General terms and conditions
Part 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 given on the basis of the legal provisions applicable to it and the legal ordinances based on them, namely the learner driver training regulations. In all other respects, the following terms and conditions shall apply and shall form an integral part of the training contract.
Termination of training:
The training ends with the passing of the driving license test.
If the training relationship is continued after termination, the fees of the driving school, which are shown in the price list determined in accordance with § 19 FahrlG at the time of the continuation of the training contract, shall be decisive for the services offered by the driving school. The driving school must point this out at the time of continuation.
Suitability deficiencies of the learner driver:
If, after the conclusion of the training contract, it becomes apparent that the learner driver does not meet the necessary physical or mental requirements for the acquisition of the driving license, Item 6 shall apply to the services of the driving school.
Fees, price list
The fees to be agreed in the training contract shall correspond to those announced by notice in the driving school. Prices (for driving lessons) may be changed with appropriate advance notice.
Basic amount and services:
a) with the basic amount are compensated:
The general expenses of the driving school and the provision of theoretical lessons.
b) The fee for a 45-minute driving lesson covers:
The cost of the training vehicle, including vehicle insurance and the provision of practical driving lessons.
Cancellation of driving lessons/notification period:
If the learner cannot keep an agreed driving lesson, either the driving school, or the driving instructor must be notified immediately. If agreed driving lessons are not cancelled at least one working day (24 hours) before the agreed date, the driving school is entitled to demand compensation for lost driving lessons not attended by the learner 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 has been incurred.
Fee for the presentation for the test and services:
c) With the fee for the presentation to the test are compensated:
The theoretical and practical examination performance including the examination drive. In the case of repeat examinations, the fee shall be charged as agreed in the training contract.
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 paid are due no later than 3 working days before the examination.
Refusal of service in case of non-payment of the receivables
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 has been settled.
Payment of fees in case of continuation of training:
The fee for any further theoretical training that may be required (Item 3a, Paragraph 2) shall be paid prior to the commencement of the same.
Termination of the contract:
The training contract may be terminated by the learner driver and by the driving school at any time:
Good cause shall be deemed to exist in particular if the learner driver
a) Despite being requested to do so and without good reason, does not begin training within 4 weeks of signing the contract or interrupts training for more than 3 months without good reason,
b) has not passed the theoretical or practical part of the driving test after two repetitions 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.
Fees in the event of termination of the contract:
If the training contract is terminated, the driving school shall be entitled to the fee for the driving lessons provided and any presentation for the examination.
If the driving school terminates the contract for good cause or if the learner driver terminates the contract without being caused by conduct on the part of the driving school that is in breach of the contract (see item 5), the driving school shall be entitled to the following remuneration:
the full basic amount, if the termination takes place after the conclusion of the contract with the driving school.
Adherence to agreed dates:
The driving school, driving instructor and learner driver must ensure that agreed driving lessons begin on time. Driving lessons always begin and end at the driving school. If the learner wishes to deviate from this, the driving time spent will be charged at the driving hour 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 time in the event of lateness:
If the instructor is late by more than 15 minutes, the learner driver need not wait longer. If the learner driver is responsible for the late start of an agreed practical training, the lost training time shall be at his expense. If he is late by more than 15 minutes, the driving instructor need not wait any longer. The agreed training time shall then be deemed to have been missed (Clause 3b, Paragraph 3).
Exclusion from lessons:
The learner driver shall be excluded from lessons:
(a) If he is under the influence of alcohol or other intoxicating substances;
(b) If there is any other reason to doubt his or her ability to drive.
Failure to Compensate:
In this case, the learner driver must also pay the full amount of the driving lesson fee as cancellation compensation. The learner driver reserves the right to prove that no damage or a significantly lower amount of damage has been incurred.
Handling of training equipment and vehicles:
The learner driver is obliged to treat the training vehicles, training models and other demonstration material with care.
Operation and commissioning of training vehicles:
Training vehicles may only be operated or placed in service under the supervision of the instructor. Violations may result in criminal prosecution and liability for damages.
Special obligations of the student driver during motorcycle training:
If the connection between the learner driver and the instructor is lost during motorcycle training or testing, the learner driver must stop immediately (appropriate places), turn off the engine, and wait for the instructor. If necessary, he shall notify the driving school. When leaving the vehicle, he/she must park it properly and secure it against unauthorized use.
Completion of training:
The driving school may not complete the training until it is satisfied that the learner driver has the necessary knowledge and skills to drive a motor vehicle (Section 16 FahrlG). Therefore, the driving instructor shall decide on the completion of the training at his or her discretion (§ 6 FahrschAusbO).
Registration for the test:
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.
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 usual place of residence at the time of the action is not known, then the seat of the driving school is the place of jurisdiction.