GENERAL TERMS AND CONDITIONS

for the provision of TopDrive driving school services

Operator:

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

Article 1 – Basic Provisions

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the rights and obligations of the contracting parties in the provision of driving training and supplementary driving school services between the company Invictus Animi, s. r. o., with its registered office at Zochova 6-8, 811 03 Bratislava – Staré Mesto municipal 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 who enrols in a driving licence course or another service of the Driving School (hereinafter referred to as the “Student”).

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

1.3 Legal relationships not regulated by these GTC and the Contract 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 Based on a Distance Contract or a Contract Concluded Away from the Seller’s Business Premises, as amended, where relevant; 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 Contract, 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 Contract, does not act within the scope of their business activity, employment, or profession.

Article 2 – Subject Matter of the Contract

2.1 The subject matter of the Contract is the obligation of the Driving School to provide the Student with training to obtain a driving licence for the relevant category, in particular category B, and, within the current offer of the Driving School, also 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 obligation of the Student to pay the agreed price for the services provided.

2.2 The training consists mainly of:

theoretical preparation – teaching the rules of road traffic, principles of safe and defensive driving, vehicle construction and maintenance, first aid preparation, and other prescribed topics;

practical training – driving on a training ground, in road traffic, and, where necessary, also on a simulator;

all to the extent of the minimum number of teaching hours determined by the legal regulations 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, both for theoretical and practical instruction, unless the Contract, price list, or special course conditions expressly state otherwise.

2.4 The Driving School undertakes to provide services in a scope and quality corresponding to the applicable legal regulations, the approved curriculum, and the certificate authorising it to conduct driving school courses.

Article 3 – Enrolment in the Course and Conditions of Participation

3.1 The Student enrols in the course by:

completing and signing the driving school application form, i.e. the Contract, or, where applicable, by submitting an electronic application through the Driving School’s website or application; and

submitting the documents required by legal regulations and by 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 legal regulations, such as a psychological examination, proof of education, previous driving licence, etc.

3.2 A condition for participation in the course is reaching the statutory minimum age for the relevant driving licence category no later than on the date of the professional competence examination. At the start of training, the Driving School shall allow the Student to begin training before reaching this age to the extent permitted by legal regulations.

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

3.4 The Driving School is entitled not to admit the Student to the course or to terminate the Contract if:

the Student does not meet the statutory conditions for participation in the training;

the Student submits false, incomplete, or invalid documents; or

the Student seriously breaches the obligations set out in these GTC, the Contract, or legal regulations.

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 Contract is concluded; or

directly in the Contract.

The prices in the price list are stated including VAT. The Driving School has been a VAT payer, VAT ID No.: SK2122183041, since 25 November 2024.

4.2 For the purposes of these GTC, in particular for settlement in the event of early termination of the course under Article 8, the course price is divided into:

the theoretical part amounting to 45% of the total course price; and

the practical part amounting to 55% of the total course price.

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

4.3 The Student undertakes to pay the course price:

in a lump sum upon signing the Contract; or

in instalments, if such option is expressly agreed in the Contract or permitted by the Driving School’s price list.

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

4.5 In the event of the Student’s delay in paying the course price or an instalment, the Driving School is entitled to:

suspend the Student’s training until the outstanding amount is fully paid, whereby 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 legal regulations.

4.6 The course price includes the services expressly stated in the Contract 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 examinations or other documents required by legal regulations.

Article 5 – Reservation System and Assignment of Instructors and Vehicles

5.1 Reservation of practical driving lesson dates is carried out primarily through the reservation system available in the application and/or web interface of TopDrive Driving School (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 reserves practical driving lesson dates through the application within the available free time slots;

has no influence over which instructor and which vehicle from the Driving School’s fleet will be assigned to them for a specific time slot.

The assignment of a specific instructor and vehicle falls entirely within the competence of the Driving School, according to its current capacity, operational, and organisational possibilities.

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

a participant in an individual course; or

a participant in special accelerated courses;

and only to the extent and in the manner individually agreed in the Contract or in the special course conditions, according to the current offer of the Driving School. The option to choose 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 assigned vehicle, in particular due to illness or absence of the instructor, a technical defect of the vehicle, or operational or organisational reasons;

change or cancel an already reserved time slot for justified operational reasons, within the deadline and in the manner stated in Article 7 of these GTC. In such case, the Student shall be informed without undue delay and shall be offered an alternative date.

5.5 The Student acknowledges that the number of available time slots 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 of Training, Rights and Obligations of the Student

6.1 The Student has, in particular, the right to:

proper training in the scope agreed in the Contract and in accordance with applicable legal regulations;

information about the course of training, dates of theoretical and practical lessons, and examination dates;

request a change of assigned instructor in justified cases. The Driving School shall attempt to comply with such request if its capacity allows, except for courses where the choice of instructor is already part of the service under Article 5.3.

6.2 The Student is obliged, in particular, to:

attend theoretical and practical instruction on the agreed dates and to the full extent prescribed by legal regulations;

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, the rules of road traffic, and generally binding legal regulations;

duly and on time notify the Driving School that they will not attend an agreed time slot, in the manner and within the deadline set out in Article 7;

protect the property of the Driving School and the entrusted vehicles from damage, loss, or destruction, and handle them with due professional care.

6.3 The Driving School, or the instructor, is entitled not to carry out or to interrupt 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, for example due to acute illness, exhaustion, or medication affecting the ability to drive. In such case, the teaching hour shall be deemed completed and may be charged in full; such conduct by the Student may also be considered a serious breach of obligations under Article 8.3.

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

Article 7 – Lesson Dates, Cancellation, Forfeiture of Lessons and Contractual Penalties

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

7.2 If the Student is unable to attend an agreed practical driving lesson, they are obliged to cancel or reschedule it no later than 24 hours before the scheduled start of the time slot, by telephone, SMS, email, or through the application, according to the instructions of the Driving School. Only a cancellation confirmed by the Driving School or successfully completed in the application shall be considered a proper cancellation.

7.3 If the Student:

does not cancel the agreed practical driving lesson no later than 24 hours before its scheduled start;

does not attend the agreed practical driving lesson at all; or

arrives in a condition that prevents them from completing the practical driving lesson, in particular under Article 6.3;

the Driving School shall be entitled to a contractual penalty in the amount of EUR 39.60, in words: thirty-nine euros and sixty cents, for each teaching hour of practical driving affected in this way. The contractual penalty is payable upon the Driving School’s request, and the Driving School is entitled to unilaterally set it off against the course fee already paid or against any other receivables of the Student against the Driving School. The application of the contractual penalty shall not affect the Driving School’s right to compensation for damage.

7.4 If the Driving School cancels an agreed practical driving lesson later than 24 hours before its scheduled start, except in extraordinary and unavoidable situations, in particular a sudden vehicle defect, sudden health indisposition of the instructor, road traffic obstacles, force majeure, etc., the Student shall be entitled to a contractual penalty in the amount of EUR 39.60 for each teaching hour of practical driving affected in this way. This amount shall be paid to the Student or, based on agreement with the Student, set off in the form of a discount on the course price or other Driving School services.

7.5 The Student’s absence from lessons without proper excuse, repeated breach of cancellation conditions, or repeated lateness may lead to extension of the course duration, removal of the Student from the standard reservation priority, or termination of the Contract by the Driving School under Article 8, without entitlement to a refund of the course fee beyond the scope set out in these GTC.

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

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

8.1 The Student is entitled to withdraw from the Contract in writing, by registered post, or by email sent to the Driving School’s contact email address. Withdrawal becomes effective on the date of delivery to the Driving School.

8.2 In the event of termination of the course before its proper completion, settlement of the price shall be carried out based on the division of the price under Article 4.2 of these GTC as follows:

the part of the price attributable to the theoretical part, 45%, shall be deemed used to the extent to which the theoretical instruction was made available to and/or completed by the Student; if the Student completed the theoretical instruction in full, the part of the price for theory shall be deemed used in full;

the part of the price attributable to the practical part, 55%, shall be reduced proportionally according to the number of teaching hours of practical driving already completed and the hours deemed completed, in particular cancellation hours under Article 7.

8.3 In the event of termination of the Contract for reasons attributable to the Student, the Driving School shall be entitled to payment of:

a proportional part of the price for services already provided, namely theoretical and practical instruction including cancellation hours;

demonstrable administrative costs associated with the administration and termination of the Student’s course, or cancellation fees, to the extent and in the amount stated in the Contract or the Driving School’s price list.

8.4 The Driving School is entitled to withdraw from the Contract or terminate the Contract if:

the Student seriously or repeatedly breaches obligations arising from the Contract, these GTC, or legal regulations;

the Student fails to pay the outstanding amount even after a written request within a reasonable additional period set by the Driving School;

the Student fails to participate in training for a period longer than 6, in words: six, consecutive months without justification and at the same time does not communicate with the Driving School;

the Student has ceased to meet the statutory conditions for participation in training or for taking the examination.

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

8.6 If the Student, as a consumer, concluded the Contract remotely 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 Contract without giving a reason within 14 days from the date of conclusion of the Contract. If the Student expressly requested the commencement of service provision before the expiry of this period and the service was fully provided before withdrawal from the Contract, the Student loses the right to withdraw from the Contract. If the service was provided only partially, the Student is obliged to pay the Driving School an amount corresponding to the scope of services provided until the date of delivery of the notice of withdrawal from the Contract. 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 professional competence examinations for driving a motor vehicle with the relevant authority of the Police Force, i.e. the traffic inspectorate.

9.2 Administrative fees for examinations and any other administrative fees related to examinations are generally not included in the course price, unless the Contract or the Driving School’s price list expressly states otherwise. These fees shall be paid separately by the Student according to the instructions of the Driving School or the traffic inspectorate.

9.3 If the Student does not attend the examination without proper and timely excuse, or does not withdraw from the examination in time, the Student may be charged a fee for re-registration for the examination according to the Driving School’s price list and the conditions of the relevant Police Force authority. The Student is also obliged to pay all state fees related to the repeated examination.

9.4 If the Student does not pass the examination successfully, they may take a repeated examination under the conditions and to the extent determined by legal regulations and the current Driving School 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 set out by the applicable legal regulations of the Slovak Republic.

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

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

10.4 The Student is obliged to notify the Driving School without undue delay of any damage event, traffic accident, or vehicle damage that occurred 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 file a complaint regarding the services provided if the services were not provided in the agreed quality, scope, or in accordance with these GTC and the Contract. The Student is obliged to file the complaint without undue delay after becoming aware of the defect in the service provided.

11.2 A complaint may be filed in writing at the Driving School’s registered office address or by email to the Driving School’s contact email address. In the complaint, the Student shall state their identification details, a description of the service defect, and the requested method of handling the complaint.

11.3 The Driving School is obliged to handle the complaint within 30 days from the date it is filed, unless it agrees with the Student on a longer period. The Driving School shall issue the Student with a written confirmation of the handling of the complaint.

11.4 If the Student, as a consumer, is not satisfied with the manner in which the complaint was handled, or believes that the Driving School has violated their rights, the Student has the right to contact the Driving School with a request for remedy. If the Driving School responds to the request for remedy negatively or does not respond within 30 days from the date on which the request was sent, the Student has the right to submit a proposal to initiate 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 of 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 the proposal in the manner determined under 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 whose value 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:

conclusion and performance of the Contract;

maintaining the prescribed driving school documentation;

registering the Student for examinations and communicating with the relevant public authorities;

maintaining accounting, tax, and other documents in accordance with applicable legal regulations;

fulfilment of the Driving School’s statutory obligations.

12.2 The processing of personal data is carried out 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 on the purposes, legal basis, retention period, and rights of the data subject, i.e. the Student, is provided 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 due to changes in legal regulations, changes to the price list, technological changes to the reservation system, or changes in the organisation of service provision. An amendment to the GTC becomes effective on the date of its publication at the Driving School’s registered office and/or on the Driving School’s website. For Contracts already concluded, the wording of the GTC effective at the time of their conclusion shall apply, unless the Driving School and the Student agree otherwise, or unless a change in legal regulations implies otherwise.

13.2 If individual provisions of these GTC are or become invalid, ineffective, or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions of the GTC. In such 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 Contract or these GTC primarily by 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 decide the dispute.

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

13.5 These GTC enter into validity and effect on 24.05.2026 .