other Party will only be valid if this amendment and/or addition is accepted by Stuur Chauffeurs without reservation and in writing, including e-mail.
8. Stuur Chauffeurs reserves the right to change the General Terms and Conditions in the meantime. Stuur Chauffeurs must inform the Other Party of the intention to change the General Terms and Conditions at least two (2) weeks before the change comes into effect.
9. If the Other Party does not agree to the intended amendment of the General Terms and Conditions, the General Terms and Conditions as in force at the time of the entry into force of the Agreement shall remain valid during the term of the Agreement.
Article 4.(INCLUDING) THIRD PARTY
1. Stuur Chauffeurs reserves the right, if deemed necessary or desirable, to engage a Third Party (expert) in connection with the execution of the Agreement. Stuur Chauffeurs will, if reasonably possible, consult with the Other Party in advance when engaging third parties.
2. The Other Party is not entitled to require Stuur Chauffeurs to engage a (certain) Third Party (expert).
3. If a third party or third party expert to be engaged limits its liability, the Other Party will authorize Stuur Chauffeurs to accept such a limitation of liability on behalf of the Other Party as well.
4. Stuur Chauffeurs is not liable for possible shortcomings of an engaged Third Party (expert).
5. Stuur Chauffeurs is indemnified by the Other Party against all claims of a Third Party (expert) and the related costs made or to be made by Stuur Chauffeurs, which claims result from or are related to the (execution of the) Agreement.
Article 5. RATES AND COSTS.
1. All prices quoted are exclusive of sales tax (V.A.T.) and other government-imposed charges.
2. Travel and accommodation expenses and all further costs to be specified, such as any transaction costs, are for the Other Party's account.
3. A cost estimate provided by Stuur Chauffeurs to the Other Party serves only as an indication and is without obligation.
4. If the costs, as referred to in paragraph 2 and/or the VAT on the fee are increased for any reason whatsoever, Stuur Chauffeurs shall be permitted to charge the increased fee when calculating the total amount due by the Other Party. It should be noted that this is only done insofar as required by law or in the event that Stuur Chauffeurs is charged the increased fee.
Article 6. ADDITIONAL COSTS
1. In the case of the provision of personnel, Stuur Chauffeur shall be entitled to:
(1) charge Client for the hours spent by the personnel waiting on behalf of the Client;
(2) round up the hours per quarter of an hour;
(3) charge three hours if the service provided by Stuur Chauffeurs personnel lasts less than three consecutive hours;
(4) charge Client for the travel expenses and hours to get back to the starting location in case the location of the assignment at termination differs from where it started;
(5) to charge a meal allowance of €15.00 to Client in case the services provided by staff of Stuur Chauffeurs take at least eight hours within one twenty-four hour period;
(6) to charge the Client for necessary costs such as parking, car, fuel, accommodation, public transport, cab, plane, boat, tolls and any other costs incurred for the use of a vehicle with Stuur Chauffeurs' personnel;
(7) to charge the Client for the costs of the stay of Stuur Chauffeurs' personnel in proper accommodation in the case of trips lasting several days c. q services to be charged to Principal;
(8) charge additional costs due to specific demands of Client in full to Client;
(9) charge 50% excluding VAT extra to Client in case of services taking place on official holidays;
(10) charge (traffic) fines to Client if it is due to Client that staff causes the (traffic) fine. (Traffic) fines that are the result of the behavior of Stuur Chauffeurs personnel must be sent to Stuur Chauffeurs who will see to it that these (traffic) fines are paid by its personnel;
(11) to increase the agreed prices and rates in case of any cost price increases;
(12) to charge the Client for public transport costs incurred or a mileage allowance of € 0.36 if Stuur Chauffeurs personnel are unable to use a public transport pass.
Article 7. OBLIGATIONS OTHER PARTY
The Other Party shall make its vehicle available to Stuur Chauffeurs for the performance of the Agreement. The Other Party must ensure appropriate third-party insurance in accordance with the requirements of the Motor Insurance Liability Act and is obliged to ensure full comprehensive insurance (all-risk) and passenger insurance. These insurances must be maintained by the Other Party throughout the duration of the Agreement.
Article 8. ADDITIONAL WORK
If there is additional work, Stuur Chauffeurs is entitled to charge the Other Party for additional work, unless the parties have agreed otherwise in writing.
Article 9. PAYMENT AND BILLING
1. The fee due to Stuur Chauffeurs shall be paid into an account managed by Stuur Chauffeurs, to be paid at the offices of Stuur Chauffeurs or to a third party designated by it.
2. Costs incurred or to be incurred, as referred to in Article 5 paragraph 2, will be charged to the Other Party by Stuur Chauffeurs on the basis of final invoices.
3. Final invoices must be paid to Stuur Chauffeurs within fourteen (14) days after the invoice date, in the manner indicated by Stuur Chauffeurs and in the currency in which the invoice was made. The other party is legally in default if the aforementioned periods have passed. If default has occurred on the basis of the above, the Other Party shall owe interest on the amount due, consisting of the statutory interest from that moment.
4. Payments by the Other Party of final invoices shall be made without discount, setoff or deduction.
5. The Other Party is not allowed to suspend its obligation to pay.
6. If there is an (imminent) suspension of payment, (imminent) bankruptcy or (imminent) liquidation of the Other Party, Stuur Chauffeurs is entitled to demand immediate payment of the amount owed by the Other Party. In such a case, Stuur Chauffeurs is entitled to demand securities and/or payment of any kind. The Other Party is obliged to comply with this after a written request from Stuur Chauffeurs.
7. From thirty (30) days after the invoice date the Other Party shall owe penalty interest to Stuur Chauffeurs. The penalty interest takes effect by operation of law without a reminder or notice of default being required. The amount of penalty interest is set at 10% plus the interest rate of the European Central Bank.
8. If payment has not been made within the agreed period, all extrajudicial collection costs shall be borne by the Other Party. These costs are estimated as follows:
over the first €3,000 15%
over the amount up to €6.000 10%
over the excess up to €15,000 8%
over the excess up to €60,000 5%
over the excess from €60,000 3%.
9. If the substantially incurred extrajudicial costs exceed the calculation mentioned in the previous paragraph, the Other Party shall owe the substantially incurred costs.
Article 10. LIABILITY
1. If Stuur Chauffeurs has relied on incomplete and/or incorrect data provided by or on behalf of the Other Party, Stuur Chauffeurs shall not be liable.
2. Stuur Chauffeurs shall only be liable for damage that is the direct result of a shortcoming in the performance of his obligations that is attributable to Stuur Chauffeurs. The liability of Stuur Chauffeurs for direct damage shall at all times be limited to a maximum of the amount owed by the Other Party. The liability of Stuur Chauffeurs is in any case limited to the sum of the payment of its insurer in an occurrence.
3. Stuur Chauffeurs is only liable for direct damage. This includes the reasonable costs to establish the ground and the extent of the damage, the possible reasonable costs incurred so that the imperfect performance of Stuur Chauffeurs meets the Agreement, insofar as the imperfect performance can be attributed to Stuur Chauffeurs, and reasonable costs incurred to avert and limit damage, insofar as the Other Party can demonstrate that the aforementioned costs have resulted in a limitation of direct damage as referred to in these General Terms and Conditions.
4. Stuur Chauffeurs shall never be liable for indirect damages, including lost profits, lost savings and damage due to business interruption.
5. Stuur Chauffeurs is indemnified by the Other Party against all claims of a Third Party (expert) and the related costs made or to be made by Stuur Chauffeurs, which claims result from or are in connection with the (execution of the) Agreement and/or activities and/or actions performed by Stuur Chauffeurs in accordance with the Agreement.
6. Any claim for damages shall lapse if the claim has not been notified in writing to Stuur Chauffeurs within seven (7) days after the discovery of the damage.
7. An appeal to these General Terms and Conditions may be made by any (group of) natural person(s) and or legal person(s), who have been engaged in the execution of the Agreement.
Article 11. USE OF MEANS OF COMMUNICATION
1. For a completely omitted, untimely, incorrect and/or incomplete transmission of the content of a message, by means of any (electronic) means of communication and/or communication system, transmitted by Stuur Chauffeurs or the user, of any (electronic) means of communication and/or communication system, such as by email, social media, mail or fax, Stuur Chauffeurs is in no way liable.
2. For damages of any kind and in any form caused by the use of, in any way and in any form, any (electronic) means of communication and / or communication system, Stuur Chauffeurs is in no way liable.
3. For taking measures, of any kind, against damage, in any way and in any form, that may possibly manifest itself through the use of any means of communication, the Other Party is responsible.
Article 12. CANCELLATION
If an Agreement is cancelled or moved up to 24 hours before the start of the execution of the Agreement, cancellation is free of charge. In case of cancellation or rescheduling within 24 hours before the start of the execution of the Agreement, Stuur Chauffeurs is entitled to charge the Other Party three (3) hours.
Article 13. TERMINATION AND PREMATURE TERMINATION
1. Stuur Chauffeurs or the Other Party may terminate the Agreement by giving notice. A termination must be in writing with a notice period as stipulated in the Agreement, on the understanding that the Other Party has to terminate with a reasonable and fair statement of reasons.
2. If the Agreement is terminated prematurely, Stuur Chauffeurs shall be entitled to a part of the fee to be determined in reasonableness and fairness. When determining this, the activities already carried out by Stuur Chauffeurs, the benefit of the Other Party and the reason for termination of the Agreement will be taken into account. By means of testing against comparable cases, the assumed amount of the fee of which Stuur Chauffeurs will receive a part to be determined in reasonableness and fairness will be determined.
3. Stuur Chauffeurs, in the case as laid down in paragraph 1 of this article, is only entitled to the full fee, if the termination of the Agreement is attributable to the Other Party and the payment of the full fee, given the circumstances, is reasonable and fair. From the sum of the fee shall be deducted the costs not incurred by Stuur Chauffeurs as a result of the premature termination of the Agreement.
4. If there is a termination as laid down in paragraph 1 of this article, Stuur Chauffeurs is entitled to claim payment of the costs incurred or to be incurred by Stuur Chauffeurs, as referred to in article 5 paragraph 2, in connection with the Agreement, resulting from (a) (legal) act(s) already performed before the time of termination.
5. In case of termination, Stuur Chauffeurs shall never be obliged to compensate any damage to the Other Party.
6. This article does not affect the possibility of termination under the law.
Article 14. TRANSFER
1. Stuur Chauffeurs reserves the right in a case of force majeure to suspend the execution of the Agreement, or to terminate the Agreement in whole or in part without judicial intervention.
2. If there is one of the cases as laid down in paragraph 1 of this article, Stuur Chauffeurs shall in no way be liable for damages, interest and/or penalties.
3. Force majeure means all external causes, foreseen or unforeseen, which are beyond the control of Stuur Chauffeurs, so that Stuur Chauffeurs cannot fulfill the obligations under the Agreement.
4. Stuur Chauffeurs reserves the right, in case of full or partial termination as laid down in paragraph 1 of this article, to claim payment of costs made or to be made by Stuur Chauffeurs in relation to the Agreement, resulting from (a) (legal) act(s) already done before the time of termination.
5. The Agreement may be terminated for that part which has not yet been fulfilled, if fulfillment becomes permanently impossible.
Article 15. PRIVACY
When processing personal data, the Personal Data Protection Act shall be observed at all times.
Article 16. MUTUAL CONFIDENTIALITY
Stuur Chauffeurs and Other Party shall treat all information and/or data learned under the Agreement as strictly confidential.
Article 17. INTELLECTUAL PROPERTY
1. Rights of intellectual property remain with Stuur Chauffeurs.
2. The other party is not entitled to exploit the products of the mind as laid down in paragraph 1 of this article, and/or to publish, and/or to distribute, and/or to provide, and/or to reproduce, unless otherwise expressly agreed in writing.
3. In the event that the Other Party acts contrary to the provisions in paragraph 2 of this article, the Other Party shall owe Stuur Chauffeurs an immediately payable penalty of €25,000 per event. Stuur Chauffeurs is entitled to claim additional damages in case the actual damage exceeds the penalty amount.
Article 18. PROHIBITION ON APPROACHING EMPLOYEES
The Other Party is not permitted to enter into an employment relationship or cooperation of any kind with an employee of Stuur Chauffeurs without the express written consent of Stuur Chauffeurs within one year after execution of the Agreement.
Article 19. PARTIAL NULLITY AND CONVERSION
1. In case of invalidity due to conflict with the law or public policy or the inapplicability of any provision of the General Conditions and/or the Agreements, the General Conditions and/or the Agreement shall continue to apply for the remainder.
2. In the event that one of the provisions of the General Terms and Conditions and/or the Contract cannot be invoked due to its unreasonably onerous nature or conflict with reasonableness and fairness, the intended provision will be assigned a weight which corresponds as closely as possible to the purpose and purport of the intended provision.
Article 20. APPLICABLE LAW AND COMPETENT COURT
1. Only Dutch law is applicable to all legal relations between Stuur Chauffeurs and the Other Party.
2. Any dispute between Stuur Chauffeurs and the Other Party will only be settled by the competent judge of Rotterdam. Only another judge is competent if provisions of mandatory law so indicate.
Article 21. INSPECTION
1. The General Terms and Conditions may be inspected free of charge at the offices of Stuur Chauffeurs.
2. The General Terms and Conditions have been filed at the office of the Chamber of Commerce, under number 62421654.
Terms and conditions Stuur Taxi
Article 1: Definitions.
In these Terms and Conditions, the following definitions shall apply:
1. Stuur Taxi: all agreed passenger transport by Car as referred to in Article 1 of the Passenger Transport Act 2000, whereby the fare has been agreed in advance. Transport also includes boarding and disembarking.
2. Transport Agreement: the agreement concluded between Passenger/ Client and Carrier to provide cab transport.
3. Cab stand: a part of the road open to public traffic designated by the road manager as a parking place for cabs.
4. Car: motor vehicle, as referred to in Article 1 of the 2000 Passenger Transport Act.
5. Passenger: the person transported by Carrier.
6. Client: the natural or legal person who enters into a Transport agreement with Carrier.
7. Assignment: an assignment from a natural person, traveler or client to a Carrier.
8. Carrier: the natural or legal person holding a valid Taxi Hallmark, including the driver(s) of the car(s), who undertakes to transport persons by car.
9. Driver: driver of the car used to carry out cab transport (the cab driver) employed by Carrier including other drivers of the car who are not employed by Carrier but are on duty at its instructions in a means of transport belonging to Carrier or a means of transport made available to Carrier.
10. carry-on luggage: luggage which a Passenger has with him as easy to carry, portable or movable, including live animals, as well as other objects which the Carrier allows as hand baggage.
11. Taxameter: device in the car which indicates the transport price in accordance with the published rates. The Taxameter must be visibly present.
Article 2: Scope of Application of General Terms and Conditions
These General Conditions apply to all Transport Agreements and form the basis for the handling of disputes by the Stuur Taxi, as referred to in Article 14 of these General Conditions.
Article 3: Formation of Transport Agreement.
1. A Transport agreement is concluded by acceptance by the Passenger/Client of the Carrier's offer.
2. In the event of a Commission as provided for in Article 1 paragraph 7a, Carrier shall be obliged to accept this commission, subject to the provisions of Article 4 paragraph 1.
3. The obligations of Carrier, including Article 7, shall also apply to the Passenger who is not acting as Client.
Article 4: Termination and cancellation Transport Agreement.
1. Carrier may immediately discontinue the journey and thus terminate the Transport agreement, if the Passenger causes such hindrance that Carrier cannot reasonably be required to (continue to) transport the Passenger. In that case, Carrier may order the Passenger to leave the vehicle immediately.
2. In a case as referred to in paragraph 1, Carrier shall not be obliged to compensate the Passenger for any damages.
3. In the event of premature termination, Passenger, where the fare is established via the Taxameter, shall owe the amount indicated by the Taxameter at the time of termination of the journey. If a fare has been agreed prior to commencement of the trip, Passenger/Client shall owe a proportionate part of the previously agreed fare, by way of reimbursement for the part of the trip already driven.
4. Passenger/Client may waive the trip ordered from Carrier before it begins. In such a case, Passenger/Client shall be liable to compensate Carrier in accordance with reasonableness and fairness where there is demonstrable damage. This shall also apply if the Passenger does not appear at the place agreed with the Carrier.
5. In the event that Carrier fails to appear at an ordered ride as agreed, Passenger shall be entitled to compensation based on reasonableness and fairness in the event of demonstrable damage.
Article 5: Passenger's obligations and powers.
1. Passenger shall be obliged:
a. to follow any directions or instructions reasonably given by Carrier, such as taking a seat at the seat designated by Carrier;
b. put on his seat belt prior to the journey. A fine resulting from the Passenger's failure to comply with this obligation may be recovered from the Passenger.
2. Passenger is obliged to refrain in the Car from:
a. damaging and/or contaminating the Car;
b. consuming alcoholic beverages, unless with the express permission of Carrier;
c. carrying and/or using narcotics;
d. using smoking materials;
e. aggression, physical violence, harassment, threats, or any other improper conduct towards Carrier and/or others;
f. obstructing Carrier in any way in the performance of its duties.
3. Passenger shall be obliged to pay either the previously agreed fare or the fare determined by the Taxameter.
4. If, before or during the journey, circumstances arise or emerge on the part of Carrier which Passenger did not have to be aware of at the time of concluding the agreement, but which, had he been aware of them, would have provided reasonable grounds for him not to enter into the Transport agreement or to do so under different conditions, Passenger shall be authorized to terminate the agreement. Termination shall be effected by an oral or written notification from Passenger, and the agreement shall end at the time of receipt thereof by Carrier. By the standards of reasonableness and fairness, after termination of the Transport Agreement, the parties shall be obliged to compensate each other for the damage suffered as a result.
5. Passenger shall be authorized to change the final destination of the journey in the interim, subject to the provisions of paragraph 3.
6. If Passenger chooses to open the door himself, he shall be obliged to open the door in such a way as not to cause hindrance and/or danger to traffic.
Article 6: Payment
1. Performance under the Transport Agreement shall be carried out on the basis of the Passenger Transport Act 2000 established and properly disclosed rates, as determined by the Taxameter or where the fare has been agreed in advance.
2. Carrier shall be entitled to encourage Passenger/Client to make cash payments in exact money. Carrier shall not be obliged to accept a quantity of coins as payment if counting them causes a disproportionate delay.
3. a. Should the Passenger/Client, insofar as he was not acting in the exercise of a profession or business, fail to meet his payment obligation(s) in time, he shall, after he has been informed by the Carrier of the late payment and the Carrier has granted him a period of 14 days to still meet his payment obligations, owe statutory interest 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 it has incurred. These collection costs shall amount to a maximum of:
15% over outstanding amounts up to € 2,500,-,
10% over the following € 2,500,- and
5% over the following € 5,000,- with a minimum of € 40,-.
The Carrier may deviate from said amounts and percentages for the benefit of the Passenger/Client as referred to in this paragraph.
b. In so far as Passenger/Client was acting in the exercise of a profession or business, Carrier shall be entitled to compensation of the extrajudicial (collection) costs, which costs shall in that case, contrary to Article 6:96 paragraph 4 of the Dutch Civil Code and contrary to the Decree on compensation for extrajudicial collection costs, be fixed at an amount equal to 15% of the total outstanding principal sum with a minimum of € 75,- for each invoice left partially or completely unpaid.
4. Parties are entitled to set off mutual claims.
Article 7: Additional costs
1. In the case of the provision of Taxi services, Stuur Taxi shall be entitled to:
(1) charge for the hours spent by staff waiting on behalf of Client;
(2) to round up the hours per quarter of an hour;
(3) In the case of “full disposal” services, to charge four hours if the services by Stuur Taxi personnel last less than four consecutive hours;
(4) to charge the Client for necessary costs such as parking, car, fuel, lodging, public transportation, cab, airplane, boat costs, tolls and any other costs incurred for the purpose of using a vehicle with Stuur Taxi personnel;
(5) charge the Client for the cost of accommodation of Stuur Taxi personnel in proper accommodation in case of multi-day trips or services;
(6) charge additional costs due to specific requirements of Client in full to Client;
(7) charge additional 50% excluding VAT to Client in case of services taking place on official holidays;
(8) increase the agreed prices and rates in the event of any cost price increase.
Article 8: Obligations and powers of Carrier
1. Carrier shall be obliged to transport the Passenger, as well as the Hand Luggage carried by him, in a careful and safe manner.
2. Carrier shall be obliged to take the Passenger to the destination by the route most favorable to the Passenger: either by the fastest or most economical route, unless the Passenger/Client specifically requests or instructs it to drive along a different route.
3. Carrier shall be obliged to assist Passenger in getting in and out of the vehicle as well as loading and unloading hand baggage, unless this is impossible for (traffic) technical reasons.
4. When using the Taxameter, Carrier shall be obliged to leave the Taxameter readout at the end of the journey for long enough for Passenger to reasonably acquaint himself with the readout.
5. Carrier shall be obliged, as prescribed in Article 1c of the Regulation on Maximum Fares and Publication of Fares for Taxi Transport, to provide the Passenger with proof of payment showing at least the information prescribed therein, such as the fare and rates applied thereto, the distance driven, name, address and license number of the company, vehicle registration number, date and starting and ending time of the trip.
6. Carrier shall be obliged to deal carefully with personal data obtained in connection with the booking of journeys or otherwise. The provisions of the General Data Protection Regulation shall apply in full to these personal data.
7. If Carrier discontinues the transport in whole or in part, it shall inform Passenger as soon as possible of the discontinuation and, if possible, of the reasons, the measures to be taken by it and the possible duration.
Article 9: Hand Luggage
1. Traveler is obliged to properly pack his carry-on Luggage.
2. Carrier shall be entitled to refuse to transport carry-on Luggage which by its nature is or may be inconvenient, dangerous or prohibited, or may cause damage or contamination. Such a situation occurs in any case if carry-on luggage consists of:
a. firearms, striking and/or stabbing weapons;
b. explosive substances;
c. compressed gases in tanks;
d. self-igniting or highly flammable substances;
e. strong or malodorous smelling substances;
f. narcotics;
g. ammunition.
3. Carrier shall be obliged to use reasonable care so that carry-on Luggage of Passenger is not lost or damaged.
Article 10: Transport of animals
1. Live animals may, except as provided in the next paragraph of this article, be transported in easily portable baskets, bags or similar objects which can be placed down or held on the lap. However, dogs may also be transported by other means, provided they are kept on a short leash.
2. The animals referred to in the first paragraph may not be taken along if they could be a nuisance or hindrance in any way to the Passenger or the Driver, or are suffering from a serious illness.
3. Assistance dogs, such as guide dogs for the blind must be taken under all circumstances. If a Driver is allergic, he/she must provide replacement transportation within 15 minutes.
Article 11: Lost property
With regard to found property, in compliance with the general legal provisions (Articles 5 to 12 of Book 5 of the Civil Code) with regard to the duty to report and report and to give and take into custody, the following applies:
1. Passenger shall be obliged to report to Carrier as soon as possible any object or sum of money found by him. Carrier shall be authorized to accept for safekeeping any object or sum of money thus found, against submission of proof. If the finder retains the object or sum of money found, he shall be obliged to do all that can reasonably be required of him to find the owner or loser.
2. Carrier shall be authorized to sell an object found by Driver or found by another and handed over to him after three months or, if the object is not suitable for safekeeping, earlier, in so far as it concerns non-valuable items.
3. Carrier shall be obliged to hand over a found object, the proceeds of an object sold pursuant to paragraph 2, or the amount of a sum of money found to the entitled party, if the latter presents himself within one year of notification of loss. If the person entitled claims the found object or the proceeds of its sale, the Carrier may charge him the storage fee and administrative costs due.
Article 12: Force Majeure
1. A shortcoming cannot be attributed to Carrier if it is not due to his fault, or if it is not for his account by virtue of the law, legal act or generally accepted views (force majeure). If the Carrier cannot fulfill its obligations to Passenger/Client due to force majeure, Passenger/Client may terminate the agreement. In this case, the Carrier shall reimburse amounts paid in advance by the Passenger/Client as quickly as possible.
2. In the event of force majeure, Passenger/Client shall not be entitled to compensation, subject to the provisions of Article 6:78 of the Civil Code.
Article 13: Liability of Carrier.
1. Carrier shall be liable for damages caused by death or injury to the Passenger as a result of an accident occurring to the Passenger in connection with and during transportation. Carrier shall not be liable if the accident is caused by a circumstance which a careful Carrier could not have avoided and the consequences of which Carrier could not have prevented. The compensation for damages that Carrier may be liable for in the aforementioned circumstances is limited by law to € 1,000,000 per Passenger with a maximum of € 15,000,000 per event.
2. Carrier shall be liable for damage caused by total or partial loss of or damage to hand baggage, insofar as this loss or damage occurred during transport and was caused
a. by an accident occurring to Passenger which is for the account of Carrier; or
b. by a circumstance which a prudent Carrier could have avoided or whose consequences Carrier could have prevented. The compensation which Carrier may be liable to pay in the event of loss or damage to Hand Luggage is limited by law to an amount of €1,500 per Passenger.
3. In the event of delay, Carrier shall be liable by law up to a maximum of € 1,000.
Article 14: Liability
Liability of Passenger/Client shall in principle be obliged to compensate Carrier for any damage caused by him or his Hand Luggage to Carrier, except insofar as such damage is caused by a circumstance which a prudent Passenger could not have avoided and insofar as such Passenger could not have prevented the consequences thereof. Passenger cannot claim the quality or a defect of his Hand Luggage. Cleaning costs are also included in the compensation for damages referred to in this article.
Article 15: Complaints and disputes
1. Complaints about the conclusion and execution of the Transport agreement must be fully and clearly described and submitted to Carrier within a reasonable time after Passenger/Client has observed or reasonably should have observed the defects.
2. Carrier shall make every effort, partly in order to prevent disputes, to deal with complaints by Passenger/Client seriously and reasonably to the satisfaction of Passenger/Client.
3. In the event that parties cannot reach a settlement, Carrier shall be obliged to inform the complaining Passenger/Client, insofar as this Client is not acting in the course of a profession or business, of the possibility of submitting the dispute thus created to the Disputes Committee referred to in paragraph 5.
4. Passenger/Client must, in the event that he holds Carrier liable for damages, report these damages to Carrier in writing as quickly as possible. The nature and extent of the damage must be indicated approximately.
5. Disputes between Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, and Carrier concerning the conclusion or execution of agreements relating to services to be provided or delivered by this Carrier, may be submitted both by Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, and by Carrier to an independent Disputes Committee, hereinafter referred to as “Disputes Committee”.
6. A dispute will only be dealt with by a Disputes Committee if Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, has first submitted his complaint to Carrier.
7. If the complaint does not lead to a solution, the dispute must be submitted to a Disputes Committee in writing or in another form to be determined by a Disputes Committee, at the latest 12 months after the date on which Passenger/ Client, insofar as this Client is not acting in the exercise of a profession or business, submitted the complaint to the Carrier.
8. Where Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, submits a dispute to a Disputes Committee, Carrier shall be bound by this choice. If Carrier wishes to do so, it must ask Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, in writing to express its agreement within five weeks. Carrier must thereby announce that it will consider itself free to submit the dispute to the ordinary courts after the expiry of the aforementioned period.
9. A Disputes Committee shall rule in accordance with the provisions of its regulations. The regulations of the Disputes Committee will be sent upon request. The decisions of the Disputes Committee are made by way of binding advice. A fee is payable for handling a dispute.
10. Only the Dutch court or the above mentioned Dispute Commission is authorized to take cognizance of disputes.
Article 16: Compliance guarantee
1. Stuur Taxi guarantees compliance with the binding opinions of the Disputes Committee referred to in article 14, unless the member submits the binding opinion to the court for annulment within two months after its dispatch. This guarantee revives, if the binding advice after review by the court has remained in force and the judgment from which this appears has become final.
2. Stuur Taxi shall not provide a fulfillment guarantee if, before the dispute has been heard by the Disputes Committee referred to in article 14 and a final decision has been rendered, one of the following situations occurs:
a. when suspension of payment is granted, or;
b. bankruptcy, or;
c. the business activities have actually been terminated. Decisive for the latter situation is the date on which the business termination is registered in the Trade Register or an earlier date, of which Stuur Taxi can make it plausible that the business activities have actually ended;
3. The guarantee by Stuur Taxi is limited to € 3,500 per binding opinion. Stuur Taxi provides this guarantee under the condition that the Passenger/Client, insofar as this Client is not acting in the exercise of a profession or business, who appeals to this guarantee, transfers (assigns) his claim under the binding opinion to Stuur Taxi up to a maximum of the amount paid out, simultaneously with the honoring of his appeal to the fulfillment guarantee.
Article 17: Other conditions
1. All Transport agreements to which these conditions are declared applicable are subject to Dutch law.
2. Carrier shall be obliged to publicize the manner in which Passenger/Client may obtain these Conditions at his request.
3. These General Terms and Conditions are public and may be consulted via the Internet, including at www.stuurchauffeurs.nl, and may also be obtained free of charge from the Carrier upon request.