CHAPTER 1 – GENERAL PROVISIONS
ARTICLE 1 | DEFINITIONS
In these General Terms and Conditions, the following terms shall have the meanings set out below, unless the context or nature of a provision indicates otherwise:

Transport People BV: the user of these General Terms and Conditions, established in Poeldijk, registered with the Dutch Chamber of Commerce under number 64759601.

Temporary Agency Worker (Employee): the natural person who performs or will perform work for the Hirer through the mediation of Transport People BV.

Client: any natural or legal person making use of the services of Transport People BV.

Hirer: the natural or legal person who, through the mediation of Transport People BV, makes use of one or more temporary agency workers.

Hiring Agreement: the agreement concluded between Transport People BV and the Hirer, under which a Temporary Agency Worker performs work for the Hirer.

Hiring Rate: the hourly amount owed by the Hirer to Transport People BV for the provision of the Temporary Agency Worker.

Temporary Employment Agreement: the employment contract between Transport People BV and the Temporary Agency Worker under which the worker is assigned by Transport People BV to the Hirer, pursuant to a Hiring Agreement concluded between Transport People BV and the Hirer, to perform work under the supervision and direction of the Hirer.

Recruitment Agreement: the agreement between Transport People BV and the Client and/or a Job Seeker, under which Transport People BV undertakes to assist the Client, the Job Seeker, or both, in finding suitable employees or employment opportunities, with the aim of concluding an employment contract under civil law or an appointment as a civil servant.

Assignment (Temporary Placement): the act by which Transport People BV makes a worker available to the Hirer under a Temporary Employment Agreement as referred to in the previous clause.

NBBU CLA: the Collective Labour Agreement (CLA) for Temporary Agency Workers applicable to Transport People BV, which is a member of the Dutch Association of Intermediary and Temporary Employment Agencies (NBBU).

ARTICLE 2 | GENERAL PROVISIONS
These General Terms and Conditions apply to every offer made by Transport People BV to the Hirer, to every Hiring Agreement, and to all legal relationships arising therefrom between Transport People BV and the Hirer.
Deviations from these Terms and Conditions are only valid if agreed upon in writing.
If and insofar as the written agreement between Transport People BV and the Hirer deviates from these General Terms and Conditions, the written agreement shall prevail.
The applicability of any general or other terms and conditions of the Hirer is expressly rejected.
If any provision of these General Terms and Conditions is invalid or annulled, the remaining provisions shall remain in full force. In such case, Transport People BV and the Hirer shall consult each other to agree on a substitute provision that, as far as possible, reflects the purpose and intent of the original clause.

ARTICLE 3 | OFFER AND FORMATION OF THE AGREEMENT
All offers by Transport People BV are non-binding, even if a period for acceptance is stated.
The Hirer cannot derive any rights from an offer that contains an obvious error or mistake.
Nor can the Hirer derive rights from an offer based on incorrect or incomplete information provided by the Hirer.
An offer from Transport People BV does not automatically apply to subsequent Hiring Agreements; however, these Terms and Conditions do apply to such future agreements without the need to reissue them.
A Hiring Agreement is concluded by offer and acceptance. If the acceptance by the Hirer deviates from the offer by Transport People BV, the agreement shall not be concluded in accordance with such deviation, unless Transport People BV explicitly agrees otherwise.

ARTICLE 4 | INVOICING AND PAYMENT
Unless expressly agreed otherwise, invoices from Transport People BV are based on the time sheets completed and approved by the Hirer.
The Hirer is responsible for the accurate, timely, and complete completion and approval of time sheets. Unless agreed otherwise, approval shall take place by (digital) signature.
If the Hirer fails to comply, Transport People BV may invoice based on the facts and circumstances known to it, after reasonable consultation with the Hirer.
Unless proven otherwise, the submitted time sheets are binding for the amount owed by the Hirer.
If the Temporary Agency Worker disputes the time sheet, Transport People BV may invoice according to the worker’s report.
Payment must be made within 14 days of the invoice date, in the manner prescribed by Transport People BV, without any deduction, discount, or set-off.
Rate changes resulting from CLA obligations or changes in legislation (e.g. tax or social laws) will be passed on to the Hirer from the effective date.
Payments must be made directly to Transport People BV; any payments or advances to Temporary Agency Workers are strictly prohibited and will not discharge the Hirer’s payment obligations.
Complaints regarding invoices must be submitted in writing within 8 days after the invoice date; failure to do so nullifies the right to contest the invoice.
Late payment results in automatic default, with 1% monthly interest charged on the gross outstanding amount.
All reasonable collection costs (including legal and extrajudicial costs) are borne by the Hirer, amounting to at least 15% of the principal sum, with a minimum of €500.

ARTICLE 5 | TERMINATION
Both Transport People BV and the Hirer may, in justified circumstances, wholly or partly terminate the agreement with immediate effect if the other party fails to meet its obligations, or if circumstances arise giving reasonable grounds to believe it will not do so.
Termination must be preceded by a written notice of default allowing a reasonable period for compliance.
Either party may also terminate immediately in cases of (provisional) suspension of payments, bankruptcy, liquidation, cessation of business, or attachment of substantial assets.
Termination must be in writing and sent by registered mail.
If the Hirer has already received services at the time of termination, termination applies only to the unperformed part.
Invoices issued prior to termination remain payable in full and become immediately due upon termination.

ARTICLE 6 | SUSPENSION
If the Hirer fails to fulfil any obligation after written notice, Transport People BV may suspend its obligations without liability for damages.
Instead of suspension, Transport People BV may require financial security such as an advance or bank guarantee proportional to the Hirer’s obligations.
The same applies if there is reason to doubt the Hirer’s financial position.

ARTICLE 7 | LIABILITY AND INDEMNITY
Except in cases of intent or deliberate recklessness, Transport People BV is not liable for any direct or indirect damage to persons or property resulting from:

the provision of a Temporary Agency Worker, even if the worker does not meet the Hirer’s requirements;

unilateral termination by the worker;

acts or omissions of the worker, the Hirer, or third parties.

The Hirer must maintain adequate liability insurance and indemnifies Transport People BV against all third-party claims or employee claims.
Transport People BV is never liable for indirect or consequential damages, such as lost profit, loss of turnover, or business interruption.
Any liability of Transport People BV is limited to 50% of the invoiced or invoiceable amount related to the incident.
Transport People BV is entitled to repair, prevent, or limit any damage, provided the Hirer allows reasonable opportunity to do so.

ARTICLE 8 | FORCE MAJEURE
Transport People BV is not obliged to fulfil its obligations if hindered by a circumstance that cannot be attributed to it under law, legal act, or prevailing standards.
Force majeure includes, but is not limited to: strikes, company occupation, blockades, embargoes, government measures, war, revolution, blackouts, communication failures, fire, explosion, flooding, natural disasters, or epidemics.
Transport People BV shall notify the Hirer as soon as possible of any force majeure situation.
If force majeure makes performance permanently impossible or lasts longer than three months, either party may terminate the agreement immediately.
Any work already performed may be invoiced separately as a completed contract.
No compensation is owed for damages resulting from force majeure.

ARTICLE 9 | DISPUTES
All Hiring Agreements and related legal relationships are governed exclusively by Dutch law.
Before taking legal action, the parties shall make every effort to resolve disputes amicably.
Unless mandatory law dictates otherwise, disputes shall be submitted exclusively to the competent court in the district where Transport People BV is established.

CHAPTER 2 – CONDITIONS FOR THE ASSIGNMENT OF TEMPORARY AGENCY WORKERS
ARTICLE 10 | HIRING OF TEMPORARY AGENCY WORKERS
The NBBU Collective Labour Agreement for Temporary Agency Workers (NBBU CLA) applies to the Temporary Employment Agreement.

No employment contract exists between the Hirer and the Temporary Agency Worker.

When the Temporary Agency Worker is assigned by Transport People BV to the Hirer, the work is performed under the actual supervision and direction of the Hirer. The Hirer must exercise the same duty of care towards the Temporary Agency Worker as towards its own employees. Transport People BV acts as the formal employer and has no control over the workplace or the activities performed there.

The work to be performed by the Temporary Agency Worker is as expressly set out in the Hiring Agreement. Any deviation during the term of the Hiring Agreement shall only occur in consultation with Transport People BV.

ARTICLE 11 | CONTENT OF THE HIRING AGREEMENT AND NOTICE PERIODS
Transport People BV and the Hirer shall expressly agree the duration of the assignment. If the duration cannot be determined in advance, the parties shall agree on the most accurate estimate possible. Where relevant and feasible, the parties shall also expressly agree the start and end date, number of hours, notice period, and the employment conditions of the Temporary Agency Worker.

If the agency clause (uitzendbeding) applies to the Temporary Employment Agreement, neither Transport People BV nor the Hirer is bound by any notice period for early termination, unless expressly agreed otherwise.

If the agency clause does not apply, the Temporary Employment Agreement is for a fixed term or for an indefinite term. In that case, the Hiring Agreement ends only upon expiry of the agreed duration, unless expressly agreed otherwise.

If the Hirer terminates a fixed-term or indefinite-term Temporary Employment Agreement prematurely, the Hirer owes Transport People BV an immediately payable compensation equal to 100% of the last applicable Hiring Rate for the Temporary Agency Worker, multiplied by the number of hours expressly agreed in the Hiring Agreement for the period from the premature termination until the originally agreed end date.

If the assignment is terminated by the Hirer where no duration was agreed and the Temporary Agency Worker is employed under a fixed-term or indefinite-term Temporary Employment Agreement, a notice period of 20 working days applies, unless expressly agreed otherwise.

ARTICLE 12 | WAGES AND OTHER REMUNERATION FOR THE TEMPORARY AGENCY WORKER
The wage and other remuneration due to the Temporary Agency Worker shall be determined prior to the assignment and, where necessary, during the assignment.

The wage and remuneration are equal to those granted to comparable employees in equivalent positions employed by the Hirer (the “hirer’s remuneration” principle).

The Hirer must provide Transport People BV timely and accurate information regarding the components referred to in paragraph 2. Failing this, Transport People BV is entitled, with retroactive effect from the start of the relevant position, to adjust the wage and other remuneration, as well as the agreed Hiring Rate, accordingly and to charge these to the Hirer.

If the wage and other remuneration cannot be determined in accordance with the hirer’s remuneration principle, they shall be determined in consultation between Transport People BV, the Temporary Agency Worker, and the Hirer, taking into account the worker’s education and experience, as well as the responsibilities and required capabilities of the role.

If, after the Temporary Agency Worker has reported to the workplace, the Hirer makes use of the worker’s services for less than three hours, the Hirer owes the Hiring Rate for at least three hours per call, provided that:
a) the agreed scope of work is less than 15 hours per week and the working hours have not been expressly agreed; or
b) the Hirer has not, or not clearly, expressly established the scope of work.

If the Hirer requires the Temporary Agency Worker to possess certain items—such as a Certificate of Good Conduct (VOG) or personal protective equipment—the Hirer shall provide these insofar as possible. If such items are supplied by Transport People BV, the associated costs may be charged to the Hirer.

ARTICLE 13 | ENTERING INTO A DIRECT EMPLOYMENT RELATIONSHIP
As long as the Temporary Employment Agreement between Transport People BV and the Temporary Agency Worker has not been lawfully terminated by the worker, the Hirer is prohibited from entering into a direct employment contract with that worker.

The Hirer shall promptly notify Transport People BV in writing of its wish to enter into a direct employment contract, or another form of employment relationship, with a Temporary Agency Worker supplied or to be supplied by Transport People BV. The Hirer and Transport People BV shall then consult regarding the Hirer’s request.

“Another form of employment relationship” includes, inter alia:
a) appointment as a civil servant;
b) a contract for services (overeenkomst van opdracht);
c) a contract for work (aanneming van werk);
d) having the worker assigned to the Hirer by a third party (e.g., another temporary employment agency) for the same or different work.

ARTICLE 14 | SELECTION OF TEMPORARY AGENCY WORKERS
Selection of the Temporary Agency Worker by Transport People BV is based, on the one hand, on the qualifications and competencies known to Transport People BV of available workers and, on the other hand, on the information provided by the Hirer regarding the duties to be performed. Transport People BV will not honour requirements set by the Hirer that are not relevant to the function.

If a Temporary Agency Worker does not meet the requirements set by the Hirer, the Hirer may notify Transport People BV within 4 hours after commencement of work. In such case, the Hirer shall at least reimburse Transport People BV for the wage and other remuneration due to the worker, plus the employer’s share of social security contributions and premiums, and any obligations arising from the CLA.

During the term of the Hiring Agreement, Transport People BV may propose replacement of the Temporary Agency Worker, including where the worker is no longer able to perform the agreed work. The Hiring Rate will then be re-determined between Transport People BV and the Hirer.

ARTICLE 15 | HIRER’S DUTY OF CARE AND INDEMNITY TOWARDS TRANSPORT PEOPLE BV
The Hirer is deemed to be aware of its obligations under the Dutch Working Conditions Act (Arbeidsomstandighedenwet) and Article 7:658 of the Dutch Civil Code, and shall ensure a safe workplace for the Temporary Agency Worker. The Hirer shall provide specific instructions to prevent the worker from suffering damage in the performance of their duties and shall, where necessary, provide personal protective equipment.

The Hirer shall indemnify Transport People BV at all times against claims brought against Transport People BV due to the Hirer’s failure to comply with the obligations referred to in paragraph 1, and authorises Transport People BV to assign its rights in this respect to the directly interested party/parties, or to assert such rights against the Hirer also on behalf of Transport People BV.

Prior to the assignment, the Hirer shall provide both the Temporary Agency Worker and Transport People BV with necessary information regarding the required professional qualifications of the worker and the Risk Inventory and Evaluation (RI&E), including the specific characteristics of the workplace.

Without prior consent from Transport People BV, the Hirer shall not reassign (“lend”) the Temporary Agency Worker to a third party to work under that third party’s supervision and direction.

The Hirer is liable towards the Temporary Agency Worker and Transport People BV for damage suffered by the worker in the performance of their duties, unless the damage is largely the result of intent or deliberate recklessness by the worker, all with due observance of Article 7.

If the Temporary Agency Worker suffers injury in the performance of their duties resulting in death, the Hirer is obliged, pursuant to Article 6:108 of the Dutch Civil Code, to compensate the persons referred to in that article, as well as Transport People BV, unless the damage is largely the result of intent or deliberate recklessness by the worker, all with due observance of Article 7.

The Hirer is obliged to maintain adequate and comprehensive liability insurance covering all direct and indirect damage as referred to in this Article.

ARTICLE 16 | IDENTIFICATION AND PERSONAL DATA
At the start of the assignment, the Hirer shall verify the identity of the Temporary Agency Worker on the basis of a valid original identity document and retain a copy of this document in its records.

The Hirer shall treat any personal data of the Temporary Agency Worker obtained in the context of the Hiring Agreement as confidential and shall process such data in accordance with applicable data protection legislation (including, as applicable, the Dutch Personal Data Protection Act / GDPR).

The Hirer shall indemnify Transport People BV against fines and other third-party claims imposed due to the Hirer’s failure to comply with the obligations set out in the preceding paragraphs.

ARTICLE 17 | COMPANY CAR AND BUSINESS CLOSURE
The Hirer shall promptly notify Transport People BV of its intention to make a company car available to the Temporary Agency Worker. The Hirer may only agree with the worker that the car may be used for private purposes after prior consultation with Transport People BV, so that wage tax consequences can be duly taken into account. If the Hirer fails to do so, it is liable for the resulting damage, costs, and (fiscal) consequences for Transport People BV.

If, during the assignment, a business closure or compulsory day off occurs, the Hirer shall inform Transport People BV thereof upon entering into the Hiring Agreement so that Transport People BV can take this into account when determining the employment conditions. If the Hirer fails to do so, the Hirer owes Transport People BV, for the duration of the closure or compulsory day off, the number of hours expressly agreed in the Hiring Agreement multiplied by the last applicable Hiring Rate.