General Terms and Conditions
Definitions
In these terms and conditions the following definitions apply: Alblas Verkeersschool B.V. User of these general terms and conditions, hereinafter referred to as “Alblas”;
Customer: the natural person who is not acting in the exercise of a profession or business and enters into an agreement (at a distance) with the User;
Article 1 General conditions
1.1 The general terms and conditions apply to all offers and to all agreements to perform services by “Alblas”.
1.2 Entries made by the Customer are final. A right of withdrawal (the so-called reflection period) of 14 days does not apply to the agreement that the Customer concludes with Alblas.
1.3 Taking driving lessons constitutes acceptance of the terms and conditions of “Alblas”.
1.4 If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place “in the spirit” of these provisions.
1.5 If a situation arises between the parties that is not regulated in these general terms and conditions, this situation should be judged according to the spirit of these general terms and conditions.
1.7 If “Alblas” does not always require strict compliance with these terms and conditions, it does not mean that the provisions thereof do not apply, or that “Alblas” would in any way lose the right to require strict compliance with these terms and conditions in other cases.
Article 2 Instruction
2.1 “Alblas” ensures that (driving) lessons are given by instructors/teachers who comply with the provisions of the Motor Vehicle Driving Instruction Act (WRM).
2.2 “Alblas” will also ensure that the pupil(s), further referred to as pupil, are taught as much as possible by the same instructor/teacher.
2.3 The agreed lesson time will be fully used for driving and lesson instruction, unless: “Alblas” or student wishes to deviate from this. If such unforeseen circumstance occurs, “Alblas” is not obliged to refund the tuition to the student.
2.4 The agreed lesson plan will be fulfilled until the end, unless “Alblas” or student wishes to deviate from it.
2.5 The student must follow all instructions of the instructor/teacher during the (driving) lessons.
Article 3 Same type of motor vehicle
The student who has applied for the exam through “Alblas” will have at his/her disposal, on the date and time at which he/she has been summoned by the appropriate authority, the same motor vehicle, or at least a motor vehicle of the same or equivalent type as the one in which he/she took driving lessons.
Article 4 Lesson Appointment
The student must adhere to the agreed upon date, time and place for holding the driving lesson. A waiting time of 15 minutes will be observed by “Alblas” at the pick-up address or as close to it as possible (due to parking problems). The instructor / trice will ring the bell or make phone contact, if possible. If the student is not present on the agreed date, time and place, the student is obliged to pay the full lesson fee to “Alblas”, unless the student has such a reason that he/she could not have cancelled in advance (for conditions: see article 5.3).
Article 5 Cancellation by student
5.1 A practical lesson can be cancelled by the student 48 hours in advance without charge. If cancelled within 48 hours, the student will owe the full tuition fee.
5.2 In case of cancellation by the student of complete courses (courses where all driving and/or theory lessons including exams are already fixed) and exams, the following cancellation rate , in % of total amount , will be applied:
- Within 4 weeks: 50%
- Within 3 weeks: 75%
- Within 2 weeks: 100%
- Within 1 week : 100 %
Exception conditions cancellation:
5.3 In the event of the death of a family member (up to and including the first degree) and the funeral or cremation has not yet taken place or will take place on the driving lesson day. However, a (copy) obituary card or obituary notice must be presented.
5.4 In the cases mentioned in article 5.3, “Alblas” will take care to reschedule the missed number of driving lessons as much as possible. This will mean that it will be possible to do this with another instructor.
Mode of cancellation:
5.5 This can be done by phone or email. Emails received by “Alblas ” after office hours are automatically covered by the next business day. “Alblas ” can never be held responsible for not receiving an e-mail. Only emails with read confirmation will be declared admissible. Unsubscribe by email at: info@alblas.net, WhatsApp at number: 06-25137187 (DO NOT CALL) or by phone 0880 241 888.
Article 6 Termination of instruction
6.1 “Alblas” can terminate the lesson instruction for urgent reasons, situated in the person of the pupil and/or his conduct, as a result of which “Alblas” cannot be required to continue the lesson instruction. This is at the discretion of the instructor.
6.2 “Alblas” is not obliged to give lesson instruction if it appears to the instructor / teacher that the student, presumably due to the use of alcohol, drugs or narcotics, or any other psychological cause (such as overexertion) is unable to drive a motor vehicle without the risk of damage and injury to himself, the instructor or third parties or participate in the course. This is at the discretion of the instructor/teacher.
6.3 In cases 6.1 and 6.2, “Alblas” is not obliged to refund to the student the remaining amount, for which no consideration has yet been given.
6.4 The lesson vehicle is not available and no equivalent lesson vehicle is available.
6.5 The driving lesson is cancelled due to bad weather conditions.
6.6 At 6.4 and 6.5, “Alblas” will ensure that the driving lesson can be made up again and will not charge for the cancelled driving lesson.
Article 7 Application for examination
7.1 “Alblas” will request or cooperate with the examination within two weeks after the agreement has been reached and all conditions (including medical) have been met.
7.2 If the examination cannot take place due to the student’s vacation because he failed to give notice of his vacation at the time of application, the student shall bear all resulting costs.
Article 8 Cancellation of examinations
A driving test may be canceled in the following cases:
8.1 in case of death of a family member (up to and including the first degree) and the funeral or cremation has not yet taken place or will take place on the examination day. However, a (copy) obituary card or obituary notice must be presented.
8.2 There is an urgent reason not attributable to student, as a result of which student cannot be expected to take the exam. This is at the discretion of the examiner and or instructor/teacher.
At 8.1 and 8.2, “Alblas” will ensure, that the student can participate in an exam again.
8.3 The lesson vehicle is not available or an equivalent lesson vehicle is not available.
8.4 The lesson vehicle is rejected by examiner and no equivalent lesson vehicle is available.
8.5 If the CBR, the CCV or the BNOR does not allow the exam to take place at the agreed time due to bad weather conditions, “Alblas” may charge the student for the re-set exam :
- Driving test category AM, A, A1 and A2: tuition fee of two driving lessons
- Driving test category B and BE: tuition fee of two driving lessons
- Driving test category C(1), C(1)E, D(1), D(1)E, T: tuition fee of two driving lessons
- In case of 8.3 to 8.5, “Alblas” will bear the additional examination costs and ensure, that a new examination is requested.
8.6 At the start of an Intermediate Test and/or practical exam, you are responsible for a valid theory result. In case of no valid theory result on the day of the exam, the entire cost of the lesson(s) and exam will be charged.
8.7 Once an exam has been booked, it is no longer possible to cancel free of charge. Examinations can only be exchanged by request via e-mail at info@alblas.net, and must be submitted at least 8 weeks before the start of the exam.
Article 9 Refusal of examinations
“Alblas” is not obliged to allow the student to take the exam if it appears to the instructor/teacher and or examiner that the student is suspected to be unable to drive a motor vehicle without the risk of damage and injury to himself, the instructor/teacher or third parties or to take a theory exam as a result of the use of alcohol, medication or narcotics or any other psychological cause (such as, among other things, overexertion). This is at the discretion of the instructor/teacher and or examiner.
Article 10 Vacation Pupil
If driving lessons can not take place because the student has failed to pass on his vacation when scheduling driving lessons, the student will bear the resulting costs.
Article 11 Payment
11.1 Payment invoice must be made in cash/by pin/by bank within 10 days unless otherwise agreed in writing. If payment is not made, and “Alblas” has to send a payment reminder to the student then “Alblas” is entitled to charge € 7,00 administrative costs. Furthermore, “Alblas” is entitled to adjust its rates in connection with market forces/BTW increase. Agreements already agreed upon will be honored by “Alblas”; however, the rate change may affect partial payments.
11.2 “Alblas” is entitled, if the payment of the amount due is not received by him within the period (10 days), to consider the payment as default and to charge the client an interest of. charge 1.25% per month, calculated from the day the invoice is sent.
11.3 In addition, if the client does not pay, “Alblas” is still entitled to claim payment from the student who attended the training.
11.4 “Alblas” is further entitled, in addition to the principal and interest, to claim from the client all costs, both judicial and extrajudicial, caused by the non-payment. The extrajudicial costs amount to 15% of the principal sum with a minimum of € 75.00. Also, extrajudicial costs shall be increased by all costs for legal advice and assistance.
11.5 The mere fact that “Alblas” has secured the assistance of a third party demonstrates the extent and obligation to pay the extrajudicial costs.
11.6 If payment of tuition due to “Alblas” is not made on time and/or in full, the student is automatically in default. “Alblas” is then entitled, without further notice, to suspend the performance owed by it arising from the lessons / lesson packages / lesson agreement(s) until its claim is paid in full.
11.7 “Alblas” will remind the student to pay what is owed to it within 10 days. If payment is not made on time, “Alblas” can pass the claim on to a third party for collection. If so, “Alblas” is entitled to increase the amount due with collection costs. These collection costs may consist of both judicial and extrajudicial costs. Extrajudicial costs are all costs charged to “Alblas” by attorneys, prosecutors, bailiffs and any other person whom “Alblas” uses for the collection of the amount due.
11.8 If the student remains in default of paying the amount due to “Alblas” after a reminder as referred to in Article 11.6, “Alblas” is entitled to terminate the agreement. “Alblas” must notify the student of the cancellation in writing.
Article 12 Indemnification
12.1 “Alblas” undertakes to take out insurance, whereby the student is insured against the pecuniary consequences of damage suffered by third parties as a result of collision and/or collision, both while following driving lessons and taking driving exams. Clothing and helmets are not reimbursed.
12.2 No cover, following from Art. 12.1, shall be provided if the damage is caused as a result of intent or gross negligence of the student, or as a result of the (internal) use of alcohol, medicines and/or other (narcotics) substances, which may affect driving ability. “Alblas” expressly limits its liability in this regard to the amount, which its insurer will pay as compensation for that event to it and/or those third parties.
12.3 “Alblas” can never be held liable for damages suffered by the student due to the failure of driving lessons and or exams, beyond driving lesson and exam costs.
Article 13 Learner’s driving privileges
If “Alblas” is not notified by the student and/or is otherwise aware of any court restriction prohibiting the student from driving a motor vehicle, and “Alblas” nevertheless gives driving lessons to the student, the student shall fully indemnify “Alblas” for all consequences thereof and the student shall reimburse “Alblas” for any fines imposed as a result thereof, as well as reimburse “Alblas” and/or the instructor for all damages, however called, resulting therefrom to “Alblas” upon first request. If “Alblas” does give driving lessons despite legal restrictions, or should it turn out that the statement made by the student at the conclusion of the agreement is incorrect, the student indemnifies “Alblas” completely and the student will reimburse any fines imposed on “Alblas” in this regard, as well as all other financial consequences for his account.
Article 14 Intellectual property
14.1 “Alblas” reserves its rights and powers under the Copyright Act and other intellectual laws and regulations. “Alblas” has the right to use the knowledge gained by the execution of an agreement on its side also for other purposes, as long as no strictly confidential information of the Client is brought to the knowledge of third parties.
14.2 Where intellectual property or ‘know-how’ in the broadest sense of the word is used and marketed without the permission of “Alblas”, “Alblas” reserves the right to prohibit such use and to charge compensation also for any damage suffered as a result. “Alblas” has the option of proceeding to report intentional violations. Some violations are even considered crimes. In addition to a fine, the judge may impose a prison sentence.
Article 15 Applicable law and disputes
15.1 All legal relationships to which “Alblas” is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
15.2 The court in the place of business of “Alblas” has exclusive jurisdiction over disputes, unless the law imperatively prescribes otherwise. Nevertheless, “Alblas” has the right to submit the dispute to the court with jurisdiction under the law.
15.3 The parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.
Article 16 Location and modification of conditions
16.1 The last filed version or the version valid at the time the legal relationship with “Alblas” was established will always apply.
16.2 The Dutch text of the general terms and conditions shall always be decisive for their interpretation.
16.3 These conditions have been filed with the Rotterdam Chamber of Commerce.