General Terms and Conditions

Status 01.07.2018

Our terms and conditions apply to the entire DRIVESWISS Group. This includes the companies DRIVESWISS AG and 2PA AG with their departments; Acadevia, 2PA and DRIVESWISS Training.

In the interest of simplification, these General Terms and Conditions are written exclusively in the male form. These GTC govern all services provided by DRIVESWISS.


General Terms and Conditions

Our services are provided in accordance with the DRIVESWISS school and training documentation as well as the generally applicable guidelines of the working world and the relevant authorities and offices. Prices are subject to change at any time.

Unless expressly stated otherwise, all DRIVESWISS driving events take place with 1 driver per vehicle. Accompanying persons in the vehicle (or on the motorcycle) are not permitted for safety reasons.

With regard to training and further education at Acadevia by DRIVESWISS, the school management reserves the right to exclude candidates from the school in the event of gross violations of the school regulations. In this case, the entire school fee is due for payment.

Driver's License

At DRIVESWISS driving events, the participant affirms that he/she is in possession of a valid driver's license for the relevant vehicle category and will present it to the organizer upon request. The participant further assures that the vehicle he/she is driving is his/her property or that the owner agrees to participate in the event.


Clothing

Participants are requested to wear appropriate clothing and shoes at all outdoor events. Depending on the type of event, they may be outdoors for longer periods of time.

Safety equipment and a separate back protector are mandatory for all motorcycle events. The weather can change very quickly during the training day. So always take your full equipment with you and change clothes if necessary.


Picture and sound recordings

DRIVESWISS reserves the right to make video and sound recordings at all events or to have them made by third parties. These recordings may be used for training and/or marketing purposes. If a participant does not want to be visible on a picture or sound recording under any circumstances, he must inform the responsible course instructor prior to the recording.


Data protection

We process the customer data to provide our services. Within our own organization, the data may be used for marketing purposes. No customer data will be passed on to third parties.


Driving lessons

The driving lessons of the driving school begin and end at the agreed place (after arrangement). Driving lessons that are not cancelled at least 24 hours in advance are subject to a fee. The only exception is a medical certificate.


Vehicles

The participant undertakes to participate in all driving events with a safe vehicle which complies with the regulations of the Road Traffic Act (SVG). The vehicle must either be registered or operated with a U-number. The organiser is entitled to exclude participants whose vehicles do not meet the above requirements from the driving part of the event (without refund of course fees).

Category B learning trips will only be carried out with vehicles equipped with double pedals. The vehicle provided to the participant is fully comprehensive insured. Excluded are deductibles for damages caused by gross negligence.

On many circuits there are strict noise regulations. Vehicles that exceed this noise level are usually dismissed by the track operators. In this case, the participant has no right to a refund of the course costs.

Rental vehicles are available on request. In the case of cars, please let us know in particular if you are only allowed to drive vehicles with automatic transmission so that we can organise an appropriate vehicle in good time.

If the participant is provided with a vehicle of the organizer for use and participation in the course, the following conditions apply:

Any other use of the vehicle, of whatever kind, is prohibited.
With regard to the details of the vehicle, the statements and information in the handover protocol apply.
The participant is obliged to handle the vehicle carefully and with care. The participant is liable for any damage to the vehicle, regardless of whether the damage was caused by the participant or not and occurs after handover to the participant until the vehicle is returned.
Excluded are damages caused by wear and tear within the scope of normal use. DRIVESWISS shall bear the operating costs. The vehicle provided has a fully comprehensive insurance with a deductible. The excess must be paid by the participant in the event of damage.
If the vehicle is involved in an accident, the organizer is not obliged to provide a replacement vehicle. If the vehicle handed over fails due to a technical defect that was not caused by the participant, the organizer will endeavour to provide a replacement vehicle, but is not obliged to do so.

Vehicle insurance

A fully comprehensive insurance with deductible is included in the course price for driving events, which is only valid for courses recognised by the Swiss Road Safety Council (VSR) and under the supervision of the instructor. The deductible depends on the type of vehicle, but is at least CHF 1000.00. The maximum compensation per insured event is limited to after deduction of the deductible:
a. Passenger car CHF 140'000.
b. Truck CHF 100'000.

The damage must be reported to the responsible instructor on the day of the course. If the instructor fails to do so, no benefits will be paid. If the course participant's existing comprehensive insurance covers any damage, DRIVESWISS insurance will cover the loss of the bonus.

Courses on race tracks are not insured unless they are VSR-approved courses on the Anneau du Rhin (France), Bourg en Bresse (France) and LUK Drivingcenter (Germany). In these cases, a deductible of 20% of the insured loss applies per loss event in the event of total loss.

In all other cases, the insurance coverage pursuant to Framework Contract No. 17.403.540 between AXA Winterthur and DRIVESWISS AG applies.


Liability/accident insurance

Participants take part in all courses on their own responsibility. They are liable for any personal injury or damage to property caused by them or the vehicle. Important: No personal accident insurance has been taken out by the organiser. It is the participant's responsibility to take out such insurance.

With the signed declaration, the participant accepts that participation is only possible at his own risk. The organizer cannot be held liable by the participants in the event of accidents for injury or medical costs or for material damage or loss compensation of any kind. By signing the General Terms and Conditions, the participant confirms that he has been sufficiently informed of this and that he will not make any claims against the organizer in the event of damage.

DRIVESWISS has taken out business liability insurance for the events it offers, which covers damage caused by the culpable conduct of DRIVESWISS employees and their vicarious agents.

Accompanying persons take part in driving events at their own risk. The minimum age of accompanying persons is 16 years. Participation in the exercises by accompanying persons is not permitted.

DRIVESWISS is not liable for any damage caused to the participants. The participant is liable for damage caused by a participant to the practice facility, race track, etc. (e.g. cleaning fee due to leaving the paved part of a race track, etc.). Insofar as DRIVESWISS presents the participant with the costs incurred, the participant undertakes to reimburse the organizer for these costs against proof of costs.

If a DRIVESWISS instructor drives the participant's vehicle and damage is caused as a result, DRIVESWISS and the instructor shall not be liable unless the instructor has acted with gross negligence or intent.


Cancellation of course by DRIVESWISS

If the minimum number of participants is not reached, DRIVESWISS reserves the right to cancel events (courses, seminars, training courses) up to 10 days before the date and to rebook the registered participants for other events after consultation.

DRIVESWISS reserves the right to postpone, cancel or cancel the agreed course for important reasons and for the safety of the participants.

Especially in the case of training courses at the Acadevia, registration must be made no later than 30 days before the start of the first module. DRIVESWISS reserves the right to postpone the registration to a later date in the event of insufficient utilization of the respective seminar.


Reputation

If, after completing the training as a driving instructor with a specialist certificate, the intention exists to exercise the driving instructor profession, a professional licence must be obtained from the cantonal authority. This will only be granted if the candidate is of impeccable repute at the time (particularly with regard to road traffic law).


Language

All DRIVESWISS courses, training courses, seminars, etc. are conducted exclusively in the language specified on the confirmation. For security reasons, only one course language is possible within a group. The instructor has the right to exclude a student from the course if he/she cannot follow the course because he/she does not understand the language or only insufficiently understands it. In this case the course fee will not be refunded.


Exclusion of participation by the participant

In case of non-participation or exclusion of the participant in the booked event (course, seminar, training etc.) for reasons originating from the sphere of the participant, there is basically no claim to repayment of the course fee or DRIVESWISS retains the claim to the course fee.

Emergency courses, theory courses and VKU: Cancellation without cost is possible up to 10 working days before the start of the course. Thereafter, the entire course fee is due. The only exception is a medical certificate. In case of missing lessons there will be no refund, but it is possible to make up the missing lessons in a later course. In this case a transfer fee of Fr. 30.00 is due. An exception is a medical certificate.

After signing the definitive registration for a driving instructor training course, the agreed tuition fee must be paid in accordance with a separate instalment agreement. If the driving instructor candidate leaves the school less than 30 days before the start of the module without good reason, the full amount of the respective module must be paid.
Reasons for withdrawal are considered to be justified:

  • Physical or mental illnesses which must be proven by a specialist.
  • Accidents that prevent participation in lessons and are documented by a specialist.

In these cases the tuition fee is due pro rata until the date of leaving the school. An administration fee of CHF 200.00 will also be charged in any case.

In the event of prevention, the following conditions apply in principle to DRIVESWISS events:

  1. In the case of an event/event organised for a third-party organiser, the costs shall be borne in accordance with a separate agreement if the event is cancelled. In such a case, DRIVESWISS will endeavour to keep costs low. However, services already rendered and contracts already entered into with third parties must be paid for.
  2. b. In the case of an event/event organised by a third party organiser at which DRIVESWISS personnel are booked, the following costs shall be borne by the third party organiser in the event of cancellation of the event:
    I no costs up to 60 days before the start of the event
    II from 59th to 30th day prior to start 30%.
    III from 29th to 15th day before beginning 50%.
    IV from 14th to 7th day before the start 75%
    V from 6th to 2nd day before beginning 90%
    VI Less than 2 days 100%
  3. In the event of an event organised by DRIVESWISS on its own initiative, the following costs shall be borne in the event of cancellation of the course days or participant places reserved by the third-party organiser:
    I no costs up to 60 days before the start of the course
    II from 59th to 30th day prior to start 30%.
    III from 29th to 15th day before beginning 50%.
    IV from 14th to 7th day before the start 75%
    V from 6th to 2nd day before beginning 90%
    VI Less than 2 days 100%
  4. In the case of an event/event organised by DRIVESWISS on its own initiative, the following costs shall be borne by individual participants in the event of cancellation of individual seats
    I no course fees until 30 days before the start of the course
    II from 29th to 15th day before the start 30%.
    III from 14th to 7th day before beginning 50%.
    IV from 6th to 2nd day before start 75%
    V Less than 2 days 100%

 

Perks

Any discounts must be stated when registering. Once payment has been received, no further discounts will be taken into account.


Behaviour of participants

To ensure that DRIVESWISS events run smoothly and safely, course participants must follow the instructions of the instructors. If an event is endangered or disturbed by the behaviour of a participant, the instructor or his vicarious agents are free to exclude this participant from the course after a verbal warning. The exclusion does not entitle the participant to a refund of the course fee.

The rules of the SVG apply on all training grounds where DRIVESWISS offers courses. The requirement of mutual consideration in road traffic is expressly pointed out.

DRIVESWISS instructors are entitled to exclude a participant from further participation in the course if he/she disregards the rules of the SVG in spite of a warning. The exclusion does not entitle the participant to a refund of the course fee.

DRIVESWISS is obliged to wear a seat belt and to comply with noise regulations and any piste or track regulations for all DRIVESWISS training rides. DRIVESWISS reserves the right to exclude participants who disregard these rules from further participation in the course. The exclusion does not entitle the participant to a refund of the course fee.

It is expressly pointed out that all driving events do not serve the attainment of maximum speeds or a best lap time. If telemetry equipment is provided by DRIVESWISS, it serves to determine the optimum driving line as well as the braking and lateral acceleration data. Due to the specified settings, they are not used to measure and store lap or distance times, which is why the participant is prohibited from changing the device settings.

During all courses and events there is a strict ban on psychoactive substances (alcohol, drugs, medication that impairs driving ability, etc.)! The organizer reserves the right to exclude any participant who is suspected of having restricted his or her driving ability from further participation in the course. The exclusion does not entitle the participant to a refund of the course fee.


Catering

Catering is usually not included in the course price.


Weather

All DRIVESWISS events take place in all weathers.


Terms of payment

The agreed prices are net and are to be paid on the due date without any deduction. DRIVESWISS expressly reserves the right to make a partial or full advance payment for the respective service offer.

In the case of training and further education (driving school, driving instructor vocational school, etc.), the candidate will not be admitted to the examination if the amount owed has not been paid by the end of the training or further education.


Applicable law and place of jurisdiction

Severability Clause: If for any reason any provision of these Terms and Conditions is invalid, unlawful or unenforceable, the validity of the remaining provisions shall not be affected thereby. The provision in question shall be replaced by another valid, lawful and legally enforceable provision which comes as close as possible to the original purpose intended by the parties.

The exclusive place of jurisdiction for all disputes arising from or in connection with the conclusion of the contract shall be the domicile of DRIVESWISS. The foregoing shall be without prejudice to deviating and mandatory jurisdictions under federal law.

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