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General terms and conditions of the driving school

Paragraph 1 Component of the training

The driving training includes theoretical and practical driving lessons. Written training contract This is carried out on the basis of a written training contract. Legal basis of the training The lessons are given on the basis of the applicable statutory provisions and the legal regulations based on them, namely the driver training regulations. In all other respects, the following conditions apply, which are part of the training contract. Termination of training The training ends when the driver's license test is passed, in any case after six months have passed since the training contract was concluded. If the training relationship is continued after termination, the fees charged by the driving school for the services offered by the driving school are those shown on the price list determined in accordance with Section 19 of the Driving Act at the time the training contract is continued. The driving school must point this out when the training is continued. Lack of suitability of the driver If it turns out after the training contract has been concluded that the driver does not meet the necessary physical or mental requirements to obtain a driver's license, Section 6 applies to the services provided by the driving school.

Section 2 Fees, price list

The fees to be agreed in the training contract must correspond to those announced on the notice board in the driving school.

Paragraph 3 Basic amount and benefits

a) The basic fee covers: The general expenses of the driving school as well as the provision of theoretical lessons and necessary preliminary tests up to the first theoretical test. For further training in the event of failure of the theoretical test, the driving school is entitled to charge the partial basic fee agreed for this in the training contract, but no more than half the basic fee for the respective class; the collection of a partial basic fee after failure of the practical test is not permitted. Fee for driving lessons and services b) The fee for the 45-minute driving lesson covers: The costs for the training vehicle, including vehicle insurance, and the provision of practical driving lessons. Cancellation of driving lessons/notice period If the student driver is unable to keep an agreed driving lesson, the driving school must be notified 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 the driving lessons not attended by the student driver amounting to three quarters of the driving lesson fee. The student driver reserves the right to prove that no damage was caused or that the damage was significantly less. Fee for the presentation for the test and services c) The fee for the presentation for the test covers: The theoretical and practical test presentation including the test drive. In the case of repeat tests, the fee is charged as agreed in the training contract.

Clause 4 Payment terms

Unless otherwise agreed, the basic fee is due upon conclusion of the training contract, the fee for the driving lesson before the lesson begins, the fee for the presentation for the test together with any administration and examination fees incurred are due no later than 3 working days before the test. Refusal of service if the claims are not settled If the fee is not paid when due, the driving school can refuse to continue the training and the registration and presentation for the test until the claims are settled. Payment of fees when continuing the training The fee for any additional theoretical training that may be required (Section 3a, Paragraph 2) must be paid before the start of the training.

Clause 5 Termination of the contract

The training contract can be terminated by the student driver at any time, but by the driving school only for good cause: Good cause exists in particular if the student driver a) does not begin training within 4 weeks of the conclusion of the contract despite being asked to do so and without good cause, or interrupts training for more than 3 months without good cause, b) fails the theoretical or practical part of the driving test after repeating it twice, c) repeatedly or grossly violates the driving instructor's instructions or orders. Written form of termination Termination of the training contract is only effective if it is in writing.

Clause 6 Fees for termination of contract

If the training contract is terminated, the driving school is entitled to the fee for the driving lessons provided and for any presentation for the test. If the driving school terminates the contract for good cause or the student terminates the contract without being prompted by any breach of contract on the part of the driving school (see section 5), the driving school is entitled to the following fee: a) 1/5 of the basic amount if the termination occurs after the contract with the driving school has been concluded but before the training begins; b) 2/5 of the basic amount if the termination occurs after the theoretical training has begun but before the completion of one third of the minimum theoretical teaching units required for the classes applied for; c) 3/5 of the basic amount if the termination occurs after the completion of one third but before the completion of two thirds of the minimum theoretical teaching units required for the classes applied for. d) 4/5 of the basic amount if the cancellation occurs after completing two thirds of the minimum theoretical instruction units required for the classes applied for, but before their completion; e) the full basic amount if the cancellation occurs after completion of the theoretical training. The student driver reserves the right to prove that no fee or damage of the respective amount was incurred or that only a lower amount was incurred. If the driving school cancels without good cause or the student driver cancels because he was prompted to do so by the driving school's breach of contract, the driving school is not entitled to the basic amount. Any advance payment must be refunded.

Clause 7 Compliance with agreed deadlines

Driving schools, driving instructors and learner drivers must ensure that agreed driving lessons begin on time. Driving lessons always begin and end at the driving school. If the learner driver requests otherwise, the driving time spent will be charged at the hourly rate. If the driving instructor is responsible for the late start of a driving lesson or if he interrupts the practical lesson, the missed training time must be made up or credited. Waiting times in the event of a delay 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 session, the missed training time is his responsibility. If he 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 cancelled (Section 3b, Paragraph 3). Compensation for loss of training In this case, too, the compensation for loss of training time not attended by the learner driver is three quarters of the driving lesson fee. The learner driver reserves the right to prove that no damage was caused or that the damage was significantly less.

Paragraph 8 Exclusion from classes

The learner driver is to be excluded from the lesson: a) If he is under the influence of alcohol or other intoxicating substances; b) If there are other reasons to doubt his ability to drive. Compensation for loss of earnings In this case, the learner driver must also pay three quarters of the driving lesson fee as compensation for loss of earnings. The learner driver reserves the right to prove that no damage was caused or that the damage was significantly less.

Paragraph 9 Treatment of training equipment and vehicles

The learner driver is obliged to treat the training vehicles, teaching models and visual material with care.

Paragraph 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. Special duties of the learner driver during motorcycle training If the connection between the learner driver and the driving instructor is lost during motorcycle training or testing, the learner driver must stop immediately (at a suitable location), switch off the engine and wait for the driving instructor. If necessary, he must inform the driving school. When leaving the vehicle, he must park it properly and secure it against unauthorized use.

Paragraph 11 Completion of training

The driving school may only complete the training if it is convinced that the student driver has the necessary knowledge and skills to drive a motor vehicle (§16 FahrlG). Therefore, the driving instructor decides at his or her own discretion whether the training has been completed (§6 FahrschAusbO). Registration for the test Registration for the driving test requires the consent of the student driver; this is binding for both parties. If the student driver does not appear on the test date, he or she is obliged to pay the fee for the presentation for the test and any fees incurred.

Clause 12 Place of jurisdiction

If the driving student does not have a general place of jurisdiction in the country or if he or she moves his or her place of residence or habitual abode outside the country after the conclusion of the contract, or if the habitual abode is not known at the time the action is brought, the place of jurisdiction is the registered office of the driving school.

This announcement does not contain a decision on the compatibility of the recommendation with the Civil Code in the version in force from 1 January 2002. The power to request judicial review under this law or other legal provisions is not restricted by this announcement. The above recommendation is non-binding. No economic, social or other pressure may be used to enforce it.

Status: 11/2016

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Driving School Stern GmbH

Mozartstrasse 2

14480 Potsdam