Terms and conditions

In these terms and conditions the following terms are used with the following meanings, unless expressly indicated otherwise or the context indicates otherwise:

1. a.Qdriving Rijopleidingen: the user of these terms and conditions: Qdriving Rijopleidingen, registered with the Chamber of Commerce (Kamer van Koophandel) under KvK number 60595000;
2. b.agreement: the agreement between Qdriving Rijopleidingen and the student;
3. c.student: the natural person who has entered into an agreement with Qdriving Rijopleidingen;
4. d.driving lesson: the driving lesson given by Qdriving Rijopleidingen;
5. e.instructor: the natural person who gives the driving lesson on behalf of Qdriving Rijopleidingen.

These terms and conditions apply to every agreement between Qdriving Rijopleidingen and the student and to all driving lessons given by Qdriving Rijopleidingen.

Deviating conditions form part of the agreement only insofar as those conditions have been expressly agreed in writing or by e-mail. In the event of a deviation from one of these conditions, the remaining provisions continue to apply in full.

In the event of a conflict between provisions contained in these conditions and other written agreements forming part of these provisions, the latter prevail.

If one or more of the provisions in these terms and conditions are void or should be annulled, the remaining provisions of these terms and conditions continue to apply in full. The void or annulled provisions will be replaced by Qdriving Rijopleidingen, taking into account as far as possible the purpose and intent of the original provision(s).

Qdriving Rijopleidingen has the right to amend these terms and conditions. The version of the terms and conditions that applied at the time the agreement was formed always applies, unless, after the agreement was formed, the student agreed to the new version of the terms and conditions.

If Q-Driving Rijopleidingen does not always demand strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Qdriving Rijopleidingen would in any way lose the right to demand punctual compliance with the provisions of these terms and conditions in other cases.

The offer of Qdriving Rijopleidingen is non-binding.

An offer does not automatically apply to future agreements.

Manifest errors or mistakes in publications, agreements, e-mail messages or on the website of Q-Driving Rijopleidingen do not bind Q-Driving Rijopleidingen.

The agreement to take a single (trial) driving lesson is formed at the moment the student and Qdriving Rijopleidingen have made an appointment for the single (trial) driving lesson concerned.

The agreement is formed by signing the agreement, by digital or oral confirmation, by payment, or by actually taking a driving lesson from a lesson package or tailor-made package. A separate trial lesson is hereby expressly not regarded as entering into a full driving course agreement.

The first driving lesson is a trial lesson.

The trial lesson lasts 1 hour.

If, within 3 weeks after the trial lesson, the student takes a driving course with Qdriving Rijopleidingen, the costs of the trial lesson are not charged to the student.

If, within 3 weeks after the trial lesson, the student does not take a driving course with Qdriving Rijopleidingen, the costs of the trial lesson are charged to the student. The price of the trial lesson is made known to the student before the trial lesson.

Qdriving Rijopleidingen carries out the work under the agreement to the best of its judgement, expertise and ability.

Qdriving Rijopleidingen is obliged to ensure that:

1. a.Driving lessons are given by an instructor who meets the requirements of the Motor Vehicles (Driving Instruction) Act (Wet rijonderricht Motorrijtuigen, WRM);
2. b.The exam application has been submitted, no later than 2 weeks after the consultation held with the student that the exam can be applied for and after the student has paid the costs of all driving lessons taken, to the Central Office for Driving Certificates foundation (stichting Centraal Bureau Rijvaardigheidsbewijzen, CBR), the CCV or the Bureau for Further Investigation of Driving Ability (Bureau Nader Onderzoek Rijvaardigheid, BNOR).

The student is obliged to:

1. a.Be present during the driving lesson. If the student is not present at the agreed location within 15 minutes of the agreed time, the agreed lesson time lapses and the student has no right to a replacement driving lesson;
2. b.Follow the instructor’s directions during the driving lessons;
3. c.Carry a valid proof of identity during the driving lesson and produce a valid proof of identity at the exam;
4. d.Take part in the driving lessons or the exam sober, i.e. not under the influence of alcohol, narcotics or medicines that may affect driving ability;
5. e.If he takes medication and/or has mental and/or physical conditions that could affect driving ability, make this known to the instructor before the driving lesson;
6. f.Report to Qdriving Rijopleidingen without delay if the student has been disqualified from driving a motor vehicle.

Smoking in the lesson car is not permitted.

If the student misbehaves during the driving lesson, does not observe the instructions given, fails to comply with other obligations arising from the agreement or these terms and conditions, or acts unlawfully towards the instructor, then the instructor is entitled to end the driving lesson prematurely. In that case the fee for the driving lesson remains payable in full and the lesson time not driven lapses, without prejudice to the right of Qdriving Rijopleidingen to compensation for any damage.

If the student cancels the driving lesson with the instructor 24 hours or more in advance, the student is entitled to a replacement driving lesson.

If the student cancels the driving lesson with the instructor less than 24 hours in advance, the lesson time of the driving lesson lapses and the student has no right to a replacement driving lesson or, if it concerns a single driving lesson, the driving lesson is charged to the student.

Article 8.2 does not apply if the student cancels the driving lesson less than 24 hours in advance due to one of the following circumstances:

1. a.The death of a first-degree relative of the student;
2. b.The student has been admitted to hospital, unless the hospital admission is attributable to an act of the student himself.

The student must cancel the driving lesson with the instructor in one of the following ways:

1. a.By e-mail;
2. b.By SMS or WhatsApp message;
3. c.By telephone call (not voicemail).

Qdriving Rijopleidingen has the right to adjust the prices of single driving lessons, lesson bundles and driving courses from time to time. The price for a driving course already purchased is not increased in the interim, unless Article 9.2 applies.

If the CBR increases the prices of the theory exam or of the practical exam, Qdriving Rijopleidingen has the right to pass this increase on to the student. Qdriving Rijopleidingen informs the student in writing or by e-mail of any such price increase.

Stated prices include VAT.

Invoicing of the driving course takes place after the agreement has been signed or after any other manner of formation of the agreement as referred to in Article 4.2.

Invoicing of single driving lessons takes place [before the driving lesson or without delay after the driving lesson].

Invoices received from Qdriving Rijopleidingen must be paid within 7 days of the invoice date.

The costs of all driving lessons taken by the student and of the practical exam must in any event have been paid 14 days before the day of the practical exam.

If the student or his legal representative does not pay the invoice on time, the student or his legal representative, as the case may be, is in default and owes statutory interest, and Qdriving sends a reminder asking the student or his legal representative to pay within a reasonable period.

If the student or his legal representative remains in default of paying the amount due, Qdriving Rijopleidingen may hand the claim over to a third party. In that case the judicial and extrajudicial costs incurred by Qdriving Rijopleidingen to collect the claim are for the account of the student or his legal representative. The extrajudicial collection costs are determined in accordance with the Collection Costs Act (Wet Incassokosten).

Qdriving Rijopleidingen has the right to suspend performance of the agreement for as long as payment is in arrears.

Qdriving Rijopleidingen has the right to reschedule the driving lesson if it has a justified reason for doing so, such as illness of the instructor or the conducting of a practical exam of another student. The student is notified of this as soon as possible by telephone or by e-mail. A new appointment is made with the student for the driving lesson.

The exam guarantee, which forms part of certain driving courses, means that if the student fails the first practical exam, Qdriving Rijopleidingen will, at the student’s request, apply free of charge for a new practical exam for the student. The costs of the driving lessons between the first and the second practical exam are, however, charged to the student.

If the exam does not take place because the student does not appear or appears late, or cannot show the required, valid documents, the costs of applying for a new exam are for the account of the student. In that case the student also cannot rely on the exam guarantee.

At the student’s request, Qdriving Rijopleidingen will arrange the application for a new exam and bear the costs, if the exam does not take place as a result of one of the following events:

1. a.The lesson car with which the exam is to be taken is not available and no lesson car of the same or an equivalent type is available;
2. b.The lesson car with which the exam is to be taken is rejected by the examiner of the CBR, the CCV or the expert of the BNOR and no replacement lesson car of the same or an equivalent type is available.

Qdriving Rijopleidingen indemnifies the student against claims by third parties resulting from collisions, hitting or running over third parties, and traffic offences that took place during the driving lesson and/or the exam. Incidents resulting from intent and/or conscious recklessness on the part of the student, as well as incidents involving the use of alcohol, narcotics or medicines that may affect driving ability, are excluded from this indemnification.

If the student takes a driving lesson even though he has been disqualified by judicial ruling from driving motor vehicles and/or his driving licence has been seized, and the statement made when the agreement was concluded is therefore incorrect, the student or his legal representative fully indemnifies Qdriving Rijopleidingen against the consequences thereof. The student or his legal representative will reimburse in full any fines imposed in this respect and will bear all other financial consequences entirely at his own expense.

Qdriving Rijopleidingen cannot be held to compensate any damage that is a direct or indirect consequence of an event that is in fact beyond its control and thus cannot be attributed to its acts and/or omissions, as described, among other things, in Article 15.

Q-Driving Rijopleidingen is not liable for damage of any nature whatsoever resulting from Qdriving Rijopleidingen having relied on incorrect and/or incomplete information provided by the student.

The liability of Qdriving Rijopleidingen is limited, insofar as this does not conflict with any mandatory statutory provision, to the amount of the payment made by the insurer of Qdriving Rijopleidingen.

The limitations of liability contained in these terms and conditions do not apply if the damage is attributable to intent or conscious recklessness on the part of Qdriving Rijopleidingen.

Qdriving Rijopleidingen is not obliged to perform one or more obligations under the agreement if there is force majeure.

Force majeure includes, among other things: virus infection and computer trespass by third parties, illness of the instructor, traffic disruption, traffic accident, weather conditions, natural disasters, internet outage, terrorism, war, riots, power failure, fire, theft, government measures, as well as any other situation over which Qdriving Rijopleidingen cannot exercise (decisive) control.

If there is a force majeure situation, Qdriving Rijopleidingen informs the student of this as soon as possible.

The student may terminate the agreement in writing at any time. If an appointment for a driving lesson has already been made, Article 8 (cancellation conditions) continues to apply in full.

Qdriving Rijopleidingen is entitled to dissolve the agreement with immediate effect if:

• the student does not (timely) comply with his payment obligations;
• the student behaves improperly;
• the student repeatedly fails to appear for lessons;
• or if other circumstances arise as a result of which continuation of the agreement cannot reasonably be required of Qdriving Rijopleidingen.

Upon premature termination of the agreement, regardless of the reason, the services received are recalculated on the basis of the applicable single rates (outside a package). Any package discounts lapse entirely in that event.

In that case the student owes:

• the amount for driving lessons already received at the single lesson price;
• costs for theory courses and materials;
• exam costs already paid and/or reserved (including CBR, CCV and BNOR), which are non-refundable;
• administrative and other costs incurred.

If, after recalculation, it appears that the student has a credit balance, this amount will be repaid within a reasonable period. If an outstanding balance remains, the student must pay it within seven days of receipt of the invoice

Q-Driving Rijopleidingen processes personal data in accordance with the General Data Protection Regulation (Algemene verordening gegevensbescherming, GDPR (AVG)). For more information about the processing of personal data by Qdriving Rijopleidingen, the student can consult the privacy policy of Qdriving Rijopleidingen, see [link to privacy policy].

Complaints about the driving lesson must be submitted to Qdriving Rijopleidingen in writing or by e-mail as soon as possible after the driving lesson to which the complaint relates.

The student must give Qdriving Rijopleidingen the opportunity to investigate the complaint. The fact that Qdriving Rijopleidingen proceeds to investigate a complaint does not imply that Qdriving Rijopleidingen acknowledges that the work carried out is defective.

If Qdriving Rijopleidingen acknowledges that the work carried out is defective, the student must give Qdriving Rijopleidingen the opportunity to still perform the agreement, unless subsequent performance of the agreement is no longer possible or meaningful.

The agreement between Qdriving Rijopleidingen and the student is governed exclusively by Dutch law.

The court in the place of establishment of Qdriving Rijopleidingen has exclusive jurisdiction to hear disputes. The student has 1 month after Qdriving Rijopleidingen has invoked this clause against the student in writing to opt for the dispute to be settled by the court having jurisdiction under the law.