Article 1. Applicability
1.1 These General Terms and Conditions apply to all our offers, assignments and agreements insofar as these relate to the area of ​​work of Euro BOB (driver services and services).
1.2Â General terms and conditions of the other party will only form part of the agreement in whole or in part, if they have been expressly accepted by Euro BOB.
1.3Â If it should appear that one or more articles of the agreement are void or non-binding, this will not affect the connection of the other provisions of this agreement.
Article 2. Definition
2.1Â In these clauses, the following terms have the following definitions:
2.2Â Euro BOB / we / us: Euro BOB
2.3Â The driver: a natural person registered with Euro BOB, or a third party designated by it, with whom we mediate on requests.
2.4Â Driver service: the labor force made available by us.
2.5Â Assignment: the agreement between us and the customer on the basis of which we meet the customer’s demand for a chauffeur service by (and to the extent that each time) offer (a) chauffeur service(s) to the customer, including the agreement that is continued until regarding a replacement driver service.
2.6 Driver time: the time a driver spends driving in the other party’s car.
2.7Â Waiting time: the time a driver spends waiting for the other party .
2.8Â Travel time: the time a driver spends traveling from and/or to the agreed address.
2.9Â Other party: natural or legal person with whom Euro BOB has a service agreement.
2.10Â Rate: the rate that we charge the customer for our services, per trip, per kilometer, per hour or as agreed and possibly adjusted afterwards in accordance with the order and conditions.
2.11 Total rate: a total amount agreed upon in a separate agreement that we charge the customer for all our services related to a specific assignment, unless subsequently adjusted in accordance with the assignment and conditions.
Article 3. Conclusion of agreement
3.1Â All our offers are always without obligation and apply as a whole.
3.2 We can revoke our offer immediately after acceptance, even if our offer contains a term for acceptance and acceptance takes place within this term. We have this option in any case within two working days after receipt of the acceptance.
3.3Â An agreement is in any case considered to have been concluded if we have started the execution of an order.
3.4Â The contents of our price lists, printed matter, brochures and the like are as accurate as possible but are not binding on us, unless explicitly referred to in the agreement.
Article 4. Choice
4.1Â Euro BOB is completely free in the selection of and the mediation with the driver.
Article 5. Quotations
5.1Â Offers are not binding, provided they contain a term for acceptance.
Article 6. Duration of the assignment
6.1Â The assignment can be entered into for a definite period of time or for an indefinite period of time.
6.2Â The assignment is entered into for a definite period: either ad hoc, or for a fixed period, or for a determinable period;Â that is, for a period that ends due to the occurrence of an objectively determinable event (an event that occurs independently of the will of the parties), or for a determinable period, which does not exceed a specified time.
6.3Â When determining a determinable period, as referred to in paragraph 2, several events can be described, on the understanding that the assignment ends when each individual event occurs.
Article 7. End/dissolution/suspension of the assignment
7.1Â The assignment for a definite period ends by operation of law upon expiry of the stipulated time or because an event occurs, as referred to in Article 6, paragraphs 2 and 3.
7.2 Every assignment (for a definite period or for an indefinite period) can be terminated by giving notice , if (premature) termination is allowed. This is without prejudice to the obligation of the customer to implement the provisions below.
7.3 Every assignment ends by operation of law at the time that we can no longer match the driver service for the customer because the employment contract between us and the worker has ended and is not immediately continued. However, this end does not come into effect if we are able to replace the labor force with another labor force and replacement actually takes place within two weeks after the date on which the labor force could no longer be made available.
7.4 If the customer does not, not timely or not properly fulfill one or more of his obligations arising from the agreement, we are entitled to suspend the driver service and/or the to dissolve the relevant agreement by means of a written notification to the customer with immediate effect, without prejudice to all other rights accruing to us, all of which have become immediately due and payable.
7.5 In addition to our other rights, we can terminate the agreement with the customer at any time without further notice of default and judicial intervention and without liability to pay the customer by means of a written notice to the customer with immediate effect if the customer has not paid his due and payable obligations. late, becomes insolvent, if the bankruptcy of or by the customer is requested, if a suspension of payments is requested, or if the customer ceases or transfers his business or changes substantially and/or attachment is placed against him that is not within 30 days after date the seizure will be lifted. If we dissolve the agreement pursuant to this article,
7.6 The other party has the opportunity to cancel an agreed journey, provided this is done no later than 24 hours before the start of the journey. If cancellation is not made in time, Euro BOB is entitled to invoice the other party for 3 working hours. This does not apply when booking a Euro BOB driver last-minute.
7.7 When canceling a last-minute BOB driver, the other party has up to one hour before the start of the ride to cancel. If a cancellation is made within that hour, Euro BOB is entitled to invoice the other party at least 50% of the fare with a minimum of €69 including VAT. If the driver is already waiting at the location, Euro BOB is entitled to charge this waiting rate on top of the fare. The maximum is the sum of the fare and waiting fare.
Article 8. Direct employment relationship
8.1Â The customer is not permitted to directly or indirectly hire and/or approach any worker from us, whether or not for payment, during the time that any worker has been deployed by us, or within one year after the last assignment has ended. with the aim of inducing them to enter into an employment contract with the customer or companies affiliated with the customer, at least in any way directly or indirectly, for not being involved or for benefit, such on pain of a per violation by the customer immediately due and payable fine of Euro 20,000, which cannot be mitigated, as well as an amount of Euro 450,- per day or part of a day for each day that this violation continues, without prejudice to our right to demand full compensation.
Article 9. Task, working time
9.1 With the order, the customer provides us with the description of the task that he wishes to see completed by a worker, the description of the task is only necessary if the customer wants the worker for more than 1 working day and the expected tasks deviate from driver services . The customer guarantees to us that the description corresponds to the actual task to be completed. If at any time it appears that this is not the case, the customer will immediately provide us with an appropriate description.
9.2 If and insofar as we suffer damage because the description provided with the order does not correspond to the task actually to be completed or because the later (provided) modified description does not correspond to the task actually completed, the customer is obliged to pay that damage, including costs including of the actual costs of legal assistance, to be fully reimbursed to us.
9.3 Overtime applies if work is performed in excess of the usual working hours per day or per week in the relevant sector or number of hours established by regulation or roster. Overtime following normal working hours and not exceeding half an hour is not regarded as such.
9.4 If and insofar as we suffer direct or indirect damage because the working hours, number of working hours and rest times of the employee determined or adjusted at a later date deviate from the conditions or deviate from the actual times and hours that the employee works or rests, the customer is obliged fully compensate us for that damage.
Article 10. Prices and payment
10.1 Our offer states the rate. We are entitled to increase the rate by the full amount or the proportional amount resulting from, for example, one or more of the cost increases below with regard to the assigned work, such as an increase in the hourly wage of the employee as a result of a government measure or binding regulation, or as a result of (the application of) any provision contained in the assignment and the associated conditions; an increase in the costs associated with the work as a result of a government measure or binding regulation regarding the employment conditions of the worker in a general sense; an increase in the costs associated with the work as a result of a change in the employer’s share with regard to social security contributions or other contributions and pension contributions to be paid by us (which always includes an increase in those contributions on the basis of an increase in the covered risks); an increase in the costs associated with the work as a result of changes in social security contributions and/or tax legislation or as a result of the introduction of new charges or premiums on the basis of the law or any binding regulation; increase in the costs in the broadest sense of the word associated with the work for the labor force. If, for any reason attributable to the customer, the journey reward/rate is/are set too low,
10.2 All payments to us must be made promptly without discount or set-off or at the latest within 14 days of the invoice date. (payment by invoice can only be made if the customer details are sufficiently known and payment can be reasonably expected) This payment term is a strict deadline.
10.3Â If we have one or more claims against the customer that do not arise from work performed or to be performed on behalf of the customer, including a claim for shortcoming of such an agreement, the payment received from the customer will first serve as payment of those claims.
10.4 Without prejudice to the provisions of 10.3, the payments made by the customer always serve to pay all interest and costs owed and subsequently of the longest outstanding invoices/receivables, even if the customer states that payment relates to another or later invoice/receivable. .
10.5 In the event that the customer does not fulfill one or more payment obligations, does not fulfill them on time or does not fully comply, the customer owes us interest from the due date on all late payments in the amount of the percentage of the statutory interest increased by two, per month or part of a month, whereby part of a month counts as a full month. The customer will then also owe the extrajudicial and judicial collection costs. The amount of the extrajudicial costs is 10% of the amount of the arrears with a minimum of 27.18 €, or as much more as the actual costs amount. In the event of a procedure, in addition, with regard to judicial costs, the difference between our actual costs, including our lawyer,
10.6 Regardless of the provisions of sub 10.2, we are entitled to demand security for future payment obligations from the customer, for example by submitting what we believe to be a sound bank guarantee, before (further) making workers available, without stating reasons. If we have doubts about the creditworthiness of the customer, we can refuse orders without further motivation.
Article 11. Invoices based on time and expense accountability form
11.1 (Only applicable if the customer does not pay promptly). Our invoices are also issued on the basis of the time and expense accountability forms (concerning, among other things, time and journey distance), also called ‘receipts’, which are signed by the customer for approval, which are binding on the customer. In this article, customer is understood to mean every person working for or for the customer. We are not obliged to investigate the authority of the person who signs the forms for or on behalf of the customer. This authority is provisionally assumed. In the event that we do not find anyone who can sign the work slip(s) for or on behalf of the customer, the unsigned receipt will also serve as the basis for the invoice(s).
11.2 The customer is obliged to see to it or to have it supervised that the receipts are completed completely and correctly and is obliged to sign the receipt for approval.
11.3Â The customer must immediately record any complaints with regard to the receipts on the relevant receipts, or notify us within two working days after signing the relevant form, on pain of forfeiture of any right in this regard for the customer.
11.4Â The receipts and invoices based thereon prevail over any overviews or other documents drawn up by the customer.
Article 12. Safety guarantee, indemnification and liability
12.1 If the worker suffers an industrial accident or an occupational disease, the customer will immediately inform the competent authorities and ensure that a report is drawn up without delay, in which the circumstances of the accident are recorded in such a way that it degree of certainty can be established whether and to what extent the accident is the result of the fact that insufficient measures were taken to prevent such an industrial accident. The customer is always fully liable, including with regard to sanctions imposed by competent authorities and/or judicial authorities, and indemnifies us in this regard.
12.2 We are only liable for damage caused by no, late, incomplete or improper performance of driver work in the event of intent or gross negligence.
12.3Â The other party indemnifies us against claims from third parties arising from the work performed by us.
12.4 Without prejudice to the provision in paragraph 2, we accept no liability for:
12.5Â Failure to reach the destination or late arrival as a result of any delay;
12.6Â Damage or costs incurred during the execution of the assignment that have arisen as a result of a fine or a traffic accident, which is not due to intent or gross negligence on the part of the Euro BOB driver;
12.7 Damage to the vehicle that arose during the performance of the work and/or the possible costs of a bonus or malus loss;
12.8Â Injury to passengers and damage or costs incurred to items present in the vehicle at the time of the execution of the order;
12.9Â Loss or reduction of the no-claim discount and deductibles of the insured.
Article 13. Insurance
13.1 The other party is obliged to take out at least third-party liability insurance in accordance with the requirements set out in the Motor Vehicle Liability Insurance Act, and is also obliged to take out passenger insurance. The other party is obliged to maintain these insurances during the validity of the agreement.
Article 14. Applicable law and disputes
14.1Â All our agreements are exclusively governed by Dutch law.
14.2Â If a dispute falls under the jurisdiction of a District Court in accordance with the statutory rules, only the District Court in The Hague is competent, without prejudice to our right to submit the dispute to the District Court competent in accordance with the normal rules of competence.
Article 15 Confidentiality
15.1Â The contractor shall ensure confidentiality of all data and information made available to the contractor by the client in the context of the agreement.
15.2 Subject to obligations imposed on the contractor by law or a competent government body to disclose information, the contractor is only obliged to maintain secrecy with regard to information submitted to the contractor by the client and designated as confidential, or information that the contractor may assume has such status. has. If the contractor – on the basis of a legal provision or a court decision – is obliged to provide confidential information to third parties designated by the law or the competent court and the contractor cannot rely on a legal or authorized court recognized or permitted by the competent court. right of change,
15.3Â Statements made by the contractor on behalf of the client in the context of the execution of the agreement are made at the expense and risk of the client.
15.4Â The Contractor reserves the right to use the knowledge gained through the execution of the agreement for other purposes, insofar as no confidential information is disclosed to third parties.
Article 16. Final provision
16.1 Should one of the provisions of these terms and conditions be invalid and/or be declared null and void, the validity of the other provisions will not be affected. Instead of the invalid and/or annulled article paragraph, a provision is then deemed to have been agreed upon which, within the framework of what is legally possible, most closely approximates the intention in the spirit of the invalid and/or annulled article paragraph.
16.2Â We may change these terms and conditions at any time in the future.
16.3Â Deviations from these general terms and conditions are only valid if agreed in writing in advance.
September 2022 version
