algemene-voorwaarden

Contents:

• Scope
• Payments
• Right of withdrawal
• Cancellation
• Learner’s obligations
• Responsibility of VAB Driving School
• Certificate of competence and other certificates
• Disputes
• Privacy
• Special terms and conditions
• General conditions of return event

1. Scope

By signing a quotation from VAB Driving School, or by online enrolment and/or reservation on the website of VAB Driving School, the learner declares to have read and to accept the general terms and conditions of VAB Driving School

These general terms and conditions form one whole with the special conditions applicable to the selected course, which the learner also declares to have read and accepted.

2. Payments

All lessons and test reservations must be paid in full at the time of enrolment. This can be done by bank card or cash at our offices.

Regarding the practical lessons: if the learner does not get behind the wheel during trips on the public highway, those trips will not be taken into account when calculating the hours of lessons. However, when the instructor demonstrates a manoeuvre, this is considered part of the lesson and does not fall under the application of this rule. No other services than those for which the contract specifies a rate may be charged. (RD 11/04/2004 _ Accreditation of driving schools. Art. 23 §7)

Non-payment or late payment of the invoice shall give rise, by operation of law and without prior notice, to a lump-sum increase of 10% of the amount due, with a minimum of 50 euros, in addition to statutory default interest. Late payment also voids the guarantee of appointments made and scheduled lessons.

Unless otherwise specified, all invoices are payable no later than 10 business days prior to the start of the scheduled training. Failure to pay an invoice by this due date shall render all outstanding amounts immediately due and payable, irrespective of pre-authorised payment terms.

For the applicable rates: see the special terms and conditions. All rates are indexable annually.

3. Right of withdrawal

In accordance with Article VI.53,12° of the Code of Economic Law, the right of withdrawal in online purchases does not apply to driving lessons and group courses. The administrative charge is an integral part of the purchase price and can never be refunded.

4. Cancellation

4.1For the cancellation or rescheduling of driving lessons and theory lessons in Categorys A, AM and B up to 5 working days (*) and exam support up to 5 working days in advance, only the administrative charge will be due. In case of cancellation or rescheduling at shorter notice, the full tuition fee will be due.

4.2. Driving lessons in Categorys BE, C, CE, D and further training may be cancelled free of charge up to 10 working days before the start of the course, unless otherwise indicated. In the event of cancellation 10 to 5 working days before the start of the course, 50% of the agreed price will be charged.

4.3. Lessons as part of the Safe Drivers Plan and all other lessons which are not official driving lessons may be cancelled free of charge up to 3 weeks before the start of the course unless otherwise indicated. In the event of cancellation between the third and the last week before the start of the course, 50% of the agreed price will be charged. In the event of cancellation within 7 days before the start of the course, 100% of the agreed price will be charged.

4.4. Exceptions:

• In case of cancellation or rescheduling at short notice due to force majeure, and this is proven (e.g. by a doctor’s certificate), only half of the tuition fee will be charged. However, the exam fees are always due in full as VAB Driving School itself remains liable for those fees to the exam centre.
• If a dual course is cancelled, the full tuition fee will always be due, regardless of the cancellation period.
• The administrative charge paid can never be refunded if lessons or tests are cancelled.

4.5. For its part, VAB Driving School has the right to reschedule or cancel lessons and courses in case of force majeure (illness of the instructor, defective vehicle, weather conditions, additional tests, etc.) without this giving rise to any right to compensation or reimbursement to the learner other than a replacement lesson or course. There is only the right to reschedule these lessons.

(*) Working days means all days in a normal working week, i.e. Monday, Tuesday, Wednesday, Thursday and Friday.

5. Learner’s obligations

1. Training courses (including extra lessons) can only be booked on the website www.vabrijschool.be or at our offices. Booking directly with the instructor is not permitted.
2. The learner is always obliged to disclose all relevant information regarding his/her provisional driving licence (theoretical test, number of test attempts and whether or not he/she already held a provisional driving licence in the past) or, if applicable, code 95 on his/her driving licence, to VAB Driving School at the time of enrolment.
3. If the learner does not show up for the test or shows up late due to causes attributable to him, he must pay all costs of the practical test (exam support and exam centre surcharge).
4. If the test cannot take place because the learner was unable to submit the correct valid documents (see the special terms and conditions), he must pay all the costs of the practical test (exam support and exam centre surcharge).
5. Lesson times are agreed upon between the learner and the driving school. Appointments must be kept punctually. The learner is required to show up for lessons on time. If the learner arrives 30 minutes late for a practical B lesson for which a legal certificate is issued, one additional hour must be followed to obtain the legal certificate.
6. If the learner arrives more than 15 minutes late for a Code 95 lesson or for a theory lesson regardless of which category, the instructor is obliged to bar the learner from the course. A learner who leaves the lesson early will be considered absent. In such case, no certificate will be issued or registration made in CRONOS.
7. Smoking is prohibited in the driving school vehicles. Driving in high-heeled shoes is not allowed. If the lesson cannot take place or is delayed as a result of this, the tuition fees will still be charged.
8. The learner must refrain from drug or alcohol use during the lessons. Suspected use of alcohol and or drugs at the start or during theory or practical lessons may give rise to mandatory withdrawal from the course. In this case, the full tuition fee will remain due.
9. During the driving test, the learner is personally responsible for traffic violations and the resulting fines; in such case, the instructor cannot intervene without negatively affecting the test evaluation.
10. During a Code 95 practical lesson with the learner’s own vehicle, the learner is personally responsible for traffic violations and the resulting fines.
    
    

6. Responsibility of VAB Driving School

1. VAB Driving School cannot be held responsible if the learner is barred from the exam centre due to administrative problems or incorrect information. In the case of a Code 95 course, VAB Driving School cannot be held responsible for any consequences if it subsequently turns out that the learner is not in possession of Code 95.
2. VAB Driving School cannot be held responsible for changes in the training or exam regulations due to changes in the law.
3. VAB Driving School makes every effort to ensure that the information given is complete and accurate. Despite these efforts, inaccuracies may still occur. VAB Driving School cannot be held liable for direct or indirect damage arising from the use of the information given. Errors or inaccuracies may always be reported in writing or by email.
4. Every VAB Driving School vehicle is covered by an insurance policy for:

• Third-party liability of the learner, as driver and as passenger.
• Damage caused, under all circumstances, to the learner or his belongings during and by the use of this driving school vehicle.
• This policy stipulates that the insurer (except in case of gross negligence or intent) will waive all recourse against the learner. The cover for damage to the learner’s belongings is limited to €1,000. (RD 11/05/2004 Accreditation of driving schools. Art. 19). Any damage caused by the learner’s own vehicle is not covered by an insurance policy of the driving school.

7. Certificate of competence and other certificates

No certificate of competence will be issued by the driving school if the instructor is of the opinion that the learner is not competent to continue his training on the public highway without supervision. During the planned evaluation moments, the instructor will discuss the learner’s progress with the learner. For a certificate of competence, the learner must have effectively completed a minimum of 20 hours of lessons.

The cost of issuing a legal certificate is included in the tuition fee. €10.00 will be charged for issuing a duplicate of this certificate.

8. Disputes

In case of complaints, the learner should write to the VAB Driving School management at the following address: VAB-Rijschool nv, Oostjachtpark 13, 9100 Sint-Niklaas, or by email: info@vabrijschool.be. Except in cases of force majeure, complaints must reach VAB Driving School no later than 8 days after the services provided. In case of disputes, only the courts of the district of Dendermonde have jurisdiction, unless the law imperatively provides otherwise.

9. Privacy

VAB Driving School respects the privacy of its customers and the users of its website. The collection of personal data and VAB Driving School’s use of these data complies with the Act of 8 December 1992 on the Protection of Privacy. These personal data are stored in a data file, and the owner of this file is VAB-Rijschool NV, Oostjachtpark 13, 9100 Sint-Niklaas.

VAB Driving School uses this information to fulfil the requests of its customers and to keep them informed of activities, products and services of VAB Driving School and affiliates of VAB Driving School. The customer may object to the use and/or transmission of his data by sending a simple letter (with a copy of the front of the identity card) to VAB-Rijschool, Oostjachtpark 13, 9100 Sint-Niklaas. Everyone has a right of communication, inspection, access and rectification of their personal data. For this purpose, it is sufficient to contact the VAB Driving School as indicated above.

Special terms and conditions

The special terms and conditions are valid only for the driving licence category corresponding to the category for which you have paid and are taking or will take lessons.

Driving licence A and Driving licence AM

1. For the practical test, you need to present the following documents at the exam centre:

 a. Cat. AM: application form for driving licence AM (after successful theoretical test)

 Cat. A1, A2 and A: application for a provisional driving licence, proof of a successful theoretical test, valid provisional driving licence or form “Annex 4”

 b. valid ID card REQUIRED (or proof of loss or theft)

At the same time, you must pay an exam fee to the exam centre

2. Rates:

These prices include 21% VAT. These rates remain valid for 1 month.

3. Required attire for motorcycle and moped candidates:

 - long trousers, long-sleeved jacket, boots or half-boots that protect the ankle. This you must provide yourself

 - own helmet and gloves

4. VAB Driving School cannot be held responsible for changes in the training or exam regulations due to changes in the law.

Driving licence B and Driving licence BE

1. Voor het praktijkexamen dien je volgende documenten op het examencentrum voor te leggen:

 a. cat. B: valid provisional driving licence or form ‘Annex 4’ and valid identity card and attestations of the supervising moment if applicable

 b. cat. BE: valid driving licence B and valid identity card

At the same time, you must pay an exam fee to the exam centre

2. Rates:

These prices include 21% VAT. These rates remain valid for 1 month.

Driving licence C, C1 and CE

1. Tuition fees are payable as follows:

 - advance payment of at least €500 upon enrolment.
 - balance 10 days before lessons start.

2. For the practical test, you need to present the following documents at the exam centre:

 a. cat. C: - valid driving licence cat. B

 - application for provisional driving licence, certificate of successful theoretical test, or valid provisional driving licence cat. C, C1

 - if proficiency: certificate of successful theoretical test basic qualification, valid medical examination group 2

 b. cat. CE: - valid driving licence cat. C

 - if proficiency: certificate of successful theoretical test for basic qualification

 c. valid medical examination group 2 (see driving licence)

 d. valid ID card REQUIRED (or proof of loss or theft)

At the same time, you must pay an exam fee to the exam centre

3.Rates:

These prices include 21% VAT. These rates remain valid for 1 month.

4. It is recommended to wear safety shoes during the practical lessons and the practical test. Safety gloves must be provided by the learner.

Driving licence D

Lesson times are agreed upon between the learner and the driving school. Appointments must be kept punctually.

1. Tuition fees are payable as follows:

 - advance payment of at least €500 upon enrolment.

 - balance 10 days before lessons start.

2. For the practical test, you need to present the following documents at the exam centre:

 a. cat. D: - valid driving licence cat. B

 - application for a provisional driving licence, certificate of successful theoretical test, or valid provisional driving licence cat. D

 - if proficiency: certificate of successful theoretical test basic qualification, valid medical examination group 2

 b. cat. DE: - valid driving licence cat. D

 - if proficiency: certificate of successful theoretical test for basic qualification

 c. valid medical examination group 2

 d. valid ID card REQUIRED (or proof of loss or theft))

At the same time, you must pay an exam fee to the exam centre

3. Rates:

These prices include 21% VAT. These rates remain valid for 1 month..

General terms and conditions VAB Driving School return event

For cancellation in advance due to illness, see Article 6 of these general terms and conditions.

1. The return event (TKM) is the mandatory follow-up course for drivers whose last provisional licence was issued after 1 October 2017 and who recently obtained their driving licence in Flanders. Every driver will be required to take this 4-hour course at the earliest 6 months and at the latest 9 months after the issuance of their driving licence. The cost of the return event is €122 (incl. VAT). All rates are indexable annually. It is the candidate’s responsibility to check whether they are required to take the course and that they enrol for the correct period.


2. If a customer has missed the mandatory period and enrols on a date that falls within the first two months after that mandatory period, a surcharge will be charged by the MOW (Ministry of Public Works and Mobility). The MOW requires VAB Driving School to collect this surcharge at the start of the return event course. Failure to pay the surcharge means that the customer cannot be admitted to the course.


3. VAB Driving School reserves the right, without being liable for compensation to the customer, to cancel or reschedule the lesson to a later date in the event of insufficient enrolments or for organisational reasons (e.g. due to illness of the instructor or unavailability of the classroom/site due to force majeure). Participants will be notified as soon as possible, either by email or telephone. If less than the minimum number of participants (less than 6 people) is present at the start of the lesson, VAB Driving School is obliged to cancel the lesson. Participants who are on site will be rescheduled to a next lesson at no additional cost.


4. VAB Driving School will not charge additional costs if a customer changes their appointment for the return event, up to 7 days before the initial appointment. In this case, VAB Driving School will book a new date. For online enrolments, the 14-calendar-day right of withdrawal does not apply. (Article VI.53.12°, Code of Economic Law)


5. Failure to show up, whether due to force majeure or not, does not entitle the learner to a refund or replacement lesson. If the customer is unable to attend the lesson, he cannot arrange to be replaced.


6. In case of illness, VAB Driving School must be notified as soon as possible at terugkommoment@vabrijschool.be. In addition, the illness must be attested by a doctor’s certificate delivered before or at the latest on the return event. Later certificates will not be accepted. Only in this case will the lesson be rescheduled to a later date at no additional cost.


7. Participants must show up at least 15 minutes before the return event starts. If a participant arrives later than the official start time, they will not be able to take part in the return event as the administration tool of MOW will be blocked. The learner will then be rescheduled for another lesson and will have to pay again. This means that if the participant arrives late, the tuition fee will not be refunded.


8. To take part in the return event, the learner must be in possession of his identity card and valid driving licence. If the driving licence has been withdrawn or the participant has been disqualified from driving, the participant will not be able to perform the practical exercises as a driver. The Applied Mobility Policy will be notified of this.


9. If the participant has been granted an extension by MOW (Department of Mobility and Public Works Flanders) and if the participant has already booked and paid for an appointment prior to their postponement request, the participant may reschedule their appointment to a later date up to 7 working days prior to the initially scheduled date at no additional cost based on written proof of this postponement.


10. If during the return event the weather conditions change in such a way that the practical exercises cannot continue in a safe manner, the participants do not have to perform the practical exercises and the instructor may continue with the group discussion. If the practice area cannot be made safe due to certain weather conditions, the lesson will not take place and a new date will be scheduled at no additional cost. It is the institution and not the participant that decides whether the situation is too dangerous.


11. The course must be given in Dutch in accordance with language law. Participants may arrange a sworn interpreter at their own expense, without the interpreter interfering with the lessons. VAB Driving School must also be notified in advance of the presence of the interpreter.


12. Smartphone, tablet, laptop or other electronic devices are not allowed during the course.


13. If a participant is verbally or physically aggressive or the instructor suspects that a participant is unable to drive a vehicle due to the use of drugs, alcohol or medication, the instructor may prohibit the participant from performing the practical exercises as a driver. Such circumstances must be reported to the MOW.


14. If a participant fails to follow the instructions, the instructor will give the participant a warning. If the participant still does not follow the instructions, the instructor may prohibit the participant from performing the practical exercises as a driver. A participant who refuses to perform the exercises cannot be obliged to do so. He may continue to follow the practical exercise as an observer.


15. If a participant leaves the return event early on his/her own initiative, VAB Driving School must report this to the Applied Mobility Policy and the participant must attend the entire return event at another time and again pay an enrolment fee for this. Consequently, he/she will not receive a certificate of attendance.


16. VAB Driving School guarantees that each vehicle is covered by an insurance policy for:
    
    
    • Third-party liability of the learner, as driver and as passenger.
    • Damage caused, under all circumstances, to the learner or his belongings during and by the use of this driving school vehicle.

    This policy stipulates that the insurer (except in case of gross negligence or intent) will waive all recourse against the learner. The cover for damage to the learner’s belongings is limited to €1,000. (RD 11/05/2004 Accreditation of driving schools. Art.9)
    
    

17. Complaints may be addressed within 8 days to the management of VAB-Rijschool NV, Oostjachtpark 13, 9100 Sint-Niklaas or by email to secretariaat@vabrijschool.be. Participants who have complaints about the work of the institution or its instructors may also contact the Applied Mobility Policy at www.mow-contact.be.
    
    

18. 3. The VAB operates in accordance with the GDPR. More details are available at www.dataprotectionauthority.be/citizen or https://www.vab.be/en/privacy.