Terms and Conditions (AGB) of Driving School Ziel Berlin

Based on the template of the Federal Association of Driving Instructor Associations (as of September 1, 2008)

1. Part of the Training
   The driving training includes theoretical and practical driving lessons.
   Written Training Contract
   It is carried out on the basis of a written training contract.
   Legal Basis of the Training
   The lessons are given in accordance with the applicable legal provisions and the regulations based on them, in particular the Driving Student Training Ordinance. Otherwise, the following conditions apply, which are part of the training contract.
   End of Training
   The training ends with the successful driving license test, in any case after one year from the conclusion of the training contract.
   If the training relationship is continued after completion, the fees of the driving school apply for the services offered, as indicated by the price list determined according to § 19 FahrlG at the time of continuation. The driving school must point this out when continuing.
   Lack of Suitability of the Student
   If it turns out after the conclusion of the training contract that the student does not meet the necessary physical or mental requirements for obtaining the driving license, section 6 applies to the services of the driving school.
2. Fees, Price List
   The fees to be agreed in the training contract must correspond to those announced by notice in the driving school.
3. Basic Fee and Services
   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 exam.
   For further training in the event of failure of the theoretical exam, the driving school is entitled to charge the partial basic fee agreed in the training contract, but not more than half of the basic fee for the respective class; charging a partial basic fee after failing the practical exam is not permitted.
   b) The fee for a driving lesson of 45 minutes covers: The costs for the training vehicle, including vehicle insurance, as well as the provision of practical driving lessons.
   Cancellation of Driving Lessons / Notification Period
   If the student cannot attend an agreed driving lesson, the driving school must be informed immediately. If agreed driving lessons are not canceled at least 2 working days before the agreed date, the driving school is entitled to claim compensation for missed lessons amounting to three quarters of the lesson fee. The student may prove that no damage or significantly less damage has occurred.
   c) The fee for the test presentation 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.
4. Payment Terms
   Unless otherwise agreed, the basic fee is due upon conclusion of the training contract, the fee for the driving lesson before it begins, and the fee for the test presentation together with any administrative and examination fees paid in advance no later than 3 working days before the test.
   Refusal of Service in Case of Non-Payment
   If the fee is not paid when due, the driving school may refuse to continue the training as well as registration and presentation for the test until the claims are settled.
   Payment for Continued Training
   The fee for any further necessary theoretical training (section 3a para. 2) must be paid before it begins.
5. Termination of the Contract
   The training contract can be terminated by the student at any time, by the driving school only for good cause:
   Good cause exists in particular if the student
   a) despite being requested and without good reason does not start training within 4 weeks of signing the contract or interrupts it for more than 3 months without good reason,
   b) has failed the theoretical or practical part of the driving license test after two repetitions each,
   c) repeatedly or grossly violates instructions or orders of the driving instructor.
   Written Form of Termination
   Termination of the training contract is only effective if made in writing.
6. Fees in Case of Termination
   If the training contract is terminated, the driving school is entitled to the fee for the lessons provided and any test presentation that has taken place. If the driving school terminates for good cause or the student terminates without being prompted by a breach of contract by the driving school (see section 5), the driving school is entitled to the following fee:
   a) 1/5 of the basic fee if termination occurs after conclusion of the contract with the driving school but before the start of training;
   b) 2/5 of the basic fee if termination occurs after the start of theoretical training but before completion of one third of the minimum theoretical lessons required for the applied classes;
   c) 3/5 of the basic fee if termination occurs after completion of one third but before completion of two thirds of the minimum theoretical lessons required for the applied classes;
   d) 4/5 of the basic fee if termination occurs after completion of two thirds of the minimum theoretical lessons required for the applied classes but before their completion;
   e) the full basic fee if termination occurs after completion of theoretical training.
   The student may prove that a fee or damage in the respective amount has not been incurred or has only been incurred to a lesser extent. If the driving school terminates without good cause or the student terminates because he/she was prompted to do so by a breach of contract by the driving school, the driving school is not entitled to the basic fee. Any advance payment must be refunded.
7. Compliance with Agreed Dates
   The driving school, driving instructor, and student must ensure that agreed driving lessons start on time. Driving lessons generally start and end at the driving school. If deviated from at the student's request, the time spent is charged at the lesson rate. If the driving instructor is responsible for the late start of a 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 more than 15 minutes late, the student does not have to wait any longer. If the student is responsible for the late start of an agreed practical lesson, the missed training time is at his/her expense. If he/she is more than 15 minutes late, the driving instructor does not have to wait any longer. The agreed training time is then considered missed (section 3b paragraph 3).
   Compensation for Missed Lessons
   The compensation for missed training time not attended by the student is also three quarters of the lesson fee in this case. The student may prove that no damage or significantly less damage has occurred.
8. Exclusion from Lessons
   The student is to be excluded from lessons:
   a) If he/she is under the influence of alcohol or other intoxicating substances;
   b) If there are otherwise doubts about his/her fitness to drive.
   Compensation for Missed Lessons
   In this case, the student must also pay three quarters of the lesson fee as compensation. The student may prove that no damage or significantly less damage has occurred.
9. Treatment of Training Equipment and Vehicles
   The student is obliged to treat the training vehicles, teaching models, and other teaching materials with care.
10. Operation and Use of Training Vehicles
    Training vehicles may only be operated or used under the supervision of the driving instructor. Violations may result in prosecution and liability for damages.
    Special Duties of the Student in Motorcycle Training
    If the connection between the student and the driving instructor is lost during motorcycle training or testing, the student must stop immediately (at suitable places), turn off the engine, and wait for the instructor. If necessary, he/she must inform the driving school. When leaving the vehicle, it must be parked properly and secured against unauthorized use.
11. Completion of Training
    The driving school may only complete the training if it is convinced that the student has the necessary knowledge and skills to drive a motor vehicle (§ 16 FahrlG). Therefore, the driving instructor decides at his/her discretion on the completion of the training (§ 6 FahrschAusbO).
    Registration for the Test
    Registration for the driving license test requires the student's consent; it is binding for both parties. If the student does not appear for the test date, he/she is obliged to pay the fee for the test presentation and any fees incurred or to be incurred.
12. Jurisdiction
    If the student has no general place of jurisdiction in Germany or moves his/her 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 seat of the driving school is the place of jurisdiction.