1. Part of the training
The driver training comprises theoretical and practical driving instruction. Written training agreement It is provided on the basis of a written training agreement. Legal basis of the training Instruction is provided on the basis of the statutory provisions applicable thereto and the statutory ordinances based upon them, specifically the Driving Student Training Ordinance (Fahrschülerausbildungsordnung). Furthermore, the following conditions, which are components of the training agreement, shall apply. Termination of the training The training ends when the driving licence test is passed, in any event upon the expiry of one year from the conclusion of the training agreement. If the training relationship is continued after termination, the fees of the driving school that are shown by the price list displayed pursuant to Section 32 of the Driving Instructor Act (FahrlG) at the time of the continuation of the training agreement shall be decisive for the services offered by the driving school. The driving school must point this out upon continuation. Deficiencies in the driving student's suitability If it turns out after the conclusion of the training agreement that the driving student does not meet the necessary physical or mental requirements for acquiring the driving licence, section 6 shall apply to the services of the driving school.
2. Remuneration, price display
The remuneration to be agreed upon in the training agreement must correspond to that announced by notice in the driving school.
3. Basic fee and benefits
a) the basic fee covers: the general expenses of the driving school as well as the provision of theoretical instruction and required preliminary tests up to the first theory test. For further training in the event of failing the theory test, the driving school is entitled to charge the partial basic fee agreed for this purpose in the training contract, but at most half of the basic fee for the respective class; charging a partial basic fee after failing the practical test is not permitted.
Fee for driving lessons and services
b) The fee for a driving lesson of 45 minutes' duration covers: the costs for the training vehicle, including vehicle insurance, as well as the provision of practical driving instruction. Cancellation of driving lessons / notice period If the learner driver is unable to attend 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 appointment, the driving school is entitled to demand compensation for driving lessons not attended by the learner driver amounting to three quarters of the driving lesson fee. The learner driver reserves the right to prove that no damage occurred or that it was significantly lower. Fee for presentation for the test and services
c) The fee for the presentation for the test covers: the theoretical and practical test presentations, including the test drive. For retake 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 is due before the start of the same, and the fee for the test presentation, together with any administrative and test fees advanced, is due no later than 3 working days before the test.
Refusal of performance in the event of non-settlement of claims 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 examination until the claims have been settled.
Payment of remuneration upon continuation of training The remuneration for any further theoretical training that may be required (Section 3a(2)) must be paid before the start of the same.
5. Termination of the contract
The training contract can be terminated by the learner driver at any time, and by the driving school only for a good cause: A good cause shall be deemed to exist in particular if the learner driver
(a) despite being requested to do so and without valid reason, fails to start training within 4 weeks of the conclusion of the contract, or interrupts it for more than 3 months without valid reason,
b) has failed either the theoretical or the practical part of the driving test after repeating it twice in each case,
c) repeatedly or grossly violates the driving instructor's instructions or orders. Text form of termination A termination of the training contract is only effective if it is made in text form.
6. Fees upon contract termination
If the training contract is terminated, the driving school is entitled to the fee for the driving lessons already provided and any presentation for the test that has taken place. If the driving school terminates the contract for good cause, or if the pupil terminates it without being prompted to do so 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 fee, if the cancellation takes place after the conclusion of the contract with the driving school, but before the start of training;
b) 2/5 of the basic fee, if the cancellation occurs after the start of the theoretical training, but before one third of the minimum theoretical training units prescribed for the requested licence categories has been completed;
c) three-fifths of the basic amount, if termination occurs after the completion of one third, but before the completion of two thirds, of the minimum theoretical instruction units prescribed for the requested classes;
d) 4/5 of the basic fee, if the cancellation occurs after the completion of two thirds of the minimum theoretical lessons prescribed for the requested classes, but before their completion;
e) the full basic fee, if termination occurs after completion of the theoretical training. The learner driver reserves the right to prove that no remuneration or damage was incurred, or that it was incurred to a lesser extent. If the driving school terminates the contract without good cause, or if the learner driver terminates it because they were prompted to do so by a breach of contract on the part of the driving school, the driving school shall not be entitled to the basic fee. Any advance payment must be refunded.
7. Adherence to agreed deadlines
Driving school, driving instructor and learner driver must ensure that agreed driving lessons begin on time. Driving lessons fundamentally begin and end at the driving school. If this is deviated from at the request of the learner driver, the time spent will be charged at the driving lesson rate. If the driving instructor is responsible for the delayed start of a driving lesson or interrupts the practical instruction, the lost training time must be made up or credited.
Waiting times in the event of delays If the driving instructor is more than 15 minutes late, the learner driver is not obliged to wait any longer. If the learner driver is responsible for the delayed start of an agreed practical training session, the lost training time is at their expense. If they are more than 15 minutes late, the driving instructor is not obliged to wait any longer. The agreed training time is then deemed to have been cancelled (Section 3b paragraph 3).
Compensation for loss of earnings: In this case too, the compensation for the training time not attended by the learner driver amounts to three-quarters of the driving lesson fee. The learner driver reserves the right to prove that no loss was incurred, or that the loss was substantially less.
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 otherwise well-founded doubts regarding his fitness to drive. Cancellation fee In this case, the learner driver must also pay three quarters of the driving lesson fee as a cancellation fee. The learner driver reserves the right to prove that no damage occurred or that it was significantly lower.
9. Treatment of training equipment and vehicles
The learner driver is obliged to handle the training vehicles, teaching models and other instructional materials with care.
10. Operation and commissioning of driver training vehicles
Training vehicles may only be operated or put into service under the supervision of the driving instructor. Infringements may result in criminal prosecution and liability for damages.
Special duties of the learner driver during motorcycle training
If the connection between the motorcycle learner and the driving instructor is lost during training or the test, the learner must stop immediately (in a suitable place), switch off the engine and wait for the instructor. If necessary, they must contact the driving school. When leaving the vehicle, they must park it properly and secure it against unauthorised use.
11. Completion of the Training
The driving school may only complete the training when it is convinced that the learner driver possesses the necessary knowledge and skills to drive a motor vehicle (§ 29 FahrlG). Therefore, the driving instructor decides at their professional discretion on the completion of the training (§ 6 FahrschAusbO).
Registration for the exam
Registration for the driving test requires the consent of the learner driver; it is binding for both parties. If the learner driver fails to attend the test appointment, they are obliged to pay the fee for being presented for the test and any out-of-pocket or incurred charges.
12. Jurisdiction
If the learner driver has no general place of jurisdiction in Germany, or if they move their place of residence or habitual abode abroad after the conclusion of the contract, or if their habitual abode is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of the driving school.
13. Note
For the sake of readability, the simultaneous use of male and female language forms has been omitted from this text. All personal designations apply equally to both genders.