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General terms and conditions

Terms and Conditions

These General Terms and Conditions of BOVAG Driving Schools have been drawn up in consultation with the Consumers' Association and the ANWB within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and will come into effect on 1 November 2006. The CZ would appreciate it if this were mentioned when quoting from these General Terms and Conditions. These General Terms and Conditions form part of all agreements concluded between driving schools that are members of BOVAG Driving Schools and their students. The lesson agreement specifies the details of what the driving school and the student have agreed upon. This agreement includes a choice of theory training and/or standard practical training and/or a practical training package and/or driver training and/or other training. The General Terms and Conditions for Lessons form part of the lesson agreement. The lesson agreement will be entered into in writing.

 

Article 1 – Obligations of the driving school

The driving school is obliged to ensure:

  1. that lessons are given by instructors who comply with the provisions of the Motor Vehicle Driving Instruction Act (WRM);

  2. that the student receives driving lessons from the same instructor as much as possible;

  3. that it periodically, and in any case once every five lessons, provides the student with information about the student's progress and progress in relation to the exam requirements;

  4. that the application for the driving test (hereinafter: the test) is actually submitted by the driving school – subject to payment of the applicable fees and submission of the necessary documents – to, or entered into the application file of, the Central Bureau for Driving Proficiency (CBR), the Contact Committee for Driver Competence (CCV) or the Bureau for Further Driving Proficiency Assessment (BNOR), no later than two weeks after the date on which it was decided in consultation with the student that the driving proficiency assessment could be requested and on which the student paid the costs of the assessment to the driving school;

  5. that the student who has applied for the examination through the driving school has access to the same training vehicle in which he/she received driving lessons, or at least a training vehicle of the same or equivalent type, on the date and time for which he/she has been summoned by the CBR, the CCV, or the BNOR to take the examination;

  6. that the duration of the driving lesson to be given, as agreed in the lesson agreement, is fully utilised for giving driving lessons, including the pre- and post-lesson discussions;

  7. that insurance has been taken out, which in any case provides cover of €1,134,450.50 against the driving school's liability towards the student;

  8. to inform the student that any medical complaints which he/she can reasonably expect to affect his/her ability to drive a motor vehicle may affect the application and the examination;

  9. inform the student that the right to hold a driving licence is determined on the basis of their residence status;

  10. inform the student that, as soon as their right to drive motor vehicles is revoked, they must report this to the driving school.

 

Article 2 – Student obligations

The student is obliged to:

  1. adhere to the date, time and place for the driving lesson as specified in writing by the driving school on the lesson appointment card (the driving school will allow a waiting time of 15 minutes) and, in the event of failure to appear at the agreed lesson time without timely cancellation, pay the full lesson price;

  2. pay the full lesson price if the driving lesson is cancelled within 48 hours of the agreed time. Saturdays, Sundays and public holidays are not included in this 48-hour period. Cancellations must be made during the driving school's office hours and must be made in person at the driving school's office or by telephone. A lesson cancelled too late will not be charged if the cancellation is due to an urgent reason, which is understood to mean a serious accident, serious illness or death of the student, as well as a serious accident, serious illness of family members in the 1st and 2nd degree or death of a family member in the 1st and 2nd degree. Housemates who are registered at the same address as the student in the population register are treated as first- and second-degree relatives.

  3. Follow all instructions given by the driving instructor during driving lessons.

  4. comply with the lesson schedule agreed with the driving school, such as the lesson components to be learned and the number of driving lessons to be taken per week, until the date of each examination;

  5. present valid identification and, if required, a valid theory certificate (or valid replacement document) during a driving test (theory test, interim test or other partial test, driving test and further examination);

  6. to discuss any medical complaints that he/she can reasonably expect to affect his/her ability to drive a motor vehicle with the examination office in good time before starting the driving course. 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 for this;

  7. to ensure that, if required, he/she can obtain an extract from the population register, which is necessary for taking the examination. The driving school cannot be held liable if the student is unable to take the examination due to the absence of the aforementioned extract;

  8. to report if they have been disqualified from driving motor vehicles. If the student fails to report this, the driving school cannot be held liable.

 

Article 3 – Payment

  1. The driving school is entitled to charge a registration fee/administration costs. The student must pay these costs in cash before the start of the first lesson.

  2. Unless expressly agreed otherwise in writing, payment of the tuition fees and costs associated with the individual or group theory lessons must be made in cash for each driving lesson or theory lesson. The costs of the necessary textbooks and other teaching materials for the practical and/or theory lessons must be paid in cash upon delivery of those items, unless otherwise agreed in writing.

  3. In the case of a package course, payment must be made no later than two weeks before the start of the first driving lesson. If this is not complied with, the driving school is entitled to remove all appointments from the schedule, while the payment obligation remains in force.

  4. The driving school is entitled to increase the lesson price during the term of the lesson agreement. This does not apply in the case of a package price, with the exception of an increase in examination fees determined by the minister in the interim. In that case, the student has the right to terminate the lesson agreement in writing, which right he may exercise up to two weeks after becoming aware of the price increase.

  5. If payment is to be made in cash and this payment is not made, the student will receive an invoice 14 days after the arrears or 2 lessons after the arrears occurred. The driving school is entitled to increase the amount of the arrears by administration costs.

  6. If the student has not paid 7 days after the deadline mentioned in the previous paragraph, the driving school may give the student written notice of default, after which he will be in default after 7 days. In that case, interest will be charged on the outstanding amount. The interest rate is the statutory interest rate. The remaining part of the month from the moment on which payment should have been made will be regarded as a full month.

  7. This increase in the amount due is considered a condition under which the driving school has granted a deferment of payment, without this cancelling the student's obligation to pay in cash or to pay at the agreed time.

  8. If the student remains in default of payment of the amount due, the driving school may refer the claim to a third party for collection. In that case, the driving school is entitled to increase the amount due by collection costs. These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are all costs charged to the driving school by solicitors, attorneys, bailiffs and anyone else whom the driving school uses to collect the amount due. The extrajudicial costs are set at a minimum of 15% of the amount owed, unless the student can demonstrate that the driving school has suffered less damage.

  9. If the student remains in default of payment of the amount due, the driving school is entitled to terminate the agreement if the student has been given written notice of default and is in default after the expiry of the period specified in the notice of default. This period must be reasonable. The driving school must notify the student of the termination in writing.

 

Article 4 – Additional conditions regarding packages/intensive courses

  1. If payment is late, the exam guarantee will lapse.

  2. If the candidate does not take the mock exam/interim test, the exam guarantee will lapse.

  3. It is the candidate's responsibility to obtain the theory certificate in good time. Any consequences of not obtaining the theory certificate in good time will be borne by the candidate.

  4. The right to driving lessons, theory course, mock exam/interim test, practical exam and resit expires 12 months after the start of the relevant training.

  5. If the candidate does not adhere to the planned lesson schedule, the right to take the examination and the examination guarantee will lapse.

 

Article 5 – Application for a driving proficiency test (practical examination, interim test or other partial test), hereinafter referred to as: the test

  1. Unless expressly agreed otherwise in writing, the costs of or for the application for the assessment must be paid in cash to the driving school at the same time as the application and the self-declaration (or the provision of the latter) are completed.

  2. Fourteen days after the date of completion and payment of the application for the test, the student is entitled to inspect his/her data in the driving school's application file, which shows that his/her application for the test has been submitted to the CBR, the CCV or the BNOR.

  3. If the examination does not take place because the student does not show up for the examination or shows up too late and this is not attributable to the driving school, or because the student cannot present the required valid documents, the costs for applying for a new examination will be borne by the student.

  4. If the examination does not take place due to the student's holiday and the holiday period was specified when applying for the examination at the driving school, the costs for applying for a new examination will be borne by the driving school.

  5. After verbal or written notification, the driving school is entitled to pass on interim price changes for the theory and practical parts of the examination and is obliged to provide a written specification of that price change at the student's request. This does not apply in the case of a package price, with the exception of an interim increase in examination fees determined by the Minister.

 

Article 6 – Driving test

  1. If the CBR, CCV or BNOR cancels the test at the agreed time due to bad weather conditions, the driving school may charge the student the tuition fee for one driving lesson for the rescheduled test.

  2. If the student is unable to start or complete the test due to the fact that: a. there is an urgent reason as referred to in Article 2, paragraph 2; b. the training vehicle with which the test is to be taken is not available and no training vehicle of the same or equivalent type is available; c. the training vehicle in which the examination is to be taken is rejected by the CBR or CCV examiner or the BNOR expert and no replacement training vehicle of the same or equivalent type is available; the driving school will ensure that a new examination is requested for the student, if the student so wishes. The driving school guarantees that the application for the test will be made at no cost to the student.

  3. In the cases referred to in the second paragraph, the driving school also guarantees that the student will receive three free driving lessons if he/she wishes to reapply for the test. This does not apply if it concerns a new application for an interim test or other interim partial tests.

 

Article 7 – Termination of the lesson agreement

If the lesson agreement has not been entered into for a fixed number of lessons or for a fixed period, the lesson agreement may be terminated by both the student and the driving school with one month's notice, effective on the first day of a calendar month.

  1. If an amount has already been paid in advance, the student is entitled to a refund of any amount paid in advance, less the examination fees already paid to the CBR, CCV or BNOR, driving lessons already taken and administration costs. The student is not obliged to attend lessons during this notice period, provided that the provisions of Article 2, paragraph 2, are complied with.

  2. If the lesson agreement has been entered into for a fixed number of lessons or for a fixed agreed period (e.g. a package course), the student may only terminate the lesson agreement if there are urgent reasons as referred to in Article 2, paragraph 2. In the event of termination for urgent reasons, the student is obliged to pay the price for the lessons already taken, plus the price of one lesson hour, as well as the administration costs and the examination fees already paid by the driving school (CBR, CCV or BNOR part). If an amount has already been paid in advance, the student is entitled to a refund of any amount paid in advance, less the examination fees already paid to the CBR, CCV or BNOR, driving lessons already taken, compensation for the price of one lesson hour and administrative costs. The driving lessons already taken will be valued at the price of a single driving lesson applicable at that time.

  3. The driving school may terminate the lesson agreement, entered into for a fixed number of lessons or for a fixed period, only for reasons so urgent that the driving school cannot reasonably be expected to continue it, subject to reimbursement to the student of those (lesson) fees for which the driving school has not yet provided services, without prejudice to the possibility for the student to turn to the mediation agency referred to in Article 7 of this agreement.

  4. Upon termination of the lesson agreement, the student is in all cases entitled to a refund of the examination fees paid to the driving school in the amount of the rate set by the CBR, the CCV or the BNOR, insofar as the driving school has not yet paid these fees to the CBR, the CCV or the BNOR.

  5. The first driving lesson is considered a no-obligation trial lesson – at the standard lesson rate – with the instructor who will be giving the lessons. If, after this lesson, the student does not wish to take any further driving lessons at the driving school, the student shall inform the driving school of their decision by letter/fax/email within five working days or, in any case, before the next driving lesson.

 

Article 8 – Mediation and Dispute Resolution

  1. Mediation a. If disputes arise between the student and the driving school regarding the obligations referred to in Articles 1 to 6 of these terms and conditions, the student may request mediation. b. Mediation will be provided by the BOVAG Mediation Agency, PO Box 1100, 3980 DC in Bunnik, tel. no. 0900-2692268 (35 euro cents per minute), after the student has first contacted the driving school and this has not led to a resolution of the dispute. This agency will mediate in the dispute and attempt to resolve it amicably in accordance with rules that will be communicated to the parties to the dispute in advance. c. The request for mediation must be made in writing or by telephone within two weeks of the dispute arising. d. If, in the opinion of the student, mediation does not lead to a satisfactory solution or if the driving school does not follow the solution to the dispute recommended during mediation, the dispute may, without prejudice to the jurisdiction of the civil court, be submitted to binding arbitration for both parties at the written request of the student.

  2. Dispute resolution a. If the mediation attempt referred to in paragraph 1 has not been successful, or if the student does not prefer mediation, the student may, in the event of disputes between him/her and the driving school concerning the obligations referred to in Articles 1 to m 6 of the obligations referred to in these terms and conditions, the student may submit the dispute to the Driving Instruction Disputes Committee of the Disputes Committee Foundation, p/a PO Box 90600, 2509 LP in The Hague (visiting address Bordewijklaan 46, 2591 XR in The Hague). b. In the event that mediation by the BOVAG mediation agency has taken place, the student must refer the dispute to the Disputes Committee within six weeks of receiving notification that the mediation has been unsuccessful. If no mediation has taken place through the BOVAG mediation agency, the student must submit the dispute to the Disputes Committee no later than three months after it has arisen. c. The Driving School Disputes Committee will issue a ruling in accordance with the provisions of the applicable regulations by way of binding advice. The regulations will be sent on request. A fee is payable for the handling of a dispute. d. The student is liable to pay a fee for the handling of the dispute by the Disputes Committee. e. A ruling by the Driving School Disputes Committee will not be legally contestable if more than two months have passed since it was sent and no appeal has been lodged with the ordinary court. The BOVAG guarantee concerns an amount of up to €454 to be paid by BOVAG against assignment of the student's claim. For amounts exceeding €454 per dispute, BOVAG will pay the maximum amount of €454 to the student under the same conditions. For the excess amount, the student will be offered the opportunity to assign his claim to BOVAG, after which BOVAG will, if necessary, seek payment in court. f. The guarantee referred to under e does not apply if a court overturns the binding opinion. In the event of bankruptcy, suspension of payments or cessation of business of the driving school, BOVAG will only pay an amount up to a maximum of €454 per dispute and the guarantee will only apply if the student has brought the dispute before the Driving Instruction Disputes Committee before such a situation arises. g. Mediation that has taken place does not preclude recourse to dispute resolution by the ordinary court. However, if the student has submitted the case to the Driving Instruction Disputes Committee, the parties only have the option of submitting the decision of the Disputes Committee to the ordinary court for marginal review, unless the Disputes Committee has declared itself incompetent or inadmissible.

 

Article 9 – Indemnification

  1. The driving school indemnifies the student for costs arising from offences committed under its supervision, as well as for claims from third parties as a result of collisions, collisions or accidents during driving lessons or during the examination, with the exception of incidents resulting from intent and/or gross negligence on the part of the student, as well as the use by the student of alcohol, narcotics or medicines that may affect driving ability.

  2. If, despite his/her statement that he/she has not been disqualified from driving motor vehicles by court order and his/her driving licence has not been revoked, and if the statement is incorrect, the student fully indemnifies the driving school and will, if necessary, reimburse any fines imposed in full, as well as bear all other financial consequences in full.

 

Article 10 – Personal data

  1. The learner's personal data stated on the lesson agreement will be processed by the driving school, possibly within the meaning of the Personal Data Protection Act (Wbp). On the basis of this processing, the driving school can: execute the agreement, provide the student with optimal service and fulfil its obligations towards the student, provide him with up-to-date driving lesson information in a timely manner and make him personalised offers. In addition, the personal data may be made available to third parties for direct marketing activities. Any objection lodged by the student with the driving school against the processing of personal data within the meaning of the Wbp for the purpose of direct mailing activities will be honoured.

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