For better readability, the generic masculine is used in this agreement. All personal designations apply equally to all genders.
General Terms and Conditions.
- Scope
This driver education contract applies to all services of the driving school BORN2DRIVE by Patrick Rinderli (hereinafter referred to as the driving school), to practical driving lessons, exam preparation, exam support and other related services. By registering for a driving lesson or other service of the driving school, regardless of whether this is done verbally, by telephone, by SMS, via WhatsApp, online or in writing, the learner driver acknowledges these GTC as binding. - Contract start and end
The apprenticeship contract comes into force upon registration. It generally ends with the passing of the practical driving test of category B or with the termination of cooperation by one of the parties. Payment obligations that have already arisen remain in place even after the end of the contract. - Aim of the training
The aim of the training is to prepare for the theoretical and practical category B driving test in accordance with the applicable Swiss regulations and examination requirements. A specific training success, passing the driving test, is not owed. The conclusion of the training contract does not guarantee that the driving licence will be obtained. - Implementation of the training
The training is carried out by a driving instructor in possession of the required driving instructor licence. The driving school undertakes to provide professional and proper training according to the current methodological and didactic state. The training takes place step by step according to the individual learning progress of the learner driver. - Duration of lessons
A lesson duration is based on 60 minutes, unless otherwise agreed. The lessons include greeting, setting up seat position, setting goals, instruction, practical driving, final review and making appointments. - Requirements for the implementation of practical driving lessons
The learner driver is obliged to carry a valid learner's licence with him for each driving lesson and to present it on request. Without a valid learner's license, no driving lessons will take place. In this case, the cancelled driving lessons can be charged in full. The learner driver must appear for the lesson in a driving condition and tight-fitting shoes must be worn. If a visual aid is prescribed in the learner's licence, it must be worn for the entire lesson. - Appointments and cancellations
Agreed driving lessons and other dates are binding. Cancellations or postponements must be made no later than 48 hours before the agreed date. If the cancellation is delayed or the learner driver does not show up at the agreed date, the driving school is entitled to invoice the appointment in full. In the event of a short-term cancellation due to illness or accident, the full billing can be waived if the learner driver submits a valid medical certificate within 7 days without being asked. In this case, a compensation in the amount of 75% of the agreed driving lessons is owed. - Prices and payment terms
The current prices of the driving school at the time of the service apply. The applicable prices can be viewed on the website of the driving school. The driving school is entitled to adjust prices at any time. Services that have already been agreed and paid in full in advance remain unaffected. Driving lessons are generally to be paid for before the start of the lesson, unless otherwise agreed. A processing fee may be charged for payments by bank transfer, provided that this has been communicated in advance. - Subscriptions
Subscriptions are voluntary price reductions and are only valid if you pay in advance. Driving lessons that have not been paid for in advance are considered individual lessons at the applicable individual price. Unredeemed driving lessons of a subscription can be refunded after passing the practical driving test. The refund will be made on the basis of the next smaller suitable subscription or the normal rate owed. Any difference will be paid out. The Subscriptions ends when the learner's licence expires, but no later than 1 year after the date of purchase. The date reached first applies. Registration for the practical driving test is usually carried out jointly by the learner driver in consultation with the driving instructor. The driving school vehicle is then usually used as the test vehicle and the candidate is accompanied through the driving school. However, the practical driving test can in principle be taken with a driving school vehicle as well as with a private vehicle of the corresponding category. (third test excluded). This is especially the case if the learner driver is of the opinion that he meets the test requirements according to VZV, Annex 12. - Administration and insurance fee
The administration and insurance fee is CHF 130.– and is mandatory from the second driving lesson. The administration and insurance lump sum will be invoiced separately. This lump sum covers administrative expenses as well as general costs in connection with the training operation and the use of the driving school vehicle. The administration and insurance lump sum does not constitute a fully comprehensive guarantee in favour of the learner driver and does not establish a claim to have all damages, deductibles, downgrades, activities or other costs covered by the driving school or its insurance companies. In the event of damage caused intentionally or by gross negligence as well as in the event of serious disregard of instructions from the driving instructor, the learner driver shall be liable to the extent permitted by law. - Open receivables
If there are still outstanding claims towards the end of the training or before the examination date, these must be paid in full before the start of the examination at the latest. In the event of outstanding claims, the driving school is entitled to refuse to accompany the examination and to make the driving school vehicle available. Any costs arising from this are at the expense of the learner driver. - Practical driving test and control drive
Registration for the practical driving test is usually done in consultation between the learner driver and the driving school. However, there is only an entitlement to registration for the practical driving test by the driving school, to be accompanied by the driving school or to use the driving school vehicle if the driving school has previously given the learner an express written test clearance. The assessment of the maturity for the examination is carried out exclusively by the driving school according to professional criteria.
• In particular, the following are decisive:
• Safe and independent vehicle operation
• Compliant and forward-looking behavior
• Safe handling of complex traffic situations
• Correct execution of the test-relevant maneuvers
• Sufficient stability and reliability in exam simulations
Driving lessons, subscriptions, administration or insurance lump sums that have already been paid for also do notconstitute an entitlement to test supervision or use of the driving school vehicle for the practical driving test. The learner driver is responsible for obtaining the written test release from the driving school at least 15 calendar days before the test date. If no written examination approval has been obtained by this time, the driving school is entitled at any time to refuse to accompany the examination and to make the driving school vehicle available. The responsibility for a timely postponement or deregistration of the practical driving test lies with the learner driver, unless otherwise agreed in writing. - Third practical driving test
For registration for a third practical driving test, the official requirements also apply. Accompaniment or support by the driving school only takes place if the driving school confirms in writing that the practical training has been sufficiently completed and that the learner driver is ready for the test from the driving school's point of view. - Exclusion of examination supervision
The driving school is entitled to refuse to accompany the test or to make the vehicle available if:
• no written examination clearance is available
• from the driving school's point of view, there is not sufficient maturity for the exam
• instructions of the driving school were repeatedly disregarded
• open invoices
• There are doubts about safe driving
• official or organisational reasons to the contrary - Liability
The driving school is liable within the framework of the legal provisions. Liability for inspection failures, consequential damages, loss of deadlines, fees of the Road Traffic Office or other indirect damages is excluded to the extent permitted by law. - Data protection
The driving school is entitled to process and store personal data of the learner driver in the context of contract processing, scheduling, examination organisation and invoicing. - Changes
The driving school may amend these terms and conditions at any time. The version in force at the time the service is used shall apply, unless otherwise agreed in writing. - Place of jurisdiction and applicable law
Swiss law applies. The place of jurisdiction is, as far as legally permissible, the registered office of the driving school.