General terms and conditions

THE MAIN GROUND RULES:

Start learning your theory right away. Knowledge of traffic rules is important in your practical lessons. You can schedule the theory exam yourself. You do this with your DigiD at cbr.nl.

Then also authorise Automaat rijschool Maastricht with the CBR to apply for the practical exam for you. Our registration number is 1071N8. Please note: as long as you have not passed your theory test, the practical exam cannot be scheduled. Please allow for a waiting period before you can take your practical exam. The duration depends on availability at that time at CBR.

Also, complete a health declaration with the CBR immediately at the start of your driving course. Contact your driving school first if you are in doubt as to whether you should answer YES to one or more questions. This is to avoid mistakes.

When entering into a lesson package, you must take a minimum of 2 consecutive 45-minute lessons every fortnight. Less than 4 lessons in 4 weeks will be included in the course package. Exceptions are (max. two) holidays of yours of longer than one week, illness of you or the driving instructor, a longer holiday or illness of the driving instructor or if the practical exam has already been requested. Further exceptions see art. 2.e.

Buying a particular lesson package is no guarantee of being ready for the exam. The instructor determines whether follow-up lessons are needed first to schedule the exam. We make every effort to send you as prepared as possible for the exam so that you have the best chance of obtaining your driving licence in one go. This is always more economical than having to take the exam several times.

Classes can be cancelled free of charge up to 72 hours (3 working days) before the start. This does not include weekends. This must be done by telephone. Lessons cancelled too late will be charged. Exceptions see art. 2.e. of the general terms and conditions.

if you end your driving course prematurely without the consent of the driving school, the agreed lesson package must still be paid for in full. There is no refund of already paid packages. After approval by the driving school to terminate the driving course, any lesson hours not taken from a package already paid for can be refunded at the rate of single lesson hours and after deduction of 55 euros in administration costs.

All lesson packages do not include the cost of the practical exam (CBR fees and adm. fees driving school). These do not need to be paid until the exam is scheduled. The cost of using the lesson car during your exam will be deducted from two lesson hours of your lesson package or charged as two follow-up lesson hours.

Before entering into the (verbal) agreement with the driving school and paying for a lesson package, you have also read and agreed to the general terms and conditions below.

BUSINESS GENERAL TERMS AND CONDITIONS FOR DRIVING SCHOOLS
GENERAL
These Terms and Conditions are effective from 1 Jan 2025.
They apply to all agreements between Automaat Rijschool Maastricht K.v.K. no. 95929533, Hondertmarck 42b, 6211MB Maastricht and hereinafter referred to as contractor or entrepreneur and its client or course participant.
Where applicable, 'course participant' also includes the client who is a course participant himself. The client is obliged to impose the obligations from article 1 section 2 on the client's employees who are course participants of the entrepreneur. The client must also ensure compliance by these students.
Deviations are only valid when they are laid down in writing by the entrepreneur and the client. Deviations include additions or extensions to these general terms and conditions as well as the cancellation of a concluded agreement.
Operator has the right to amend these general terms and conditions.
Only these general terms and conditions apply to all offers and contracts of the entrepreneur, regardless of any (previous) reference by the client to his own or other general terms and conditions. The Contractor explicitly rejects any general terms and conditions declared applicable by the Client.
If one or more provisions of these general terms and conditions are void or annulled, the remaining provisions will continue to apply.
Article 1 - The agreement.
The obligations of the student
1. The agreement states which training course the trainee is taking:
- a theory training course, both one- and multi-day
- a practical training course, both one-day and multi-day
- Or any other training.
The agreement will be recorded verbally. Only at the client's request will it be recorded in writing (in writing or electronically). The client will receive a copy of the agreement.
2.a. Cancelling a training course must be done during the office hours of the entrepreneur and this must be done personally by course participant or client, by telephone.
2.b. The trainee must honour the schedule agreed with entrepreneur and keep to the agreed date, time and place for training. Entrepreneur will wait fifteen extra minutes.
2.c. If a course participant does not arrive without having cancelled on time, the customer must pay for the training course not taken by the course participant.
2.d. Client shall pay the full price if a training course is cancelled by course participant within 72 hours of the agreed time. (Weekends are not included in this 72 hours).
2.e. A late cancelled training course will not be charged if there is an urgent reason, such as a serious accident / serious illness of course participant, as well as a serious accident / serious illness / or death of family members in the 1st and 2nd degree or of his housemates. A doctor's certificate must be submitted.
2.f. Student must follow all instructions of the instructor during training.
2.g. Course participant must be able to show a valid proof of identity and, if required, a valid theory certificate (or valid replacement document) at a test. In addition, for transport training, the student must be able to show a valid and relevant driving licence prior to a lesson.
2.h. Before starting the training course, the student must have coordinated with the examination office in time about relevant health issues. If the course participant has not done so, the entrepreneur is not liable if the training subsequently has to be interrupted or stopped.
2.i. The course participant must report if he has been deprived of the power to drive motor vehicles. If the student does not report this, the entrepreneur is not liable for the consequences. If it transpires because of a practical training course or a practical test that a course participant's driving licence had been confiscated, or if the course participant conceals a court order stating that he is not allowed to drive a motor vehicle, the client will have to pay all fines imposed and will have to bear the financial consequences this has for the entrepreneur. Client indemnifies entrepreneur for this.
2.j. If the course participant knows of a fact or a circumstance as a result of which he should reasonably take into account that the client will not (be able to) fulfil his contractual obligations, he must immediately inform the entrepreneur. (One of the possible examples for which there is an obligation to report is if the client loses the power of disposition of all or part of his assets).
Article 2 - Prices, price changes, failure to pay,
objections to invoices
1. All prices are in accordance with the rates on our website, unless otherwise agreed.
2. After the agreement has been agreed, something may change that will cause the entrepreneur to increase the price. These are circumstances such as a changed levy by the government (e.g. taxes) an increased examination institute fee, or increased costs due to labour wages, social charges or other working conditions.
3. A price change shall not be a ground for rescinding the agreement.
4. If the client has not paid the agreed price, not in full, or not on time, the entrepreneur does not need to give the client notice of default. The entrepreneur may charge the legal interest rate for commercial transactions per day from the day that should have been paid and this may be increased by the amount of 3% of the unpaid amount. In addition, the entrepreneur has other rights. If the entrepreneur has to engage a third party in order to collect his claim on the client, the judicial and extrajudicial costs thereof shall be borne by the course participant. The extrajudicial costs are set at 15% of the unpaid amount, with a minimum of €114. If the actual costs incurred in relation to a procedure are higher than any court cost order, the client shall pay the actual costs. In addition, the entrepreneur may claim damages.
5. Objections to invoices sent to the client must be notified to the entrepreneur by registered letter within five working days after the due date. If no objection is made to an invoice within this period, the course participant is deemed to agree with the invoice sent.
Article 3 - Dissolution of agreement
Entrepreneur may dissolve or suspend all or part of the agreement immediately if the following occurs:
- in case of death of client/ natural person or course participant;
- upon pronouncement or application for suspension of payment client;
- upon declaration or application for bankruptcy of the client;
- in the event of a strike in the client's business operations;
- in case of seizure of client's assets;
- in case of loss of power of disposition of (part of) assets by client.
This can be done without notice of default, without a court and without the entrepreneur losing his other rights. In these cases, any claim by the entrepreneur against the client can also be claimed immediately and in full. This without the entrepreneur having to pay damages.
Article 4 - Force majeure
1. If the performance of an agreement becomes difficult or impossible for the entrepreneur due to force majeure, he may dissolve this agreement (insofar as it has not yet been performed). The Contractor describes the circumstances that make the performance of this contract difficult or impossible.
2. For the purposes of these conditions, force majeure means, for example:
- War or a similar situation, riot, sabotage;
- fire, lightning strike, explosion, emission of hazardous substances or gases;
- business failure of any kind;
- boycott, business occupation, blockade insofar as carried out by others than employees employed by entrepreneur;
- non-attributable failure(s) of third parties engaged by the entrepreneur;
- barriers caused by measures from the government;
- impediment due to illness of the contractor resulting in permanent inability to teach;
- any (other) circumstance due to which the normal course of the Entrepreneur's business is impeded, or as a result of which fulfilment of the contract cannot reasonably be required of the Entrepreneur.
3. The provisions of this paragraph also apply when such circumstances affect other third parties engaged by the entrepreneur.
4. If a force majeure situation arises on the side of the entrepreneur, he shall inform the client as soon as possible, if possible. Via a notification stating whether performance of the contract is still possible and, if so, within what period.
5. If delivery of the service still takes longer than three months due to force majeure, the agreement may be dissolved. Lesson packages, examination fees already paid cannot be recovered from the contractor. No damages need be paid by the contractor either.
Article 5 - Liability
1. The entrepreneur shall bear the costs for traffic violations other than those referred to in article 1 paragraph 2 under i that the student commits during practical training and practical tests. The entrepreneur also indemnifies the course participant against claims from third parties if collisions, collisions or overruns occur at these times. This indemnification does not apply in case of intent / gross negligence of course participant and also not if course participant uses alcohol, narcotics or medicines that may affect driving ability.
2. Course participant and/or client can -in addition to paragraph 1- only claim towards the entrepreneur to compensate those damages, which are the foreseeable and direct consequence of an attributable shortcoming of the entrepreneur in the execution of his obligations because of the agreement. (An attributable shortcoming is also called a default).
3. Consequential or indirect damage of the course participant and/or client will not be compensated. Examples include, but are not limited to: trading loss, delay damage (other than statutory interest), or that there has been no profit. That there has been a loss. That there has been personal or immaterial damage.
4. This article is intended to provide a damage ceiling. If the entrepreneur will have to compensate damages, then no amount will ever be eligible for compensation that exceeds the maximum insured amount, or the reasonably insurable amount.
5. Any other claim for damages, on any basis whatsoever, is excluded.
6. Course participant and/or client indemnifies the entrepreneur against all third party claims, unless the entrepreneur is liable according to this article.
Article 6 - Applicable law
Any legal relationship between entrepreneur and client and/or course participant is governed by Dutch law.
Version Jan 2025