GENERAL TERMS AND CONDITIONS

for the provision of services by TopDrive Driving School

Operator:
Business name: Invictus Animi, s. r. o.
Trade name (establishment): TopDrive Driving School
Registered office: Zochova 6-8, 811 03 Bratislava – Staré Mesto city district
Company ID No. (IČO): 56 077 441
Tax ID No. (DIČ): 2122183041
VAT ID No.: SK2122183041 (VAT registration pursuant to Section 4 of the VAT Act as of 25 November 2024)
Registered in the Commercial Register of Bratislava III City Court, Section: Sro, Insert No.: [to be completed]
Contact email: autoskola@topdrive.sk
Contact telephone: +421 948 043 254
Website: www.topdrive.sk

Article 1 – General Provisions

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the rights and obligations of the contracting parties in connection with the provision of driving instruction and supplementary driving school services between Invictus Animi, s. r. o., with its registered office at Zochova 6-8, 811 03 Bratislava – Staré Mesto city district, Company ID No.: 56 077 441, Tax ID No.: 2122183041, VAT ID No.: SK2122183041, operating a driving school under the trade name “TopDrive Driving School” (hereinafter referred to as the “Driving School” or “TopDrive”), and a natural person enrolling in a driving licence course or another service provided by the Driving School (hereinafter referred to as the “Student”).

1.2 The GTC form an integral part of the agreement for the provision of driving school services (hereinafter referred to as the “Agreement”) concluded between the Driving School and the Student. By signing the application form or Agreement, or by submitting an electronic application and paying the course fee, the Student confirms that they have familiarised themselves with the GTC, understood their contents and agree to them in full.

1.3 Legal relationships not governed by these GTC and the Agreement shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended; Act No. 250/2007 Coll. on Consumer Protection, as amended; Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under Distance Contracts or Contracts Concluded Away from the Seller’s Business Premises, as amended (where applicable); Act No. 93/2005 Coll. on Driving Schools, as amended; Act No. 8/2009 Coll. on Road Traffic, as amended; as well as implementing regulations and other generally binding legal regulations of the Slovak Republic.

1.4 When concluding the Agreement, the Student generally acts as a consumer within the meaning of Section 2(a) of Act No. 250/2007 Coll. on Consumer Protection, provided that the Student is a natural person who, when concluding and performing the Agreement, does not act within the scope of their business activity, employment or profession.

Article 2 – Subject Matter of the Agreement

2.1 The subject matter of the Agreement is the Driving School’s obligation to provide the Student with training for the purpose of obtaining a driving licence for the relevant category (in particular category B; and, within the scope of the Driving School’s current offer, other categories such as A, AM, A1, A2, BE, etc.) and/or to provide supplementary services (in particular refresher driving lessons, retraining courses, driver training and individual training), and the Student’s obligation to pay the agreed price for the services provided.

2.2 The training consists in particular of:

theoretical instruction – teaching road traffic rules, principles of safe and defensive driving, vehicle construction and maintenance, first-aid/health preparation and other prescribed topics,
practical training – driving on a training ground, in road traffic and, where appropriate, on a simulator,

in at least the minimum number of teaching hours prescribed by the laws of the Slovak Republic for the relevant driving licence category.

2.3 For the purposes of these GTC, a teaching hour means a period of 45 minutes for both theoretical and practical instruction, unless expressly stated otherwise in the Agreement, price list or specific course conditions.

2.4 The Driving School undertakes to provide its services to the extent and quality corresponding to applicable legal regulations, the approved curriculum and the authorisation to conduct driving school courses.

Article 3 – Course Registration and Conditions of Participation

3.1 The Student enrols in the course by:

completing and signing the driving school application form (Agreement), or, where applicable, submitting an electronic application through the Driving School’s website or application, and
submitting the documents required by applicable legislation and the Driving School, in particular a valid identity document and a medical certificate confirming medical fitness to drive a motor vehicle of the relevant category; for selected categories, also other documents required by law (e.g. psychological assessment, proof of education, previous driving licence, etc.).

3.2 Participation in the course is conditional upon reaching the statutory minimum age for the relevant driving licence category no later than on the date of the professional competence examination. At the commencement of training, the Driving School may allow the Student to begin training before reaching this age to the extent permitted by applicable legislation.

3.3 The Student is obliged to provide truthful, complete and up-to-date information in the application. The Student must inform the Driving School without undue delay of any changes to the information stated in the application, in particular changes to their name, address, contact details, medical fitness and similar information.

3.4 The Driving School is entitled to refuse admission of the Student to the course or terminate the Agreement if:

the Student does not meet the statutory conditions for participation in training,
the Student submits false, incomplete or invalid documents, or
the Student seriously breaches obligations established by these GTC, the Agreement or applicable legislation.

Article 4 – Price and Payment Terms

4.1 The price of the driving licence course and other services is stated in:

the Driving School’s price list valid at the time the Agreement is concluded, or
directly in the Agreement.

Prices stated in the price list include VAT; the Driving School has been registered for VAT (VAT ID No.: SK2122183041) since 25 November 2024.

4.2 For the purposes of these GTC, particularly for settlement in the event of early termination of the course pursuant to Article 8, the course price is divided as follows:

theoretical part: 45% of the total course price, and
practical part: 55% of the total course price.

This division shall also be used when calculating any partial refund of course fees or settlement in the event of early termination of the course.

4.3 The Student undertakes to pay the course price:

in a single payment upon signing the Agreement, or
in instalments, if such an option is expressly agreed in the Agreement or permitted by the Driving School’s price list.

4.4 The method and payment deadlines, as well as any instalment conditions, are specified in the Agreement, invoice or Driving School price list. The date of payment shall be the date on which the full amount is credited to the Driving School’s bank account or the date on which a cash payment is received by the Driving School.

4.5 If the Student is late in paying the course price or an instalment, the Driving School is entitled to:

suspend the Student’s training until the outstanding amount has been paid in full, in which case the duration of the course may be extended by the period of suspension, and/or
claim statutory default interest and reimbursement of costs associated with debt recovery in accordance with applicable legislation.

4.6 The course price includes the services expressly specified in the Agreement and/or price list. Unless stated otherwise, the course price does not include, in particular, administrative/state fees for professional competence examinations, fees for issuing a driving licence, fees for medical examinations, or any fees for psychological assessments or other documents required by applicable legislation.

Article 5 – Reservation System and Allocation of Instructors and Vehicles

5.1 Practical driving lesson appointments are booked primarily through the reservation system available in the TopDrive Driving School application and/or web interface (hereinafter referred to as the “application”). The Student is obliged to follow the instructions and rules published in the application.

5.2 A participant in a group course:

independently creates and books practical driving lesson appointments through the application from among the available time slots,
has no influence over which instructor and which vehicle from the Driving School’s fleet will be allocated to them for a particular appointment.

The allocation of a specific instructor and vehicle is entirely at the discretion of the Driving School, depending on its current capacity, operational and organisational possibilities.

5.3 The option to choose a specific instructor and/or specific vehicle is available only to:

participants in an individual course, or
participants in special accelerated courses,

to the extent and in the manner individually agreed in the Agreement or in the specific course conditions, depending on the Driving School’s current offer. The option to select an instructor and/or vehicle may be subject to a fee according to the price list.

5.4 The Driving School reserves the right to:

change the assigned instructor and/or vehicle, particularly due to illness or absence of the instructor, a technical malfunction of the vehicle, or operational or organisational reasons,
change or cancel an already booked appointment for justified operational reasons within the time limit and in the manner specified in Article 7 of these GTC; in such a case, the Student will be informed without undue delay and offered a replacement appointment.

5.5 The Student acknowledges that the number of available appointments is limited by the capacity of the vehicle fleet and the number of instructors, and that reservations are allocated according to availability.

Article 6 – Course Progress, Rights and Obligations of the Student

6.1 The Student has, in particular, the right:

to proper training to the extent agreed in the Agreement and in accordance with applicable legislation,
to information about the progress of the training, dates of theoretical and practical lessons and examination dates,
to request a change of the assigned instructor in justified cases; the Driving School will attempt to accommodate such a request where permitted by its capacity, except for courses in which the choice of instructor is already included in the service pursuant to Article 5.3.

6.2 The Student is obliged, in particular, to:

attend theoretical and practical instruction at the agreed times and to the full extent prescribed by applicable legislation,
arrive for practical driving lessons on time, sober, rested, without having consumed alcohol, narcotic or psychotropic substances, and in a condition fit to drive a motor vehicle,
carry the necessary documents (in particular an identity document) and wear appropriate and safe clothing and footwear suitable for driving a motor vehicle,
comply with the instructor’s instructions, road traffic rules and generally binding legal regulations,
properly and promptly notify the Driving School that they will not attend an agreed appointment, in the manner and within the time limit specified in Article 7,
protect the Driving School’s property and entrusted vehicles from damage, loss or destruction and handle them with due care.

6.3 The Driving School and/or instructor is entitled not to commence or to discontinue a practical driving lesson if there is reasonable suspicion that the Student is under the influence of alcohol, narcotic or psychotropic substances, or is otherwise unfit to drive a motor vehicle (e.g. due to acute illness, exhaustion, or medication affecting driving ability). In such a case, the teaching hour shall be considered completed and may be charged in full; such conduct by the Student may also be regarded as a serious breach of obligations pursuant to Article 8.5.

6.4 The Student acknowledges that failure to comply with the instructor’s instructions or applicable legislation during practical training may endanger road safety and the health of persons, and undertakes to act in accordance with the instructor’s instructions.

Article 7 – Lesson Appointments, Cancellations, Forfeited Lessons and Contractual Penalties

7.1 Dates and times of theoretical and practical lessons are agreed in advance between the Student and the Driving School, either in person, by telephone, by email or through the application. An agreed appointment is binding on both contracting parties.

7.2 If the Student cannot attend an agreed practical driving lesson, they are obliged to cancel or reschedule it no later than 24 hours before the scheduled start time, by telephone, SMS, email or through the application, in accordance with the Driving School’s instructions. A cancellation shall be considered valid only if confirmed by the Driving School or successfully completed through the application.

7.3 If the Student:

fails to cancel an agreed practical driving lesson no later than 24 hours before its scheduled start,
fails to attend the agreed practical driving lesson at all, or
arrives in a condition that prevents them from completing the practical driving lesson (in particular pursuant to Article 6.3),

the Driving School shall be entitled to a contractual penalty of EUR 25.00 (in words: twenty-five euros) for each teaching hour of practical driving affected in this way. The contractual penalty is payable upon request by the Driving School, and the Driving School is entitled to unilaterally offset it against course fees already paid or against any other claims of the Student against the Driving School. The application of the contractual penalty does not affect the Driving School’s right to claim damages.

7.4 If the Driving School cancels an agreed practical driving lesson less than 24 hours before its scheduled start, except in extraordinary and unavoidable circumstances (in particular sudden vehicle malfunction, sudden illness or incapacity of the instructor, road traffic obstacles, force majeure, etc.), the Student shall be entitled to a contractual penalty of EUR 25.00 for each teaching hour of practical driving affected in this way. This amount will be paid to the Student or, subject to agreement with the Student, offset in the form of a discount on the course price or other services provided by the Driving School.

7.5 The Student’s absence from lessons without proper excuse, repeated breaches of the cancellation conditions or repeated lateness may result in an extension of the duration of the course, removal of the Student from the standard reservation priority, or termination of the Agreement by the Driving School pursuant to Article 8 without entitlement to a refund of course fees beyond the extent stipulated by these GTC.

7.6 If the Student arrives more than 15 minutes late for a practical driving lesson without prior excuse, the instructor is entitled not to conduct the lesson; in such a case, the procedure under point 7.3 of these GTC shall apply.

Article 8 – Termination of the Course, Withdrawal from the Agreement

8.1 The Student is entitled to withdraw from the Agreement in writing (by registered post) or by email sent to the Driving School’s contact email address. Withdrawal takes effect on the date it is delivered to the Driving School.

8.2 In the event that the course is terminated before its regular completion, settlement of the price shall be carried out on the basis of the price division pursuant to Article 4.2 of these GTC as follows:

the portion of the price attributable to the theoretical part (45%) shall be considered used to the extent that the theoretical instruction was made available to and/or completed by the Student; if the Student completed the theoretical instruction in full, the price attributable to the theoretical part shall be considered fully used,
the portion of the price attributable to the practical part (55%) shall be reduced proportionately according to the number of practical driving teaching hours already completed and hours deemed to have been completed (in particular cancelled/forfeited lessons pursuant to Article 7).

8.3 In the event of termination of the Agreement for reasons attributable to the Student, the Driving School is entitled to payment of:

a proportionate part of the price for services already provided (theoretical and practical instruction, including cancelled/forfeited lessons),
demonstrable administrative costs associated with maintaining and terminating the Student’s course, as well as any cancellation fees, to the extent and in the amount specified in the Agreement or the Driving School’s price list; if the flat-rate administrative fee pursuant to point 8.4 of these GTC applies, the Driving School shall not charge any additional administrative costs pursuant to this point.

8.4 In the event of early termination of the Agreement by the Student before the proper completion of the course (in particular by withdrawal from the Agreement pursuant to point 8.1 of these GTC or termination of the Student’s participation in training), as well as where the Student requests a transfer to another driving school and the issuance of documents required to continue training at another driving school, the Driving School is entitled to charge the Student a one-off administrative fee of EUR 100.00 (in words: one hundred euros), including VAT.

The administrative fee under this point represents a flat-rate reimbursement of the Driving School’s administrative costs associated in particular with terminating and settling the course, closing, processing and archiving the Student’s documentation, removing the Student from the Driving School’s records and records maintained pursuant to specific legislation, preparing and issuing a statement showing the scope and progress of completed training, and related communication with public authorities and the receiving driving school.

The administrative fee is charged once per course termination. If the reason for early termination of the Agreement is the Student’s transfer to another driving school, the fee also includes the issuance of the documents referred to in the preceding paragraph, and the Driving School shall not charge any additional transfer fee. The fee is payable on the date of settlement pursuant to point 8.2 of these GTC, and the Driving School is entitled to unilaterally offset it against the Student’s claim for a refund of the proportionate part of the course fee. The Driving School shall issue the Student with the documents necessary to continue training at another driving school without undue delay, but no later than 15 days from the date on which the Student’s request is received.

8.5 The Driving School is entitled to withdraw from or terminate the Agreement if:

the Student seriously or repeatedly breaches obligations arising from the Agreement, these GTC or applicable legislation,
the Student fails to pay an outstanding amount even after receiving a written demand and within a reasonable additional period specified by the Driving School,
the Student fails, without justification, to participate in training for more than 6 (six) consecutive months and at the same time fails to communicate with the Driving School,
the Student ceases to meet the statutory requirements for participation in training or taking the examination.

8.6 In the event of termination of the Agreement for reasons attributable to the Student, the Driving School is not obliged to refund course fees beyond the obligations arising from these GTC and generally binding legal regulations.

8.7 If the Student, as a consumer, concluded the Agreement at a distance or away from the Driving School’s business premises within the meaning of Act No. 102/2014 Coll., the Student is entitled to withdraw from the Agreement without giving any reason within 14 days from the date the Agreement was concluded. If the Student expressly requested that provision of the service begin before the expiry of this period and the service was fully provided before withdrawal from the Agreement, the Student loses the right to withdraw from the Agreement. If the service was provided only partially, the Student is obliged to pay the Driving School an amount corresponding to the extent of the services provided up to the date on which the notice of withdrawal from the Agreement was delivered. A model withdrawal form is available on the Driving School’s website or, upon request, at the Driving School’s registered office.

Article 9 – Professional Competence Examinations

9.1 After the Student has duly completed the prescribed scope of theoretical and practical instruction, the Driving School shall register the Student for the professional competence examination for driving a motor vehicle with the relevant authority of the Police Force (Traffic Inspectorate).

9.2 Administrative fees for examinations and any other administrative fees associated with examinations are generally not included in the course price unless expressly stated otherwise in the Agreement or the Driving School’s price list; such fees shall be paid separately by the Student in accordance with the instructions of the Driving School or Traffic Inspectorate.

9.3 If the Student fails to attend an examination without proper and timely excuse, or fails to cancel their registration for the examination in due time, the Student may be charged a fee for re-registration for the examination in accordance with the Driving School’s price list and the conditions of the relevant Police Force authority. The Student is likewise obliged to pay all state fees associated with a repeat examination.

9.4 If the Student does not successfully pass the examination, they may take a repeat examination under the conditions and to the extent stipulated by applicable legislation and the Driving School’s current price list.

Article 10 – Liability for Damage

10.1 The Driving School shall be liable for damage caused to the Student in connection with the provision of services to the extent and under the conditions stipulated by the applicable laws of the Slovak Republic.

10.2 The Student shall be liable for damage caused intentionally or through gross negligence to the Driving School or third parties, in particular damage caused by intentional damage to a vehicle or classroom equipment, as well as damage caused by failure to comply with the instructor’s instructions or road traffic regulations.

10.3 Vehicles used for practical training are insured in accordance with applicable legislation, in particular through compulsory motor vehicle third-party liability insurance and, where applicable, comprehensive motor insurance. In the event of a traffic accident or loss event caused through the fault of the Student, the Driving School may require the Student to pay the deductible arising from comprehensive motor insurance and/or compensation for damage not covered by insurance, to the extent arising from the Agreement, these GTC, the insurance terms and conditions and applicable legislation.

10.4 The Student is obliged to notify the Driving School without undue delay of any loss event, traffic accident or vehicle damage occurring during training and to provide the necessary cooperation in resolving it.

Article 11 – Complaints and Alternative Dispute Resolution

11.1 The Student has the right to lodge a complaint regarding services provided if the services were not provided in the agreed quality or scope or in accordance with these GTC and the Agreement. The Student is obliged to lodge the complaint without undue delay after becoming aware of the defect in the service provided.

11.2 A complaint may be submitted in writing to the Driving School’s registered office or by email to the Driving School’s contact email address. The Student shall state their identification details, describe the defect in the service and specify the requested method of resolving the complaint.

11.3 The Driving School is obliged to resolve the complaint within 30 days from the date on which it was submitted, unless a longer period is agreed with the Student. The Driving School shall issue the Student with written confirmation of the resolution of the complaint.

11.4 If the Student, as a consumer, is dissatisfied with the manner in which the complaint was handled or believes that the Driving School has infringed their rights, they have the right to contact the Driving School with a request for remedy. If the Driving School rejects the request for remedy or fails to respond within 30 days from the date it was sent, the Student has the right to submit a proposal for the initiation of alternative dispute resolution (hereinafter referred to as “ADR”) pursuant to Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended.

11.5 ADR entities are authorities and authorised legal entities entered in the list maintained by the Ministry of Economy of the Slovak Republic, which is available on the Ministry’s website. The Student has the right to choose which of the listed ADR entities to contact. The Student may submit a proposal in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll. The Student may also use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr/.

11.6 ADR applies only to disputes between a consumer and a seller where the value of the dispute exceeds EUR 20; the ADR entity may require the consumer to pay a fee for initiating alternative dispute resolution of no more than EUR 5 including VAT.

Article 12 – Personal Data Protection

12.1 The Driving School processes the Student’s personal data to the extent necessary in particular for:

concluding and performing the Agreement,
maintaining the prescribed driving school documentation,
registering the Student for examinations and communicating with the relevant public authorities,
maintaining accounting, tax and other records in accordance with applicable legislation,
fulfilling the Driving School’s statutory obligations.

12.2 Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 18/2018 Coll. on Personal Data Protection, as amended.

12.3 Detailed information on the processing of personal data, in particular the purposes and legal basis of processing, retention periods and the rights of the data subject (Student), is set out in the separate document “Privacy Policy”, which is available at the Driving School’s registered office and/or on its website.

Article 13 – Final Provisions

13.1 The Driving School is entitled to unilaterally amend or supplement these GTC, in particular as a result of changes in legislation, changes to the price list, technological changes to the reservation system or changes in the organisation of service provision. Amendments to the GTC shall take effect on the date they are published at the Driving School’s registered office and/or on the Driving School’s website. Agreements already concluded shall remain subject to the version of the GTC effective at the time they were concluded, unless the Driving School and the Student agree otherwise or unless otherwise required by a change in applicable legislation.

13.2 If any individual provision of these GTC is or becomes invalid, ineffective or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions of the GTC. In such a case, the invalid, ineffective or unenforceable provision shall be replaced by a provision that most closely corresponds to the meaning and purpose of the original provision.

13.3 The contracting parties undertake to resolve any disputes arising from the Agreement or these GTC primarily by mutual agreement. If the dispute cannot be resolved by agreement or through alternative dispute resolution, the court of the Slovak Republic having subject-matter and territorial jurisdiction shall have jurisdiction to decide the dispute.

13.4 Communication between the contracting parties shall take place in the Slovak language, in person, in writing, by email or through the Driving School’s application.

13.5 These GTC shall enter into force and effect on 26 August 2026.