A. Contract for instruction and training and other supplementary instructional services in the field of motor vehicle operation

1. The contract for the provision of instruction and training between an accredited driving school www.bezpecny-ridic.cz with a trade licence (hereinafter referred to as the Driving School) and the Applicant for a driving licence and/or for other supplementary instructional services and courses in the field of motor vehicle driving (hereinafter referred to as the Applicant) is concluded pursuant to Act No. 89/2012 Coll., the Civil Code, and Act No. 247/2000 Coll., the Act on the Acquisition and Improvement of the Competence to Drive Motor Vehicles, as amended; the content of the instruction and training is governed by Implementing Decree No. 167 /2002 Coll. (hereinafter referred to as 'the Decree').

2. The Applicant shall be understood as any person who concludes with the Driving School a written, electronic or oral Contract for the provision of services (hereinafter referred to as the Contract), which consist in the instruction and training of the Applicant leading to the acquisition of a driving licence and/or in the improvement of his/her theoretical or practical driving knowledge and skills for which he/she already has a valid driving licence and/or in the completion of other courses and events organised by the Driving School.

3. If the Applicant requests the Driving School for services leading to the acquisition of his/her driving licence, a Contract between the parties shall be deemed to have been concluded: on the part of the Driving School upon receipt from the Applicant of the original of the Applicant's up-to-date certified medical certificate of fitness to drive motor vehicles and upon receipt of the Applicant's Application for Driving Licence (the "Application"), which may be delivered to the Driving School by the Applicant in person or electronically; and on the part of the Applicant upon his/her handwritten signature on the Application, which, inter alia, shall be. The Applicant declares that he/she has read the General Terms and Conditions of Business and Operations of the Driving School (hereinafter referred to as the "GTC") and agrees to them in full, as well as by paying the Fee for the selected services or by paying the 1st part thereof in the case of an installment agreement to the Driving School.

4. If, in view of the Applicant's age, there is an obligation to hold another person responsible for the Applicant's legal acts, the Application must be accompanied by the handwritten signature of the Applicant's legal representative. In such a case, it is entirely the legal and personal responsibility of the Applicant and his/her legal representative to ensure that the original signature of the Applicant's legal representative and no one else appears on the Application.

5. If the Applicant applies to the Driving School for services leading only to the improvement of driving skills, given that he/she already holds a driving licence for the type of vehicle and/or for services resulting from the content of other courses and events organised by the Driving School, a Contract shall be deemed to have been concluded between the parties: by the Driving School's receipt of a written or verbal order for services from the Applicant and, at the same time, by the Applicant's payment of the amount for such services or the first instalment thereof to the Driving School.

6. By paying for the ordered product provided by the Driving School, the Claimant declares that he/she has been fully acquainted and understood the Terms and Conditions of the Driving School and agrees to them in full.

7. By entering into the Contract with the Driving School, the Applicant agrees to all other terms and conditions of the Driving School and its Operating Regulations. Provisions deviating from the GTC may be agreed in the Contract, but such provisions shall prevail over the provisions of the GTC.

8. The provisions of the GTC are an integral part of the Contract. The Provider reserves the right to amend or supplement the GTC. This does not affect contractual relations established before the effectiveness of such amendments or additions.

9. Services under the Contract shall be provided at the times and dates set by the Driving School, taking into account the wishes of the Applicant. Both the Driving School and the Applicant must agree in advance on the specific dates for the performance of parts of the Contract. The conclusion of this agreement is completed when the Applicant reserves in the Driving School's electronic system the dates and times at which he/she will receive the services under the Contract. The Driving School shall use the accredited electronic system for the purposes of teaching and training leading to the acquisition of a driving licence, the "My Driving School" system, and for purposes beyond the teaching and training leading to the acquisition of a driving licence, i.e. for advanced fitness driving and other courses and events, the commercial system "SuperSaas" to book appointments for the Applicant.
    

B. Rights and obligations of the Driving School

1. The Driving School undertakes to provide Services to the Applicant in accordance with the requirements set out in Act No 247/2000 Coll. on the acquisition and improvement of professional competence to drive motor vehicles, as amended. The Driving School also undertakes to provide instruction and training in accordance with the terms and conditions set out in the GTC and the Contract with the Applicant.

2. The Driving School undertakes to provide services to the Applicant in a highly professional and diligent manner.

3. If the Applicant demonstrates ignorance of the rights and obligations arising from Act No. 361/2000 Coll. on road traffic and as amended, the Driving School has the right to interrupt the practical training of the Applicant until the Applicant demonstrates to the Driving School an impeccable knowledge of the rules and regulations of road traffic.

4. The Driving School undertakes to allow the Applicant to complete the agreed course within the time limit of the "Course Length" indicated for the course type in the product offer at www.bezpecny-ridic.cz. However, if the Applicant does not meet the weekly frequency of the offered teaching and training dates for reasons on the Applicant's side and/or does not attend the booked dates, the Driving School has the right to extend this time limit promised by the Driving School reasonably, especially in view of other dates already announced by the Driving School for other applicants. The time limit "Course length" indicated for the course type in the product offer at www.bezpecny-ridic.cz is calculated from the first practical driving session completed by the Applicant. Reasons on the Applicant's side leading to the failure to meet the "Course length" deadline indicated for a given course type are considered to be the Applicant's reasons, e.g. illness, personal reasons, work or school reasons, other time reasons.
    

C. Applicant's rights and obligations

1. The Applicant is obliged to comply with all obligations arising from these GTC and the laws of the Czech Republic related to the subject of the Contract.

2. The Applicant is obliged to follow the instructions of the Driving School and its representatives concerning the acquisition and improvement of professional competence to drive motor vehicles. Violation of this provision shall be considered a serious breach of the Applicant's obligations.

3. If the Applicant disagrees with any decision made by the Instructor or any other member of the Driving School staff, the Applicant may appeal to the Driving School management.

4. The Applicant shall attend to the performance of the Agreement at the agreed dates and times. Failure of the Applicant to attend the performance dates or failure of the Applicant to make an appointment with the Driving School at least 48 hours prior to the commencement of the performance shall be deemed a material breach of the Applicant's obligations and the Contract by the Applicant.

5. The Applicant shall only have the right to cancel a booked theory lesson date and/or practical driving lesson date and/or any other Driving School Services 48 hours or more prior to its agreed commencement. Such cancellation shall be made by the Applicant only in the Driving School's electronic system if the Service has been booked therein and/or in writing by email or text message to the Driving School's staff. In this case, the Applicant is not subject to any penalty fees or fines resulting from the Driving School's Price List of Other Fees published at www.bezpecny-ridic.cz.

6. If the Applicant fails to attend the arranged date of the extra fitness driving lesson beyond the teaching and training for obtaining a driving licence and does not cancel it in the booking system at least 48 hours or more before the start of the driving lesson or fails to attend the driving lesson within 15 minutes of the scheduled start of the driving lesson, the driving lesson shall be forfeited and the Applicant shall not be entitled to a replacement driving lesson or to a refund of the driving lesson. Funds paid for such a ride shall be forfeited in full to the Driving School to cover necessary overhead costs.

7. The Applicant shall provide the Driving School with all assistance necessary to provide the Services under the Contract.

8. After each lesson and training session is completed, the Applicant shall confirm the completion of the lesson and training session with his/her signature in the "My Driving School" system.

9. The Applicant has the right to change the practical training instructor and shall do so in the form of a written request to the Driving School. The Driving School will assess the validity of the Applicant's request and, if the request is valid, the Driving School will assign the Applicant to another instructor.

10. The Applicant shall be fully responsible for the accuracy and authenticity of all documents submitted to the Driving School or to the authorities of the state administration of the Czech Republic in the course of the provision of the Service by the Driving School, prior to the conclusion of the Agreement and during its validity. If the Applicant submits an incorrect or false document to the Driving School or if the Applicant provides the Driving School or the state administration of the Czech Republic with any false information that is essential for the provision of the Service or for the performance of the Contract, the Applicant commits a serious breach of the Applicant's obligations. The submission of an incomplete, defective, erroneous, false or fraudulent document by the Applicant to the Driving School or any other governmental authority of the Czech Republic shall terminate the Applicant's right to the performance of the obligations under the Contract by the Driving School and shall not obligate the Driving School to refund to the Applicant any part of the Fee paid and other amounts paid by the Applicant to the Driving School.

11. If the Applicant is banned from driving motor vehicles during the course, the Applicant shall immediately inform the Driving School in writing.
     

D. General Provisions; Specific Conditions of the Agreement arising from the specific field of the Driving School's teaching and training.

1. A teaching or training lesson at the Driving School, namely theory, practical training and other additional services, lasts, according to Act No. 247/2000 Coll., the Act on the Acquisition and Improvement of Competence to Drive Motor Vehicles, 45 minutes of net time.

2. Prior to the first practical training session, the Applicant must have completed so many hours of theory lessons, either in the classroom of the Driving School or in combination with self-study in the form of individual lessons, that he/she is completely confident in the rules of the road according to Act No. 361/2000 Coll. He/she then demonstrates this quality knowledge to the Driving School by passing at least 5 theory tests in the electronic system "My Driving School", so that at least 3 out of 5 tests must be passed with more than 43 points. The applicant takes the tests during the theory lesson or according to other instructions of the Driving School. Only after the above has been fulfilled is the Applicant entitled to apply to the Driving School to start practical driving training.

3. From the time of the Applicant's first practical training session, the "course length" set by the Driving School, as published in the course offers on www.bezpecny-ridic.cz, is calculated, and the end of the course length is determined by the date of the Applicant's last compulsory driving session.

4. Prior to the first practical training session, the Applicant will receive an Applicant's pass from the Driving School in the form of a plastic card or QR code for the Applicant's phone, which are part of the electronic record system "My Driving School" in which the Driving School keeps track of the Driving School. The Applicant must have the Applicant's card in his/her possession during all practical training, medical training and practical vehicle maintenance training and ready for inspection by a Driving School employee or a representative of a governmental authority.

5. This Agreement is for a definite term, up to 1 year from the date of the Agreement. Failure of the Applicant to complete the instruction and training process for reasons attributable to the Applicant shall not affect the Driving School's right to payment of the Fee and amounts due from the Applicant, even if the Driving School fails to provide the Applicant with the Services under the Contract in part or in full. An exception to this provision is where the Driving School fails to provide the Service during the term of the Contract solely for reasons attributable to the Driving School. In such a case, the Driving School will refund to the Applicant the equivalent of the unused funds from the Service Fee under the Contract or will not recover the amounts due from the Applicant.

6. In the event that the mutual rights and obligations of the Driving School and the Applicant under the Contract are settled before the expiry of 1 year from the conclusion of the Contract, the Contract shall terminate at that moment, i.e. before the expiry of the aforementioned period.

 

E. Training - Practical Driving

1. The Applicant shall book the dates for practical driving in the electronic system "My Driving School", based on the possible dates listed by the assigned instructor of the Driving School. The date is binding for the Applicant after the Applicant has booked it. If the applicant has already booked a practical drive and cannot attend, he/she shall excuse the practical drive at least 48 hours before the start of the drive in the electronic system "My Driving School" or by phone or SMS to the Driving School Secretariat or to his/her instructor. In this case, the Applicant is not subject to any fees or penalties for missed appointments.

2. The amount of contractual penalties for unexcused absence or cancellation of practical driving by the Applicant is indicated on www.bezpecny-ridic.cz and is used to cover the costs of lost instructor's salary and overheads of the Driving School. Fines are payable before the start of the next subsequent lesson or training session.

3. If the Applicant fails to attend an Appointed Practical Driving Lesson under the Teaching and Training Agreement to obtain a driving licence without apology, the Instructor shall wait at the agreed driving location for 15 minutes and shall attempt to contact the Applicant by telephone during this time. If this time is exceeded, the practical driving session shall be deemed to have been missed by the Applicant and the Applicant shall pay the Driving School a penalty for the unexcused absence. At the end of the course, the Applicant will then pay for the additional missed lessons for all absences according to the applicable price list.

4. If the Applicant arrives late for a lesson, the time of the late ride may be adjusted by the instructor or the instructor may arrange for the ride to be rescheduled with the Applicant. However, this is without prejudice to the Driving School's right to charge contractual fees and penalties to the Applicant.

5. The Applicant undertakes to attend the practice drive and the final test in a condition where his/her fitness is not impaired by e.g. alcohol, drugs, addictive substances, etc. In the event that the applicant causes damage to the driving school in a condition that precludes his/her fitness to drive, he/she shall be fully liable for compensation.
    

F. Final examinations

1. The applicant will be presented for the final test of professional competence (hereinafter referred to as the Test) at the earliest after the completion of the compulsory scope of education and training according to Act No. 247/2000 Coll. The dates of the Tests are assigned to the Driving School by the relevant department of the municipality with extended competence and the Driving School cannot interfere with the scheduling of the office. The applicant for a driving licence will always be informed of the possible dates of the driving test well in advance by the driving school, depending on the date of the driving test communicated to the driving school by the relevant department of the municipality with extended jurisdiction.

2. If the Applicant is unable to attend the scheduled date of the Test, he/she is obliged to excuse himself/herself from the date at least 72 hours before the start of the Test by e-mail, SMS or telephone to the Driving School management.

3. If the Applicant fails to attend the scheduled date of the Test, whether the first or repeated, he/she undertakes to pay the Driving School a contractual fee of CZK 2.000,-, which is used to cover the lost wages of the instructor and the overhead costs of the Driving School for the preparation and organization of the Test. If the Applicant has particularly serious reasons for missing the Test (acute health, family, etc...), he/she may request in writing the Driving School management to waive the fine, but the Driving School is not obliged to comply with such a request.

4. The Driving School reserves the right not to re-test an Applicant who has failed to attend a previous Test without a proper excuse and has not paid the fee for the unexcused absence from the Test, and an Applicant whose insufficient level of competence precludes successful completion of the Test and the Applicant has not taken any steps to improve his/her competence, e.g. by continuing training or consultation with the Driving School.
    

G. Payment Terms

1. The Applicant agrees to pay the Driving School for the provision of the Services under the Agreement the Fee, i.e. the price for the course selected by the Applicant, in the amount set out in the course offerings at www.bezpecny-ridic.cz for the particular course selected by the Applicant (for the purposes of these GTC, the Fee).

2. The Applicant further agrees to pay to the Driving School a fee for the conclusion of the Agreement, for the overhead costs associated with the introduction of the Applicant to the teaching and training system and for booking the dates, in the amount of CZK 2,000 (hereinafter referred to as the Fee). The Fee is already included in the amount of the Fee. However, if the Contract is terminated early due to a breach of the Contract by the Applicant or early termination of the Contract by the Applicant "without cause", the Driving School shall be entitled to a refund of the Fee by the Applicant and the Fee shall be included in the final settlement between the Driving School and the Applicant.

3. The prices for tuition and training are those agreed between the Driving School and the Applicant. The prices include tuition and training within the scope of the Driving School Act No. 247/2000 and the costs of the driving school associated with 1 final test.

4. The fee and other charges are payable by the Applicant to the Driving School on the date specified in the relevant invoice sent by the Driving School to the Applicant's e-mail. The Applicant may pay the fee to the Driving School by bank transfer to the Driving School's bank account or in cash to the Driving School's employee against the receipt.

5. The Driving School and the Applicant may agree to pay the Fee in instalments over the period of the provision of the Service, in writing only.

6. The Driving School shall not commence instruction, training and other parts of the Services under the Agreement and shall not offer the Applicant a final test date unless the Applicant has paid all then current financial obligations to the Driving School; in particular, the next instalment for the Services, all fees and penalties charged by the Driving School to date, etc. Such action by the Driving School shall not be considered a breach of the obligations arising from the Agreement and the GTC on the part of the Driving School. If the Applicant fails to meet its payment obligations even after a further 15 days after any of the Coach School's invoices are due, the Coach School shall have the right to terminate the Contract with the Applicant immediately, without the Applicant being entitled to any further billing or refund from the Coach School. This shall be without prejudice to the right of the Driving School to pay or recover any sums due from the Applicant if the amount of such sums exceeds the amount already paid by the Applicant to the Driving School.

7. The Applicant is not entitled to assign any claim arising from the Contract to a third party under these GTC without the prior written consent of the Driving School. If the Applicant does so, the claim becomes unenforceable.
    

H. Withdrawal from the Contract

1. Withdrawal from the Contract is possible on the part of both the Applicant and the Driving School.

2. Notice of early termination of instruction and training must always be given to the other party in writing to the other party's email address. The notice of early termination of tuition and training will be sent by the Driving School to the Applicant at the email address provided by the Applicant in the application to accept tuition and training and the notice of early termination of tuition and training will be sent by the Applicant to the Driving School at info@bezpecny-ridic.cz and copied to adela@bezpecny-ridic.cz.

3. Withdrawal from the Agreement shall be deemed legally effective on the day following the date of delivery of the written withdrawal by one party to the other.

4. In the event of early termination of the Contract, the Driving School will make an accounting of claims based on the amounts paid and unpaid by the Applicant. The Driving School shall provide the Claimant with this statement immediately after either party has withdrawn from the Contract. The billing shall include the funds paid by the Applicant, the hours of instruction and training completed by the Applicant, and any related fees and penalties not yet paid by the Applicant, as well as, but not limited to, the overhead and processing fee for the initial Application for Instruction and Training, and any Overrides resulting from these GTC and the fee schedule at www.bezpecny-ridic.cz. The difference between the amounts paid by the Applicant to the Driving School and the bills submitted shall be paid no later than 14 calendar days after the delivery of the bills by the Driving School to the Applicant by the party to the other party who incurs an overpayment on the bills to the other party.

5. Withdrawal from the contract by the Driving School: The Driving School reserves the right not to commence training and/or not to continue training already commenced and to withdraw with immediate effect from the Contract with the Applicant if the Applicant has lost the medical capacity to drive motor vehicles, has been banned from driving motor vehicles by an administrative authority or a court, repeatedly violates the instructor's instructions in a particularly gross manner during the training and thus endangers road safety, the property of the Driving School or the life and health of other road users and/or repeatedly fails to attend the ordered practical training lesson without proper excuse. In such a case, the Driving School will send the Applicant information on unilateral withdrawal from the Agreement to the Applicant's e-mail.

6. If a period of more than 6 months has elapsed since the last training drive or the last lesson of theoretical training and/or since the start of the training, during which the Applicant has not booked any dates for his/her lessons and training with the Driving School and during this period the Applicant has not requested the Driving School in writing to interrupt or postpone further lessons and training, the Driving School shall also be entitled to immediately withdraw from the Contract with the Applicant and shall do so in writing to the Applicant's e-mail. In this case, the Applicant shall not be entitled to a refund of the remaining course fees by the Driving School, as the Driving School has already used the course fees paid by the Applicant to cover the overheads associated with the Contract.

7. Withdrawal from the Contract by the Applicant: if the Applicant withdraws from the Contract with the Driving School, he/she must do so in writing to the e-mail: adela@bezpecny-ridic.cz and simultaneously copied to the e-mail: info@bezpecny-ridic.cz and may do so without giving any reason. In this case, the Driving School shall issue the Applicant a written confirmation of the early termination of instruction and training at the Driving School, the so-called "Transfer Certificate", in which the Driving School shall record the number of hours of instruction and training duly completed. At the same time, the Driving School shall provide the Applicant with a statement of accounts for the duration of the Contract, the principle of which is applied in the same way as in G6) above.
    

I. Insurance - Damages

1. The cost of the training includes statutory liability insurance for damages caused by the operation of the motor vehicle with which the training is carried out.

2. The Applicant acknowledges the Driving School's strong recommendation that, for the performance of the Contract, the Applicant take out insurance for damages for bodily injury to itself and third parties in connection with the Applicant's activities under the Contract and for damages to itself and third parties in connection with the Applicant's activities under the Contract. In the event that the Applicant is not properly insured and causes any damage to the School or third parties in connection with the performance of the Contract, the Applicant shall immediately pay the full amount thereof.

3. The Applicant acknowledges that in the process of performance of the Contract, he/she is generally and legally considered to be a driver who is fully responsible for his/her actions, traffic violations and non-compliance with laws.
    

J. Management of the processing of personal data

1. The Applicant agrees to the management, processing and storage of his/her personal data, photographs and videos of his/her lessons and training by the Driving School within the meaning of Section 5(2)(a) of Act No. 101/200 Coll. on the Protection of Personal Data, as amended.

2. The Applicant grants this consent to the Driving School for an indefinite period of time. At the same time, the Applicant confirms the accuracy of his/her personal data provided in the application for admission to teaching and training.

3. In processing personal data, the Driving School complies with the relevant legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Act No. 110/2019 Coll., on the processing of personal data, as amended.

4. The driving school processes personal data of customers - natural persons, as follows:1. for the purpose of: providing the driving school's performance to applicants in accordance with the Contract, including the handling of complaints, accounting, tax and other legal obligations, sending commercial and marketing communications, including unsolicited ones, for the implementation of marketing and commercial purposes, the enforcement of legal claims of the driving school.2. . to the extent of the data provided by the Applicant: name, surname, date of birth, residential address, e-mail address, telephone number, information on health status (only for the mandatory assessment of medical fitness to obtain a driving licence and forwarded to the authority with extended jurisdiction)3. for the legal reason: processing of personal data for the performance of the Contract and the legitimate interest of the Driving School and the Applicant4. for the period of time: necessary for the performance of the Contract, for the performance of legal obligations arising from the object of the business of the Driving School, for the performance of the company's tax obligations, for the running of limitation periods and for the period until the withdrawal of the Applicant's consent.

5. The Applicant declares that he/she provides his/her personal data to the Driving School voluntarily and with knowledge of the purpose, to the extent and for the period of time according to these GTC.

6. The Applicant may withdraw his/her consent to data processing at any time by sending a written message to the following e-mail address: info@bezepecny-ridic.cz. Withdrawal of consent does not affect the right of the Driving School to process personal data that the Driving School carries out on the basis of other legal regulations and for the purpose of fulfilling the Contract.

7. The Applicant hereby acknowledges that the Driving School uses the programming codes of platforms such as Google, Meta, Facebook, Instagram, YouTube, WhatsApp, TikTok, Twitter, which are used to analyze the behavior of visitors to the website and to promote the services of the Driving School, as well as Google Analytics, cookies, portability and visibility of the IP address of computers and other devices of the Driving School. These platforms, operating in different countries around the world, have different requirements and legal regulations, for the validity of which the Driving School is not responsible in connection with the other activities of these companies and platforms.

K. Final Provisions

1. The Contract between the Parties is always concluded for a definite period of time, up to 1 year from the date of conclusion of the Contract.

2. In the event that the Applicant is not a citizen of the Czech Republic and/or the instruction and training are conducted with the Applicant in a language other than Czech and/or another foreign element intervenes in the relationship between the Driving School and the Applicant, the Contract and the legal relationship between the Parties shall be governed exclusively by the law of the Czech Republic, in the Czech language, and any mediation or litigation shall be conducted exclusively in the Czech Republic.

3. The translation of these General Terms and Conditions and the Operating Regulations of the Driving School is only indicative and does not entitle anyone to decide or judge according to this translation. 

4. The only legally valid General Terms and Conditions and the Operating Regulations of the Driving School are given in the Czech language. 

5. Any disputes or lawsuits under these General Terms and Conditions and the Operating Regulations of the Driving School shall always and only be settled in the Czech language, by Czech courts, under the Czech law and in the territory of the Czech Republic.

6. Mutual disputes between the Driving School and the Applicant shall only be resolved either by an out-of-court agreement between the parties, by a mediator or by the general courts.

7. The Parties declare that they have carefully read these GTC before concluding the Agreement, understand all provisions and agree to them unconditionally.
    

These GTC are valid and effective as of 1 November 2024.