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Terms of service

General Terms and Conditions Driving School VAN DER EIJK


Driving School VAN DER EIJK (hereinafter: Driving School VAN DER EIJK) is registered with the Chamber of Commerce under number 80517684 and is established at Wierumerwei 2 (9143WH) in Nes.


Article 1 - Definitions


1. In these general terms and conditions, the following terms are used with the following meanings, unless expressly stated otherwise.


2. Offer: any offer or quotation from Driving School VAN DER EIJK to the Student.


3. CBR: the Central Bureau for Driving Licenses (CBR) foundation.


4. Services: the offering of theory and driving lessons, the provision of theory material, the rental of a training vehicle for the purpose of the CBR examination, and the application for services from the CBR. 5. Student: the natural person aged at least 16 who is not acting in the exercise of a profession or business and who enters into the Agreement with Driving School VAN DER EIJK. If the Student is younger than 18 years of age, the term Student also includes their parent or legal representative, particularly for payment obligations.


6. Teaching Material: all information, data, and documentation provided by Driving School VAN DER EIJK for the purpose of preparing for exams and tests.


7. Agreement: every Agreement and/or assignment between Student and Driving School VAN DER EIJK, including amendments, follow-up assignments, and additional agreements, as well as proposals from Driving School VAN DER EIJK for Services provided by Driving School VAN DER EIJK to Student and accepted by Student, and which have been approved and executed by Driving School VAN DER EIJK, with which these general terms and conditions form an inseparable whole. 8. Package: combination of the Services (including intensive packages) regarding the provision of theory and driving lessons, theory materials, and/or the application for services from the CBR.


9. Single lesson: a separate driving lesson, plus an administration fee/surcharge.


10. The Examination: practical exams, tests, and/or partial tests administered by the CBR, including the Intermediate Test.


11. Driving School VAN DER EIJK: the service provider offering Services to the Student.


12. Theory exam: the exam regarding theoretical knowledge of driving skills and traffic rules administered by the CBR.


13. Intermediate Test: The Assessment of Skills aimed at gaining insight into current proficiency, administered by the CBR.



Article 2 - Applicability


1. These general terms and conditions apply to every Offer, every Agreement, and all Services offered by Driving School VAN DER EIJK. 2. Before an Agreement is concluded, the Student will be provided with these general terms and conditions. If this is not reasonably possible, Rijschool VAN DER EIJK will indicate to the Student how the Student can view the general terms and conditions.


3. Deviation from these general terms and conditions is not possible. In exceptional situations, deviation from the general terms and conditions is permitted. Deviation is only possible if agreed upon in writing and explicitly.


4. These general terms and conditions also apply to additional, modified, and subsequent assignments from the Student.


5. If one or more provisions of these general terms and conditions are partially or wholly void or are annulled, the remaining provisions of these general terms and conditions shall remain in force, and the void/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.


6. Ambiguities regarding the content, interpretation, or situations not regulated in these general terms and conditions shall be assessed and interpreted in accordance with the spirit of these general terms and conditions. 7. The applicability of Articles 7:404 BW and 7:407 paragraph 2 BW is explicitly excluded.


8. Where reference is made to she/her in these general terms and conditions, this shall also be interpreted as a reference to he/him/his, if and to the extent applicable.


9. Driving School VAN DER EIJK may amend these terms and conditions annually. For ongoing Packages, the agreed price and conditions apply until the end of the Package.



Article 3 - The Offer


1. All offers made by Driving School VAN DER EIJK are without obligation, unless expressly stated otherwise in writing.


2. Driving School VAN DER EIJK is only bound by an Offer if this is confirmed in writing by the Student within 30 days. Driving School VAN DER EIJK may refuse an Agreement with a (potential) Student for valid reasons.


3. The Offer contains a description of the Services offered. This description is indicative and does not provide grounds for compensation or termination of the Agreement.


4. Offers or quotations do not automatically apply to subsequent assignments.


5. Times stated in the Offer from Driving School VAN DER EIJK are in principle indicative and do not entitle the Student to termination or compensation in the event of exceeding them, unless otherwise stated....agreed otherwise.



Article 4 - Formation of the Agreement


1. The Agreement is formed at the moment the Student has accepted an Offer or Agreement from Driving School VAN DER EIJK, in writing, by e-mail, or via WhatsApp.


2. An Agreement may be entered into in the form of a Package or in the form of individual lessons.


3. Driving School VAN DER EIJK is not bound by an Offer if the Student could reasonably have expected, understood, or ought to have understood that the Offer contains an obvious error or clerical mistake. The Student cannot derive any rights from this error or clerical mistake.


4. Any Agreement entered into with Driving School VAN DER EIJK or any project assigned by the Student to Driving School VAN DER EIJK rests with the company and not with an individual person affiliated with Driving School VAN DER EIJK. 5. A Student has the right of withdrawal during the statutory period of 14 days, unless Rijschool VAN DER EIJK has already commenced the Services with the Student's consent. By means of this consent, the Student waives her right of withdrawal.


6. If the Agreement is entered into by multiple Students, each Student is individually and jointly liable for the fulfillment of all obligations arising from the Agreement.


Article 5 - Duration and Cancellation of the Agreement


1. The Agreement is entered into for a fixed term. The duration of the assignment depends partly on external factors, including, but not limited to, the quality and timely delivery of the information that Rijschool VAN DER EIJK receives from the Student, as well as the Student's commitment and/or passing Intermediate Tests, theory and/or practical exams. The Agreement ends at the moment the driving licence has been obtained and/or the Package or individual lesson has ended and been completed. 2. Rijschool VAN DER EIJK may dissolve the Agreement on the grounds of an attributable failure to perform the Agreement if the Student has been given written notice of default and a reasonable period of time to fulfill its obligations, and he still fails to correctly fulfill his obligations thereafter. This also includes payment and cooperation obligations.


3. Premature termination of a Package by the Student does not entitle the Student to a refund, unless agreed otherwise in writing.


4. Purchased Services and Packages must be utilized within 6 months. After this period, the right to use expires without a refund.


5. If bankruptcy has been filed or the relevant company ceases to exist through liquidation, Rijschool VAN DER EIJK is never obliged to refund monies already received and/or pay compensation. 6. Six months after the purchase of the Services or Packages, the right to use already purchased Services or Packages expires if the Student is not (or no longer) actively taking lessons.


Article 6 - Performance of the services


1. Driving School VAN DER EIJK will conduct the lessons with care, but does not guarantee a result or chance of passing.


2. Driving School VAN DER EIJK commences the performance of the Agreement as soon as all necessary information has been provided by the Student upon registration. The Student bears the risk and any potential damage if he/she has not provided the necessary information in a timely manner.


3. The driving lesson will at all times be given by instructors who comply with the provisions of the Motor Vehicle Driving Instruction Act (WRM);


4. For each Student, Driving School VAN DER EIJK will provide driving instruction performed by the same instructor as much as possible. 5. The lessons at Driving School VAN DER EIJK will each be 90 minutes long, unless otherwise agreed.


6. Driving School VAN DER EIJK will periodically, and in any case at least once every 5 lessons, inform the Student about the progress regarding the requirements set for the Practical Examination.


7. Driving School VAN DER EIJK is obliged to submit the application for the Examination to the CBR no later than two weeks after the date on which it was decided in consultation with the Student that the Examination could be applied for and on which the Student has paid the costs of the Examination to Driving School VAN DER EIJK, upon payment of the applicable fees. 8. To the extent reasonably possible, Driving School VAN DER EIJK is obliged to make available to the Student, who applied for the Examination via Driving School VAN DER EIJK, on the date and time for which he/she has been summoned by the CBR to take the Examination, the same training vehicle in which the Student received driving lessons, or at least a training vehicle of the same or equivalent type.


9. The Student is obliged to provide correct information regarding driving entitlement; incorrect information may leadto exclusion and indemnifies the Driving School against all claims and fines.


10. Driving School VAN DER EIJK is insured against liability towards the Student and third parties for coverage of at least € 1,000,000.


11. Driving School VAN DER EIJK will endeavor, as far as possible, to inform the Student that any medical complaints which he/she can reasonably expect to affect their ability to drive a motor vehicle may affect the application and the taking of an examination.


12. In the event of illness and/or absence of the instructor, Driving School VAN DER EIJK will – as far as possible – provide equivalent replacement. If replacement is not possible, Driving School VAN DER EIJK will inform the Student as soon as possible and provide alternative dates on which the relevant driving lesson will still be given and the Student can make up the missed lesson(s). 13. The student is never entitled to compensation (for damages) and/or a refund of monies already paid in the event of an instructor's absence or other force majeure situations. Driving School VAN DER EIJK does not charge extra costs for providing lessons resulting from the illness and/or unavailability of an instructor.


14. If Driving School VAN DER EIJK arranges a replacement instructor, it is not possible to cancel a driving lesson free of charge due to the absence of the original instructor.


15. Driving School VAN DER EIJK never guarantees the outcome of The Examination or the theory exam, the Intermediate Test and/or other tests. Taking lessons does not offer a guarantee of passing.


16. Driving School VAN DER EIJK makes the Teaching Material required for participation in The Examination available in a timely manner, unless the student has not yet fulfilled her payment obligation. 17. Driving lessons generally commence in Leeuwarden and also end in Leeuwarden. Any deviation from this is only possible if agreed upon in writing in advance between Driving School VAN DER EIJK and the Student.


Article 7 - Student Obligations


1. In the event of illness or late arrival by the Student, the (late) absence must be reported to Driving School VAN DER EIJK as soon as possible.


2. The Student must be present on time. Driving School VAN DER EIJK applies a waiting time of 10 minutes from the agreed time. In the event of a no-show or late arrival, the lesson price remains due.


3. A driving lesson can be cancelled free of charge up to 48 hours before the start of the lesson or rescheduled in consultation with Driving School VAN DER EIJK. If a driving lesson is cancelled within 48 hours prior to the start of the lesson, the Student owes the full lesson fee, unless there is a compelling reason, in which case this provision may be deviated from in consultation with Driving School VAN DER EIJK. Driving School VAN DER EIJK determines at all times the validity of any compelling reason.


4. The Student is obliged at all times to follow all instructions given by the instructor during the driving lessons.


5. The Student is obliged to report to Driving School VAN DER EIJK any medical complaints which the Student can reasonably expect to affect their ability to drive a motor vehicle. If the Student fails to comply with this obligation and the Agreement must be cancelled or terminated as a result, all costs shall be borne by the Student.


6. The Student is obliged to be able to show a valid proof of identity during all lessons and, if required, to present a valid theory certificate for the purpose of taking The Examination. 7. In the event of a suspension of the driving licence to operate motor vehicles, the Student must notify Driving School VAN DER EIJK of this in a timely manner. Failure to report this shall never result in liability on the part of Driving School VAN DER EIJK.


8. The Student may be excluded from the lesson in the event that he has tested positive for COVID-19 or related viruses that endanger human health, or has other cold symptoms. The Student is obliged to comply with all measures and/or obligations imposed by the government. If the Student fails to comply with these, the Student must leave the training vehicle. Unless expressly agreed otherwise, the Student is not entitled to a refund of fees already paid or to make up a missed lesson. In the event that the Student's behaviour gives cause for this, Driving School VAN DER EIJK is entitled to cancel or terminate the lesson. Unless expressly agreed otherwise, the Student is not entitled to a refund of fees already paid or to make up a missed lesson. 9. The student will wear appropriate footwear during the lessons. This means that the student will not wear flip-flops.


10. Driving School VAN DER EIJK schedules driving lessons in consultation or based on availability and communicates this plan.ning via e-mail and/or a (lesson) application. It is the Student's responsibility to check these scheduled lessons in a timely manner and verify whether they are suitable.


11. If the Student does not respond (in a timely manner) to the lesson schedule communicated by Driving School VAN DER EIJK, the lesson is deemed to have been accepted and will proceed as scheduled.


12. Failure to check scheduled lessons via e-mail and/or the application used is entirely at the Student's own expense and risk. In the event of a failure to appear for a scheduled lesson, there is no right to a refund or to make up the lesson free of charge.


Article 8 - The Application and Conduct of the Driving Proficiency Examination


1. Unless expressly agreed otherwise in writing with Driving School VAN DER EIJK, the costs of the application for the Examination must be paid simultaneously with the completion of the application. Fourteen days after the date of completion and payment of the application for The Examination, the student is entitled to inspect his/her data in the application file of Driving School VAN DER EIJK, which shows that his/her application for The Examination has been submitted to the CBR.


2. If The Examination cannot take place because the Student does not appear for The Examination (on time) and this is not attributable to Driving School VAN DER EIJK, or because the Student cannot produce the required, valid documents, the costs for applying for a new examination shall be borne by the Student. 3. Driving School VAN DER EIJK is entitled to pass on interim price changes for the theory and practical parts of The Examination and is obliged, at the request of the Student, to provide a written specification of such price change.


4. If the Student is unable to commence The Examination or cannot complete it due to an urgent reason, or if the training vehicle or the CBR instructor is not present, Driving School VAN DER EIJK will arrange for the application for a new examination without additional costs for the Student.


Article 9 - Additional work and modifications


1. If, during the execution of the Agreement, it becomes apparent that the Agreement needs to be adjusted, or if, at the request of the Student, further work is required to achieve the Student's desired result, the Student is obliged to reimburse this additional work according to the agreed rate. Driving School VAN DER EIJK is not obliged to comply with this request and may require the Student to enter into a separate Agreement for this purpose and/or be referred to a competent third party. If the additional work is the result of negligence on the part of Driving School VAN DER EIJK, if Driving School VAN DER EIJK has made an incorrect assessment, or if the relevant work could reasonably have been foreseen, these costs will not be passed on to the Student.


Article 10 - Prices, Payment and Collection Policy


1. In principle, all prices include value added tax (VAT), unless otherwise agreed.


2. Driving School VAN DER EIJK performs its services in accordance with the agreed rate. The costs of the work are calculated based on fixed prices. Driving School VAN DER EIJK may adjust the prices annually in accordance with inflation or changed costs.


3. The Student cannot derive any rights or expectations from a budget provided in advance, unless the parties have expressly agreed otherwise. 4. Driving School VAN DER EIJK is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and to the extent that they are expressly stipulated in the Agreement.


8. The Student must pay these costs in full, without set-off or suspension, within the specified payment term as stated on the invoice, to the account number and details of Driving School VAN DER EIJK made known to her.


9. Costs related to Teaching Material already delivered to the Student or otherwise made available are never eligible for reimbursement and will be charged to the Student upon premature termination of the Agreement.


10. A composite price quotation does not oblige Driving School VAN DER EIJK to deliver a part of the items included in the offer or quotation at a corresponding part of the stated price.


11. Packages are paid in advance, in one lump sum or – if agreed – in two installments. A surcharge applies for payment in installments. 12. If the Student fails to meet her payment obligation and has not fulfilled her obligation within the stipulated payment term of 5 days, the Student will first receive a written reminder with a period of 5 days after the date of the reminder to still fulfill the payment obligation.including a statement of the extrajudicial costs if he/she fails to meet his/her obligations within that period, before he/she becomes in default.


13. From the date that the Student is in default, Rijschool VAN DER EIJK shall be entitled, without further notice of default, to statutory commercial interest from the first day of default until full payment, and reimbursement of extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale set out in the Decree on Reimbursement for Extrajudicial Collection Costs of July 1, 2012.


14. If Rijschool VAN DER EIJK has incurred more or higher costs that are reasonably necessary, these costs shall be eligible for reimbursement. The full judicial and execution costs incurred shall also be for the account of the Student.



Article 11 - Privacy, data processing and security


1. Rijschool VAN DER EIJK handles the (personal) data of the Student with care and will only use it in accordance with applicable standards. If requested to do so, Driving School VAN DER EIJK will inform the person concerned about this.


2. The Student is personally responsible for the processing of data processed using a service provided by Driving School VAN DER EIJK. The Student also guarantees that the content of the data is not unlawful and does not infringe upon any rights of third parties. In this context, the Student indemnifies Driving School VAN DER EIJK against any (legal) claim related to this data or the execution of the Agreement.


3. If Driving School VAN DER EIJK is required to provide information security pursuant to the Agreement, this security shall comply with the agreed specifications and a security level that, taking into account the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.


 


Article 12 - Suspension, Dissolution and Force Majeure


1. Driving School VAN DER EIJK has the right to retain the data, data files, and other items received or created by it if the Student has not yet (fully) met her payment obligations. This right remains in full force if a valid reason arises for Driving School VAN DER EIJK that justifies suspension in that case.


2. Driving School VAN DER EIJK is entitled to suspend the performance of its obligations as soon as the Student is in default with the performance of any obligation arising from the Agreement, including late payment of invoices. The suspension shall be confirmed to the Student in writing immediately.


3. In the event of suspension or dissolution, Driving School VAN DER EIJK is not liable for damages, on whatever grounds, resulting from the suspension or termination of its activities. 4. The suspension or dissolution shall not affect the Student's payment obligations for work already performed. Furthermore, the Student is obliged to compensate Driving School VAN DER EIJK for any financial loss suffered by the company as a result of the Student's default.


5. In the event of force majeure (as described in Article 15), the obligations of Driving School VAN DER EIJK shall be suspended for the duration of the force majeure. If the force majeure lasts longer than 30 days, both parties shall have the right to dissolve the Agreement in writing without either party being liable for damages, except for payments already made for Services already provided. 6. Force majeure on the part of Driving School VAN DER EIJK shall in any event be understood to mean, but is not limited to: (i) force majeure of suppliers of Driving School VAN DER EIJK, (ii) damage to a training vehicle of Driving School VAN DER EIJK as a result of a collision, (iii) defects in software or any third parties involved in the performance of the service, (iv) government measures (as a result of a pandemic or epidemic), (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of Driving School VAN DER EIJK or instructors engaged by it and (vii) other situations which, in the opinion of Driving School VAN DER EIJK, fall outside its sphere of influence and which temporarily or permanently prevent the fulfillment of its obligations.


If, according to the CBR, the Examination cannot take place at the agreed time due to bad weather conditions, Driving School VAN DER EIJK may charge the Student the tuition fee for one driving lesson for the rescheduled examination.


Article 13 - Limitation of Liability and Indemnification


1. If the provision of Services by Driving School VAN DER EIJK leads to liability on the part of Driving School VAN DER EIJK, such liability is limited to the total amount invoiced under the Agreement, but only with respect to the direct damage suffered by the Student. damage unless the damage is the result of intent or recklessness bordering on intent on the part of Driving School VAN DER EIJK. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability, and the method of repair.


2. The extent of the liability of Driving School VAN DER EIJK is further limited to the amount that the liability insurance of Driving School VAN DER EIJK pays out per event per year.


3. Driving School VAN DER EIJK expressly excludes all liability for consequential damage, insofar as a statutory provision does not oppose this.


4. Any advice provided by Driving School VAN DER EIJK based on incomplete and/or incorrect information provided by the Student shall never be grounds for liability of Driving School VAN DER EIJK.


5. The content of the advice provided by Driving School VAN DER EIJK is binding and must be followed by the Student. The Student is obliged to comply with the instructions, proposals, and advice given by Driving School VAN DER EIJK. Deviation from this is permitted only after prior written consent from Driving School VAN DER EIJK. Any consequences of failure to follow the binding advice of Driving School VAN DER EIJK shall be entirely at the expense and risk of the Student. Refunds or compensation are excluded in such cases.


6. Driving School VAN DER EIJK does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Driving School VAN DER EIJK, nor their timely receipt.


7. All claims by the Student due to shortcomings on the part of Driving School VAN DER EIJK shall lapse if they are not reported to Driving School VAN DER EIJK in writing and with justification within one month after the Student was aware or could reasonably have been aware of the facts on which she bases her claims. The liability of Rijschool VAN DER EIJK lapses six months after the termination of the Agreement between the parties.


8. The Student is personally responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in whatever form, that she provides to Rijschool VAN DER EIJK within the framework of an Agreement, as well as for the data she has obtained from third parties and which have been provided to Rijschool VAN DER EIJK for the purpose of performing the Service.


9. The Student indemnifies Rijschool VAN DER EIJK against any liability arising from the failure to comply, or failure to comply in a timely manner, with the obligations regarding the timely provision of all accurate, reliable, and complete data, information, documents, and/or records.


10. Rijschool VAN DER EIJK indemnifies the Student against claims from third parties resulting from damage caused by a collision or an accident during the driving lesson and The Examination, unless there is intent or gross negligence on the part of the Student. This also includes the situation in which the Student has used a substance or medicine of which she knows or reasonably ought to have known that the use thereof may impair driving ability, as a result of which the Student is unable or less able to drive the vehicle, or is deemed to be so.


11. If the Student provides electronic files, software, or data carriers to Driving School VAN DER EIJK, the Student guarantees that these are free of viruses and defects.


Article 14 - Complaints


1. If the Student is not satisfied with the service of Driving School VAN DER EIJK or otherwise has complaints regarding the execution of his assignment, the Student is obliged to report these complaints as soon as possible, but no later than within 7 calendar days after the relevant event that led to the complaint. Complaints may be reported verbally or in writing with the subject line “Complaint”.


2. The complaint must be sufficiently substantiated and/or explained by the Student in order for Driving School VAN DER EIJK to be able to process the complaint. 3. Driving School VAN DER EIJK will respond substantively to the complaint as soon as possible, but no later than within 20 calendar days after receipt of the complaint.


4. The parties will attempt to reach a solution jointly.



Article 15 - Applicable Law


1. The legal relationship between Driving School VAN DER EIJK and the Student is governed by Dutch law.


2. Driving School VAN DER EIJK has the right to amend these general terms and conditions and will notify the Student thereof.


3. All disputes arising from or in connection with the Agreement between Driving School VAN DER EIJK and the Student shall be settled by the competent court of the District Court of Northern Netherlands, unless provisions of mandatory law designate another competent court.



Nes, January 1, 2024


Driving School VAN DER EIJK