1. the driving school training includes theoretical and practical instruction It takes place on the basis of a written training contract. The instruction is given on the basis of the applicable statutory provisions and the legal ordinances based on them, in particular the Fahrschüler-Ausbildungsordnung. In all other respects, the following terms and conditions, which form an integral part of the training contract, apply. The training ends when the driving licence examination is passed, in any case after one year has elapsed since the conclusion of the training contract.
2 The fees to be agreed in the training contract must correspond to those announced on the notice board at the driving school. If these are changed, a corresponding adjustment of the new fees will only take effect 3 months after conclusion of the contract.
3a. The basic amount shall be paid: The general expenses of the driving school, as well as the provision of theoretical instruction and necessary preliminary examinations. For further training in the event of failure to pass the theoretical examination, the driving school is entitled to charge the partial basic amount agreed for this in the training contract, but no more than half the basic amount for the respective class.
3b. The fee for the driving lesson of 45 minutes in duration shall be paid: The costs of the training vehicle, including vehicle insurance, and the provision of practical driving instruction. If the learner driver cannot keep to an agreed driving lesson, the driving school must be informed immediately. If agreed driving lessons are not cancelled 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 driver amounting to three quarters of the driving lesson fee.
3c. The fee for the presentation for the test is paid in full: The practical presentation for the examination, including the examination time. In the case of repeat examinations, the fee will be charged again as agreed in the training contract.
Unless otherwise agreed, the basic amount shall be due upon conclusion of the training contract, the fee for the driving lessons before the start of the driving lessons, the amount for the presentation for the examination together with any administration and examination fees paid, at the latest 3 working days before the examination. If the fee is not paid by the due date, the driving school can refuse to continue the training, registration and presentation for the examination until the claim is settled. The fee for any further training that may be required (section 3a, paragraph 2) must be paid before the start of the training. Advance payments for driving hours shall not be refunded before the end of training.
5. the training contract can be terminated by the learner driver at any time, by the driving school only in the cases listed below If the learner driver a) despite being requested to do so and without a valid reason, does not start the training within 4 weeks of concluding the contract or interrupts it for more than 3 months without a valid reason or b) has failed the theoretical or practical part of the driving licence test after repeating it twice or c) repeatedly or grossly violates instructions or orders of the driving instructor.
6) If the training contract is terminated, the driving school shall be entitled to remuneration for services already provided and to reimbursement of all fees paid by the learner driver. Furthermore, the driving school can retain the following fees: a) one third of the basic amount if the termination takes place before the start of the training; b) two thirds of the basic amount if the termination takes place 4 weeks after the start of the training; c) the full basic amount if the termination takes place later than 4 weeks after the start of the training.
7. driving school, driving instructors and learner drivers must ensure that agreed driving lessons start on time. Driving lessons generally begin and end at the driving school. If, at the request of the learner driver, there is a deviation 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 lessons, the missed training time must be made up or credited. If the driving instructor is more than 30 minutes late, the learner driver need not 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 at his expense. If the delay is more than 30 minutes, the driving instructor need not wait any longer. The agreed training period is then deemed to have been cancelled (clause 3b, paragraph 3).
8. the learner driver shall be excluded from the course: a) if he/she is under the influence of alcohol or other intoxicating substances; b) if there are other reasons to doubt his/her fitness to drive. In this case, the learner driver must also pay three quarters of the driving lesson fee as compensation.
9) The learner driver is obliged to handle the training vehicles, the driving school equipment, the training models and the illustrative material with care. The learner driver is obliged to pay damages in the event of non-compliance.
10. training vehicles may only be operated or put into operation under the supervision of the driving instructor. Violations can result in prosecution and liability for damages.
11. the driving school may only complete the training if it is convinced that the learner driver has the necessary skills and knowledge to drive a vehicle for the class applied for (§16 FahrlG). Registration for the driving licence examination requires the learner driver’s consent; it is binding for both parties. If the learner driver does not appear at the examination date, he/she is obliged to pay the fee for the presentation for the examination and any fees paid or incurred.
12) Place of fulfilment is the location of the driving school.
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