General conditions

Article 1 Definitions

Rijschool Zomer: the driving school, located at Gageldijk 2, C-13, 3602 AL Maarssen, with email address info@rijschoolzomer.nl, website www.rijschoolzomer.nl, and registered in the Trade Register under number 60693541.
Student: the natural person who has concluded a lesson agreement to follow a driver training course and/or takes driving lessons at Rijschool Zomer.
Instructor: the WRM-certified person who provides the student with driving lessons.
Agreement: the lesson agreement between the student and Rijschool Zomer, including a package for a fixed number of lessons. Agreements are concluded exclusively digitally, via the Rijschool Zomer website. The Rijschool Zomer website is set up in such a way that a student is guided through the necessary steps to enter into the agreement and must tick checkboxes at each interim step, so that a student can never accidentally enter into an agreement with Rijschool Zomer.
CBR: the Central Office for Motor Vehicle Driver Testing (Stichting Centraal Bureau Rijvaardigheidsbewijzen), an organization responsible for administering exams and assessing whether someone is mentally and physically capable of operating a motor vehicle.
Package: the lesson agreement for a fixed number of lessons during a specific period, including or excluding an interim test and/or practical exam.
Driving lesson: a 45-minute driving lesson, to be given in double blocks (therefore a total of ninety minutes per session).
Practical exam: the practical driving skills test conducted by the CBR.
Interim Test: a mock exam administered by a CBR examiner.
Conditions: these general terms and conditions.
Checkbox: a small box included on a website that a student must click to make a choice, such as agreeing to the general terms and conditions.

Article 2 General provisions

These conditions apply to all services, agreements, driving lessons, interim tests, and/or practical exams.
These conditions are stated on the Rijschool Zomer website and can be saved to the student’s digital media. In addition, the existence and use of these conditions by Rijschool Zomer are disclosed to the student by means of checkboxes on the Rijschool Zomer website.
These conditions also apply if Rijschool Zomer must involve third parties for the performance of the agreements.
The student can only enter into an agreement with Rijschool Zomer after ticking a checkbox by which the student explicitly agrees to the conditions. In that case, the student does retain the right to provide counter-evidence. For agreements concluded digitally, a student must always tick the checkbox to indicate agreement, because without ticking that box no agreement is concluded.
If one or more provisions in these conditions are wholly or partially void or annulled, the agreement and these conditions shall otherwise remain in force and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.
Situations not provided for in these conditions must be assessed “in the spirit” of these conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted “in the spirit” of these conditions.
If Rijschool Zomer does not always require strict compliance with these conditions, this does not mean that these conditions do not apply, nor that Rijschool Zomer loses the right to demand strict compliance with these conditions in other cases.
Rijschool Zomer has the right to amend or supplement the conditions if this is necessary in connection with rules and/or legislation.
Deviations from these conditions are only possible if agreed in writing.

Article 3 Formation of the agreement

An agreement is concluded exclusively digitally via the Rijschool Zomer website. The website takes into account the possible situation that the student is (still) a minor. In the case of a minor student, the agreement can only be entered into digitally by the student’s legal representative(s).
Before entering into the agreement, a student must schedule a trial lesson. The trial lesson is not part of the chosen lesson package and is therefore not free of charge. The trial lesson is necessary for Rijschool Zomer to make a proper estimate of the number of lessons that the student is expected to need to obtain the desired driving licence and, on that basis, to arrange the appropriate lesson package digitally.
The content and scope of the agreement are determined solely by the digital agreement. The student can save the digital agreement on their own media.
Only arrangements or commitments recorded digitally are valid. Neither party can derive rights from oral or telephone arrangements and commitments.
Rijschool Zomer has the right to refuse an agreement without stating reasons.

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 directions and/or instructions from the instructor.
If there is a suspicion of the use of alcohol, narcotics, and/or medication that may affect driving ability, the driving lesson will not take place. In such cases, the lesson will still be charged.
Before starting the driver training, the student must provide all relevant information regarding their medical and/or psychological condition and medication, alcohol, and/or drug use that may affect the driving lessons and driving ability or driving entitlement.
The student is responsible for possessing the required and/or mandatory documents for the practical and theory exams respectively. Rijschool Zomer is not liable for the consequences if the student is unable to take the practical exam due to the absence of the required and/or mandatory documents.
If there is a disqualification from driving, the student is obliged to report this to Rijschool Zomer. If the student fails to report this, Rijschool Zomer is not liable.
The student must be present on time at the agreed address.
The student must schedule the driving lessons themself (in time) via the app. A lesson scheduled in the app is only final after it has been confirmed in the app by Rijschool Zomer. As long as a lesson scheduled in the app has not been confirmed by Rijschool Zomer, the lesson is not final.
The student is not permitted to book and/or take an interim test and/or interim practical exam without the consent of Rijschool Zomer.
Before taking the practical exam, the student must hold a valid theory certificate and be able to present a valid identity document. The student is responsible for obtaining a valid theory certificate. Without a valid theory certificate, a practical exam cannot be requested.
The student is obliged to take lessons at least once per week and to continue taking lessons consistently.
The student is responsible for obtaining the theory certificate in time.
The student is obliged to use only the “On my way” app for communications with Rijschool Zomer and for scheduling driving lessons (including reporting unavailability for lessons).

Article 5 Obligations of Rijschool Zomer

The instructor meets the requirements of the Dutch Driving Instruction Act (WRM).
All activities and agreements are carried out by Rijschool Zomer to the best of its ability and judgment. Regardless of the advice provided regarding the lesson package, Rijschool Zomer cannot guarantee that a student will pass the practical exam, since many circumstances are involved over which Rijschool Zomer has no influence and cannot reasonably have influence.
Rijschool Zomer ensures that a driving lesson is fully used for teaching.
Rijschool Zomer aims to have driving lessons given as much as possible by the same instructor.

Article 6 Trial lesson

The purpose of a trial lesson is to provide advice on the number of required driving lessons. Without a trial lesson, Rijschool Zomer cannot provide such advice.
A trial lesson is not free of charge. Current rates are listed on the Rijschool Zomer website.
The cost of a trial lesson must be paid in advance or immediately during the trial lesson.
A trial lesson does not oblige the student to enter into an agreement with Rijschool Zomer. The student is free to use the advice regarding the lesson package at competitors of Rijschool Zomer.

Article 7 Lesson packages

Rijschool Zomer offers lesson packages only, from which the student may choose, whether or not following the advice from the trial lesson. Rijschool Zomer offers only the packages listed on its website, which offering may be updated from time to time. Tests and exams are charged separately by Rijschool Zomer to the student. The prices of the packages relate only to the driving lessons. All current rates are listed on the Rijschool Zomer website.
The contents of the packages are fixed. Any additional required lessons, interim tests and/or practical exams are invoiced separately in addition to the package price.
A package cannot be cancelled.
All packages are valid for a maximum of 6 months after the agreement is concluded. This means that all lessons belonging to the relevant package must be fully used within this period and the interim test and/or practical exam must be taken. If the student has not taken the remaining lessons and/or has not taken the practical exam and/or interim test within this time, regardless of the reason, any claim to the remaining driving lessons, interim test and/or practical exam will lapse.
A purchased package cannot be changed mid-term.
If the student has not used a package in full—for example because the student appears able to take the practical exam earlier, does so, and passes—Rijschool Zomer will not set this off against the lesson fees paid and/or refund the lesson fees for the lessons not taken. The student may decide whether to take all lessons belonging to the agreed package. Except in the event of default on the part of Rijschool Zomer, lessons not taken are never refunded or set off.
Purchased packages are not transferable to third parties.
If the instructor is of the opinion that after the last lesson of the package the student is not yet ready for the practical exam, the student cannot take the practical exam. In that case, the student must take additional lessons until the instructor is of the opinion that the student can take the practical exam. This will be supported in part by the results on the student progress card.
If, after purchasing the package, the student decides to take practical lessons or a practical exam at another driving school, for whatever reason, this is permitted. Except in the event of default on the part of Rijschool Zomer, the lesson fees already paid will not be refunded to the student.
Rijschool Zomer is not responsible for any exceeding of the number of lessons in the package and the associated additional lessons that must be paid for.

Article 8 Cancellation of driving lessons & practical exam

If a driving lesson cannot take place due to force majeure (such as illness of the instructor and/or due to weather and/or traffic conditions), the student will be informed as soon as possible. A new driving lesson will then be scheduled. In such a case, the student is not entitled to any refund and/or compensation.
A driving lesson must be cancelled by the student 48 hours in advance (weekends and public holidays extend the 48 hours). Cancellation is only possible via a message in the app (via the On my way app).
If the student has not cancelled a driving lesson 48 hours in advance (weekends and public holidays extend the 48 hours), the full lesson will be deducted from the package balance.

Article 9 Practical exam & driving lessons

A practical exam can be requested from the CBR only by Rijschool Zomer. The student can participate in the practical exam only when the instructor is of the opinion that the student is capable of doing so. The instructor determines this based on the student’s progress card. Participation in the practical exam is only possible if the student has successfully completed all modules on the progress card. It is solely up to Rijschool Zomer to determine whether the practical exam is requested.
If Rijschool Zomer requests a practical exam, the student must hold a valid theory certificate. In addition, the Health Declaration must have been submitted and the student must have authorized Rijschool Zomer to request the practical exam. The driving school is not liable if the student cannot take the practical exam due to the absence of the required documents.
Rijschool Zomer will request a practical exam only if all payments have been made, including any costs for an interim test and/or practical exam. If a practical exam cannot take place due to the student’s vacation because the student failed to report their vacation at the time of the request, the student will bear all resulting costs.
If there is a driving disqualification, the student is obliged to report this to Rijschool Zomer. If the student fails to report this, the driving school is not liable and the student remains liable for the fee(s).
If the CBR, the CCV or the BNOR cancels the practical exam at the agreed time due to poor weather conditions, then Rijschool Zomer may charge the student for the costs of the reserved instructor and training vehicle.
The student is not charged for requesting a new practical exam in the event of a postponement of the practical exam if one of the following situations applies: – Being unable to take the practical exam due to illness, supported by a doctor’s note, which must be shown to Rijschool Zomer and the CBR no later than 7 days after the exam date; – A death up to and including second degree of kin of the student within 4 days before the practical exam or on the day itself, supported by a death certificate; – The training vehicle or an equivalent type is not available for the practical exam; – The training vehicle is rejected by the examiner.
If the practical exam does not take place because the student does not appear or appears too late at the practical exam and/or because the student cannot present the required and valid documents, the costs of requesting a new practical exam are entirely at the student’s expense.
If the practical exam is postponed by the CBR, Rijschool Zomer has the right to charge any additional driving lessons (to maintain exam level) to the student.
The result of an interim test and/or practical exam is determined by the CBR examiner. Rijschool Zomer has no influence on this.

Article 10 Termination, cancellation and/or dissolution of the agreement

If Rijschool Zomer imputably fails to fulfil its obligations under the agreement and/or these conditions (breach of contract), the student has the right, after Rijschool Zomer has been given a reasonable period to still perform, to terminate the agreement.
The student can terminate the chosen training only via the “On my way” app for such urgent reasons that he/she cannot reasonably be expected to continue the training.
Rijschool Zomer may terminate the agreement if: – The student has repeatedly failed to follow the instructor’s instructions and/or directions; – The student takes driving lessons under the influence of alcohol, drugs and/or medication; – The student does not fulfil or does not fully fulfil their obligations under the agreement or these conditions; – The validity period of the lesson package has expired; – One of the parties dies; – The student does not follow the binding advice regarding whether or not to take the practical exam; – Rijschool Zomer ceases its business operations.
If Rijschool Zomer terminates the agreement, the student cannot claim any refund and/or compensation.
If the student has not made follow-up appointments within 2 months after the last driving lesson and Rijschool Zomer has also not heard from the student, Rijschool Zomer is entitled to terminate the agreement without notice 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 performance of its obligations, it retains its rights under the law and the agreement.
As soon as the agreement has been concluded, it can no longer be cancelled free of charge by the student.

Article 11 Invoicing & payment

Single driving lessons must be paid in cash and/or by debit card prior to the lesson.
Invoices sent must be paid within 14 days of the invoice date.
Rijschool Zomer sends its invoices digitally.
Any objections to the amount of the invoice do not suspend the student’s payment obligations.
If the student does not pay on time, the student is in default by operation of law and, after at least one reminder has been sent to the student, Rijschool Zomer has the right, without further notice of default, to charge statutory interest on the invoiced amount from the due date until the date of full payment.
Extrajudicial collection costs are calculated in accordance with what is customary in Dutch collection practice.
All reasonable costs arising from the extrajudicial collection of the claim are borne by the student.
The student also owes statutory interest on the collection costs due.
Payments made are always applied first to settle all interest and costs due, secondly to payable invoices that have been outstanding the longest with Rijschool Zomer.
In the event of a (extrajudicial) debt restructuring of the student, the student’s bankruptcy and/or attachment against the student, all claims of Rijschool Zomer become immediately due and payable.
In the event of payment arrears, Rijschool Zomer will stop providing driving lessons and no interim tests and/or practical exams will be requested. Everything will resume when the student has paid all outstanding amounts including statutory interest and collection costs.
Payment in instalments is only possible when the student has purchased a lesson package. Payment in instalments for single lessons, interim tests and/or (re)takes of practical exams is not possible.
Payment in instalments is only possible after approval by Rijschool Zomer. The instalment amounts are invoiced separately at the beginning of each agreed instalment with an agreed number of lessons.

Article 12 Prices

Rijschool Zomer expressly reserves the right to change prices, in particular when this is necessary on the basis of (statutory) regulations.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Rijschool Zomer is not obliged to deliver in accordance with the incorrect price.
Rijschool Zomer has no influence on any 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 provided for in these conditions.
Rijschool Zomer is insured for liability for damage to third parties and to the student.
Any liability of Rijschool Zomer is limited to the amount that the insurer pays out as compensation for that event.
Rijschool Zomer is not liable for damage resulting from intent or gross negligence on the part of the student. For example, due to the use of alcohol, narcotics or (medicinal) substances that affect driving ability. This also applies if it appears that the student is not authorized or medically fit to operate a vehicle, or if the damage results from misconduct and/or failure to follow directions and/or instructions from the instructor.
Rijschool Zomer is not liable for fines or other financial consequences if the student, despite their own declaration, is not authorized to operate the training vehicle.
Rijschool Zomer is not liable for damage of any nature whatsoever arising because Rijschool Zomer relied on incorrect and/or incomplete data provided by or on behalf of the student.
Rijschool Zomer is not liable for errors arising from agreements performed by third parties (such as but not limited to the CBR).
Rijschool Zomer is not liable for changes to its agreements, packages, activities or services if it must change these due to changes in technology, policy, laws and regulations.
Any liability of Rijschool Zomer expires after 1 year. In the absence thereof, any right to compensation lapses.
Rijschool Zomer is not liable in cases of force majeure.
The limitations set out in this article do not apply if the damage is due to intent or gross negligence by Rijschool Zomer.

Article 14 Force majeure

The parties are not obliged to fulfil any obligation if this is the result of a circumstance not attributable to fault and which, under the law, a legal act or generally accepted practice, is not for their account.
In these conditions, force majeure means, in addition to what is understood by law and case law, all external causes, foreseen or unforeseen, over which the parties cannot exert influence but which prevent them from fulfilling their obligations. Strikes at Rijschool Zomer and third parties are included.
Rijschool Zomer has the right to invoke force majeure if the circumstances preventing (further) performance of the agreement occur after Rijschool Zomer should have performed its obligation.
Rijschool Zomer has the right to suspend its obligations under the agreement for the duration of the force majeure. If this period lasts longer than 1 month, both the student and Rijschool Zomer are entitled to dissolve the agreement, without any obligation to compensate the other party for damage suffered. If the above situation occurs when the agreement has been partially performed, Rijschool Zomer is entitled to invoice the already performed part separately. The student is then obliged to pay this invoice as if it were a separate agreement.

Article 15 Complaints

Complaints about the services, agreement and/or invoice of Rijschool Zomer must be submitted in writing and with reasons within 3 working days. After this period has expired, the services or the invoice are deemed to have been approved and all rights in this regard lapse.
Rijschool Zomer does not handle complaints regarding the advice on whether or not to request the practical exam.
Any complaints about the CBR must be submitted to the CBR.
A complaint does not suspend the student’s payment obligations or other obligations under the agreement, unless Rijschool Zomer has stated in writing that the complaint is justified. In that case, the complaint will be resolved in accordance with paragraph 6 of this article.
Rijschool Zomer will handle a complaint within 14 days. If a longer processing time is required, the student will be informed accordingly.
If the complaint is well-founded, Rijschool Zomer may choose between adjusting the invoice, correcting the services free of charge, or performing the services again.

Article 16 Competent court

All agreements and disputes are governed exclusively by Dutch law, even if a student resides abroad.
All disputes between Rijschool Zomer and a student will first be attempted to be resolved amicably before being submitted to the competent court. Disputes that cannot be resolved by mutual agreement will be submitted exclusively to the competent court in the Netherlands.