General Terms and Conditions of Goon AutorijSchool
Article 1 – Definitions
- Goon AutorijSchool: the driving school, located at Gageldijk 2, C-13, 3602 AL Maarssen, with email address info@goonautorijschool.nl, website https://goonautorijschool.nl/, and registered in the Trade Register under number 60693541.
- Student (Cursist): the natural person who has entered into a lesson agreement to follow a driving course and/or takes driving lessons with Goon AutorijSchool.
- Instructor: the WRM-certified person who provides driving lessons to the student.
- Agreement: the lesson agreement between the student and Goon AutorijSchool, including a package for a fixed number of lessons. Agreements are concluded exclusively in digital form via the website of Goon AutorijSchool. The website is designed in such a way that the necessary steps to enter into the agreement are clearly explained, and the student must tick checkboxes during the process, ensuring that no agreement is entered into by mistake.
- CBR: the Central Office for Motor Vehicle Driver Testing (Centraal Bureau Rijvaardigheidsbewijzen), an organization responsible for conducting examinations and assessing whether a person is mentally and physically capable of operating a motor vehicle.
- Package: the lesson agreement for a fixed number of lessons within a specified period, including or excluding an interim test and/or practical exam.
- Driving Lesson: a driving lesson of 45 minutes, given in double sessions (therefore totaling one and a half hours per session).
- Practical Exam: the practical assessment of driving skills conducted by the CBR.
- Interim Test: a mock exam conducted by a CBR examiner.
- Terms and Conditions: these general terms and conditions.
- Checkbox: a small box on a website that a student must tick to make a selection, such as agreeing to the general terms and conditions.
Article 2 – General Provisions
- These terms and conditions apply to all services, agreements, driving lessons, interim tests and/or practical exams.
- These terms and conditions are published on the website of Goon AutorijSchool and can be saved on the student’s digital devices. In addition, the existence and use of these terms and conditions are made known to the student by means of checkboxes on the website of Goon AutorijSchool.
- These terms and conditions also apply if Goon AutorijSchool engages third parties for the execution of the agreements.
- The student can only enter into an agreement with Goon AutorijSchool by ticking a checkbox, thereby explicitly agreeing to these terms and conditions, and has the right to receive proof thereof. For agreements concluded digitally, the student must always tick the checkbox to agree, as without doing so, no agreement can be concluded.
- If one or more provisions of these terms and conditions are wholly or partially null and void or are annulled, the agreement and these terms and conditions shall remain in force for the remainder. The relevant provision shall be replaced by a provision that approximates the intent of the original provision as closely as possible.
- Situations not regulated in these terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.
- Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these terms and conditions.
- If Goon AutorijSchool does not always require strict compliance with these terms and conditions, this shall not mean that these terms and conditions are not applicable, nor that Goon AutorijSchool loses the right to require strict compliance in other cases.
- Goon AutorijSchool reserves the right to amend or supplement these terms and conditions if necessary in connection with regulations and/or legislation.
- Deviations from these terms and conditions are only valid if agreed upon in writing.
Article 3 – Formation of the Agreement
- An agreement is concluded exclusively in digital form via the website of Goon AutorijSchool. The website takes into account the possible situation that the student is (still) a minor. In the case of a minor, the agreement can only be concluded digitally by the legal representative(s) of the student.
- Before entering into the agreement, the student must schedule a trial lesson. The trial lesson is not part of the lesson package to be agreed upon and is therefore not free of charge. The trial lesson is necessary for Goon AutorijSchool to make a proper assessment of the number of lessons the student is expected to need in order to obtain the desired driving license, and subsequently to determine the appropriate lesson package digitally.
- The content and scope of the agreement are determined exclusively by the digital agreement. The student can save the digital agreement on their own device.
- Only digitally recorded agreements or commitments are valid. No rights can be derived from verbal or telephone agreements and commitments.
- Goon AutorijSchool reserves the right to refuse an agreement without stating reasons.
Article 4 – Obligations of the Student
- The student must be at least 16.5 years old to be allowed to take driving lessons.
- During all driving lessons, the student must follow all instructions and/or directions given by the instructor.
- In case of suspicion of the use of alcohol, drugs, and/or medication that may affect driving ability, the lesson will not take place. In such cases, the lesson will still be charged.
- Before starting the driving course, the student must provide all relevant information regarding their medical and/or psychological condition and any medication, alcohol, and/or drug use that may affect the lessons and driving ability.
- The student is responsible for having the required documents for the practical and theory exams. Goon AutorijSchool is not liable if the student is unable to take the practical exam due to missing required documents.
- If the student’s driving license has been revoked or restricted, the student is obliged to inform Goon AutorijSchool. If the student fails to do so, Goon AutorijSchool cannot be held liable.
- The student must be present at the agreed address on time.
- The student must schedule their lessons independently (and on time) via the app. A lesson scheduled in the app is only final after confirmation by Goon AutorijSchool. Until confirmed, the lesson is not considered final.
- The student is not allowed to reserve and/or take an interim test and/or practical exam without the consent of Goon AutorijSchool.
- Before taking the practical exam, the student must possess a valid theory certificate and be able to present a valid ID. The student is responsible for obtaining a valid theory certificate. Without a valid theory certificate, a practical exam cannot be requested.
- The student is obliged to take lessons at least once per week and to do so consistently.
- The student is responsible for obtaining the theory certificate in a timely manner.
- The student is required to use the “On my way” app exclusively for communication with Goon AutorijSchool and for scheduling lessons (including reporting absence for lessons).
Article 5 – Obligations of Goon AutorijSchool
- The instructor complies with the requirements of the Motor Vehicle Driving Instruction Act (WRM).
- All activities and agreements are carried out by Goon AutorijSchool to the best of its knowledge and ability. Goon AutorijSchool cannot guarantee, regardless of the advice provided regarding the lesson package, that a student will pass the practical exam, as there are many circumstances beyond its control or reasonable influence.
- Goon AutorijSchool ensures that each driving lesson is used to its full extent for providing instruction.
- Goon AutorijSchool strives to have lessons conducted by the same instructor as much as possible.
Article 6 – Trial Lesson
- The purpose of a trial lesson is to provide advice on the number of driving lessons required. Without a trial lesson, Goon AutorijSchool cannot provide such advice.
- A trial lesson is not free of charge. Current rates are listed on the website of Goon AutorijSchool.
- The cost of a trial lesson must be paid in advance or immediately during the lesson.
- A trial lesson does not obligate the student to enter into an agreement with Goon AutorijSchool. The student is free to use the advice regarding the lesson package with competitors of Goon AutorijSchool.
Article 7 – Lesson Packages
- Goon AutorijSchool only offers lesson packages from which the student may choose, whether or not following the recommendation from the trial lesson. Goon AutorijSchool offers only the packages listed on its website, which may be updated from time to time.
- Tests and exams are charged separately by Goon AutorijSchool. The package prices apply only to the driving lessons. All current rates are listed on the website of Goon AutorijSchool.
- The contents of the packages are fixed. Any additional required driving lessons, interim tests, and/or practical exams will be charged separately, in addition to the package price.
- A package cannot be canceled.
- All packages are valid for a maximum of 6 months from the conclusion of the agreement. This means that all lessons belonging to the selected package must be fully used, and the interim test and/or practical exam must be taken within this period. If, for any reason, the student does not take the remaining lessons or does not take the practical exam and/or interim test within this time, any entitlement to the remaining lessons or tests lapses.
- A purchased package cannot be modified during the term.
- If the student does not use the full package — for example, because the student appears able to take the practical exam earlier, takes the exam, and passes — Goon AutorijSchool will not settle or refund the price of unused lessons. The student may decide whether to take all lessons included in the selected package. Except in cases of negligence by Goon AutorijSchool, unused lessons will never be refunded or compensated.
- Purchased packages are not transferable to third parties.
- If, in the instructor’s opinion, the student is not ready for the practical exam after completing the lessons in the package, the student cannot proceed to the practical exam. In such a case, the student must take additional lessons until the instructor considers the student ready for the exam. This assessment will be supported by the progress documented on the student progress card.
- If the student decides after purchasing a package to take practical lessons or a practical exam with another driving school, for any reason, this is permitted. Except in cases of negligence by Goon AutorijSchool, previously paid lesson fees will not be refunded.
- Goon AutorijSchool is not responsible for exceeding the number of lessons included in the package and for any additional lessons that must be paid for.
Article 8 – Cancellation of Driving Lessons & Practical Exam
- If a driving lesson cannot take place due to force majeure (such as the instructor’s illness and/or weather and/or traffic conditions), the student will be informed as soon as possible. A new driving lesson will then be scheduled. In such cases, the student is not entitled to any refund and/or compensation.
- A driving lesson must be canceled by the student at least 48 hours in advance (weekends and public holidays extend the 48-hour period). Cancellation is only possible via an app message (through the On My Way app).
- If the student does not cancel a driving lesson at least 48 hours in advance (weekends and public holidays extend the 48-hour period), the full lesson will be deducted from the student’s lesson package balance.
Article 9 – Practical Exam & Driving Lessons
- A practical exam can be requested from the CBR only by Goon AutorijSchool. The student may participate in the practical exam only when the instructor believes the student is capable of doing so. The instructor determines this based on the student’s progress card. Participation in the practical exam is only possible if the student has successfully completed all modules on the progress card. Goon AutorijSchool alone determines whether the practical exam will be requested.
- If Goon AutorijSchool requests a practical exam, the student must hold a valid theory certificate. In addition, the Health Declaration must have been submitted, and the student must have authorized Goon AutorijSchool to apply for the practical exam. The driving school is not liable if the student cannot take the practical exam due to missing required documents.
- Goon AutorijSchool will only request a practical exam if all payments have been made, including any costs for an interim test and/or practical exam. If the practical exam cannot take place due to the student being on holiday because the student failed to report their holiday when the exam was requested, the student is responsible for all resulting costs.
- If the student’s driving privileges are suspended or revoked, the student must report this to Goon AutorijSchool. If the student fails to do so, the driving school is not liable, and the student remains responsible for all fees owed.
- If the CBR, the CCV, or BNOR decides that the practical exam cannot take place at the scheduled time due to severe weather conditions, Goon AutorijSchool may charge the student for the costs already incurred for the reserved instructor and lesson vehicle.
- The student is not required to pay costs for applying for a new practical exam if the exam is postponed due to one of the following situations:
- The student is unable to take the exam due to illness, supported by a doctor’s note presented to Goon AutorijSchool and the CBR within 7 days of the exam date;
- A death in the student’s family up to the second degree within 4 days prior to the exam or on the day of the exam, supported by a death certificate;
- The lesson vehicle or a comparable vehicle is unavailable for the practical exam;
- The lesson vehicle is rejected by the examiner.
- If the practical exam cannot take place because the student arrives late, does not show up, or cannot present the required valid documents, the full costs for applying for a new exam will be charged to the student.
- If the practical exam is postponed by the CBR, Goon AutorijSchool has the right to charge the student for any additional driving lessons needed to maintain exam readiness.
- The results of an interim test and/or practical exam are determined by the CBR examiner. Goon AutorijSchool has no influence on these results.
Article 10 – Termination, Cancellation and/or Dissolution of the Agreement
- If Goon AutorijSchool fails to fulfill its obligations under the agreement and/or these terms and conditions due to an attributable shortcoming (breach of contract), the student has the right—after Goon AutorijSchool has been given a reasonable period to still comply—to terminate the agreement.
- The student may terminate the chosen course only via the “On My Way” app, and only for such urgent reasons that it cannot reasonably be expected of him/her to continue the course.
- Goon AutorijSchool may terminate the agreement in the following situations:
- The student repeatedly fails to follow the instructions and/or directions given by the instructor;
- The student attends driving lessons under the influence of alcohol, drugs, and/or medication;
- The student does not fulfill, or does not fully fulfill, their obligations under the agreement or these terms and conditions;
- The validity period of the lesson package has expired;
- One of the parties passes away;
- The student does not follow the binding advice regarding whether or not to take the practical exam;
- Goon AutorijSchool ceases its business operations.
- If Goon AutorijSchool terminates the agreement, the student cannot claim any refund and/or compensation.
- If the student has not scheduled follow-up lessons within 2 months after the last driving lesson and Goon AutorijSchool has not heard anything from the student during this period, Goon AutorijSchool is entitled to terminate the agreement without notice and without any refund.
- If Goon AutorijSchool proceeds with termination of the agreement, all its claims become immediately due and payable.
- If Goon AutorijSchool suspends the fulfillment of its obligations, it retains all rights arising from the law and the agreement.
- Once the agreement has been concluded, it can no longer be cancelled free of charge by the student.
Article 11 – Invoicing & Payment
- Individual driving lessons must be paid for in cash and/or by debit card prior to the lesson.
- Invoices sent must be paid within 14 days of the invoice date.
- Goon AutorijSchool sends its invoices digitally.
- Any objections to the amount of the invoice do not suspend the student’s payment obligations.
- If the student does not pay on time, the student is in default by operation of law. After the student has been given at least one payment reminder, Goon AutorijSchool is entitled—without further notice of default—to charge statutory interest on the invoiced amount from the due date until the date of full payment.
- Extrajudicial collection costs are calculated in accordance with customary Dutch collection practices.
- All reasonable costs arising from extrajudicial collection of the claim are payable by the student.
- The student also owes statutory interest on the incurred collection costs.
- Payments made will always first be applied to settle all interest and costs owed, and secondly to the oldest outstanding invoices with Goon AutorijSchool.
- In the event of a (extrajudicial) debt restructuring arrangement, bankruptcy of the student, and/or attachment of the student’s assets, all claims of Goon AutorijSchool become immediately due and payable.
- If there is a payment arrears, Goon AutorijSchool will suspend the provision of driving lessons, and no interim tests and/or practical exams will be requested. All services will resume once the student has paid all outstanding amounts, including statutory interest and collection costs.
- Payment in installments is only possible when the student has purchased a lesson package. Payment in installments for individual lessons, interim tests, and/or (re)practical exams is not possible.
- Payment in installments is only allowed after approval from Goon AutorijSchool. The installment amounts will be invoiced separately at the beginning of each agreed installment period, including the agreed number of lessons.
Article 12 – Prices
- Goon AutorijSchool expressly reserves the right to change its prices, particularly when such changes are required due to (legal) regulations.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of printing or typographical errors, Goon AutorijSchool is not obligated to deliver according to the incorrect price.
- Goon AutorijSchool has no influence over price changes made by third parties, such as (but not limited to) the CBR.
Article 13 – Liability
- Any liability of Goon AutorijSchool is limited to what is regulated in these terms and conditions.
- Goon AutorijSchool is insured for liability with respect to damages to third parties and to the student.
- All liability of Goon AutorijSchool is limited to the amount paid out by the insurer as compensation for the incident in question.
- Goon AutorijSchool is not liable for damages resulting from intent or gross negligence on the part of the student. This includes, for example, the use of alcohol, narcotics, or medication that affects driving ability. This also applies when it becomes apparent that the student is not authorized or medically fit to drive a vehicle, or when damage results from misconduct and/or failure to follow the instructor’s instructions and/or directions.
- Goon AutorijSchool is not liable for fines or other financial consequences if the student—despite their own declaration—is not authorized to operate the training vehicle.
- Goon AutorijSchool is not liable for any damage of any kind resulting from incorrect and/or incomplete information provided by or on behalf of the student.
- Goon AutorijSchool is not liable for errors resulting from agreements carried out by third parties (such as, but not limited to, the CBR).
- Goon AutorijSchool is not liable for changes to its agreements, packages, activities, or services when such changes are required due to technological developments, policy changes, or amendments to laws and regulations.
- Any liability on the part of Goon AutorijSchool expires after 1 year. After this period, any right to compensation lapses.
- Goon AutorijSchool is not liable in the event of force majeure.
- The liability limitations included in this article do not apply if the damage is due to intent or gross negligence by Goon AutorijSchool.
Article 14 – Force Majeure
- Parties are not obliged to fulfill any obligation if such fulfillment is prevented due to a circumstance that is not attributable to fault and is not their responsibility under the law, legal acts, or generally accepted standards.
- In these terms, force majeure includes, in addition to what is understood by law and jurisprudence, all external causes—foreseen or unforeseen—beyond the parties’ control, which prevent them from fulfilling their obligations. This includes strikes within the business of Goon AutorijSchool or third parties.
- Goon AutorijSchool has the right to invoke force majeure if the circumstances preventing (further) performance of the agreement occur after Goon AutorijSchool should have fulfilled its obligations.
- Goon AutorijSchool has the right to suspend its obligations under the agreement during the period of force majeure. If this period exceeds one month, both the student and Goon AutorijSchool are entitled to dissolve the agreement without any obligation to compensate the other party for any damages suffered. If the above situation occurs when the agreement has already been partially executed, Goon AutorijSchool has the right to invoice the performed part separately. The student is then required to pay this invoice as if it concerned a separate agreement.
Article 15 – Complaints
- Complaints regarding the services, agreement, and/or invoice of Goon AutorijSchool must be submitted in writing and with justification within 3 working days. After this period has expired, the services and/or invoice are deemed approved, and all related rights lapse.
- Goon AutorijSchool does not process complaints relating to advice regarding whether or not to request the practical exam.
- Any complaints concerning the CBR must be submitted directly to the CBR.
- A complaint does not suspend the student’s payment obligations or other obligations under the agreement, unless Goon AutorijSchool has confirmed in writing that the complaint is justified. In that case, the complaint will be resolved in accordance with paragraph 6 of this article.
- Goon AutorijSchool handles complaints within 14 days. If a longer handling period is required, the student will be informed.
- If the complaint is justified, Goon AutorijSchool may choose between adjusting the invoice, correcting the services free of charge, or performing the services again.
Article 16 – Competent Court
- All agreements and disputes are subject exclusively to Dutch law, even if the student resides abroad.
- All disputes between Goon AutorijSchool and a student must first be attempted to be resolved mutually before being submitted to the competent court. Disputes that cannot be resolved through mutual consultation will be submitted exclusively to the competent Dutch court.