Terms and Conditions
These terms and conditions apply to all agreements entered into with Driving School sOs, as well as to anyone taking lessons or other services from Driving School sOs.
Contents
ARTICLE 2. | GENERAL PROVISIONS. 2
ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT . 3
ARTICLE 4. | RIGHT OF TERMINATION FOR THE OTHER PARTY 3
ARTICLE 5. | CANCELLATION AND RELOCATION BY THE OTHER PARTY 4
ARTICLE 6. | CANCELLATION AND RELOCATION BY DRIVING SCHOOL SOS . 5
ARTICLE 7. | OBLIGATIONS OF THE OTHER PARTY 5
ARTICLE 8. | THIRD PARTIES .. 6
ARTICLE 9. | PASS GUARANTEE FOR THEORY PACKAGES .. 6
ARTICLE 10. | FORCE MAJEURE . 6
ARTICLE 11. | SUSPENSION AND TERMINATION . 6
ARTICLE 15. | FINAL PROVISIONS .. 9
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms are used in the following sense, to the extent that the nature or intent of the clauses does not dictate otherwise.
Rijschool sOs: the user of these terms and conditions, located at Maria Tesselschadelaan 87, 2135RE in Hoofddorp, registered in the Trade Register under KvK number 55131336
Customer: anyone with whom Rijschool sOs has concluded or intends to conclude an agreement. As the other party, to the extent the nature or intent of the provisions does not preclude, the person who participates in theoretical and / or practical lessons or exams at driving school sOs.
Agreement: any agreement reached between Rijschool sOs and the other party, by which Rijschool sOs has committed itself to the other party to give one or more lessons referred to in paragraph 4 and/or registration for a practical and / or theoretical exam.
Lesson: any practical or theory lesson, whether or not part of a package referred to in paragraph 6, on a particular day, at a particular time.
Exam: a theory or practical exam on a specific day, at a specific time.
Package: a set of lessons as referred to in paragraph 4, whether or not in combination with an examination, which forms part of the agreement.
Driving School sOs website: www.rijschoolsos.nl
Force majeure: a situation in which fulfillment of the agreement is made impossible by unforeseen circumstances, such as extreme weather conditions, illness of the instructor, failures at the CBR, government measures, pandemics or other extraordinary events.
Consumer: the natural person who is not acting in the exercise of a profession or business and who takes lessons from Driving School sOs.
Written communication means any correspondence by mail, e-mail or by any other means of communication that the parties may reasonably consider to be in writing.
ARTICLE 2. | GENERAL PROVISIONS
These general terms and conditions apply to any offer of Driving School sOs and any agreement concluded.
These general conditions also apply to agreements for the implementation of which third parties are involved by Driving School sOs.
The provisions of these general terms and conditions may only be deviated from expressly and in writing. If and insofar as that which the parties have expressly agreed upon in writing deviates from the provisions of these general terms and conditions, that which the parties have expressly agreed upon in writing shall apply.
Destruction or nullity of one or more of the provisions of these general terms and conditions or the agreement as such shall not affect the validity of the remaining clauses. In such a case the parties are obliged to enter into mutual consultation in order to reach a substitute arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as far as possible.
ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT
Any offer from Driving School sOs is non-binding and subject to sufficient places available for lessons and exams.
Obvious errors and mistakes in an offer of Driving School sOs, does not bind him.
Each agreement is established at the moment when Driving School sOs has confirmed the registration of the other party. If the registration does not take place in the personal presence of both parties, Driving School sOs will confirm the registration to the other party by e-mail.
If the other party concludes the agreement on behalf of another person, it declares by entering into the agreement that it is authorized to do so. The other party, in addition to this other person, shall be jointly and severally liable for the fulfillment of the obligations under that agreement.
ARTICLE 4. | RIGHT OF TERMINATION FOR THE OTHER PARTY
The other party who enters into the agreement by means of the registration form on the website (hereinafter referred to as “remote agreement”), subject to the provisions of paragraph 3, has the legal right to dissolve the agreement without giving reasons for 14 days after the conclusion of the agreement.
Fulfilment of the distance contract during the rescission period shall only take place at the express request of the other party.
The other party has no right of rescission after fulfilling the distance contract, if:
performance has begun with the express prior consent of the other party; and
The other party has declared to waive his right of dissolution once the Driving School sOs has fulfilled the distance contract.
The other party who uses the right of dissolution, may dissolve the Distance Agreement by making a request to that effect by e-mail or by using the model form for withdrawal offered by Rijschool sOs, to Rijschool sOs. As soon as possible after Rijschool sOs is informed of the intention of the other party to dissolve the Distance Agreement and if the conditions of this article are met, Rijschool sOs will confirm the dissolution by e-mail.
When exercising the right of dissolution following a request in accordance with paragraph 2, the other party shall owe Rijschool sOs an amount proportionate to that part of the agreement that has been fulfilled by Rijschool sOs at the time of exercising the right of dissolution, compared to the full fulfillment of the commitment. The proportional amount payable by the other party to Driving School sOs shall be calculated on the basis of the total price as expressly agreed. If the total price is excessive, the proportional amount shall be calculated based on the market value of the part of the distance contract that has been performed.
The right of withdrawal as referred to in this article applies only to consumers as defined in Article 1. If the contract is concluded in the exercise of a profession or business, the right of withdrawal does not apply.
This article is in line with the provisions of Article 6:230m-6:230s of the Civil Code, which regulates consumers’ right of withdrawal.
ARTICLE 5. | CANCELLATION AND RELOCATION BY THE OTHER PARTY
If and insofar as the other party claims the right of dissolution referred to in the previous article, that right shall prevail over the provisions of the present article.
The registration for a package of theory lessons (theory course), including theory examination, as well as the registration for only a theory examination, can be cancelled free of charge by the other party, provided the cancellation is made in writing (by e-mail or post) no later than three working days before the first day of the course or examination date. The above also applies to relocation.
A scheduled practical lesson may be cancelled or rescheduled by the other party free of charge up to 24 hours before the scheduled practical lesson. Cancellation or rescheduling must be done by telephone.
The registration for a practical examination can be cancelled free of charge by the other party, provided the cancellation is made in writing (by e-mail or post) no later than 20 days before the examination date. The above also applies with respect to relocation.
If cancellation or relocation does not take place in time, the other party shall still owe the full agreed price or, in the event of relocation, the other party shall again owe the applicable price in respect of the new lesson or examination.
Article 5.1 Cancellation or early termination of the assignment
1. If the client cancels or prematurely terminates the assignment, the contractor will charge the client for all costs incurred, including hours spent, with a twenty percent increase.
- If the Contractor is charged cancellation costs by third parties who have performed work on behalf of the Contractor for the Client’s order, due to the cancellation or premature termination of the order, these will be charged to the Client with a twenty percent increase.
- If the work has been performed or thing has been created in accordance with the client’s specifications and is therefore personal in nature and by its nature cannot be canceled, the contractor shall charge the client for the entire quotation, now the agreed price for the work and/or thing.
- If the work is performed or the matter is brought about by a third party on the instructions of the contractor for the client’s order and it is of the same nature as mentioned in paragraph 3, the contractor will also charge the client in full for this work.
ARTICLE 6. | CANCELLATION AND RELOCATION BY DRIVING SCHOOL SOS
Driving school sOs reserves the right at all times to cancel a lesson or exam in case of force majeure or (unforeseen) special circumstances. Where possible, driving school sOs will offer the other party a suitable alternative. On the same grounds, Rijschool sOs can reschedule lessons and exams.
In case of cancellation or relocation, Rijschool sOs shall notify the other party as soon as possible. The other party may cancel the agreement for that part to which the cancellation or relocation relates, if fulfillment on any alternative date proposed by Rijschool sOs, taking into account all circumstances of the case, cannot reasonably be required of the other party.
For services already rendered by Rijschool sOs under an agreement and possibly yet to be rendered, the other party shall continue to owe the agreed price proportionately.
Driving school sOs will make every effort to notify the other party of cancellations or relocations at least 48 hours in advance, except in cases of force majeure. Driving school sOs is not liable for costs incurred by the other party due to a cancelled or rescheduled lesson or exam, such as travel or lost wages.
ARTICLE 7. | OBLIGATIONS OF THE OTHER PARTY
The other party must provide all data requested by Rijschool sOs fully and truthfully. The other party should also provide driving school sOs on its own initiative all data that may be reasonably relevant to the (safe) participation in lessons or exams. In particular, the other party must report any medication, drugs or alcohol use prior to a lesson or exam. The above is, if the circumstances of the case reasonably justify it, a ground to dissolve the agreement without the other party being entitled to restitution or remission.
The other party guarantees the accuracy of the data provided by it to driving school sOs. Rijschool sOs is never liable for damages resulting from incorrect or incomplete data provided by the other party. If driving school sOs is faced with fines or other damages resulting from a culpable act or omission by the other party, these damages will be borne by the other party.
If and to the extent the agreement provides for the other party to register for examinations, the other party authorizes Driving School sOs to do so on behalf of the other party.
During lessons and exams, the other party must carry a valid ID, failing which the resulting fines related to practical lessons will be borne by the other party.
ARTICLE 8. | THIRD PARTIES
Rijschool sOs is entitled to the execution of the agreement in whole or in part to third parties. For damages resulting from errors or omissions of third parties Rijschool sOs not liable, except to the extent that the law under the circumstances of the case, mandatory.
ARTICLE 9. | PASS GUARANTEE FOR THEORY PACKAGES
If the other party has booked a theory package (theory course + theory exam) at Rijschool sOs and the other party does not pass the theory exam, the course will be offered once again free of charge at most, provided that the resit(s) take place within 30 days after the first exam date. However, the cost of the exam will again be borne by the other party.
ARTICLE 10. | FORCE MAJEURE
Driving school sOs is not obliged to fulfill any obligation under the agreement if and for as long as he is prevented from doing so by a circumstance that, under the law, a legal act or socially accepted views can not be attributed to him.
If the force majeure situation makes compliance with the agreement permanently impossible, the parties are entitled to dissolve the agreement with immediate effect.
For performances already delivered, the other party, even in the event of force majeure, remains liable for the price associated with those performances.
Damage resulting from force majeure shall never be eligible for compensation.
ARTICLE 11. | SUSPENSION AND TERMINATION
Rijschool sOs, if the circumstances of the case reasonably justify it, is authorized to suspend the implementation of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if the other party does not fulfill its obligations under the Agreement, in a timely manner or in full, or after the conclusion of the Agreement Rijschool sOs learns of circumstances that give good reason to fear that the other party will not fulfill its obligations. If the fulfillment of the obligations of the other party in respect of which it fails or threatens to fail is not permanently impossible, the authority to dissolve only arises after the other party has been given written notice of default, which notice of default specifies a reasonable period within which the other party can (still) fulfill its obligations and the fulfillment after the expiry of the last-mentioned period still has not been achieved.
Driving school sOs reserves the right to exclude the other party who by its behavior or otherwise seriously impedes or complicates the normal course of lessons or the exam from further participation therein, in which case the other party remains liable for the full agreed price.
If the other party is in a state of bankruptcy, the Natural Persons Debt Rescheduling Act is declared applicable to it, its goods are seized, or in cases where the other party is otherwise unable to freely dispose of its assets, Rijschool sOs is entitled to terminate the agreement with immediate effect, unless the other party has already provided proper security for payments, or immediately proceeds to do so.
Furthermore, driving school sOs entitled to terminate the agreement with immediate effect if circumstances arise that are such that fulfillment is impossible or unaltered maintenance cannot reasonably be required of him.
The additional costs and damages incurred in connection with suspension and/or (partial) dissolution of the agreement shall be borne by the other party.
The other party shall never claim any compensation in connection with the right of suspension and dissolution exercised by Rijschool sOs, pursuant to this article.
If Driving School sOs dissolves the agreement under this article, all claims against the other party shall be immediately due and payable.
ARTICLE 12. | PAYMENTS
Payment must be made in the manner prescribed by Driving School sOs, through payment online through the website, by bank transfer, or payment to the driving instructor.
In case cash payment is required, payment must be made at the time indicated by Driving School sOs or the instructor.
Driving school sOs, unless already expressly agreed otherwise, is entitled to require full payment in advance or an advance.
In case Driving School sOs has prescribed payment by bank transfer, full payment shall, notwithstanding the provisions of the preceding paragraph, be made no later than:
three working days before the lesson or exam day if it concerns a registration for single lessons or exams;
take place twenty days before the practical exam if the agreement provides for a package including practical exam.
If payment is not made on time, the other party shall be in default by operation of law. In that case the other party shall owe the statutory interest on the outstanding amount in accordance with article 6:119 BW (consumers) or 6:119a BW (business customers). In addition, all reasonable collection costs, both extrajudicial and judicial, shall be borne by the other party. From the day the default commences, the other party shall owe the then current statutory interest on the outstanding amount.
All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the other party shall be borne by the other party.
If the other party fails to pay on time, Rijschool sOs reserves the right to suspend lessons and exams until full payment is made.
ARTICLE 13. | LIABILITY
Driving school sOs is not liable for damages caused by negligence or default of the other party, for example, in case of failure to have reported in advance physical complaints or illnesses.
The content of lessons and exams is (partly) dependent on third parties responsible for their composition or organization. Any liability of driving school sOs regarding inaccuracies in the content of lessons or exams is excluded.
Rijschool sOs is not liable for damages caused by negligence or default of the other party, unless there is gross negligence or intent on the part of Rijschool sOs. Insofar as Rijschool sOs should be liable, liability is limited to the amount of the last paid invoice or, if applicable, the amount covered by the liability insurance.
Without prejudice to the provisions of the rest of these general conditions, the liability of Rijschool sOs is at all times limited to a maximum of the invoice value of the agreement, at least to that part of the agreement to which the liability of Rijschool sOs relates.
Except in the case of intent or deliberate recklessness of driving school sOs, the other party will indemnify driving school sOs from all claims by third parties, on account of a circumstance attributable to the other party, for compensation for damages, costs or interest, related to the execution of the agreement by driving school sOs.
Notwithstanding the statutory limitation period, all claims and defenses against Driving School sOs shall expire one year.
Driving School sOs has liability insurance. Any claims for damages must be made in writing within two months of the occurrence of the damage.
ARTICLE 14. | COMPLAINTS
Complaints relating to the implementation of the agreement should be submitted in writing to Rijschool sOs within a reasonable time after the other party discovers the grounds that gave rise to the complaint, fully and clearly described.
Complaints submitted to Driving School sOs will be answered within a period of fourteen days after receipt. If a complaint requires a longer processing time, within the period of fourteen days will be answered with an acknowledgment of receipt and an indication of when the other party can expect a more detailed answer.
If the complaint, within the framework of a remote agreement as referred to in Article 4, cannot be resolved by mutual agreement, the other party may submit the dispute to the Disputes Committee.
ARTICLE 15. | FINAL PROVISIONS
Any agreement and all legal relations between the parties arising therefrom shall be governed exclusively by Dutch law.
Before any recourse to the courts, the parties are obliged to make the best efforts to settle the dispute by mutual agreement.
All disputes arising out of or in connection with this agreement shall be settled exclusively by the competent court in Haarlem, unless mandatory law provides otherwise.