VALID COMMERCIAL TERMS OF THE CAR SCHOOL NOBE FOR THEORY AND PRACTICE LESSONS, EFFECTIVE SINCE 1.1.2016 (.PDF)
1 Introductory rules
Patrik Nosek, with the residence at the following address: Emanuela Podgorného 154/13, 700 30 Ostrava,
Identification number (IČ): 76294374
(furthermentioned as „Provider“).
The Customer shall be understood as every person concluding the contract about provision of services with Provider consisting in practice lessons of Customer (applying for the driving licence) or eventually consisting in improving his/her driving abilities for which he/she already has a driving licence.
(furhtermentioned as „Services“).
1.3 General provisions
1.3.1 In these commercial terms (furthermentioned as „Commercial terms“) there are specified mutual rights and duties of Contracting parties base on the Contract about provision of services concluded between the Provider and Customer.
1.3.2 The provisions of these Commercial terms are an integral part of the Contract about provision of services. In the Contract about provision of services, there can be agreed provisions which differ from Commercial terms, whereas such provisions are preferential to provisions of Commercial terms.
1.3.3 The Provider reserves the right to change or extend these Commercial terms. The contractual relations founded before effectiveness of such changes or extensions aren´t affected with it.
1.3.4 Legal relations between the Provider and Customer which aren´t explicitely arranged with these Commercial terms comply with the Act no. 247/2000 collection of laws, about getting and improving qualification to drive motor vehicles, and with respective provisions of the Act no. 89/2012 collection of laws, Civil code.
1.3.5 The Provider binds himself to provide Services to the full content and in accordance with provisions of the Act no. 247/2000 collection of laws, about getting and improving qualification to drive motor vehicles. The Provider further binds himself to provide lessons base on conditions set in the Commercial terms and in the Contract about provision of services.
2 Conditions for provision of services
2.1.1 A lesson takes 45 minutes.
2.1.2 The course is considered to start on the day of the first practice driving lesson.
2.1.3 Before the first practice driving lesson, the Customer must learn the theory. The customer needs to successfully pass 4 theory tests (within the educational software based on instructions of the Provider with a min. allowable evaluation of 43 points) to be able to start the practical driving lessons. The Customer shall pass the tests in a software environment provided by the Provider, or in a theory lesson base on Provider´s instructions.
2.1.4 Before the start of theory lessons, the Customer is obliged to hand over the filled application about the acceptance to lessons and driving lessons as well as the health certificate (issued by a practical doctor) to the Provider.
2.1.5 The Customer can find the schedule of theory lessons either on the websites of the Provider or can get it (on request) from the respective teacher.
2.1.6 At the first theory lesson, the Provider shall hand over the log-in data to the educational software to Customer. This log-in data serve the purpose of individual theory studies of the Customer. The customer shall pass the tests (within this software) in accordance with provisions of the article 2 paragraph 2.1.3 of the Commercial terms
2.1.7 The Customer is obliged to process and conduct personal records about the theory lessons he/she has attended. The Customer is further obliged to confirm his attendance in theory lessons with his/her own signature in the class book.
2.1.8 The respective (assigned) teacher of practive driving lessons shall expect the Customer at the place as agreed to start the respective driving lessons. The teacher shall not wait longer there than max. 20 minutes.
2.1.9 The Customer can cancel the practice driving lesson until 18:00 hours on a day before the day on which the practice driving lessons is supposed to be held.
2.1.10 Before the first practice driving lesson, the Customer shall get the applicant passport from the Provider. The Customer is obliged to have this applicant passport in all his drives (within the practice driving program) and also in medical preparing lessons.
2.1.11 The Customer shall hand over the applicant passport to the theory teacher or to the teacher of practice driving lessons always at the end of the practice driving lessons or at the end of another lesson to note (/register) the lesson passed. After finishing the practice driving lesson, the Customer mustn´t let the applicant passport at his teacher, but he shall take it back from him.
2.1.12 After the last practice driving lesson, the Customer shall hand over his/her applicant passport to the teacher of practice driving lessons, (shall) add his signature under the protocol about the finishing the lessons and (shall) agree on a term of the final exam. This can be only done, if all financial obligations towards the Provider based on the Contract about provision of services have been met (/fulfilled).
2.1.13 The teacher of practice driving lessons can interrupt the practical driving lesson (for reasons of Customer´s unfamiliarity with rights and obligations resulting from Act no. 361/2000 collection of laws, about the traffic on land transport roads) until the time, when the Customer familiarizes with the knowledge needed to successfully pass the theory final exams.
2.1.14 The Provider binds himself to enable finishing the course in the term as mentioned for the respective course on the web site of the Provider. Should the Customer not come to any agreed driving lesson and not cancel the driving lesson (in accordance with provisions of article 2 paragraph 2.1.9 of Commercial terms), then the period guaranteed by the Provider for finishing the course is prolonged with the adequate time.
2.1.15 Before the final exam, the Customer is obliged to pay 300,– CZK to the Provider for the final exam in practical driving (beyond the frame of the reward to be paid for Services). Before each of repeated final exams in practical driving, the Customer shall pay to the Provider the amount of 300,– CZK for this repeated exam (beyond the frame of the reward to be paid for Services).
2.1.16 Before the repeated final exam in road traffic rules (theory), the Customer is obliged to pay 250,– CZK for the final exam (beyond the frame of the reward for Services) to the Provider.
3 Payment terms
3.1.1 The amount and the due date of the reward for lessons is set in the Contract about provision of services.
4 Other provisions
4.1.1 The Customer is entitled to enforce the fulfilment of obligations from the Provider base on reclamation and shall do it with no delay.
4.1.2 The reclamation about fulfilment of Provider´s duties can be made via post, via email sent to the email address email@example.com or via phone to +420 604 889 752.
4.1.3 The Provider shall decide about the reclamation within 30 days since its receipt, if they don´t agree on a longer period. Should the reclamation be eligible/justified and the Provider accept it, then the Provider shall compensate the Customer for the damage/loss he suffered in connection with provision of Services which can particularly be made base on a facultative compensation.
4.1.4 The Customer is entifled to change the teacher of practice driving lessons base on his own request, provided, this requierement is eligible/justified. The Provider shall examine, if the request for changing the teacher of practice driving lessons is eligible/justified.
4.1.5 Should the course be finished prematurely base on an agreement between the Provider and Customer, the Provider shall refund the partial sum of the reward for lessons to the Customer. To calculate the partial sum for the lessons to be refunded, an administration fee of 3.500,– CZK shall be deducted from the reward, whereas the remaining reward is divided in 43 parts of which each part corresponds to 1 passed practice lesson. The Provider binds himself to refund the Customer with the partial sum of the reward within 14 days since conclusion of the agreement about finishing the course.
5 Personal data protection
5.1 Handling the personal data shall comply with provisions of the Act no. 101/2000 collection of laws, about personal data protection and about change of some acts.
5.2 The Customer agress with processing his/her personal data as follows: (full name, residence address, electronic address, phone no.). The Customer further agrees with collection and processing of his/her personal data by the Provider for the purpose of excuting rights and obligations resulting from the Contract about provision of services.
5.3 The Provider is entitled to use the personal data of the Customer for creating his own database containing these data. The Provider is entitled to provide this database to other subjects. Should the Customer not wish to use his/her personal data this way by the Provider, then he can inform the Provider on email address firstname.lastname@example.org about the fact, that he disagrees with such a processing his/her personal data.
5.4 The Customer takes into account that he is obliged to mention his personal data correctly and trully. The Customer is further obliged to inform the Provider (with no delays) about the personal data which are a subject of change.
5.5 The Provider can authorize a third person (as a processer) with processing the personal data of the Customer.
5.6 The personal data shall be processed for an unlimited period either in an automated way, or as a printed document (not-automated way).
6 Final provisions
6.1 Should the relationship based on this contract contain an international element, the contracting parties agree, that this relationship shall be based on valid Czech legal order.
In Ostrava, 1st January 2017
Emanuela Podgorného 154/13,
700 30 Ostrava,
Identification no. (IČO): 76294374