Terms & Conditions

1.Definitions

In these terms and conditions the following definitions apply.

• ADS: Amstel Delta Services B.V., established at Zilverplevierstraat 45, 1025XN Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 42059611, VAT number NL869523235B01.
• Client: the natural person or legal entity entering into an agreement with ADS or requesting a quotation.
• Passenger: the person actually transported by ADS, even where this is not the client.
• Services: all work offered by ADS, including taxi transport, passenger transport, corporate transport, trucking, distribution, contract transport, fleet management and digital services.
• Digital services: the ADS Driver driver application, planning environments, status notifications, reporting and API integrations.
• Order: any request by the client to carry out one or more rides or transports.
• Agreement: any arrangement between ADS and the client concerning the delivery of services, including framework agreements and contract transport.

2.Applicability

These terms apply to all offers, quotations, orders, agreements and deliveries by ADS, whether concluded verbally, by telephone, by e-mail, via the contact form or through an integration.

Deviations from these terms are valid only where confirmed by ADS in writing or by e-mail. Any purchasing or other conditions of the client are expressly rejected unless expressly accepted by ADS in writing.

Mandatory provisions of the Dutch Passenger Transport Act 2000 (Wet personenvervoer 2000) and Book 8 of the Dutch Civil Code also apply to taxi and other closed passenger transport. National road haulage is governed by Book 8 of the Dutch Civil Code and, where agreed, the AVC conditions. Cross-border road haulage is governed by the CMR Convention.

If any provision of these terms is void or annulled, the remaining provisions remain fully in force and the parties will agree a replacement provision that stays as close as possible to the original intent.

3.Quotations, requests and formation of the agreement

All quotations and price indications from ADS are without obligation and valid for thirty (30) days unless stated otherwise.

An agreement is formed once ADS confirms an order in writing, by e-mail or through a digital integration, or once ADS actually starts performing the order.

The client warrants the accuracy and completeness of the information provided, including pick-up and delivery addresses, times, contact details, passenger numbers, the nature and weight of the cargo and any special instructions. Incorrect or incomplete information is at the client's expense and risk.

4.Performance of transport

ADS performs the agreed transport with the care that may be expected of a professional carrier, deploying qualified drivers and inspected vehicles.

Planning, vehicle selection, routing and driver deployment are the responsibility of ADS unless agreed otherwise in writing. ADS may have an order performed wholly or partly by carefully selected subcontractors or partner carriers; ADS remains the client's point of contact.

Stated pick-up, driving and arrival times are carefully estimated but are indicative and never strict deadlines unless expressly agreed otherwise in writing. Traffic, roadworks, weather, waiting times at loading and unloading addresses and delays caused by third parties are beyond the control of ADS.

ADS applies a reasonable waiting time at pick-up addresses. Waiting time exceeding the agreed or customary allowance may be charged additionally at the applicable hourly rate.

5.Obligations of the client and passenger

Smoking, the use of narcotics and carrying open alcoholic drinks are prohibited in all vehicles. The driver may refuse or interrupt transport in the event of aggressive behaviour, unsafe situations or breaches of the law.

• Ensure the pick-up, loading and unloading location is accessible, safe and available for the agreed vehicle type.
• Be present at the agreed time and place; ADS waits a reasonable period and may then treat the ride as a no-show.
• Follow the driver's instructions regarding safety, legislation and order in the vehicle.
• Do not offer dangerous, prohibited, perishable or undeclared goods without prior written consent from ADS.
• For freight transport, provide sound packaging, correct documentation and accurate details of weight, dimensions and nature of the cargo.
• Compensate at cost any damage to the interior or exterior of the vehicle caused by the client, passenger or cargo, including cleaning and downtime costs.

6.Rates, additional work and surcharges

Rates are agreed per order or framework agreement and are exclusive of VAT unless stated otherwise. For consumer transport, prices are communicated including VAT.

Unless agreed otherwise, the following may be charged additionally: waiting time, extra stops, toll and parking costs, ferries, low-emission zone exemptions, loading and unloading assistance, night surcharges, public holiday surcharges and costs resulting from incorrect information.

ADS may index rates annually and adjust them in the interim in the event of demonstrable cost increases, such as significant changes in fuel, energy, insurance or collective labour agreement costs. For contract transport, rate changes are announced at least thirty (30) days in advance.

7.Invoicing and payment

Business orders are invoiced per ride, weekly or monthly, depending on the arrangements made. The payment term is fourteen (14) days from the invoice date unless agreed otherwise in writing.

In the event of late payment the client is in default by operation of law. ADS may then charge statutory (commercial) interest and extrajudicial collection costs in accordance with Dutch law.

Objections to an invoice must be submitted in writing and with reasons within fourteen (14) days of the invoice date. An objection does not suspend the payment obligation for the undisputed part.

ADS may require security, a deposit or advance payment, and may suspend services while invoices remain outstanding.

8.Cancellation, changes and no-show

Changes and cancellations must be communicated as early as possible and in a demonstrable manner (by e-mail, confirmed by telephone, or via the integration).

Unless agreed otherwise per order or contract, the following cancellation scheme applies to scheduled rides and transports.

• More than 24 hours before the scheduled start: free of charge.
• Between 24 and 4 hours before the scheduled start: 50% of the agreed ride amount.
• Less than 4 hours before the scheduled start or no-show: 100% of the agreed ride amount.
• For specially procured capacity, long-term hire or externally rented equipment, the actual costs incurred apply.

9.Liability

The liability of ADS is limited to what is set out in this article and to what mandatory law prescribes.

Passenger transport is governed by the statutory liability regime of Book 8 of the Dutch Civil Code. For national road haulage, the liability of ADS is limited to the statutory maximum per kilogram of damaged or lost cargo under Dutch law. For international road haulage, the liability limit of the CMR Convention applies.

ADS is not liable for indirect damage, consequential loss, lost profit, lost savings, immaterial damage, damage due to delay or damage caused by missed connections or appointments, except in cases of intent or deliberate recklessness on the part of ADS or its management.

Except where mandatory law provides otherwise, the liability of ADS per event is limited to the amount paid out by its liability insurer in that case, increased by the deductible, and in the absence of payment to a maximum of the invoice amount of the relevant order.

ADS accepts no liability for items left behind or forgotten in the vehicle. Found items are stored carefully and can be collected at our address after identification.

Any claim lapses if it is not reported to ADS in writing within twelve (12) months of the damage occurring.

10.Force majeure

ADS is not obliged to fulfil any obligation if it is prevented from doing so by force majeure. Force majeure includes extreme weather, natural disasters, fire, riots, terrorism, war, epidemics, government measures, strikes, blockades, road closures, failure of energy or telecommunications networks, disruptions at suppliers and serious traffic incidents.

If the force majeure situation lasts longer than thirty (30) days, either party may terminate the agreement in writing for the part not yet performed, without any obligation to pay compensation. Work already performed is settled pro rata.

11.Digital services, ADS Driver and API integrations

ADS provides its own digital services, including the ADS Driver application, real-time status notifications, digital trip documentation and API integrations. These services are a fully operational part of our transport service.

ADS makes every effort to achieve the highest possible availability but does not guarantee uninterrupted availability, error-free operation or specific response times unless agreed in a separate service level agreement.

The client receives a non-exclusive, non-transferable and revocable right to use the digital services for the duration of the agreement. All intellectual property rights in software, designs, dashboards, documentation and trademarks remain with ADS or its licensors.

Access credentials, API keys and tokens are strictly personal. The client is responsible for careful management and must report suspected misuse immediately. ADS may temporarily block access in the event of misuse, unsafe use or excessive load on the integration.

Ride, location and status data processed through the digital services are handled in accordance with our privacy policy and the GDPR.

12.Confidentiality and data protection

The parties treat all confidential information received from each other under the agreement as strictly confidential and use it only for the purpose for which it was provided.

Where ADS processes personal data on behalf of the client, the parties will conclude a data processing agreement on request. For its own processing activities ADS acts as controller; see the privacy policy for details.

13.Complaints

Complaints about the performance of a ride or transport must be submitted in writing as soon as possible, and no later than fourteen (14) days after performance, via info@adsbv.nl, stating the date, time, ride or order number and a brief description.

Visible damage to cargo or vehicle must be recorded on the consignment note or digital delivery confirmation immediately on delivery. Non-visible damage must be reported within seven (7) days of delivery.

ADS confirms receipt of a complaint within two (2) working days and aims to provide a substantive response within ten (10) working days.

14.Suspension, termination and continuing agreements

ADS may suspend performance or terminate the agreement in whole or in part if the client fails to meet its obligations, is declared bankrupt, has applied for suspension of payments, or where there are reasonable grounds to fear that it will not meet its obligations.

Continuing agreements for contract transport are entered into for the agreed term and may thereafter be terminated in writing with one (1) month's notice as at the end of a calendar month, unless agreed otherwise.

15.Amendments to these terms

ADS may amend these terms and conditions. The current version is always available at adsbv.nl. For ongoing continuing agreements, material changes are announced at least thirty (30) days before they take effect.

16.Governing law and disputes

All agreements with ADS are governed exclusively by Dutch law.

Disputes are preferably resolved by mutual consultation. Failing that, disputes will be submitted to the competent court in Amsterdam, without prejudice to a consumer's right to choose the court designated by law within one month.

17.Contact details

• Amstel Delta Services B.V.
• Zilverplevierstraat 45, 1025XN Amsterdam, the Netherlands
• Telephone: +31 6 1721 7734
• E-mail: info@adsbv.nl
• Chamber of Commerce number: 42059611
• VAT number: NL869523235B01