General Business and Operating Terms

The driving school is a natural or legal person – the operator of the driving school, holder of a trade licence for “operation of a driving school” and registration to operate a driving school under Act No. 247/2000 Coll., on the acquisition and improvement of professional competence to drive motor vehicles, as amended. The driving school provides instruction and training for obtaining or extending a driving licence to applicants who meet the conditions for admission to instruction and training under Section 13 of the Act (hereinafter the “applicant”).

The contractual relationship between the driving school and the applicant in providing instruction and training is governed by Act No. 89/2012 Coll., the Civil Code; the course, scope and manner of instruction and training, and the obligations of the applicant and the driving school are governed by Act No. 247/2000 Coll., on the acquisition and improvement of professional competence to drive motor vehicles, as amended (hereinafter the “Act”). The content of instruction and training is governed by implementing Decree No. 167/2002 Coll. (hereinafter the “Decree”).

The mutual relations between the applicant and the driving school are further governed by these terms. Where the Act or Decree mandatorily sets rules for providing training, these rules cannot be contractually deviated from. Likewise, deviation to the detriment of the applicant is not permitted, especially from the provisions of the Civil Code on consumer contracts.

The contract for providing instruction and training between the driving school and the applicant is concluded on the part of the driving school by acceptance of the applicant’s duly completed application for a driving licence (hereinafter the “application”). Based on such a contract, the driving school undertakes to provide the applicant with instruction and training for obtaining or extending a driving licence and to arrange the professional competence examination (hereinafter the “examination”).

Prices for instruction and training are prices agreed between the driving school and the applicant in accordance with Act No. 526/1992 Coll., on prices, as amended. Prices always include instruction and training to the extent required by law and the driving school’s costs associated with the examination, unless otherwise agreed in the contract.

Prices are listed on the driving school’s website and on the price list placed in an accessible location at the premises. In case of discrepancy, the price published at the premises applies. Payment for ordered instruction and training shall be made by the applicant upon submission of the application to the driving school in full according to the price list or as a deposit. After payment of the price or deposit, the applicant receives a “training record book” in which the instructor records attendance at training.

The deposit is part of the total price for instruction and training. The driving school sets the due dates for individual deposits for the applicant. If any deposit is not paid by the due date, this is grounds for the applicant not to receive further instruction and training until payment is made. The price must be paid in full no later than before the completion of instruction and training. If the price is not paid in this manner, the driving school has the right not to complete the applicant’s instruction and training, which the applicant agrees to.

If the driving school cannot provide certain services during training or, for reasons on the part of the driving school, cannot fulfil conditions agreed with the applicant, it will adjust the price appropriately when settling the deposit, or offer substitute performance by agreement with the applicant. The driving school will also settle the deposit if there are price changes or changes at the applicant’s request.

The minimum scope of instruction and training that the driving school is obliged to provide to the applicant is set out in Annex No. 3 to the Act. The manner of instruction and training is described especially in Part Three of the Act.

The applicant may individually agree conditions for conducting instruction and training with the driving school. Individually agreed conditions may include any arrangements between the parties regarding the number of hours of instruction and training, above-standard scope and content of instruction and training, place of start and end of individual training hours, duration of instruction and training, commitment to meet a specific deadline for completing the applicant’s preparation for the examination at their request, etc. Individually agreed conditions may not include arrangements to reduce the number of hours of instruction or training listed in the annex to the Act.

If the offer of services in promotional materials (especially on the internet) differs from these business terms, the business terms are binding if any other arrangement would be to the detriment of the applicant or contrary to law.

The applicant is obliged to attend theory instruction according to the established schedule or plan agreed with the instructor. If the applicant cannot attend instruction, they are obliged to arrange a replacement hour with the instructor.

Dates for practical driving training are always booked by the applicant with their instructor. The driving date is binding for both parties. If the applicant cannot attend a booked drive, they must apologise no later than 6:00 p.m. on the previous day by phone or SMS to their instructor. In case of unexcused absence or other cancellation of a drive by the applicant, the applicant is obliged to pay a contractual penalty according to the price list. The contractual penalty is due before the start of the next drive.

If the applicant does not attend a booked driving hour without apology, the instructor is obliged to wait for the applicant for 15 minutes. After this time, the drive is considered cancelled by the applicant. A drive is also considered cancelled by the applicant if they do not have their training record book with them or attend the drive in a state where they are medically or otherwise unfit to drive a motor vehicle.

If the instructor does not attend a booked drive without apology, the applicant is obliged to wait for the instructor for 15 minutes. After this time, the drive is considered cancelled by the instructor. Driving time missed due to the instructor will be replaced for the applicant to the same extent, or they will receive a replacement teaching hour.

The basic rights and obligations of the applicant are defined in the Act. The applicant has the right in particular to: receive instruction and training in the scope and content prescribed or agreed by law and of appropriate quality; furthermore, that a teaching hour of instruction and training lasts 45 minutes and that the minimum number of teaching hours set out in Annex No. 3 to the Act is observed. In one day, the applicant may complete a maximum of 2 teaching hours of practical driving training, unless the Act provides otherwise. The applicant has the right to request a change of instructor during training.

The applicant is obliged to: provide complete and truthful information in the application; pay the required deposit for training by the required deadline; observe traffic rules on roads (Act No. 361/2000 Coll.) and the instructor’s instructions during training; arrive on time for agreed hours of instruction and training and for the examination. The applicant must have their training record book with them for all hours of instruction and training.

An applicant for driving licence groups AM, A1, A2 and A is obliged to attend motorcycle driving hours at least in safe sturdy footwear, dressed in sturdy long trousers and a jacket and with gloves. If the instructor assesses the applicant’s clothing as unsuitable, they are not obliged to conduct the drive and the drive is considered cancelled by the applicant.

The driving school is obliged to proceed in providing training in accordance with the Act, the Decree and contractually agreed conditions, in particular to comply with the curriculum as to the number of hours of instruction and training and to observe deadlines set by law and contractual conditions.

The driving school is further obliged to ensure a smooth course for the student. If necessary, the driving school will provide a higher number of hours only by agreement with the applicant; the price of supplementary training is set according to the valid price list and is identical to the rate for refresher drives.

The driving school, especially in cases it cannot influence itself (changes to examination dates by the municipal office with extended competence, adverse weather for motorcycle training or conducting an examination) and in cases that otherwise prevent providing services according to pre-set conditions, is entitled in respect of such services in particular to: change the date of a training lesson; change the manner of providing services; withdraw from the contract.

The driving school is not liable for damages incurred by the applicant due to changes caused by force majeure.

The applicant has the right to withdraw from the contract at any time without giving a reason, exclusively in written form. Withdrawal takes effect upon delivery of this declaration of intent to the driving school. The driving school is entitled to a cancellation fee only if the conditions for a cancellation fee according to the price list are met.

In case of withdrawal from the contract and early termination of training, training will be settled. If there is an overpayment when paying the course fee, the driving school will refund it to the applicant. If there is an underpayment, the applicant is obliged to pay the difference. Upon request, the driving school will issue without undue delay a certificate of completed instruction and training and hand it over to the applicant. The applicant will collect the certificate in person at the driving school premises upon payment of a handling fee according to the price list.

The driving school may withdraw from the contract especially when the applicant repeatedly breaches the contract terms by failing to attend an agreed hour of instruction or training without apology, or when they repeatedly or grossly disregard the instructor’s instructions during training. The driving school has the right not to start or continue instruction and training if the applicant has lost medical fitness to drive motor vehicles or has been sentenced by an administrative authority or court to a ban on driving motor vehicles. If a ban on driving motor vehicles is imposed on the applicant during the course, they are obliged to inform the driving school immediately. If the driving school withdraws from the contract due to breach of contract terms by the applicant, the applicant is not entitled to a refund of the paid portion of the course fee and the full amount accrues to the driving school.

If the driving school does not fulfil its obligations under law or the contract properly and on time, this is grounds for withdrawal from the contract by the applicant and for the applicant’s procedure 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.

The applicant will be registered for the examination immediately after completion of instruction and training. Instruction and training may be completed provided that the applicant has completed the minimum number of training hours set out in the curriculum for the relevant group or subgroup of driving licence, or a higher number of hours agreed between the applicant and the driving school. If the applicant insists on completing instruction and training and registering for the examination although they do not have the necessary knowledge and skills according to the preceding sentence, the driving school operator will complete instruction and training based on their written or oral request; for a person under 18, instruction and training will be completed only with written consent of their legal guardian under Section 30 of the Act.

The driving school will recommend that the applicant complete training after fulfilling the mandatory scope of training according to law if the applicant’s level of professional competence meets the requirements of the Act and Decree necessary for successful completion of the professional competence examination. If the applicant’s level of professional competence is contrary to the conditions for successful completion of the examination, the instructor will propose supplementary instruction or training. The level of professional competence is assessed by the instructor or head of the driving school. If the applicant disagrees and insists on completing instruction and training, the driving school will draw up a record with the applicant and complete instruction and training at the applicant’s request.

Examination dates are allocated to the driving school by the Municipal Office with Extended Competence in Bílina. The applicant always reserves an examination date through the head of the driving school. Dates for repeat examinations in individual subjects are booked by the applicant in person at the driving school premises. Before reserving an examination date, the applicant must have settled all obligations to the driving school.

If the applicant cannot attend a reserved examination date, they must apologise no later than 24 hours before the start of the examination, in person at the driving school premises or by phone.

If the student fails to attend a reserved professional competence examination or repeat examination without apology, they undertake to pay the driving school a contractual penalty according to the price list. If missing the examination was caused by serious reasons, the driving school may waive the contractual penalty.

If the applicant’s level of professional competence in any subject is in sharp contrast to the requirements necessary for successful completion of the examination, the applicant was graded “fail” and has taken no step to increase their professional competence, e.g. through supplementary instruction or training, the driving school will recommend that the applicant not register for a repeat examination. The level of professional competence is assessed by the instructor. If the applicant disagrees and insists on registering for a repeat examination, this is grounds for the driving school to withdraw from the contract.

If instruction and training were not provided in the agreed scope or quality, the applicant has the right to lodge a complaint in accordance with the conditions under Act No. 634/1992 Coll., on consumer protection. The applicant lodges a complaint with the driving school without undue delay, but no later than 7 days after the breach of contract. If the complaint is found justified after investigation by the driving school, the applicant has the right to substitute performance or an appropriate discount. The result of the complaint will be communicated to the applicant by the driving school no later than 30 days from the date of submission of the complaint.

The prices of training include statutory liability insurance for damage caused by operation of the motor vehicle used for training. For group B vehicles, comprehensive insurance with a deductible of 5%, but at least CZK 5,000, is arranged. If payment of the deductible is necessary, such payment is borne by the applicant who caused the damage. For other vehicles, the entire damage is borne by the applicant, as is the driving school’s lost profit.

These General Business Terms are valid for training started from 1 January 2016. The content of these terms may be individually modified in writing between the driving school and the applicant. If the offer of services in promotional materials (especially on the internet) differs from the business terms, the business terms are binding if any other arrangement would be to the detriment of the customer or contrary to law.

Any oral promises and arrangements are valid only if they are not to the detriment of the customer or contrary to law. The applicant confirms by their signature on the training order that they understand these terms and fully accept them.