GENERAL TERMS AND CONDITIONS
1. COMPONENT OF THE TRAINING
Driving training includes theoretical and practical driving lessons.
It takes place on the basis of a written training contract.
Legal basis of the training:
Instruction is provided on the basis of the applicable statutory provisions and the legal ordinances based on them, namely the learner driver training regulations. In all other respects, the following terms and conditions apply and form an integral part of the training contract.
Completion of training:
The training ends with passing the driver's license test.
2. FEES, PRICE LIST
The fees to be agreed in the training contract shall correspond to those announced by notice in the driving school.
3. BASIC AMOUNT AND BENEFITS
The basic amount covers:
a) The general expenses of the driving school as well as the provision of theoretical instruction and necessary preliminary examinations up to the first theoretical examination. For further training in the event of failure of the theoretical test or practical test, the driving school is entitled to charge the total amount agreed for this in the training contract.
b) The fee for a 45-minute driving lesson covers the following:
The cost of the training vehicle, including vehicle insurance and the provision of practical driving instruction.
Cancellation of driving lessons/ notification period
If the learner driver cannot keep an agreed driving lesson, the driving instructor or the driving school must be notified immediately.
If agreed driving lessons are not canceled at least 1 working day (24 hours) before the agreed date, the driving school is entitled to demand a cancellation compensation for driving lessons not attended by the student in the amount of the driving lesson fee.
The learner driver reserves the right to prove that no damage or a significantly lower amount of damage was incurred.
Remuneration for presentation for examination and services:
c) The fee for the presentation for examination covers:
The theoretical and practical examination presentation including the examination drive.
In the case of repeat examinations, the fee will be charged as agreed in the training contract.
4. TERMS OF PAYMENT
Unless otherwise agreed, the basic amount is due upon conclusion of the training contract, the fee for the driving lesson before the start of the same, the amount for the presentation for the examination together with any administrative and examination fees are due no later than 3 working days before the examination.
Refusal of service in case of non-settlement of claims
If the fee is not paid by the due date, the driving school may refuse to continue the training and to register and present the student for the examination until the debt is settled.
Payment of remuneration in case of continuation of training
The fee for any further theoretical training that may be required (item 3a, paragraph 2) must be paid before the start of the same. The learner driver must purchase the driving tickets in the office before the beginning of the driving lesson, as the driving instructor is not allowed to accept cash. The driving tickets are valid for 1 year from the date of purchase.
This is also noted on the ticket.
5. TERMINATION OF THE CONTRACT
The training contract can be terminated at any time by the learner driver and by the driving school.
A good cause shall be deemed to exist in particular if the learner driver a) despite being requested to do so and without good cause, fails to commence training within 4 weeks of the conclusion of the contract or fails to complete the training by more than
6 months without good cause,
b) has failed the theoretical or practical part of the driving license examination after retaking it twice in each case,
c) repeatedly or grossly violates instructions or orders of the driving instructor.
Text form of termination:
Termination of the training contract is only effective if it is made in text form.
6. COSTS AND FEES IN THE EVENT OF TERMINATION OF THE CONTRACT
7. COMPLIANCE WITH AGREED DEADLINE
The driving school, driving instructor and learner driver must ensure that agreed driving lessons start on time. Driving lessons always begin and end at the driving school.
If this is deviated from at the request of the learner driver, the driving time spent will be charged at the driving lesson rate. If the driving instructor is responsible for the late start of a driving lesson or interrupts the practical lesson, the missed training time must be made up or credited.
Waiting times in case of delay
If the driving instructor is delayed by more than 15 minutes without informing the learner driver, the learner driver need not wait any longer. If the learner driver is responsible for the late start of an agreed practical training, the lost training time shall be borne by him. If he is late by more than 30 minutes, the driving instructor need not wait any longer. The agreed training time shall then be deemed to have been missed (Item 3b, Paragraph 3).
The cancellation compensation for the training time not taken by the learner driver, is also in this case a cancellation compensation for driving lessons not taken by the learner driver in the amount of the driving lesson fee to pay.
8. EXCLUSION FROM LESSONS
The learner driver shall be excluded from the lesson:
a) When under the influence of alcohol or other intoxicating substances;
b) If there are other doubts about his driving ability. In this case, the learner driver must also pay the full amount of the driving lesson fee as compensation.
9. TREATMENT OF TRAINING EQUIPMENT AND VEHICLES
The learner driver is obliged to treat the training vehicles, training models and other demonstration material with care.
10. OPERATION AND COMMISSIONING OF TRAINING VEHICLES
Training vehicles may only be operated or put into operation under the supervision of the driving instructor. Violations may result in criminal prosecution and liability for damages.
Specific duties of the learner driver during motorcycle training:
If the connection between the learner driver and the instructor is lost during the motorcycle training or motorcycle test, the learner driver must stop immediately (suitable place), switch off the engine and wait for the instructor. If necessary, he must notify the driving school. When leaving the vehicle, he must park it properly and secure it against unauthorized use.
11. COMPLETION OF THE TRAINING
The driving school may only complete the training if it is convinced that the learner driver has the necessary knowledge and skills to drive a motor vehicle (§ 16 FahrIG). Therefore, the driving instructor decides on the completion of the training at his own discretion (§6 FahrschAusbO).
Registration for the exam
Registration for the driving test requires the consent of the learner driver; it is binding for both parties. If the learner driver does not appear at the test date, he is obliged to pay the fee for the presentation for the test and any disbursed or incurred fees. The training is considered to be completed upon passing the practical test.
If the learner driver does not have a general place of jurisdiction in Germany or if he moves his place of residence or habitual abode out of Germany after conclusion of the contract, or if the habitual abode is not known at the time the action is brought, the place of jurisdiction shall be the seat of the driving school.