TERMS
This is a translation provided for your convenience. In the event of any discrepancy, the Dutch version prevails.
General Terms and Conditions of Autorijschool Krijtland V.O.F.
General
These General Terms and Conditions apply to the provision of category B driving training, the related activities of Autorijschool Krijtland V.O.F. (Chamber of Commerce number: 95101667), hereinafter ’the Driving School’, and the practical exams (including the interim test) of the CBR. They apply to all offers, agreements and lessons of the Driving School.
Driving lessons are given:
- with a duration of at least 60 minutes;
- to students who are authorised to drive.
In these terms, ‘student’ also means the legal representative where the student is under 18. Where ‘in writing’ is used, e-mail or another digital form is also meant, unless expressly stated otherwise.
Article 1. Obligations of the Driving School
The Driving School ensures that:
1.1 the lesson is given by an instructor who meets the requirements of the Dutch Driving Instruction Act (Wet rijonderricht motorrijtuigen, WRM) and holds the legally required, valid instructor authorisation.
1.2 the student is offered a suitable driving course.
1.3 the student is informed periodically, and in any case once every five lessons, about their progress in relation to the exam requirements.
1.4 the application for the driving assessment (hereinafter: the test) is actually submitted to the CBR or BNOR no later than 2 weeks after it has been decided, in consultation with the student, that the test can be applied for and the student has paid the costs of the test to the Driving School. The Driving School pays the applicable fees and submits the required documents.
1.5 on the date and at the time for which the student has been called up by the CBR or BNOR for the test, the student has the use of the same lesson vehicle in which the driving lessons were given, or at least a lesson vehicle of the same or an equivalent type.
1.6 insurance has been taken out that provides cover of at least € 1,000,000 against the Driving School’s liability towards the student.
1.7 the student is made aware that medical and/or psychological conditions, the use of medication, alcohol or drugs, or the use of other narcotic substances, which the student can reasonably expect to affect their authorisation to drive a motor vehicle, may affect the application for and taking of a test.
1.8 the student is made aware that their residence status determines whether a driving licence can be issued.
1.9 the student is made aware that they must report to the Driving School immediately if they have been disqualified from driving motor vehicles.
Article 2. Obligations of the student
The student is obliged:
2.1 to keep to the date, time and place of the driving lesson as recorded on the lesson appointment card or in the Driving School’s digital calendar/app. The instructor observes a waiting time of a maximum of 15 minutes from the start of the lesson. If the student does not show up without timely cancellation (at least 48 hours before the start of the lesson), the full lesson price is due.
2.2 if prevented from attending, to notify the Driving School at least 48 hours before the start of the lesson. If the cancellation is not made in time, the full lesson price is due.
2.3 A lesson cancelled too late is not charged if there is an urgent reason. Urgent reasons are, for example: a serious accident, a serious illness, or the death of the student or of a close family member in the 1st or 2nd degree. The following are not urgent reasons: a funeral (which is usually known a few days in advance), ordinary illness, a planned hospital admission that was not reported in time, and holidays.
2.4 to follow all instructions of the driving instructor during the driving lessons.
2.5 to present a valid proof of identity and, if required, a valid theory certificate at a driving assessment (theory exam, interim test or other partial test, practical exam and Further Assessment).
2.6 to coordinate in good time with the CBR, before the driving course begins, any medical and/or psychological conditions, use of medication, alcohol or drugs, or use of other narcotic substances which the student can reasonably expect to affect their authorisation to drive a motor vehicle. The student does not have to provide any medical data or diagnoses to the Driving School for this; it is sufficient to state that coordination with the CBR has taken place. If the student fails to do so and the driving course has to be interrupted or discontinued as a result, the Driving School cannot be held liable. The Driving School then has the right to terminate the lesson agreement with immediate effect, without refund of lesson and/or exam fees already paid.
2.7 to report immediately any disqualification from driving a motor vehicle. If the student fails to do so, the Driving School cannot be held liable and may terminate the lesson agreement.
2.8 to be authorised to drive.
2.9 to always carry a valid proof of identity during the lessons.
Article 3. Payment
3.1 The Driving School is entitled to charge a registration fee or administration costs. These are communicated to the student in advance.
3.2 Unless otherwise agreed in writing, the lesson fee is paid immediately per driving lesson, preferably by debit card, payment request or bank transfer. The costs of necessary textbooks and other teaching materials for practical and/or theory lessons are paid upon delivery of those items, unless otherwise agreed in writing.
3.3 In the event of late payment (always before the start of the practical lessons), the Driving School is entitled to stop the driving lessons and the booking of the exam. The Driving School informs the student of this in writing within 5 working days of establishing the non-payment.
3.4 Invoices are paid within 14 days of the invoice date, unless otherwise agreed. If payment is not made, the student receives a written reminder with a period of at least 14 days to pay nonetheless. After this period has expired, the student is in default and statutory interest and statutory collection costs may be charged.
3.5 The Driving School is entitled to increase the lesson price during the term of a lesson agreement, no earlier than 3 months after the agreement was concluded and with written notice. For individual lessons, the student has the right to terminate the lesson agreement in writing up to 2 weeks after being informed of the price increase. With a package price, the Driving School may not increase the lesson price, except for an interim increase in exam fees set by the Minister. With a package price, the student has no right to terminate because of a price increase.
3.6 If the student has purchased and fully paid for a package and obtains their driving licence while the package has not yet been fully used, the excess lesson fees paid will be refunded.
Article 4. Application for the driving assessment
Practical exam and interim test (hereinafter: TTT), hereinafter referred to as: the test.
4.1 If the student does not show up, or shows up late, for the exam for reasons attributable to the student, the student must still pay the costs of the exam.
4.2 If the practical exam/TTT is postponed, the student does not owe any costs for a new application if they are unable to take the first practical exam/TTT because:
4.2.1 the student is unable to take the (mock) exam due to illness, provided that they notify the Driving School of this with a doctor’s certificate no later than 8 days before the (mock) exam date;
4.2.2 a family member up to and including the second degree of the student or of the driving instructor has died within 5 days before the practical exam/TTT, or is buried or cremated on the day of the (mock) exam;
4.2.3 the lesson vehicle or an equivalent type is not available for the (mock) practical exam or is rejected by the examiner;
4.2.4 the driving exam does not go ahead because of bad weather, for example due to freezing rain or snow. In that case the Driving School may charge the student the cost of 1 driving lesson.
4.3 If an exam is cancelled for an urgent, valid reason, the CBR charges administration costs. These costs are for the student’s account.
4.4 The student is responsible for having the correct documents required for the theory exam, practical exam or the TTT (such as the theory certificate and a valid proof of identity). If the student does not have the required documents, they bear the costs of a new exam themselves.
Article 5. Termination of the lesson agreement
5.1 If the lesson agreement has not been entered into for a fixed number of lessons or for a fixed period, both the student and the Driving School may terminate the agreement with a notice period of 1 month, effective on the 1st day of a calendar month. If an amount has been paid in advance, the student is entitled to a refund of it, less the exam fees already paid to the CBR, the driving lessons already taken and administration costs with a minimum of € 50. The student is not obliged to take lessons during the notice period, provided that Article 2.2 has been complied with.
5.2 If the lesson agreement has been entered into for a fixed number of lessons or a fixed period (for example a lesson package), the student may terminate the agreement for urgent reasons as referred to in Article 2.3, including the death of a close family member in the 1st or 2nd degree, and in other serious circumstances in which the student cannot reasonably be expected to continue the agreement. If an amount has been paid in advance, the student is entitled to a refund of it, less the exam fees already paid to the CBR, the driving lessons already taken and administration costs with a minimum of € 50.
5.3 If, for reasons other than medical ones, the student wishes to terminate a lesson agreement consisting of one or more packages, or a complete driving course, this is done in good consultation with the Driving School. If the student and the Driving School cannot reach agreement, the dispute may be submitted in accordance with Article 6.
5.4 The Driving School may dissolve any lesson agreement if it has reasonable grounds to suspect that:
5.4.1 the student has deliberately provided no or incorrect information (see Articles 2.6, 2.8 and 2.9);
5.4.2 the student is deliberately not cooperating with the progress of the lessons.
5.5 The Driving School may also decide to stop giving lessons. This is only possible for a reason on which the Driving School cannot reasonably be expected to continue giving lessons. The Driving School must then make clear why it is stopping. If the student has already paid for lessons in advance, the Driving School refunds the lessons not yet taken.
Article 6. Right of withdrawal
6.1 If the lesson agreement is concluded at a distance (for example via the website, e-mail or telephone) or outside the Driving School’s business premises, a student acting as a consumer has the right to withdraw from the agreement within 14 days of its conclusion without giving any reason.
6.2 If, at their own request, the student has already taken lessons within this period, they pay a proportionate part of the price for the lessons already taken. The remainder is refunded within 14 days of the withdrawal.
6.3 Before the agreement is concluded, the Driving School provides the student with the legally required information about the right of withdrawal, including a model withdrawal form.
Article 7. Complaints and disputes procedure
7.1 Dutch law applies to the lesson agreement between the Driving School and the student.
7.2 The student can submit complaints about the service in writing to the Driving School. The Driving School answers a complaint within 14 days of receipt with a substantive response or a message stating when the student can expect a substantive response.
7.3 If the student and the Driving School cannot reach agreement, the dispute may, at the written request of the student, be submitted to the driving training disputes committee (geschillencommissie rijopleidingen). A request for mediation or dispute resolution must be made in writing within 12 months after the student submitted the complaint to the Driving School.
7.4 A ruling of a disputes committee is binding on the student only after they have had the opportunity, for at least one month after the dispute arose, to choose to have the dispute heard by the competent court. The jurisdiction of the civil court remains unaffected.
Article 8. Indemnification
8.1 The Driving School indemnifies the student against costs arising from offences committed by them under the supervision of the instructor, and against third-party claims resulting from collision or running into or over something during the driving lesson and during the test. This does not apply to incidents resulting from intent and/or gross negligence on the part of the student, nor in the case of the use of alcohol, drugs, medication or other narcotic substances that may affect driving ability. In that case the liability lies entirely with the student.
8.2 If the student has declared that they have not been disqualified from driving motor vehicles by court order and that their driving licence has not been confiscated, and this declaration turns out to be incorrect, the student fully indemnifies the Driving School. The student then reimburses any fines imposed and assumes all other financial consequences.
Article 9. Privacy and personal data
The Driving School handles personal data with care and complies with the General Data Protection Regulation (GDPR; in Dutch: AVG). A more detailed explanation is given in the privacy statement on autorijschoolkrijtland.nl, which you can also receive on request.
9.1 Data controller. Autorijschool Krijtland V.O.F., Benedictijnenstraat 15, Vijlen, info@autorijschoolkrijtland.nl is responsible for the processing of your personal data.
9.2 Which data. The Driving School processes the data that you provide yourself or that is needed for the training: name, address, contact details, date of birth, details of your proof of identity, lesson planning, progress and payment data and, insofar as legally required for applying for an exam at the CBR, your citizen service number (BSN). The Driving School does not ask for medical data; see Article 2.6. A copy of your proof of identity is only made if this is legally required.
9.3 Purposes and legal bases. The Driving School processes your data for:
- performing the lesson agreement, including planning lessons, applying for exams and informing you about your progress (legal basis: performance of the agreement);
- keeping financial records and complying with tax and other legal obligations (legal basis: legal obligation);
- sending information and offers about its own similar services by e-mail or message, from which you can unsubscribe at any time (legal basis: legitimate interest, or your consent);
- all other purposes, for example publishing photos or visual material, exclusively with your express consent (legal basis: consent).
9.4 Sharing with third parties. The Driving School only shares your data with parties that need it, such as the CBR, the instructor and IT or administration service providers (processors) with whom a processing agreement has been concluded. The Driving School does not sell or provide your data to third parties for their own direct marketing purposes. Your data is not processed outside the European Economic Area, unless an appropriate safeguard is in place.
9.5 Retention periods. The Driving School does not keep data longer than necessary. Financial data is kept for 7 years (statutory tax retention obligation). Other student data is deleted or anonymised 5 years after termination of the lesson agreement or after obtaining the driving licence, unless a legal obligation requires a longer period.
9.6 Your rights. You have the right to access, rectification, erasure, restriction of processing and portability of your data. You can object to processing based on legitimate interest. You can always object to direct marketing; the Driving School will then stop immediately. If you have given consent, you can withdraw it at any time, without affecting the lawfulness of the processing up to that moment. You can submit your request via info@autorijschoolkrijtland.nl. The Driving School responds within one month.
9.7 Security and data breaches. The Driving School takes appropriate technical and organisational measures to secure your data. In the event of a data breach that poses a risk to your rights and freedoms, the Driving School reports this to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) within 72 hours and, where required, to you as well.
9.8 Complaints. If you have a complaint about the processing of your data, please contact the Driving School first. You can also file a complaint with the Dutch Data Protection Authority (autoriteitpersoonsgegevens.nl).
Article 10. Final provisions
10.1 The Driving School may amend these terms. An amendment applies to existing lesson agreements only after the student has been informed in writing, and never to the student’s detriment if that is contrary to the law.
10.2 If a provision of these terms is void or voidable, the other provisions remain fully in force. The parties then replace the provision with a valid provision that has as nearly as possible the same purport.
10.3 These terms can be viewed on the Driving School’s website and are provided to the student, on paper or digitally, before the lesson agreement is concluded.