General conditions

Article 1 Definitions

1. DriveCity, onderedeel van Zomer Verkeersopleidingen: The driving school, located at Gageldijk 2, C-13, 3602 AL Maarssen, Netherlands, with email address info@rijschoolzomer.nl, website www.rijschoolzomer.nl, and registered in the Commercial Register under number 60693541.

2. Student: The natural person who has entered into a lesson agreement to follow a driving course and/or takes driving lessons with Zomer Verkeersopleidingen.

3. Instructor: The WRM-certified person who provides driving instruction to the student.

4. Agreement: The lesson agreement between the student and Zomer Verkeersopleidingen, including a package for a fixed number of lessons. Agreements are concluded exclusively digitally via the website of Zomer Verkeersopleidingen. The website is configured to guide the student through the required steps to enter into the agreement and requires the student to check boxes at intermediate steps so that an agreement is never entered into by mistake.

5. CBR: The Central Office for Motor Vehicle Driver Testing foundation (Stichting Centraal Bureau Rijvaardigheidsbewijzen), an organization responsible for administering driving exams and assessing whether an individual is mentally and physically fit to drive a motor vehicle.

6. Package: The lesson agreement for a fixed number of lessons during a specific period, including or excluding an interim test and/or practical exam.

7. Driving lesson: A driving lesson lasting 60 minutes.

8. Practical exam: The practical driving test administered by the CBR.

9. Interim Test: A mock exam administered by a CBR examiner.

10. Terms: These present terms and conditions.

11. Checkbox: A small box on a website that a student must click to make a selection, such as agreeing to the general terms and conditions.

Article 2 General Provisions

1. These terms apply to all services, agreements, driving lessons, interim tests, and/or practical exams.

2. These terms are stated on the Zomer Verkeersopleidingen website and can be saved onto digital media by the student. Additionally, the existence and application of these terms by Zomer Verkeersopleidingen are made known to the student via checkboxes on the website.

3. These terms also apply if Zomer Verkeersopleidingen needs to involve third parties for the execution of agreements.

4. The student can only enter into an agreement with Zomer Verkeersopleidingen after checking a box explicitly agreeing to these terms. For digitally concluded agreements, the student must check the agreement box at all times, as an agreement will not come into effect without this step.

5. If one or more provisions in these terms are wholly or partially void or annulled, the remaining agreement and terms shall remain in force, and the provision concerned will be replaced by a provision that approximates the original intent as closely as possible.

6. Situations not covered by these terms shall be judged “in the spirit” of these terms.

7. Unclarities regarding the interpretation or content of one or more provisions of these terms must be interpreted “in the spirit” of these terms.

8. If Zomer Verkeersopleidingen does not always demand strict compliance with these terms, this does not mean that these terms no longer apply or that Zomer Verkeersopleidingen loses the right to demand strict compliance in future cases.

9. Zomer Verkeersopleidingen has the right to amend or supplement the terms if necessary due to changes in rules and/or legislation.

10. Deviations from these terms are only valid if agreed upon in writing.

Article 3 Indemnification and Reputational Damage

1. The dissemination of incorrect, slanderous, or libelous statements about Zomer Verkeersopleidingen or its employees on public platforms or in other media is considered an unlawful act (tort). Zomer Verkeersopleidingen explicitly reserves the right to take legal action in such cases and to hold the person concerned liable for damages suffered by Zomer Verkeersopleidingen, including but not limited to reputational damage.

Article 4 Formation of the Agreement

1. An agreement comes into effect exclusively digitally via the website of Zomer Verkeersopleidingen. The website accounts for situations where the student is (still) a minor. For minor students, the agreement can only be entered into digitally by the legal representative(s) of the student.

2. Before entering into the agreement, the student must schedule a trial lesson. The trial lesson is not part of the agreed lesson package and is therefore not free. The trial lesson is necessary for Zomer Verkeersopleidingen to make a proper assessment of the expected number of lessons required for the student to obtain the desired driving license, enabling the selection of the appropriate digital lesson package.

3. The content and scope of the agreement are determined exclusively by the digital agreement. The student can save the digital agreement on their own media.

4. Only digitally recorded agreements or commitments are valid. Parties cannot derive rights from verbal or telephone agreements or commitments.

5. Zomer Verkeersopleidingen reserves the right to refuse an agreement without providing reasons.

Article 5 Student Obligations

1. The student must be at least 16.5 years old to take driving lessons.

2. During all driving lessons, the student must follow all directions and/or instructions from the instructor.

3. In case of suspected use of alcohol, narcotics, and/or medication that could affect driving ability, the driving lesson will not take place. In such cases, the lesson will still be charged.

4. Before starting driving instruction, the student must provide all relevant information concerning their medical and/or psychological condition, as well as medication, alcohol, and/or drug use that could influence driving lessons, driving ability, or license eligibility.

5. The student is personally responsible for possessing the required and mandatory documents during practical and theory exams. Zomer Verkeersopleidingen is not liable for consequences if the student cannot take a practical exam due to missing required documents.

6. In the event of a driving disqualification, the student is obliged to report this to Zomer Verkeersopleidingen. If the student fails to report this, Zomer Verkeersopleidingen cannot be held liable.

7. The student must arrive at the agreed address on time.

8. The student must schedule driving lessons in a timely manner via the app. A lesson scheduled in the app is only final once confirmed in the app by Zomer Verkeersopleidingen. As long as a lesson is unconfirmed by Zomer Verkeersopleidingen, it is not finalized.

9. The student is not permitted to reserve or take an interim test and/or practical exam without prior agreement from Zomer Verkeersopleidingen.

10. Before taking the practical exam, the student must possess a valid theory certificate and present a valid photo ID. The student is personally responsible for obtaining a valid theory certificate. A practical exam cannot be requested without a valid theory certificate.

11. The student is required to take lessons at least once a week and maintain consistent lesson frequency.

12. The student is personally responsible for obtaining the theory certificate in a timely manner.

13. The student is required to exclusively use the “On my way” app for mutual communication with Zomer Verkeersopleidingen and for scheduling lessons (including submitting absences).

Article 6 Obligations of Zomer Verkeersopleidingen

1. The instructor meets the requirements of the Motor Vehicle Driving Instruction Act (Wet Rijonderricht Motorrijtuigen – WRM).

2. All work and agreements are carried out by Zomer Verkeersopleidingen to the best of its ability and judgment. Zomer Verkeersopleidingen cannot guarantee, regardless of advice given on the lesson package, that a student will pass the practical exam, as many external circumstances exist beyond its control.

3. Zomer Verkeersopleidingen ensures that the full duration of a driving lesson is used for instruction.

4. Zomer Verkeersopleidingen strives to ensure that driving lessons are provided by the same instructor as much as possible.

Article 7 Trial Lesson

1. The goal of a trial lesson is to advise on the number of driving lessons needed. Without a trial lesson, Zomer Verkeersopleidingen cannot provide advice.

2. A trial lesson is not free. Current rates are listed on the Zomer Verkeersopleidingen website.

3. The costs for a trial lesson must be paid in advance or directly during the lesson.

4. A trial lesson does not obligate the student to enter into an agreement with Zomer Verkeersopleidingen. The student is free to use the lesson recommendation with competitors of Zomer Verkeersopleidingen.

Article 8 Lesson Packages

1. Zomer Verkeersopleidingen exclusively offers lesson packages, from which the student can choose (whether or not following advice from the trial lesson). Zomer Verkeersopleidingen only offers packages listed on its website, which may be updated from time to time. Tests and exams are billed separately to the student. Package prices relate solely to driving lessons. Current rates are listed on the website.

2. The content of packages is fixed. Any additional driving lessons, interim tests, and/or practical exams required will be invoiced separately alongside the package price.

3. A package cannot be canceled once purchased.

4. All packages are valid for a maximum of 6 months after the agreement is formed. This means all lessons belonging to the package must be fully used, and the interim test and/or practical exam completed within this timeframe. If the remaining lessons or tests are not completed within this period, regardless of reason, all claims to remaining lessons or tests expire.

5. A purchased package cannot be modified during its term.

6. If a student does not fully use a package—for example, because the student is ready to take the exam earlier and passes—Zomer Verkeersopleidingen will not refund or offset remaining lesson fees. The student decides whether all included lessons are taken. Except in cases of default by Zomer Verkeersopleidingen, unused lessons are never refunded or offset.

7. Purchased packages are non-transferable to third parties.

8. If the instructor determines that the student is not ready for the practical exam after the last package lesson, the student cannot sit the exam. In that case, the student must take extra lessons until the instructor agrees they are ready, supported by student progress tracking.

9. If a student decides to switch to another driving school for lessons or exams after purchasing a package, this is permitted. Except in cases of default by Zomer Verkeersopleidingen, prepaid lesson fees will not be refunded.

10. Zomer Verkeersopleidingen is not responsible for exceeding package lesson estimates or additional costs for required extra lessons.

Article 9 Cancellation of Driving Lessons & Practical Exam

1. If a lesson cannot proceed due to force majeure (such as instructor illness, weather, or traffic conditions), the student will be informed as soon as possible and a new lesson will be scheduled. The student cannot claim refunds or compensation in such cases.

2. A lesson must be canceled by the student at least 48 hours in advance (weekends and public holidays extend this 48-hour period). Cancellations are only possible via app message (via the “On my way” app).

3. If the student fails to cancel 48 hours in advance, the full lesson fee will be deducted from the lesson package credit balance.

Article 10 Practical Exam & Driving Lessons

1. A practical exam can only be requested from the CBR by Zomer Verkeersopleidingen. The student can only participate in the exam when the instructor deems them capable, based on their digital progress card. Participation is only possible if all modules on the progress card are successfully passed. Requesting an exam remains at the sole discretion of Zomer Verkeersopleidingen.

2. To apply for a practical exam, the student must possess a valid theory certificate, have submitted a Health Declaration (Gezondheidsverklaring), and authorized Zomer Verkeersopleidingen to request the exam. The school is not liable if the student cannot take the exam due to missing documents.

3. Zomer Verkeersopleidingen will only apply for an exam if all payments have been settled, including test and exam fees. If an exam cannot proceed due to student vacation not reported during application, the student bears all resulting costs.

4. In case of a driving disqualification, the student must inform Zomer Verkeersopleidingen. Failure to do so releases the school from liability while the student remains liable for fees.

5. If the CBR, CCV, or BNOR cancels an exam due to bad weather, Zomer Verkeersopleidingen may charge the student for reserved instructor and vehicle time.

6. The student will not owe costs for rebooking a practical exam in the following situations:

   • Inability to attend due to illness, supported by a doctor’s note presented within 7 days of the exam date to the school and CBR.

   • Death of a relative up to the second degree within 4 days before or on the exam day, supported by a death certificate.

   • The instructional vehicle or equivalent is unavailable for the exam.

   • The instructional vehicle is rejected by the examiner.

7. If an exam does not proceed due to non-appearance, lateness, or missing valid documents by the student, all costs for a new application are fully borne by the student.

8. If the CBR postpones an exam, Zomer Verkeersopleidingen reserves the right to charge for extra lessons needed to maintain test-level proficiency.

9. Exam and test results are determined solely by the CBR examiner. Zomer Verkeersopleidingen has no influence over results.

Article 11 Termination, Cancellation, and Rescission

1. If Zomer Verkeersopleidingen fails to meet its obligations under the agreement or terms (breach of contract), the student has the right to terminate the agreement after giving a reasonable period for remedy.

2. The student may only terminate training via email for urgent, compelling reasons that make continuation unreasonable.

3. Zomer Verkeersopleidingen may terminate the agreement if:

   • The student repeatedly fails to follow instructor directions.

   • The student attends lessons under the influence of alcohol, drugs, or medication.

   • The student fails to fulfill agreement obligations.

   • The validity period of the lesson package expires.

   • Either party passes away.

   • The student rejects binding advice regarding exam readiness.

   • Zomer Verkeersopleidingen ceases business operations.

4. If Zomer Verkeersopleidingen terminates the agreement, the student cannot claim any refund or compensation.

5. If a student fails to make follow-up appointments within 2 months of their last lesson and no contact is made, Zomer Verkeersopleidingen is entitled to terminate the agreement without notice or refund.

6. Upon contract termination by Zomer Verkeersopleidingen, all outstanding claims become immediately due.

7. Once concluded, the agreement cannot be canceled free of charge by the student.

Article 12 Invoicing & Payment

1. Individual driving lessons must be paid prior to the lesson via cash or debit card.

2. Invoices sent must be paid within 14 days of the invoice date.

3. Invoices are issued digitally.

4. Objections to invoice amounts do not suspend the student’s payment obligation.

5. Late payments put the student automatically in default. Zomer Verkeersopleidingen may charge statutory interest from the due date after sending at least one reminder.

6. Extrajudicial collection costs are calculated in accordance with standard Dutch collection practices.

7. All reasonable extrajudicial debt collection costs incurred are payable by the student.

8. In the event of student debt restructuring, bankruptcy, or asset seizure, all claims become immediately due.

9. In case of payment arrears, driving lessons and exam bookings will be suspended until all outstanding amounts, interest, and collection fees are paid in full.

10. Installment payments are only possible for package purchases upon prior approval from Zomer Verkeersopleidingen.

Article 13 Pricing

1. Zomer Verkeersopleidingen explicitly reserves the right to adjust prices, particularly when required by statutory regulations.

2. All prices are subject to printing and typographical errors. No liability is accepted for typographical errors, nor is the school obligated to deliver at erroneous prices.

3. Zomer Verkeersopleidingen has no control over third-party price changes (such as CBR fees).

Article 14 Liability

1. Any liability of Zomer Verkeersopleidingen is strictly limited to what is governed in these terms.

2. Zomer Verkeersopleidingen maintains liability insurance covering damage to third parties and students.

3. Liability is capped at the amount paid out by the insurer for the event in question.

4. Zomer Verkeersopleidingen is not liable for damages caused by intent or gross negligence of the student (e.g., substance use, lack of legal driving authorization, or disobeying instructor instructions).

5. Zomer Verkeersopleidingen is not liable for fines or consequences resulting from false student statements regarding driving fitness.

6. Claims against Zomer Verkeersopleidingen expire after 1 year.

Article 15 Force Majeure

1. Parties are not bound to fulfill obligations if hindered by circumstances not attributable to fault or legal accountability.

2. Force majeure includes all external causes, foreseen or unforeseen, beyond control (including strikes at the school or third-party organizations).

3. Obligations are suspended during force majeure. If force majeure exceeds 1 month, either party may rescind the agreement without compensation, paying only for services rendered up to that point.

Article 16 Complaints

1. Complaints regarding services or invoices must be submitted in writing with justification within 3 business days, after which services/invoices are deemed accepted.

2. Complaints regarding technical advice on exam readiness will not be processed.

3. Complaints regarding the CBR must be submitted directly to the CBR.

4. Submitting a complaint does not suspend payment obligations.

5. Zomer Verkeersopleidingen resolves complaints within 14 days.

Article 17 Applicable Law and Competent Court

1. Dutch law applies exclusively to all agreements and disputes, even if a student resides abroad.

2. Parties will attempt to resolve disputes mutually before seeking legal recourse. Unresolved disputes shall be submitted exclusively to the competent Dutch court.