Terms and Conditions

General terms and conditions CabToAirport VOF

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms are used in the following sense, insofar as the nature or intent of the present provisions does not dictate otherwise.

  1. CabToAirport: City Tour Taxi VOF the user of these general terms and conditions, established in Amsterdam, registered in the Trade Register under Chamber of Commerce number 74084089.
  2. Customer: the natural or legal person with whom CabToAirport has concluded or intends to conclude an agreement, or the person for whose benefit the agreement has been stipulated and who has accepted that stipulation.
  3. Driver: the driver within the meaning of Article 1, first paragraph under n of the Road Traffic Act, the actual driver thereof. Drivers carry out the journeys at their own expense and risk. Furthermore, there is never an employee-employer relationship between directors and CabToAirport.
  4. Agreement: the agreement for passenger transport to which these general terms and conditions apply.
  5. Journey: the road transport to be performed by the driver for the customer in the context of the agreement. The ride also includes getting in and out.
  6. Reservation: the ride reserved by the customer via the application, by telephone or via the website.
  7. Taxi: the motor vehicle of the driver, which is used to carry out the journey.
  8. Website: the website of CabToAirport: www.CabToAirport.nl
  9. Application: CabToAirport's mobile application.
  10. Written: both traditional written communication and communication by e-mail.

ARTICLE 2. | GENERAL PROVISIONS

  1. These general terms and conditions apply to every offer made to the customer by CabToAirport and to every agreement that has been concluded.
  2. The applicability of any general or other terms and conditions of the customer is expressly rejected.
  3. The provisions of these general terms and conditions can only be deviated from in writing. If what the parties have expressly agreed in writing deviates from the provisions of these general terms and conditions, what the parties have expressly agreed in writing will prevail.
  4. Annulment or nullity of one of the present provisions does not affect the validity of the other provisions. In some cases, the parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT

  1. Every offer from CabToAirport, made on the website or otherwise, is without obligation and subject to sufficient transport options. CabToAirport is never obliged to accept a reservation, unless otherwise concluded from an agreement already concluded

    2. results.

  2. An offer from CabToAirport never automatically applies to follow-up agreements.
  3. A composite quotation does not oblige CabToAirport to fulfill part of the offer against a corresponding part of the stated price.
  4. The agreement is concluded by offer and acceptance. The customer receives an automatic confirmation of the reservation.

ARTICLE 4. | CANCELLATION

  1. The customer is entitled to cancel a reservation placed through the application or website up to one hour before the start of the ride, in which case the customer owes € 5 cancellation costs. In the event of cancellation later than one hour before the start of the journey, the customer will still owe the full fare.
  2. Cancellation as referred to in the previous paragraph is only possible through the application or website. If the reservation has been made through the website, cancellation can be made on the basis of the instructions as stated under the hyperlink in the reservation confirmation that the customer has received at the e-mail address provided by him.
  3. If prepayment has been made with the reservation as referred to in paragraph 1 and the consumer is entitled to a partial refund according to the provisions of paragraph 1, this credit will be credited as soon as possible, but no later than 14 days after receipt of the cancellation statement by CabToAirport.

ARTICLE 5. | CUSTOMER OBLIGATIONS

  1. Unless expressly stated otherwise, the customer is obliged to state a valid pick-up and destination address at the time of reservation. During the journey it is not possible to deviate from the destination address, unless this is done with the prior consent of the driver.
  2. The customer must ensure that he is ready for departure at the agreed time.
  3. The customer will refrain from contamination and damage to the taxi or the items present therein. The costs incurred by the driver in connection with abnormal pollution shall be borne by the customer.
  4. The customer is obliged to behave during transport in accordance with the reasonable instructions of the driver.
  5. Smoking is not permitted in the driver's motor vehicle.
  6. The customer is obliged to keep the seat belts fastened in the driver's motor vehicle while driving.
  7. A fine resulting from non-compliance with this obligation will be recovered from the customer.
  8. The customer will refrain from causing nuisance and inconvenience to the driver, fellow travelers and road users.
  9. The customer is prohibited from being in possession of weapons, drugs, explosives or other dangerous substances during the ride. The driver is always entitled to deny certain luggage or other items, on reasonable grounds, access to the taxi. The customer is also obliged to refrain from aggression, intimidation or other inappropriate behaviour, the use of alcoholic beverages and the transport and/or use of narcotics in the taxi.
  10. If the customer chooses to open the door of the driver's motor vehicle himself, he is obliged to open the door in such a way that no hindrance and/or danger to traffic arises.
  11. The customer is obliged to properly pack his hand luggage.
  12. Live animals may, subject to the provisions of the next paragraph of this article, be carried in a readily portable basket, bag or similar object which can be placed or held on one's lap. However, dogs may also be taken along in other ways, provided they are kept on a short lead.
  13. The animals referred to in the previous paragraph may not be taken along if they could be a nuisance or a nuisance to the customer or the driver in any way, or if they suffer from a serious illness. Assistance dogs, such as guide dogs for the blind, can in any case be brought along. If a driver is allergic to it, he will arrange for replacement transport within a reasonable time.
  14. The driver is authorized to deny further transport to the customer if the latter acts contrary to any provision of this article.

ARTICLE 6. | LOST AND FOUND

  1. The customer is obliged to notify CabToAirport of goods found by him as soon as possible. CabToAirport is authorized to take for safekeeping any property thus found against the issuance of proof. If the customer keeps the found property, he is obliged to do everything that can reasonably be expected of him to find the owner or loser.
  2. CabToAirport is authorized to sell a good found by the driver or found by another and handed over to him after three months or - if the object is not suitable for storage - earlier, insofar as it concerns non-precious goods.
  3. CabToAirport is obliged to hand over a found property, the proceeds of a property sold pursuant to paragraph 2 or the amount of a found sum to the rightful claimant, if he or she reports the loss within one year. If the entitled party claims the found object or the proceeds of the sale thereof, CabToAirport may charge him the custody fee and administration costs owed.

ARTICLE 7. | FORCE OF THE MAJORITY

  1. CabToAirport is not obliged to fulfill any obligation under the agreement if it is prevented from doing so by a circumstance that is not due to its fault, and is not for its account under the law, a legal act or generally accepted standards.
  2. Force majeure also includes unavailability and illness of directors, strikes within the CabToAirport company and other unforeseen circumstances that make the timely execution of the agreement impossible.
  3. If, as a result of force majeure, fulfillment of the agreement becomes permanently or in part permanently impossible, the agreement will be dissolved for that part affected by force majeure, without the customer being able to claim any form of compensation.

ARTICLE 8. | SUSPENSION AND DISSOLUTION

  1. CabToAirport is authorized, if the circumstances justify this, to suspend the execution of the agreement or to dissolve the agreement in whole or in part with immediate effect, if the customer does not fulfill the obligations under the agreement, not on time or not fully, or after CabToAirport has come to the knowledge of circumstances at the conclusion of the agreement give good grounds to fear that the customer will not fulfill its obligations.
  2. If the customer is in a state of bankruptcy, any attachment has been placed on his goods or otherwise cannot freely dispose of his assets, CabToAirport is entitled to dissolve the agreement with immediate effect, unless the customer has already provided adequate security for the payment.
  3. Furthermore, CabToAirport is entitled to dissolve the agreement in whole or in part if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or unaltered maintenance thereof cannot reasonably be expected of it.
  4. The customer is never entitled to any form of compensation in connection with the suspension and termination right exercised by CabToAirport on the basis of this article.
  5. Insofar as this can be attributed to him, the customer is obliged to compensate the damage that CabToAirport suffers as a result of the suspension or dissolution of the agreement.
  6. If CabToAirport dissolves the agreement on the basis of this article, all claims against the customer are immediately due and payable.

ARTICLE 9. | PRICES AND PAYMENTS

  1. Fares are based on the rates established and correctly published pursuant to the Passenger Transport Act or where the fare has been agreed in advance.
  2. If payment is made in cash, the driver and CabToAirport are entitled to promote to the customer that cash payments are made in exact money. They are not obliged to accept a quantity of coins as payment if counting them causes a disproportionate delay.
  3. CabToAirport and the driver are at all times entitled to demand that the customer provides security for the fulfillment of his payment obligation under the agreement.
  4. Unless expressly agreed otherwise, payments must be made in cash at the latest at the time of arrival at destination.
  5. If the fare has not already been paid before the start of the journey and the customer does not have sufficient cash during the journey to be able to pay the agreed price, the customer is obliged, if no alternative is reasonably available, to withdraw money from the nearest ATM.
  6. If the fare has not already been paid before the start of the journey and if it has been expressly agreed that payment is not made in cash, payments must be made to CabToAirport, by bank transfer, within 30 days of the invoice date, in the manner prescribed by CabToAirport.
  7. In the event of road pricing, CabToAirport is entitled to claim partial or full advance payment of the agreed price. CabToAirport is not obliged to implement the agreement (or have it implemented) until after the relevant advance payment has been received by CabToAirport.
  8. If the customer does not meet his payment obligation in time, the customer's default will automatically take effect, without any further notice of default being required. From that moment CabToAirport is entitled to charge statutory (commercial) interest on the outstanding amount. The period over which the statutory (commercial) interest is calculated starts on the day the customer defaults and ends on the day the full outstanding amount, including interest, has been paid.
  9. All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the customer, are for his account.

ARTICLE 10. | LIABILITY

  1. CabToAirport only mediates between the customer and driver in the execution of rides. CabToAirport is never further involved in the transport agreement between the customer and the driver than expressly arises from these general terms and conditions.
  2. The driver and not CabToAirport is liable for damage caused by death or injury of the customer as a result of an accident that happened to the customer in connection with and during the ride. The driver is not liable if the accident is caused by a circumstance that a diligent driver could not avoid and the consequences of which he was unable to prevent. If the driver or CabToAirport is liable on legal grounds for damage as a result of death or injury of the customer, or for total or partial loss or damage to the hand luggage of the customer, then their liability is limited to the 8:1157 BW issued order in council certain amounts.
  3. The customer is liable for all material and immaterial damage arising during or in connection with transport, provided that the damage can be attributed to him.
  4. The customer indemnifies CabToAirport against claims from the driver or third parties in connection with the execution of the agreement.
  5. Without prejudice to the provisions of the rest of this article, CabToAirport is never liable for a higher amount of damage than is paid out under the given circumstances on the basis of the CabToAirport liability insurance taken out for that purpose.

ARTICLE 11. | PRIVACY

  1. CabToAirport will use the data provided by the customer and stored under his account, such as; keep your name, (email) address, telephone number and payment details carefully.
  2. With the prior express consent of the customer, CabToAirport is entitled to send him messages, such as regarding promotions, new services, news and fun events. This express consent is not required if the information is related to the execution of the agreement or services of CabToAirport that were previously purchased by the customer. In the context of the agreement, CabToAirport can share the information provided by customers with drivers, insofar as this is necessary for the service to the customer. This may include the customer's telephone number and name, as well as the pick-up and/or destination address.
  3. Personal data of the customer will never be processed in violation of the Personal Data Protection Act, which also includes the provision of personal data to third parties.

ARTICLE 12. | COMPLAINTS

  1. Complaints must be submitted to CabToAirport in writing or via the contact form on the website. Complaints by post should be addressed to “CabToAirport VOF, via email: info@CabToAirport.nl. It is important to clearly state the content of the complaint, the name of the customer, his address and telephone number.
  2. Complaints submitted to CabToAirport will be answered within a period of fourteen days after receipt. If a complaint requires a longer processing time, an answer will be given within the period of fourteen days with a confirmation of receipt and an indication of when the customer can expect a more detailed answer.
  3. If the complaint cannot be resolved by mutual agreement, the customer, a natural person not acting in the exercise of a profession or business (consumer), can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/ consumers/odr).

ARTICLE 13. | FINAL PROVISIONS

  1. Only Dutch law applies to every agreement and all legal relationships arising from it between the parties.
  2. Before appealing to the court, the parties are obliged to make an effort to settle the dispute in mutual consultation.
  3. Insofar as the law does not necessarily deviate from this, only the competent court within the district of Amsterdam will be designated to take cognizance of disputes.
  4. CabToAirport is always entitled to change these general terms and conditions, on the understanding that changes thereto do not relate to agreements that have already been concluded. However, if the legal relationship between CabToAirport and the customer continues for an indefinite period, such as in the case of use of the website, amended general terms and conditions also apply to that legal relationship, subject to a period of 30 days after notification of the amended general terms and conditions to the customer by email. If the customer does not wish to accept the amended terms and conditions, he must stop using the services of CabToAirport.
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