Article 1. General
1.1. These terms and conditions are applicable to all offers, assignments, services, communications, advice, acceptances, deliveries, executions and work and further agreements of Rijschool via Breda, except and insofar as Rijschool via Breda declares otherwise in writing.
1.2. In all cases where Rijschool via Breda deviates from a provision of these general conditions, the other provisions shall remain in full force.
1.3. All offers are non-binding. Rijschool via Breda is only bound after commitments made by it or its employees have been confirmed in writing.
1.4. Any assignment or registration confirmed by Rijschool via Breda to the student, is considered binding unless the confirmation is contradicted in writing within 5 days of receipt.
1.5 The applicability of any general conditions of the course participant is explicitly rejected.
Article 2. Obligations Rijschool via Breda
Rijschool via Breda is obliged to ensure that:
2.1. The driving lessons are given by a qualified instructor who meets the requirements set in the Dutch Driving Instruction Act (WRM);
2.2. the full duration of the driving lesson is used for the purpose of driving instructions;
2.3. the student drives as much as possible in the same car and will in principle also take the driving test in that car;
2.4 the application for the driving test has actually been submitted by the driving school to the competent authority – after payment of the applicable amounts and submission of the necessary documents – no later than three weeks after the date on which it was decided in consultation with the student that the driving test could be applied for and on which the student paid the costs of the test to the driving school;
2.5. the student’s own statement has been checked for correctness;
2.6. All necessary (company) insurances are in place;
2.7. the student is made aware of the fact that, as soon as there is a denial of the authority to drive motor vehicles, he/she must report this to Rijschool via Breda.
Article 3. Student obligations
3.1. The student is obliged to follow all instructions of the instructor during the driving lessons;
3.2. The student must keep to the agreed time, date and place for the driving lesson and must pay the full lesson price if he does not show up at the agreed lesson time without timely cancellation.
3.3. If the student shows up late, the lesson duration will be shortened by the time the student was late. In that case, the full lesson time must be paid.
3.4 If the student is unable to attend the lesson, he must inform the driving school in due time, at least 24 hours before the lesson starts. In this case, no fee will be charged and another appointment will be made for the lesson.
3.5. A driving lesson cancelled within 24 hours will be charged in its entirety.
3.6. For the application of the theoretical exam, practical exam, interim test or other partial test, the student must authorise Rijschool via Breda via www.mijn.cbr.nl to confirm the reservation of the exam.
3.7. Before the start of the driving course, the student must provide all relevant information about his/her medical and/or psychological situation and medication, alcohol and/or drug use, which may influence the lessons and the driving ability or licence.
3.8. The trainee shall ensure that he/she has the necessary documents for the practical and theoretical exams by the competent authority. Rijschool via Breda is not liable for the consequences if the student cannot take the exam due to the lack of the required documents.
3.9. In the case of driving disqualification, the student is required to report this to the driving school. If the student fails to mention this, Rijschool via Breda is not liable for this.
Article 4. Payment
4.1 Unless explicitly agreed otherwise in writing, the student is required to pay the agreed amount for the practical and theoretical lessons in cash. The costs of the textbooks for practical and/or theory lessons must be paid in cash upon delivery, unless explicitly agreed otherwise in writing.
4.2 Rijschool via Breda is entitled to adjust the lesson price during the term of the lesson agreement.
In that case, the course participant has the right to dissolve the training agreement, which right he/she can use up to 2 weeks after learning about the price change.
4.3. If the course participant fails to pay the amount due after a reminder, the amount will be increased by collection costs. The collection costs include both judicial and extrajudicial costs. The extrajudicial costs amount to at least 15% of the amount due.
4.4. In case of non-timely payment by the student, Rijschool via Breda has the right to suspend or dissolve the relevant agreement and all further agreements concluded between the parties, but not or only partially executed, at least to be considered as dissolved without judicial intervention and without prejudice to the right to claim compensation for damages, lost profits and interest.
4.5. The course participant can then no longer derive any rights from that agreement, while any payment arrangements have lapsed and payment for assignments already carried out is due immediately and in full. Any agreed discounts are also cancelled.
Article 5. Application for practical exam, re-examination, interim test
5.1. Unless otherwise expressly agreed, the costs for the examination application shall be paid in cash and simultaneously with the completion of the necessary documents and the personal statement to Rijschool via Breda.
5.2. If the driving test is cancelled due to holidays of the student, the student is responsible for the costs, unless the holiday period in the exam application to Rijschool via Breda is indicated.
5.3. Rijschool via Breda is, after oral or written announcement, entitled to pass on interim price changes of the theory exam, or the practical exam.
Article 6. practical exam
6.1. If the practical examination cannot take place because the student is absent, because he/she
has failed to indicate his/her dates of prevention when applying for the examination, the student himself/herself shall bear all costs arising therefrom.
6.2. If, on account of bad weather, the competent authority cancels the driving test at the
agreed date and time does not go through, Rijschool via Breda will charge the student a lesson for the re-set examination.
6.3. If the driving ability of the student is insufficient, Rijschool via Breda can decide to refuse the examination or to postpone it.
Article 7. Termination of the teaching contract
7.1. If the agreement is not entered into for a number of lessons, both Rijschool via Breda and the student have the right to terminate the lesson agreement prematurely. A notice period of one month must be observed and this must take place on the first day of a calendar month. This period may be deviated from by mutual agreement. If there is a question of an amount already paid in advance, the student shall in that case be entitled to a refund of any amount paid in advance, after deduction of the examination fee already paid to the competent authority, driving lessons already taken and administration costs. The student is not obliged to take lessons during this notice period, provided that the provisions of Article 3.3 have been met.
7.2. If the agreement was entered into for a fixed number of lessons or a fixed period, the course participant can only terminate it for such urgent reasons that he cannot reasonably be expected to continue it, under the obligation to refund the lesson price for one hour plus the administrative costs. If the amount is paid in advance, then Rijschool via Breda will refund the amount due minus the examination fee paid by him / her plus the already enjoyed driving lessons and administration costs minus any discounts.
7.3. Rijschool via Breda may only terminate the lesson agreement for such urgent reasons that Rijschool via Breda cannot possibly be expected to continue it under the reimbursement to the student of those (lesson) funds for which the driving school has not yet performed.
7.4. The agreement shall be dissolved immediately upon the death of the student.
7.5. Upon termination of the lesson agreement, the student is in all cases entitled to restitution of examination fees paid to Rijschool via Breda in the amount of the rate established by the competent authority, insofar as Rijschool via Breda has not yet paid these funds to that competent authority. Only in the case of examinations booked by name will the right to a refund lapse.
Article 8. Indemnification
Rijschool via Breda indemnifies the student for claims of third parties as a result of collisions or overruns during the driving lessons, as well as during the practical exam unless;
– the student misbehaves to such an extent that, despite intervention by the instructor, the traffic violation or collision occurs;
– the student is under the influence of narcotics, alcohol, or medicines that can influence the ability to drive and this becomes apparent after a violation or a collision;
– the student has been disqualified from driving and has concealed this.
– the student has provided or withheld incorrect information about his or her medical restrictions.
Article 9. Liability
The liability of Rijschool via Breda shall at all times be limited to the amount that is insured and actually covered. Rijschool via Breda is never liable for any indirect costs and/or damage resulting from or related to the lesson agreement.
Article 10. Complaints
A student who has complaints about the agreement, training or services offered, should make them known to the persons concerned on the spot, in order to give them the opportunity to try to resolve the complaints on the spot. If the complaints cannot be solved satisfactorily, the student may submit them in writing to the management of the driving school.
Article 11. Mediation scheme
11.1. If a dispute has arisen between the student and the driving school with respect to the present obligations, then the student may rely on mediation, after the student has first applied to Rijschool via Breda and this has not led to a solution of the dispute.
11.2. The appeal to mediation must be made in writing within a period of four weeks after the dispute arose.
11.3. If mediation takes place, then this does not prevent the driving school or the student from choosing to settle the dispute through the ordinary courts.
Article 12. Applicable law and competent court
12.1. This agreement is governed by Dutch law.
12.2. All disputes arising between the parties in connection with the present agreement and its implementation, shall be submitted exclusively to the competent court in the place of establishment of the driving school.