General terms and conditions of the driving school

The training includes theoretical and practical lessons. It takes place on the basis of the training contract. Instruction is given on the basis of the applicable statutory provisions, the legal regulations based on them and the learner driver training regulations. The training is given in German. The following conditions, which are part of the training contract, apply.

Location and duration of the training

Training begins with the signing of the training contract. The training takes place on the premises of the driving school or a cooperating driving school. By signing the training contract, the learner driver (m/f/d, hereinafter referred to as the learner driver) expressly agrees that the training can also be carried out in whole or in part via a cooperating driving school with which the driving school has concluded a cooperation agreement. The learner driver can revoke this consent in writing at any time. The practical training takes place in the greater Krefeld and Neuss area. The driving lessons always start and end at the driving school or one of its branches. Training and the training contract end when the driving test is passed, but in any case after one year has elapsed since the contract was concluded. The contract ends immediately if the student plans, undertakes or has attempted to cheat in the test.

Price changes, price consistency

If fees are changed, we reserve the right to adjust the fees agreed under this contract accordingly, insofar as these only become due after more than 6 months have elapsed since the contract was concluded. Excluded from this are increases in VAT and third-party fees (TÜV, STVA, etc.). These can be adjusted immediately. Separate notification of price changes is not required.

Basic amount

The basic fee covers the provision of theory lessons or the holding of seminars. If the theoretical examination is not passed, the driving school is entitled to charge the basic fee again. The basic fee is also due if the student does not make use of the lessons offered.

Fees for instruction, driving lessons and presentations for exams, learning accounts

The fee for instruction and driving lessons covers the costs of providing practical driving lessons (lasting up to 45 minutes each, including pre- and post-test briefing). The fee for the presentation for the test covers the expenses and necessary accompaniment for each test. Learning accounts are activated for six months upon booking and payment. They are also deemed to have been purchased without a written contractual agreement when the customer logs into the learning center and is activated. Re-activation after six months may again be subject to a charge.

Cancellation of driving lessons / notification period

If a learner driver is unable to keep an agreed driving lesson, the driving school must be informed immediately in person or by telephone(no SMS, Whatsapp, email or similar messaging!). If driving lessons are not canceled at least 2 working days before the agreed date, the driving school is entitled to demand compensation for driving lessons not taken by the learner in the amount of the driving lesson fee.

Terms of payment

Unless otherwise agreed, the basic amount and teaching materials (also online) are due upon conclusion of the training contract, the fee for the driving lesson before the lesson begins, the amount for the presentation for the examination together with any examination fees paid are due at the latest 3 working days before the examination. Teaching material ordered by the driving school at the request of the learner driver must be paid for when the order is placed. The order is binding. The costs must also be paid in the event of non-collection. The same applies to orders for access to the driving school’s online learning center. Credits, rebates, discounts etc. will only be taken into account “after passing the driving test at our driving school”. An invoice will only be issued after the services have been provided. The debtor is primarily the learner driver. If there is a written declaration of assumption of costs by a third party, this third party is always the secondary debtor.

Refusal of service by the driving school

If fees are not paid by the due date, the driving school may refuse further training, registration and presentation for the test and all administrative activities until the claims have been settled and may exercise its right of retention. Online learning centers will be blocked. The same applies in the event of suspected alcohol or drug consumption by the student, as well as in the event of suspected or confirmed attempts by the student to cheat on a theoretical or practical driving test. The driving school expressly reserves the right to take legal action under criminal and civil law. If the prescribed visual aid is not available, the training/test will not be carried out. Any costs incurred, e.g. for driving lessons ordered, fees for the test presentation, examination fees, etc. shall be borne by the student.

Termination of the contract

The contract can be terminated by the student at any time, by the driving school only in the cases listed below: If the student does not take part in the theoretical or practical training within 4 weeks of signing the contract (start of training) or interrupts it for more than 3 months without a valid reason, has not passed the theoretical or practical part of the driving test after repeating it twice, grossly or repeatedly violates the instructions or orders of the driving instructor, if there is a suspicion of alcohol and / or drug consumption by the student, if the student plans, undertakes or has attempted to cheat in the test. The student must give notice of termination in text form with his/her own signature. The date of termination is the date on which the letter of termination is received by the driving school. Upon termination and at the end of the contract, the learner account will be deleted.

Fees and charges for contract termination

If the contract is terminated, the driving school is entitled to: in any case1/3 of the basic amount if the termination takes place within the first two weeks after conclusion of the contract; 2/3 of the basic amount if the termination takes place within three weeks after conclusion of the contract; the full basic amount if the termination takes place later than three weeks after conclusion of the contract, or if the training/seminars have already begun. Purchased teaching materials will not be taken back or the purchase price will not be refunded. Costs for examinations already ordered shall also be borne by the learner driver. Training begins on the day the training contract is signed. The same applies to seminar contracts and SGBIII-subsidized measures. If the training contract is for a measure subsidized under SGBIII, the above-mentioned fees and charges will be waived if the contract is terminated before the start of the measure or if the participant is not subsidized.

Adherence to agreed deadlines

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 time spent driving 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 lost training time must be made up or credited to the time account.

Waiting times for delays

If the driving instructor is more than 15 minutes late, the learner driver does not have to wait any longer. If the learner driver is responsible for the late start of an agreed practical training course, the lost training time shall be borne by the learner driver. If the learner is more than 15 minutes late, the driving instructor does not have to wait any longer. The agreed training time is then deemed to have been missed.

Loss compensation

The compensation for lost time for which the learner driver is responsible is the full driving lesson fee for the agreed training period.

Exclusion from lessons

The learner driver must be excluded from lessons: if he/she is under the influence of alcohol, drugs or other intoxicating substances; if there is any other reason to doubt his/her fitness to drive. The mere suspicion of this is sufficient. In this case, the learner driver must also pay the full driving lesson fee as compensation.

Handling of training equipment and vehicles

The learner driver is obliged to treat the training vehicles, the classrooms and the demonstration material with care.

Operation and commissioning of training vehicles

Training vehicles may only be operated or put into operation under supervision and only on the instructions of the driving instructor. Violations may result in prosecution and liability for damages.

Special obligations of the learner driver during motorcycle training

If the connection between the learner driver and the instructor is lost during the motorcycle training or test, the learner driver must stop immediately (at suitable points), switch off the engine and wait for the instructor. If necessary, he must inform the driving school. When leaving the vehicle, the learner must park it properly and secure it against unauthorized use. Continuing to drive without authorization is prohibited and may result in prosecution and liability for damages if this is not observed.

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 Driving Instructor Act). The driving instructor therefore decides at his or her own discretion whether to complete the training/conduct an examination (Section 6 of the Driving Learner Training Ordinance).

Registration for the exam

When signing the training contract, the learner driver (or his/her legal representative) expressly authorizes the driving school to apply to the TÜV for a binding test at the learner’s expense after consultation with the learner. If the learner does not appear for the test or appears too late, he/she is still obliged to pay the fee for the presentation for the test and any disbursed or incurred fees. The same applies if the student cancels the test date even though it has already been applied for via the driving school and can no longer be canceled free of charge. TÜV fees can no longer be canceled free of charge from 3 weeks before the test date.

Data protection, release, revocation

The learner driver voluntarily agrees with his signature that the responsible road traffic office, the testing organization, the cost bearers and the driving school may exchange the learner driver’s personal data. This includes personal data as well as data directly related to the learner driver’s training and examination, in particular the duration and scope of training, places and times of examinations, special incidents during examinations, attempts to deceive, transfer of the learner driver to other driving schools. Furthermore, the learner driver agrees with his signature that the driving school may store the data collected about the learner driver as part of the training contract in a cloud storage space provided by the Heinrich Vogel publishing house on highly secure certified servers. The learner driver agrees that the driving school may publish pictures of him/her on the driving school website and in social media. The learner will not receive any remuneration for the publication. This consent also applies to the time after his training. The driving school is not liable for third parties using the content of the website or social media for other purposes without the knowledge of the driving school and thus without permission, in particular by downloading and / or copying images. However, the driving school assures to take all reasonable measures against such unauthorized use. The learner driver may revoke this consent in part or in full at any time. The revocation must be made in writing.

Miscellaneous

If the learner driver changes his/her address, he/she must inform the driving school of the new address immediately. Any costs incurred by the driving school as a result of a possible address search shall be borne by the learner driver.

Place of fulfillment

The place of performance is the registered office of the driving school, Krefeld.

Place of jurisdiction

The place of jurisdiction is Krefeld. If the learner driver does not have a general place of jurisdiction in Germany or if he moves his domicile or usual place of residence out of Germany after conclusion of the contract or if his usual place of residence is not known at the time the action is brought, the place of jurisdiction shall be the registered office of the driving school.