TERMS AND CONDITIONS RIJSCHOOL BAAS

General

These Terms and Conditions of Rijschool Baas have been drawn up to establish clear agreements between the driving school and its students. They aim to safeguard the quality of our services and describe the mutual rights and obligations of both parties. These conditions have been applicable since 2 January 2005, the date on which Rijschool Baas was founded.

These Terms and Conditions apply to all agreements concluded between Rijschool Baas and its students.

The driving lesson agreement sets out further arrangements regarding the chosen training programme, including theory lessons, practical lessons, lesson packages or other forms of training. The agreement becomes legally binding once it has been confirmed in writing or digitally by both parties.

Students must actively accept these Terms and Conditions before starting their driving training. The conditions are provided digitally or in writing and can always be consulted via the Rijschool Baas website or student app. They are also available for inspection in the training vehicle through the driving instructor.

Article 1 – Obligations of Rijschool Baas

1. Employ driving instructors who are certified in accordance with the Dutch Motor Vehicle Driving Instruction Act (WRM).
2. Provide as much continuity as possible by allowing students to take lessons with the same instructor.
3. Discuss the student's progress at least once every three lessons, also taking the driving examination requirements into account.
4. Apply for the practical driving examination with the CBR or BNOR within two weeks after payment and mutual agreement.
5. Provide an identical or equivalent training vehicle for the examination to the vehicle used during driving lessons.
6. Use the full agreed lesson duration for actual driving instruction, without unnecessary interruptions.
7. Rijschool Baas maintains valid statutory motor vehicle liability insurance (WA) in accordance with the Dutch Motor Insurance Liability Act (WAM), with minimum coverage of €6,450,000 for personal injury and €2,500,000 for property damage per incident. This insurance also covers damage caused during driving lessons, provided that the instructor is present and supervising.
8. Actively inform students about medical conditions that may affect their fitness to drive.
9. Inform students about the possible consequences of their residence status for obtaining a driving licence.
10. Explicitly inform students of their obligation to immediately notify the driving school of any driving disqualification.
11. If a driving lesson must be cancelled by the driving school, for example due to instructor illness or vehicle breakdown, the student will be informed as soon as possible. The lesson will be rescheduled free of charge.

Article 2 – Obligations of the Student

1. Attend the agreed lesson dates and times as recorded in the student app. A maximum waiting time of 15 minutes applies.
2. Cancel driving lessons no later than 48 hours before the scheduled start. Saturdays, Sundays and recognised public holidays are not counted, except in cases of demonstrable force majeure, such as very serious illness or the death of an immediate family member.
3. Follow all directions and instructions given by the driving instructor during lessons.
4. Consistently follow the agreed lesson schedule until the practical driving examination.
5. Present valid identification and, where required, a valid theory certificate when attending the practical driving examination.
6. Report medical circumstances that may affect driving ability in a timely and complete manner.
7. Grant Rijschool Baas authorisation through DigiD to apply for the practical driving examination.
8. Immediately inform the driving school of any driving disqualification once it applies.
9. The term "in writing" also includes communication by email to the official email address of Rijschool Baas.
10. Driving lessons that are not recorded in the official lesson schedule, such as the student app, fall entirely outside the responsibility and insurance coverage of Rijschool Baas.

Article 3 – Payment

1. Rijschool Baas may charge registration and administration fees before entering into the lesson agreement.
2. Unless otherwise agreed in writing with Rijschool Baas, all payments for driving lessons, theory training and examinations must be made through the student app, an invoice or a bank transfer.
3. Rijschool Baas reserves the right to change lesson prices. Package prices remain unchanged unless examination fees are increased by law or the package has not been used for more than one year.
4. Lesson packages automatically expire two years after the purchase date, regardless of the number of lessons taken. No refund will be provided for unused lessons.
5. After one year from the purchase date, the remaining credit in the lesson package will automatically be adjusted to the lesson price applicable at that time, including adjustments resulting from increases in CBR fees and general price increases. This adjustment is binding and not subject to discussion.
6. Within this period, the remaining lesson package may be transferred to a third party in writing, provided that prior written permission has been obtained from Rijschool Baas.
7. If payment is not received, the student will receive a payment reminder within six days, or earlier if more than two driving lessons have been taken without payment.
8. If payment is still outstanding five working days after this reminder, a formal notice of default will be issued. From that moment, the student will owe statutory interest in accordance with Article 6:119 of the Dutch Civil Code.
9. A request for payment deferment will only be considered if the student agrees to pay statutory interest on the deferred amount.
10. In cases of repeated or prolonged non-payment, the outstanding debt will be transferred to a debt collection agency. Extrajudicial collection costs will be charged to the student, with a minimum of 15% of the outstanding amount. These costs are calculated in accordance with the Dutch Extrajudicial Collection Costs Decree (BIK).
11. In cases of persistent payment default, Rijschool Baas reserves the right to terminate the lesson agreement unilaterally, provided that this has been announced in writing beforehand.
12. Rijschool Baas does not accept cash payments. All payments must be made exclusively through one of the following methods:
    1. The student app provided by Rijschool Baas;
    2. An official invoice issued by Rijschool Baas;
    3. A bank transfer to account number NL17 RABO 0103 9654 16, in the name of Rijschool Baas. Any deviation from these payment methods is only valid if agreed in writing with Rijschool Baas in advance. Verbal or individual arrangements with instructors are invalid without the driving school's express approval.
13. If the student purchases a lesson package through the student app or by another means of distance selling, a statutory cooling-off period of 14 days applies from the purchase date. During this period, the student may withdraw from the agreement. If the student agrees that the lesson package may start immediately, Rijschool Baas is entitled to charge proportionately for lessons already taken and any administration fees. The remaining lesson fees will be refunded. This statutory cooling-off period applies exclusively to agreements concluded remotely through the student app or website. This arrangement does not apply to purchases and payments made in the training vehicle or at a physical location.

Article 4 – Practical Driving Examination

1. Examination fees must be paid in full when the practical driving examination is requested.
2. Within 14 days after granting DigiD authorisation, the student has the right to inspect the digital application record for the practical driving examination as managed through the CBR portal.
3. If the examination cannot take place due to circumstances attributable to the student, such as arriving late, failing to present valid Dutch identification, a valid residence permit or a valid theory certificate, the full costs of a new application will be charged to the student.
4. If the examination cannot take place due to a holiday period previously reported by the student, any additional costs will be borne by Rijschool Baas.
5. Rijschool Baas is entitled to pass on interim tariff increases imposed by the CBR or BNOR to the student, unless a package price has already been paid. In that case, only government-imposed examination fee increases will be passed on.

Article 5 – Cancellation or Delay of the Examination

1. If the practical driving examination is cancelled by the CBR or BNOR due to weather conditions or external force majeure, Rijschool Baas is entitled to charge a maximum of one additional driving lesson for rescheduling the examination.
2. If the examination cannot take place due to:
   1. A timely and demonstrable situation of force majeure as described in Article 2.2;
   2. The absence of the appropriate training vehicle due to circumstances attributable to the driving school;
   3. Or the rejection of the training vehicle at the start of the examination without an alternative vehicle being available;
   Rijschool Baas will submit a new application for the practical driving examination free of charge, including the associated administrative processing.

Article 6 – Termination of the Agreement

1. In principle, early termination of lesson packages or training programmes with a fixed duration is not permitted. Refunds of paid lesson fees will only be provided in the event of the student's death or demonstrable permanent medical unfitness to operate a motor vehicle, as established by a doctor or medical specialist.
2. In all other cases, the lesson package may only be transferred to a third party, provided that prior written permission has been obtained from Rijschool Baas.
3. Rijschool Baas may only terminate the agreement under serious circumstances, such as non-payment, repeated misconduct or persistent failure to comply with agreements. In such cases, the right to a refund expires unless Rijschool Baas decides otherwise.
4. Examination fees, administration fees and other charges are never refunded, regardless of whether these amounts have already been paid to the CBR or other organisations.
5. The first driving lesson is considered a non-binding trial lesson. This means that the student is free to decide after the trial lesson whether to purchase a lesson package. However, the trial lesson is not free of charge and is billed separately at the applicable lesson rate. If the student decides not to continue the driving training, payment for the trial lesson remains due. If the student takes a second driving lesson after the trial lesson, this is considered confirmation of participation in the training programme. If no payment is made within seven days thereafter, an invoice will automatically be issued for the chosen lesson package or for the two individual lessons.

Article 7 – Liability and Indemnification

1. Rijschool Baas is liable for damage suffered by the student during driving lessons or examinations conducted under the direct supervision of the driving instructor. Supervision is defined as the period from entering the vehicle until leaving it. Exceptions apply where the damage is caused by:
   1. Intentional misconduct or gross negligence on the part of the student;
   2. The student's use of alcohol, drugs or medication that affects driving ability;
   3. If the student falsely declares that they are legally permitted to drive while subject to a driving disqualification or another legal restriction, they are fully liable for all resulting damage, costs, fines and any claims made by third parties.

Article 8 – Processing of Personal Data

The student's personal data will be processed in accordance with the General Data Protection Regulation (GDPR). These data will only be used for:

1. The performance of the lesson agreement;
2. Communication regarding lessons, schedules and examinations;
3. And, with the student's consent, making personalised offers or promotions.

The student has the right to object at any time to the use of their personal data for direct marketing. Personal data will not be shared with third parties unless necessary for the performance of the agreement, such as applying for examinations through the CBR, or where required by law.

Article 9 – Complaints Procedure

If a student has a complaint regarding the driving training, instructor or administration, the complaint must be submitted to Rijschool Baas in writing or by email. The driving school will acknowledge receipt within five working days and aims to provide a substantive response within 14 days.