General Terms and Conditions
Scope
Article 1
1.1 These Terms and Conditions apply specifically to interpretation services in the context of CBR exams and therefore supplement the General Terms and Conditions filed by AVB Language Group B.V. (AVB) with the Chamber of Commerce.
1.2 AVB does not accept clients’ general terms and conditions. Additions and/or amendments to these General Terms and Conditions can only be made validly with AVB’s written consent.
1.3 If one or more provisions of these General Terms and Conditions are at any time annulled or declared null and void in whole or in part, the remaining provisions of these General Terms and Conditions will remain fully applicable.
Establishment of the contract
Article 2
2.1 All AVB offers and/or price quotes are provided at no obligation.
2.2. A contract between the client and AVB will only be established upon AVB’s written confirmation to the client.
2.3. AVB may consider as a client any person or entity that has placed an order with AVB, unless said person or entity explicitly states that they are acting on the instructions, on behalf and at the expense of a third party, whose name and address will be disclosed to AVB at the same time.
2.4. Any reasonable doubt on the part of AVB about the client’s ability to pay will entitle AVB to require that the client provide sufficient security before AVB commences or continues to execute an order.
2.5. AVB may apply a set deadline for requesting interpretation services. If AVB applies a deadline for requesting interpretation services, AVB will state this deadline on the website. AVB cannot be held responsible for engaging an interpreter if the request for an interpreter is not made in time, given the applicable deadline.
Prices and rates
Article 3
3.1. All prices and rates quoted include sales tax.
3.2. AVB may set a standard rate for interpretation services. If a standard rate applies, it will be stated on the website.
Changes to or cancellation of orders
Article 4
4.1. Any additional agreements, changes, and/or commitments regarding the contract are valid only if confirmed in writing by AVB.
4.2. AVB reserves the right, if the client adjusts or changes the order after the conclusion of the contract, to change the agreed price or delivery period or not to carry out the offered order.
4.3. Cancellation by the client of interpretation services that have already been scheduled is not possible. However, it is possible to reschedule the exam and the related interpretation service up to one week in advance. Therefore, it is not possible to move the exam date forward.
General Terms and Conditions for delivery of interpretation services
Article 5
5.1. AVB undertakes to carry out the order to engage an interpreter to the best of its knowledge and ability, bringing to bear the necessary expertise to meet the client’s specific wishes.
5.2. The date, location, and time of the services as agreed in the contract are binding for both the client and AVB.
5.3. AVB only undertakes to provide an interpreter who is proficient in the requested language and is not obliged to comply with wishes regarding the interpreter’s origin, gender, or other preferences regarding their personal characteristics, geopolitical preferences, or attributes.
5.4. AVB will endeavour to engage a sworn interpreter for interpretation services at all times. If AVB is forced to use an unsworn interpreter for an order, it will first communicate this to its client.
5.5. Interpreters engaged by AVB will, if requested, elect domicile at AVB’s address.
General Terms and Conditions for delivery of CBR interpretation services
Article 6
6.1. The client is not entitled to a refund of the amount paid to AVB if an exam cannot be held because the candidate is not present at the CBR on the date and time of the requested exam.
6.2. AVB will no longer be obliged to provide an interpreter if it transpires that the client has not booked any exam or has booked an unsuitable exam with the CBR. In these cases, no refunds are possible.
6.3. AVB is no longer obliged to provide an interpreter if a CBR employee decides that the exam cannot take place due to the candidate’s incorrect or incomplete data provision. In these cases, no refunds are possible.
6.4. If the interpreter does not appear at the agreed time and location, without AVB having informed the client, this will in all cases lead to reimbursement of the CBR exam fees (by the CBR) and a refund of the costs of the interpretation services and travel expenses on the basis of second-class public transport.
6.5. If AVB informs the client in good time that it is unable to fulfil its obligation to provide an interpreter, this will lead to reimbursement of the exam costs and a refund of the costs of the interpretation services in all cases.
6.6. In exceptional cases, AVB and CBR may jointly decide that the exam will take place some time later than at the agreed time.
Payment
Article 7
7.1. Payment will be made in the agreed upon manner.
7.2. Payment for an interpreter at a theory or practical driver’s exam must be made before the interpretation service takes place. Payment is made via iDeal or one of the payment platforms offered by AVB.
7.3. In the event of late payment, the client will be in default immediately and without notice of default. The client will then owe statutory interest from the date of default until the date the invoice amount is transferred.
7.4. In the event of late payment by the client, AVB is entitled to charge extrajudicial collection costs in accordance with the Dutch Extrajudicial Collection Costs (Fees) Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
Complaints
Article 8
8.1. For complaint handling regarding services provided by AVB, AVB must be notified in writing of the content of the complaint within seven days from the date on which the interpretation services took place.
8.2. AVB will conduct an investigation following a complaint submitted within the proper timeframe. The complainant will receive the outcome of the investigation via email.
8.3. AVB will endeavour to respond as quickly as possible to a client’s complaint regarding the services provided, but is under no obligation to comply with any deadline specified by the client within which it should respond to the complaint.
Liability
Article 9
9.1. AVB’s liability will extend only to reimbursement of the amount paid by the client as a fee to AVB for the performance of interpretation services.
9.2. Furthermore, AVB cannot be held liable for any indirect loss, consequential loss, trading loss, loss caused by a delay in performance, or loss of profit.
9.3. AVB will never be liable for any damage arising from incorrect or incomplete information provided to us by or on behalf of the client.
Confidentiality
Article 10
AVB will be bound to secrecy concerning all confidential information coming to AVB’s knowledge in connection with the execution of the contract. AVB employees and interpreters are obliged to maintain confidentiality.
Dissolution and force majeure
Article 11
11.1. If the client fails to meet its obligations (in good time), if the client is declared insolvent or bankrupt, or if a petition is filed for the client’s compulsory liquidation or bankruptcy, if the client applies for or obtains a moratorium, if the client is subject to an arrangement under the debt rescheduling regulations for natural persons, or if the client’s company or business is liquidated, then AVB shall have the right, without being required to pay any compensation, to dissolve the contract in whole or in part or to suspend performance of the contract, immediately.
11.2. Should AVB prove unable to meet its obligations due to circumstances beyond its control and risk, it shall be entitled to dissolve the contract without being liable to pay any compensation whatsoever.
11.3. If AVB is compelled by force majeure to discontinue further performance of the contract, it shall retain the right to payment for any work performed up to that moment as well as reimbursement for any costs and out-of-pocket expenses incurred.
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