General conditions

General Terms and Conditions of Rijschool Zomer

Article 1 Definitions

Rijschool Zomer: the driving school, located in Utrecht and registered in the trade register under number 60693541.
Student: the natural person who has entered into a lesson agreement to follow a driving course and/or takes lessons at Rijschool Zomer.
Instructor: the WRM-certified person who provides driving lessons to the student.
Agreement: the lesson agreement between the student and Rijschool Zomer, including a package for a fixed number of lessons.
CBR: The Central Bureau for Driving Skills Foundation, an organization responsible for conducting exams and assessing whether someone is mentally and physically capable of driving a motor vehicle.
Package: the lesson agreement for a fixed number of lessons over a specified period, including or excluding an interim test and/or practical exam.
Driving Lesson: a driving lesson lasting 60 minutes.
Practical Exam: The practical driving test conducted by the CBR.
Interim Test: A mock exam conducted by a CBR examiner.
Conditions: These general terms and conditions.

Article 2 General Provisions

These terms and conditions apply to all services, agreements, driving lessons, interim tests, and/or practical exams.
These terms and conditions also apply if Rijschool Zomer needs to involve third parties in executing the agreements.
The acceptance and retention of an agreement by the student without comments, which references these terms and conditions, constitutes consent to their application.
If one or more provisions of these terms are wholly or partially null or annulled, the agreement and these terms remain in force for the rest, and the provision in question will be replaced by a provision that most closely approximates the intent of the original.
Situations not regulated in these terms should be assessed in the spirit of these terms.
Ambiguities regarding the interpretation or content of one or more provisions of these terms should be interpreted in the spirit of these terms.
If Rijschool Zomer does not consistently enforce strict compliance with these terms, it does not mean these terms no longer apply or that Rijschool Zomer waives its right to demand strict compliance in other cases.
Rijschool Zomer reserves the right to amend or supplement the terms if necessary due to rules and/or legislation.
Deviations from these terms are only possible if agreed upon in writing.

Article 3 Formation of the Agreement

An agreement is concluded by signing the agreement by the student or, if the student is a minor, a legal representative. For a minor student, the agreement can only be signed and entered into by the student’s legal representative(s).
Only after a trial lesson can Rijschool Zomer assess the required number of driving lessons or determine the suitable package for the student.
The content and scope of the agreement are solely determined by the written and signed agreement.
Only written agreements or commitments (including email) are valid. Oral or telephone agreements and commitments do not confer rights to the parties.
If an agreement is made by phone, it is only valid once confirmed in writing by Rijschool Zomer.
Rijschool Zomer reserves the right to refuse an agreement without stating reasons.
All data, information, and documents form part of the agreement unless otherwise agreed by the parties.

Article 4 Obligations of the Student

The student must be at least 16.5 years old to take driving lessons.
During all driving lessons, the student must follow all instructions and/or guidance from the instructor.
If there is a suspicion of alcohol use, drugs, or medication that may affect driving ability, the driving lesson or block lesson will not take place. In such cases, the cost of the lesson or block lesson will still be charged.
Before starting the driving course, the student must provide all relevant information about their medical and/or psychological situation, and the use of medication, alcohol, and/or drugs that may affect the lessons, driving ability, or eligibility.
The student is responsible for having all the necessary documents required for the practical and theoretical exams. Rijschool Zomer is not liable if the student cannot take the practical exam due to missing necessary documents.
If there is a disqualification from driving, the student must inform Rijschool Zomer. Failure to do so releases Rijschool Zomer from any liability.
The student must be present on time at the agreed address.
The student must schedule driving lessons or block lessons via the app in a timely manner. A lesson or block lesson is only final after confirmation in the app by Rijschool Zomer. If a lesson or block lesson is not confirmed in the app by Rijschool Zomer, it is not final.
The student is not allowed to schedule and/or take an interim test or practical exam without the consent of Rijschool Zomer.
Before taking the practical exam, the student must have a valid theory certificate and a valid ID. The student is responsible for obtaining the theory certificate. A practical exam cannot be scheduled without a valid theory certificate.
The student is required to take lessons at least once a week and continue consistently.
The student is solely responsible for timely completion of the theory certificate.

Article 5 Obligations of Rijschool Zomer

The instructor meets the requirements of the Driving Instruction Act (WRM).
All work and agreements are performed by Rijschool Zomer to the best of its ability and understanding. Rijschool Zomer cannot guarantee the achievement of the desired result. There is an obligation of effort, not result.
Rijschool Zomer ensures that a driving lesson or block lesson is fully utilized for instruction.
Rijschool Zomer aims to have driving lessons or block lessons provided by the same instructor as much as possible.

Article 6 Trial Lesson

The purpose of a trial lesson is to provide advice on the required number of driving lessons. Without a trial lesson, Rijschool Zomer cannot provide advice.
A trial lesson costs 50 Euros. If the student subsequently purchases a lesson package, including an exam, the student will receive a discount on the cost of the trial lesson.
The cost of a trial lesson must be paid in advance or directly during the trial lesson.

Article 7 Lesson Packages

The student has the option to purchase a package. Rijschool Zomer offers the following packages:

Basic Package: This package includes 20 driving lessons, one online theory course, online lesson preparation, and one CBR practical exam.
Master Package: This package includes 35 driving lessons, one online theory course, online lesson preparation, one CBR interim test, and one CBR practical exam.
Fast-Track Package: This package includes 25 driving lessons, one online theory course, online lesson preparation, and one CBR practical exam.

The contents of the package are fixed. Additional driving lessons, interim tests, and/or practical exams required will be charged separately in addition to the package price.
A package cannot be canceled.
All packages are valid for a maximum of six months from the date of agreement. This means all lessons in the package, as well as the interim test and/or practical exam, must be completed within this period. If the student does not complete the remaining lessons or take the practical exam or interim test within this period, any unused rights will expire.
A purchased package cannot be modified midway through the term.
If the student does not use the entire package, Rijschool Zomer will not refund or settle the unused portion. Packages must be fully utilized by the student.
Rijschool Zomer does not guarantee that the driving license will be obtained solely with the lessons included in the purchased package.
Packages purchased are not transferable to third parties.
If the instructor believes the student is not ready for the practical exam after the last lesson of the package, the student must purchase additional lessons until the instructor determines they are ready for the exam. This assessment will be substantiated by the results on the student progress card.
If the student is ready for the practical exam without utilizing all lessons in the package, the student is not entitled to a refund and must complete the remaining lessons.
If the student decides to take practical lessons or exams at another driving school after purchasing a package, any remaining balance will be forfeited.
Rijschool Zomer is not responsible for exceeding the number of lessons in the package or for additional lessons required, which must be paid for separately.

Article 8 Cancellation of Driving Lessons & Practical Exams

If a driving lesson or block lesson cannot take place due to the instructor’s illness and/or weather and/or traffic conditions, the student will be informed, and a new lesson or block lesson will be scheduled. The student cannot claim any refund or compensation in such cases.
A driving lesson or block lesson must be canceled by the student at least 48 hours in advance. Cancellations are only accepted by phone and/or email.
If the student does not cancel a driving lesson or block lesson at least 48 hours in advance, the full cost of the lesson or block lesson will be charged. If the student has a package, the canceled lesson or block lesson will be deducted from the package balance.

Article 9 Practical Exam & Driving Lessons

A practical exam can only be requested from the CBR by Rijschool Zomer. The student can only take the practical exam when the instructor deems the student ready, as determined by the student progress card. Participation in the practical exam is only possible if all modules on the progress card have been positively completed. It is solely up to Rijschool Zomer to decide whether to request the practical exam.
If Rijschool Zomer requests a practical exam, the student must have a valid theory certificate, a submitted Health Declaration, and authorized Rijschool Zomer to request the exam. The driving school is not liable for the consequences if the student cannot take the exam due to missing documents.
Rijschool Zomer will only request a practical exam if all payments, including for any interim test and/or practical exam, have been made. If the exam cannot proceed due to the student’s vacation, which was not communicated during the request, all related costs are the student’s responsibility.
In case of a driving ban, the student is obligated to inform Rijschool Zomer. Failure to do so releases the school from liability.
If the CBR, CCV, or BNOR cancels the practical exam due to bad weather, Rijschool Zomer may charge the student for the associated costs.
The student is not required to pay additional costs for rescheduling the practical exam if one of the following situations occurs:

Inability to take the exam due to illness, supported by a doctor’s note provided within seven days of the exam date to Rijschool Zomer and the CBR;
A death within the second degree of relation to the student within four days before or on the day of the exam, supported by a death certificate;
The lesson vehicle or an equivalent type is unavailable for the practical exam;
The lesson vehicle is disapproved by the examiner.

If the practical exam does not proceed because the student is late or absent, or cannot present the required valid documents, the costs for requesting a new exam are entirely the student’s responsibility.
If the CBR postpones the practical exam, Rijschool Zomer reserves the right to charge for additional driving lessons needed to maintain exam readiness.
The outcome of an interim test and/or practical exam is determined by the CBR examiner. Rijschool Zomer has no influence on this outcome.

Article 10 Termination, Cancellation, and/or Rescission of the Agreement

If Rijschool Zomer fails to fulfill its obligations under the agreement and/or these terms, the student has the right to terminate the agreement after granting Rijschool Zomer a reasonable period to comply.
The student can terminate the chosen program only in writing, within two months of the last lesson or block lesson, and only for such urgent reasons that continuing the program cannot reasonably be expected.
Rijschool Zomer may terminate the agreement if:

The student repeatedly fails to follow the instructor’s instructions and/or guidance;
The student takes lessons while under the influence of alcohol, drugs, or medication;
There is a payment arrear;
The student does not or does not fully fulfill their obligations under the agreement or these terms;
Rijschool Zomer becomes aware of circumstances after entering into the agreement that provide reasonable grounds to fear the student will not fulfill their obligations;
The validity period of the lesson package has expired;
Either party passes away;
The student disregards the binding advice regarding whether or not to take the practical exam;
Rijschool Zomer ceases its operations.

If Rijschool Zomer terminates the agreement, the student cannot claim any refund or compensation.
If the student does not make follow-up appointments within two months of the last lesson, and Rijschool Zomer has not heard from the student, Rijschool Zomer is entitled to terminate the agreement without notification and without any refund.
If Rijschool Zomer proceeds to terminate the agreement, all its claims become immediately due and payable.
If Rijschool Zomer suspends the fulfillment of its obligations, it retains its legal and contractual rights.
Once the agreement is concluded, it can no longer be canceled by the student without cost.

Article 11 Invoicing & Payment

Article 12 Prices

Rijschool Zomer explicitly reserves the right to change prices, particularly if necessary due to (statutory) regulations.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In case of typographical or printing errors, Rijschool Zomer is not obliged to deliver according to the incorrect price.
Rijschool Zomer has no influence over price changes by third parties, such as (but not limited to) the CBR.

Article 13 Liability

Any liability of Rijschool Zomer is limited to what is stipulated in these terms.
Rijschool Zomer is insured for liability for damage to third parties and the student.
Liability of Rijschool Zomer is limited to the amount paid by its insurer for the specific incident.
Rijschool Zomer is not liable for damage resulting from the student’s intent or gross negligence, such as using alcohol, drugs, or medication that impairs driving ability, driving without the necessary legal qualification, or failing to follow the instructor’s instructions.
Rijschool Zomer is not liable for fines or other financial consequences if the student is not legally authorized to drive.
Rijschool Zomer is not liable for damage caused by relying on incorrect or incomplete information provided by or on behalf of the student.
Rijschool Zomer is not liable for errors made by third parties (including but not limited to the CBR).
Rijschool Zomer is not liable for modifications to agreements, packages, or services due to technological or legal changes.
Any liability of Rijschool Zomer lapses one year after the incident. Failure to claim within this period results in the forfeiture of all rights to compensation.
Rijschool Zomer is not liable in cases of force majeure.
The limitations of liability in this article do not apply in cases of intent or gross negligence by Rijschool Zomer.

Article 14 Force Majeure

Parties are not obliged to fulfill obligations if they are prevented by circumstances beyond their control and not attributable to them by law, legal action, or generally accepted practices.
Force majeure includes all unforeseen circumstances beyond the parties’ control, such as strikes in the company of Rijschool Zomer or third parties.
Rijschool Zomer has the right to invoke force majeure if the circumstances preventing compliance arise after it was due to fulfill its obligation.
During the force majeure period, Rijschool Zomer may suspend its obligations. If this period exceeds one month, either party may terminate the agreement without compensation. If the agreement is partially executed, Rijschool Zomer may invoice the executed portion separately. The student must pay as if it were a separate agreement.

Article 15 Complaints

Complaints regarding services, agreements, or invoices from Rijschool Zomer must be submitted in writing within three working days. After this period, the services or invoice are deemed accepted, and all related rights lapse.
Rijschool Zomer does not handle complaints regarding advice on whether or not to request a practical exam.
Complaints about the CBR must be submitted to the CBR.
A complaint does not suspend the student’s payment or other obligations unless Rijschool Zomer has acknowledged the complaint in writing as valid.
Rijschool Zomer will address complaints within 14 days. If more time is needed, the student will be informed.
If the complaint is valid, Rijschool Zomer may adjust the invoice, provide services again at no cost, or rectify the issue.

Article 16 Competent Court

All agreements and disputes are governed exclusively by Dutch law, even if the student resides abroad.
The application of the Vienna Sales Convention is excluded.
All disputes will first be resolved amicably. If this fails, disputes will be submitted to the competent Dutch court.