Terms and Conditions

The

Fahrschule FahrXperience

Number 1
Part of the training:
The driving training includes theoretical and practical driving lessons. Written training contract.
It takes place on the basis of a written training contract.
Legal basis of training:
The lessons are given on the basis of the applicable legal provisions and the legal regulations based on them, namely the learner driver training regulations. Otherwise, the following conditions apply, which are part of the training contract.
Completion of training:
The training ends with the passing of the driving license test, in any case after one year has passed since the training contract was concluded. If the training relationship is continued after termination, the driving school fees are decisive for the services offered by the driving school, which are shown in the price notice determined in accordance with Section 19 FahrIG at the time the training contract is continued. The driving school must point this out when continuing.
Lack of suitability of the learner driver:
If, after the training contract has been concluded, it turns out that the learner driver does not meet the necessary physical or mental requirements to acquire a driving license, Section 6 applies to the driving school's services.

Number 2
Fees, price notice:
The fees to be agreed in the training contract must correspond to those announced on a notice board in the driving school.

Number 3
Basic amount and benefits:
a) The basic amount covers:
The general expenses of the driving school as well as the provision of theoretical lessons and the necessary preliminary examinations up to the first theoretical examination. For further training in the event of failure of the theoretical test, the driving school is entitled to charge the partial basic amount agreed in the training contract, but a maximum of half of the basic amount for the respective class; Charging a partial basic amount after failing a practical test is not permitted.
Fee for driving lessons and services:
b) The fee for the 45-minute driving hour covers:
The costs for the training vehicle, including vehicle insurance and the provision of practical driving lessons. Cancellation of driving lessons / grace period If the learner driver is unable to keep 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 demand compensation for loss of driving lessons not taken by the student driver in the amount of three quarters of the driving lesson fee. The learner driver has the right to prove that there was no damage or that the damage was significantly less.
Fee for the presentation for the examination and services:
c) The fee for the presentation for the examination covers:
The theoretical and practical exam presentation including the test drive. For repeat examinations, the fee will be charged as agreed in the training contract.

Number 4
Payment terms:
Unless otherwise agreed, the basic amount upon conclusion of the training contract, the fee for the driving lesson before it begins, the amount for the presentation for the test, together with any administrative and testing fees paid, are due no later than 3 working days before the test.
Refusal of performance if the claims are not settled:
If the fee is not paid when due, the driving school can refuse to continue the training as well as to register and present for the test until the claims have been settled.
Payment of fees if you continue your training:
The fee for any further theoretical training that may be required (section 3a paragraph 2) must be paid before it begins.

Number 5
Termination of the contract:
The training contract can be terminated by the driving student at any time, by the driving school only in the following cases: If the driving student
a) despite a request and without a valid reason, he does not start the training within 4 weeks of the conclusion of the contract or he interrupts it for more than 3 months without a good reason,
b) has failed the theoretical or practical part of the driving license test after repeating it twice,
c) repeatedly or grossly violates the instructions or orders of the driving instructor.
Written form of termination:
Termination of the training contract is only effective if it is made in writing.

Number 6
Fees upon termination of the contract:
If the training contract is terminated, the driving school is entitled to the fee for the driving lessons provided and any presentation for the test. If the driving school terminates the contract for an important reason or the student driver terminates the contract without being prompted by the driving school's behavior in breach of contract (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 start of the theoretical training but before the completion of a third of the minimum theoretical teaching units prescribed 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 prescribed for the classes applied for;
d) 4/5 of the basic amount if the termination occurs after the completion of two thirds of the minimum theoretical teaching units prescribed for the classes applied for, but before their completion;
e) the full basic amount if termination occurs after the theoretical training has been completed.
The learner driver has the right to prove that a fee or damage of the respective amount was not incurred or was only incurred to a lesser extent. If the driving school terminates without a reason or if the driving student terminates because he/she was prompted to do so by the driving school's behavior that violated the contract, the driving school is not entitled to the basic amount. Any advance payment must be refunded.

Number 7
Compliance with agreed deadlines:
Driving school, driving instructors and driving students must ensure that agreed driving lessons start on time. Driving lessons generally begin and end at the driving school. If this is deviated from at the request of the learner driver, the driving time spent will be charged at the driving hourly rate. If the driving instructor is responsible for the late start of a driving lesson or if he interrupts the practical lesson, the lost training time must be made up or credited.
Waiting times in case of delay:
If the driving instructor is late by more than 15 minutes, the learner driver does not have to wait any longer. If the learner driver is responsible for the delayed start of the agreed practical training, the lost training time will be at his expense. If he is late by more than 15 minutes, the driving instructor does not have to wait any longer. The agreed training period is then deemed to have been canceled (section 3b paragraph 3).
Loss compensation:
In this case, too, the compensation for the training period not completed by the learner driver amounts to three quarters of the driving lesson fee. The learner driver has the right to prove that there was no damage or that the damage was significantly less.

Number 8
Exclusion from lessons:
  The learner driver must be excluded from lessons:
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.
Loss compensation:
In this case, the learner driver also has to pay three quarters of the driving lesson fee as compensation for lost time. The learner driver has the right to prove that there was no damage or that the damage was significantly less.

Number 9
Treatment of training equipment and vehicles:
The learner driver is obliged to treat the training vehicles, teaching models and visual material with care.

Number 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 can result in criminal prosecution and liability for damages.
Special obligations 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 immediately stop (at a suitable location), turn 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 satisfied that the learner has the necessary knowledge and skills to drive a motor vehicle (§16 FahrlG).
Therefore, the driving instructor decides on the completion of the training at his best discretion (§6 FahrschAusbO).
Registration for the exam:
Registration for the driving license test requires the consent of the learner driver; it is binding for both parties. If the learner driver does not show up for the test date, he or she is obliged to pay the fee for appearing for the test and any fees incurred.

Number 12
Place of jurisdiction:

If the learner driver does not have a general place of jurisdiction in Germany or if he moves his place of residence or usual place of residence outside of Germany after conclusion of the contract, or if the usual place of residence is not known at the time the action is filed, the place of jurisdiction is the location 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 January 1, 2002. The power to seek judicial review under this Act and other statutory provisions is not limited by this notice. The above recommendation is non-binding. No economic, social or other pressure may be used to enforce them.