General business and operating conditions
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Introductory Provisions
A driving school legally defined as a physical/legal entity - an operator of a driving school, holder of a trading certificate with the line of business in "Driving School Operations" and a registration to operate a driving school according to Act No. 247/2000 Coll., on Acquisition and Improvement of Professional Competence to Drive Motor Vehicles, as amended (hereinafter referred to as the `Driving School` only. The Driving School shall provide tuition and training aimed at acquisition or extension of driving licences to applicants for driving licences compliant with conditions amending admission to tuition and training pursuant to Section 13 of the Act (hereinafter referred to as the 'Applicant' only). The contractual relationship between the Driving School and the Applicant in the provision of tuition and training shall be governed by Act No 40/1964 Coll, Civil Code; the course, scope and method of tuition and training, and the obligations of the Applicant and the Driving School are governed by Act No 247/2000 Coll., on Acquisition and Improvement of Professional Competence to Drive Motor Vehicles, as amended (hereinafter referred to as the 'Act' only). The content of tuition and training is governed by Implementing Decree No 167/2002 Coll. (hereinafter referred to as the 'Decree' only). The relationship between the applicant and the driving school is further governed by these conditions. No rules for the provision of training specifically determined by the Decree may be deflected by any contractual documents. Nor may the provisions of the Civil Code on consumer contracts in particular be derogated from to the detriment of the applicant.
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Establishment of Contractual Relationship
The Contract for Provision of Tuition and Training (hereinafter referred to as the `Contract` only) between the driving school and the Applicant is concluded by the driving school upon acceptance of the application for a driving licence (hereinafter referred to as the `Application` only) by the driving school and by the Applicant signing a declaration that they have been informed of the General Terms and Conditions.
Following such contract, the Driving School undertakes to provide the Applicant with tuition and training for acquisition or extension of a driving licence and to ensure that the Applicant is admitted to attend a test of professional competence (hereinafter referred to as the `Test` only). -
Pricing and Payment
The rates for tuition and training are prices agreed upon between the Driving School and the Applicant in accordance with Act No. 526/1992 Coll., on prices as amended and include VAT. These prices always include tuition and training within the scope of the law and the costs incurred by Driving School in relevance with the Test, unless contractually agreed otherwise.
The prices are listed on the website of Driving School. Payment for any lessons and training ordered is collected from the Applicant upon submission of their Application at the Driving School or by bank transfer in full according to the price list or in the form of a deposit. Once their payment has been accepted, the Applicant a `Pass` to bear the data of their training, as entered by the teacher. The deposit constitutes a part of the total price for the lessons and training. The due date for individual advances payments will be determined by the Driving School. Any deposit not paid within the due date will prevent further participation of the Applicant in tuition and training until full settlement of the arrears. The full balance shall be settled prior to completion of the tuition and training. Any outstanding arrears will entitle the Driving School to terminate f the price is not so paid, the driving school shall have the right not to complete the tuition and training of Applicant, which the latter hereby acknowledges.
In the event that the Driving School is not capable of providing certain services during the training or for reasons attributable to the Driving School ensuring compliance with the conditions mutually agreed with the Applicant, the price of tuition and training shall be amended accordingly upon settlement of the advance payment or else the Applicant shall be offered alternate supplies, subject to prior agreement with the Applicant. The Driving School shall also present the final amount of any advance payment if there are price changes or changes at the will of the Applicant. -
Range of Services Provided by the Driving School
The minimum amount of tuition and training that the Driving School is obliged to provide to the Applicant is given in Annex 3 of the Act. The method of tuition and training is described in particular in Part Three of the Act.
The Applicant may negotiate individual arrangements of their tuition and training with the Driving School. The subject matter of the individually agreed conditions may be any arrangements made by the parties regarding the number of hours of tuition and training, the extra scope and content of tuition and training, the starting and ending point of individual training hours, the length of tuition and training, the commitment to meet a specific date for the completion of preparation for the Test as requested by the Applicant, etc. The subject of individually agreed conditions may not include arrangements to reduce the number of hours of teaching or training specified in the Annex to the Act.
In the event of a sudden increase in fuel prices, training may become more expensive during the course. -
Planning of Tuition and Training
The Applicant is obliged to attend theory classes according to a set schedule or a plan agreed with their teacher. In the event that the Applicant is unable to attend, they are liable to arrange an alternate lesson with their teacher.
Appointments for practical driving training are always made by the Applicant with their teacher. The date is binding for both parties. If the Applicant is unable to attend the scheduled ride, they must apologize to their teacher by phone or SMS at least 24 hours before the scheduled ride. In the event of an unexcused absence or other cancellation of the ride by the Applicant, the Applicant is obliged to pay a contractual penalty in the amount of the price list. The contractual penalty is payable before the start of the next ride.
If the Applicant does not attend a scheduled driving lesson without an excuse, the teacher is obliged to wait for the applicant for 15 minutes. If this time is exceeded, the ride is considered to be cancelled by the Applicant. The Applicant shall also be deemed to have missed the ride if they do not have their Pass with them or arrive in such a state that they are not medically or technically fit to drive a motor vehicle.
If a teacher fails to show up for an appointment without an excuse, the applicant is required to wait 15 minutes for the teacher. After this time, the ride is considered to be cancelled by the teacher. Missed ride time caused by the teacher will be made up to the same extent or the applicant will receive a make-up lesson. -
Rights and Obligations of Applicant
The basic rights and obligations of the Applicant are defined by the law. In particular, the Applicant has the right: to receive tuition and training to the mandatory or agree extent and with the content of adequate quality; and to receive 45 minutes of tuition and training per lesson and to comply with the minimum number of lessons specified in Annex 3 to the Act (Group B - 28 hours). Any Applicant may receive a maximum of 2 hours of practical driving instruction on any one day.
The Applicant is obliged to: provide complete and truthful information in the Application; pay the training deposit on the required date and amount; comply with the rules of road traffic (Act No. 361/2000 Coll.) and the teacher's instructions during the training; attend the agreed lessons and training and the test on time. The Applicant must carry their identity card to every lesson or training session. -
Rights and Obligations of Driving School towards Applicant
The Driving School is obliged to proceed with the provision of training in accordance with the law, the Decree and the contractually agreed terms and conditions, in particular to comply with the curriculum in terms of the number of hours of tuition and training and to meet the deadlines set by the law and the contractual terms and conditions.
The Driving School is also obliged to ensure a flawless and continuous course of training for the Applicant, taking into account their time possibilities, and to follow the agreed schedule of tuition and training. If necessary, the Driving School will arrange for a higher number of hours, only by agreement with the Applicant.
The Driving School is entitled to change the date of any training lesson, the method of service provision or even to terminate the Contract under circumstances beyond their control, e.g. changes in Test dates attributable to municipal authorities at municipalities with extended competence and other circumstances that hinder provision of the service following the pre-negotiated conditions.
The Driving School is not liable for any damages incurred by the Applicant due to changes caused by "force majeure". -
Cancellation Policy
The Applicant has the right to withdraw from the Contract at any time, even without giving any reason, by means of a notice served in writing only. The Contract is terminated upon delivery of the notice to the Driving School. The Driving School is only entitled to a cancellation fee provided the same has been expressly agreed in the Contract.
Preliminary termination of the Contract and early termination of the tuition and training will be followed by presentation of final cost summary. Any overpayments in fees will be refunded to the Applicant. Any arrears due from the Applicant shall be settled to the full balance of the course fees. The Driving School shall issue a proof of the tuition and training completed without undue delay on request and hand it over to the Applicant. The Applicant shall collect the document in person at the premises of Driving School and pay the handling fee specified in the price list.
The Driving School may terminate the Contract in particular when the Applicant commits repeated violations of the terms agreed in the Contract by failing to attend an agreed lesson or training without excuse or they repeatedly or grossly disregard any instructions given by their teacher during training. The Driving School shall have the right not to start or continue lessons and training if the Applicant has lost their medical capacity to drive motor vehicles or have been sentenced to a ban on driving motor vehicles by an administrative authority or a court. If the Applicant is banned from driving during the course, they must inform the driving school immediately.
If the driving school fails to fulfil its obligations under the Act or the Contract in proper and timely manner, the same shall entitle the Applicant to terminate the Contract and proceed under section 30(2) of the Act. The Driving School is obliged to issue the necessary documents to the Applicant and has no right to demand any cancellation fees. -
Proficiency Tests
The Applicant will be registered for the Test immediately following the completion of their tuition and training. The tuition and training may be completed provided that the Applicant has completed the minimum number of hours of training specified in the curriculum for the relevant group or sub-group of the driving licence, or a higher number of hours agreed between the Applicant and the Driving School.
The Driving School shall recommend the Applicant to complete the training after the mandatory training scope according to the Act has been fulfilled, if their level of level of proficiency meets the requirements of the Act and the Decree necessary to pass the proficiency Test. Should the Applicant not reach the proficiency level defined by requirements applicable to successful Test completion, the teacher shall suggest additional instruction or training to the Applicant. The level of proficiency shall be assessed by the teacher or the Driving School manager. Should the Applicant disagree and insist on termination of their tuition and training, the Driving School shall draw up a record to that effect with the Applicant and the tuition and training will be terminated as requested by the Applicant.
Test dates are published in the Driving School office. Test dates are assigned to the Driving School by the municipal authority of the municipality with extended jurisdiction. The date of the first Test or any repeated Test afterwards in each subject is booked by the head teacher of the Driving School. Before booking a Test date, the applicant must have settled their liabilities towards the Driving School in full.
If the Applicant is unable to attend their Test on a scheduled date, they must apologise at least 24 hours before the Test, either in person at the Driving School or by telephone.
Any Applicant who fails to attend the booked date of the proficiency Test or any without apology or fails to submit the necessary documents, they undertake to pay a contractual penalty to the Driving School in the amount determined by the price list. The Driving School may waive the contractual penalty for circumstances attributable to serious reasons.
If the level of proficiency attended by Applicant in any subject is in stark contrast to the requirements needed to pass the Test, the Applicant has been graded 'failed' and has not taken any steps to improve their proficiency e.g. through additional tuition or training, the Driving School will advise the applicant to reconsider any further attempts in the Test. The level of proficiency shall be assessed by the teacher. Should the Applicant disagree and insist on retaking their Test, the Driving School is entitled to terminate the Contract. -
Complaints Procedure
In the event that the tuition and training have not been provided to the agreed extent or quality, the Applicant has the right to complain in accordance with the terms of Act No. 634/1992, on Consumer Protection.
The Applicant shall file a complaint with the Driving School without undue delay, but no later than 3 months after the breach of Contract occurred. Should the Driving School find such claim justified, following their investigation, the Applicant is entitled to a refund or a reasonable discount.
The outcome of claim investigation shall be notified to the Applicant by the Driving School within 30 days of the claim filing date. -
Insurance
The training fees include statutory liability insurance for damage caused by operation of a motor vehicle used for performance of the training course.
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Final Provisions
These General Terms and Conditions are valid for training commencing from 15.09.2023 The content hereof may be subject to individual amendments agreed between the Driving School and the Applicant in writing.
In the event that the offer of services specified in promotional materials (in particular on the Internet) and in the General Terms and Conditions differ, the General Terms and Conditions shall be binding, unless any other arrangement serves to the detriment of the Applicant or contrary to law. Any oral promises and agreements are only valid if they are not to the detriment of the Applicant or contrary to law.
By approval of the Contract and signing the purchase order for training, the Applicant confirm their comprehension and acknowledgement hereof in full.
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This document is valid from 4. 10. 2023.