TERMS AND CONDITIONS OF SALE

1. Presentation

1.1. You will find below the General Conditions (the “Conditions”) that apply to your booking with L’On Auto-école SÀRL, a company registered in Switzerland under company number CH-ID CH-660-0594016-4, whose registered office is at L’On Auto-école Sàrl c/o Roberto Moreira Dos Santos Junior, Rue Hoffmann 9, 1202 Geneva.

Please read these Terms carefully and make sure you understand them before booking any services with L’On Auto-école SARL.

1.2. Where certain words and expressions begin with a capital letter in these Conditions, they correspond to defined terms, the meaning of which is given in article 14 below.

1.3. In these Conditions, the terms “Auto-école Lémanique”, “AEL Auto-école”, “Auto-école”, “AEL”, “Notre Société”, “Société”, “we” or “our” refer, in relation to your booking, to the driving school described in article 2 below. The terms “you” or “your” refer to you as the Student or Person making the Reservation.

1.4. If any provision of these Terms is held to be invalid by reason of, or contrary to, any Applicable Law, such Applicable Law shall prevail without affecting the validity of the remaining provisions of these Terms.

1.5. These terms and conditions come into force on March1, 2022 and may be amended at any time without prior notice.

2. Learn with L’On Auto-école SARL

2.1. When you book a service or a lesson with us, your Reservation and your contract are concluded with L’On Auto-école SARL. However, your service will be provided either by AEL instructors or by external collaborators. All courses are governed by these Terms and Conditions.

3. Reservations

Make a Reservation

3.1. All Reservations must be made and are reserved exclusively for individual Customers, natural persons of legal age and capacity, acting on their own behalf or as the legal representative on behalf of a minor or legally incompetent adult, residing in Switzerland. If You are between the ages of fifteen and eighteen: You must obtain the consent of your legal representative before purchasing an Order, which You acknowledge and accept. Our Company may ask You at any time, and by any means We deem useful, to provide Us with proof of this authorization.

3.2. Services can be booked in several ways: on our Website, our App, by calling our Customer Service, by visiting our venue, by WhatsApp or by e-mail.

3.3. Please note that when you make a Reservation, we create an account allowing you to make and manage your Reservations. We can also do this when you make a Reservation via our secretariat. Please refer to our Privacy Policy for more details.

3.4. A Person making the Reservation may make a Reservation on behalf of other students, provided in particular that the Person making the Reservation :

3.4.1. accepts these Conditions on behalf of all students;

3.4.2. assumes responsibility for managing and transmitting all communications concerning the Reservation, including these Conditions, to all participants listed on the Reservation;

3.4.3. if the Person making the Reservation is not a student, he/she must provide us with the e-mail address and telephone number of the main student so that we can contact him/her directly in the event of any disruption to his/her course, such as delays or cancellations;

3.4.4. obtains the consent of each Student to receive any refund due in respect of the Reservation (if applicable);

3.4.5. acknowledges that all other participants listed on the Reservation may make subsequent modifications to it (as described in greater detail in article 6.12 below).

Booking for large groups

3.5. You can make a standard Reservation for up to 12 customers on our Website. To help you make Reservations for groups of 12 customers, we also have a dedicated Group Reservations Team. Bookings made through this dedicated team will be subject to additional charges and to our Group Booking Conditions. Send all student permits by e-mail to info@aelautoecole.ch.

When a reservation is confirmed

3.6. You acknowledge having read the Conditions prior to ordering.

3.7. When you finalize the order process with us, the order is interpreted as an offer to enter into a contract with us. The offer is only accepted by us, and a contract is concluded when a date is set for the course. Consequently, the fact that you have an appointment for a course implies full acceptance of the Conditions.

3.8. We will send you a booking confirmation by WhatsApp or e-mail. Please check all information carefully. You must contact us if any of this information is incorrect. Please also refer to article 6 (Modifying your Reservation).

3.9. If you believe you have made a Booking without having received a Booking Number or Booking Confirmation, please contact us at info@aelautoecole.ch.

Reservation cancellations due to certain behaviors

3.10. We reserve the right to cancel your course or related Bookings, deny you access to the course, or take other action to protect ourselves and our systems, with or without notice, if, among other things:

3.10.1. you are unable to provide the cardholder’s contact details on request, which prevents us from carrying out identity checks;

3.10.2. the cardholder has not authorized the payment or contests the authorization of the payment and/or reports a fraudulent Reservation;

3.10.3. you have not paid (or the Person making the Booking has not paid on your behalf) the appropriate rates or any other outstanding charges relating to your Booking;

3.10.4. we have reasonable grounds to suspect that the Reservation or any information provided in connection with the Reservation (whether provided by the Cardholder, the Person making the Reservation or a Pupil) is fraudulent, misleading, abusive or inaccurate; and/or

3.10.5. we have reasonable grounds to suspect that the Cardholder, the Person making the Reservation or the Student is involved in any other fraudulent activity.

4. Rates, currency and payment

Our prices

4.1. Prices are for your lessons only. Prices are subject to change at any time.

Expenses

4.2. We are responsible for any costs we incur in providing your course (e.g. fuel used to drive the vehicle).

4.3. However, this does not apply to any additional costs incurred as a result of your fault, failure or non-compliance with applicable requirements, for which we reserve the right to demand reimbursement from you.

Currency

4.4. Our rates must be paid in the currency indicated at the time of booking. If you make changes online or by phone, we will charge you in the same currency as your original Booking.

Payment

4.5. Unless otherwise specified by us, the person making the Reservation must pay in full by credit card via our website or in cash at the secretary’s office on the first day of the course.

4.6. Students enrolled in the course are asked to keep their receipt of payment in order to present it to the secretary’s office at the start of their course, if requested. If the student pays by bank transfer, he/she must print out the transaction confirmation page showing his/her payment and present it on request. In the case of exceptional reimbursements granted by Management, a processing fee of 10% of the amount to be reimbursed will be deducted.

4.7. Students who do not attend the course will receive a payment slip for which they will be responsible.

4.8. Your bank or card issuer may charge you exchange or other transaction fees. We are not responsible for these costs.

4.9. All services purchased from the AEL are valid for six months from the date of purchase. If the service has not been provided within this period, it will no longer be valid and cannot be used.

5. Refunds

5.1. Our rates and fees are non-refundable. Therefore, if you cancel, miss or fail to attend your course, you will not receive any refund unless otherwise stated in these Terms.

Cancellations within 24 hours of Reservation

5.2. If you cancel your Booking in full within 24 hours of making it, we will refund your Booking in full. You can cancel your Reservation by e-mail at info@aelautoecole.ch.

5.2.1. However, please note that you cannot cancel your Booking less than 96 hours (4 working days) before the start time for “classroom courses, awareness courses, theory courses, first aid courses, basic motorcycle courses and other group courses” and less than 48 hours (working days) for “motor vehicle or motorcycle courses”, even if the Booking was made within the last 24 hours.

Cancellations due to illness

5.3. Unless a medical certificate specifying the inability to drive or attend the course is presented within 72 hours of the missed course, the service will be invoiced and due. The time limit begins to run at the time when the course starts or should have started.

5.4. Course cancellations must be made by e-mail to info@aelautoecole.ch. No cancellations other than by e-mail will be accepted. Cancellations received after the above deadlines will not be replied to, and the service will be invoiced and due.

Repayment method

5.5. We will only make refunds on behalf of the Person making the Reservation and using the original method of payment or the original aelautoecole.ch account, if applicable. If the original payment method or account is no longer available, we will make the refund using another payment method, in the name of the Person making the Reservation.

5.6. A refund made to a person presenting themselves to us as the Person making the Booking, providing us with the necessary Booking and security information and whom we have reasonable grounds to believe to be the Person making the Booking, will be considered a valid refund and we will not process any subsequent request for a refund made by the Person making the Booking or any other Student listed on the Booking.

5.7. Refunds will normally be made in the original currency in which the Reservation was made.

6. Modify your Reservation

Move your course

6.1. Rescheduling of indoor courses, awareness courses, theory courses, first aid courses, motorcycle basic courses and other group courses must be done at least 96 hours in advance, on working days, in order to be able to assign the course to another student. If a course is to be moved by motor vehicle or motorcycle, this must be done at least 48 hours in advance, so that the place can be allocated to another student. All displacements must be made by e-mail to info@aelautoecole.ch.

6.2. You can change your course to another available AEL course if you pay the Course Change Fee and the difference in rate applicable to your new course, if any. These fees are calculated when you modify your Reservation. If the new rate is lower than the original rate, we will not refund the difference.

6.3. Once these deadlines have passed, the course cannot be rescheduled. If the student does not attend the lesson, the lesson is considered lost and the service will be invoiced and due. No exceptions will be granted.

Participant(s) changes

6.4. You cannot change the name of a Student on a Reservation and replace it with someone else’s name. The services purchased are nominative and cannot be passed on to other persons.

6.5. You cannot resell your reservation to someone else. We reserve the right to cancel any Booking, without refund, if we have reasonable grounds to believe that it may have been resold or offered for resale (including, but not limited to, via any online marketplace).

Spelling mistakes

6.6. It is important that your name is spelled correctly on your Booking Confirmation and our attendance lists and that it matches the name on your official document “passport, identity card, student permit or other official proof” (cards such as bus passes, student cards or library cards are not considered official documents). If this is not the case, you should correct it as soon as possible.

6.7. To correct your name, please contact us by e-mail at info@aelautoecole.ch. You will not be charged for this change, as long as we have reasonable grounds to believe that you are correcting an error and are not attempting to transfer the purchase into someone else’s name.

How to modify personal information

6.8. The student enrolled in the course must check all personal information carefully and correct it if necessary. To correct this, the student must send us an e-mail as soon as possible on info@aelautoecole.ch or directly in person if he/she notices that the information is incorrect.

6.9. A Person making the purchase, or a Pupil, may make changes to a service having answered the necessary data protection security questions and having confirmed to us that he or she has obtained the agreement of the Person making the purchase and of the other Pupils (if applicable) to make such changes. Insofar as we have acted reasonably and in good faith in answering our security questions relating to data protection, we cannot be held liable for having made these changes if, without our knowledge, such consent was not given.

7. Customer requiring special assistance

7.1. For safety reasons, if you have special needs related to a disability or medical problem, in particular if you suffer from a health problem that prevents you from performing certain tasks such as; leaving your seat and accessing an emergency exit, putting on a mask or using the toilet alone, please add any requests at the time of booking so that we can pass on your request to the relevant staff.

7.2. You can also add a request after you have made your Reservation – please see our Special Support Center contact page for details. Please inform us of your requirements at least 48 hours before the scheduled start of your course.

8. Procedures

Arrival at the driving school or training location defined by the driving school

8.1. You must arrive at the driving school at least 15 minutes before the course is due to start in order to sign the attendance list, correct any mistakes and complete all the formalities required for the course to run smoothly.

8.2. Students who fail to sign the sheet at the beginning of each session will be considered absent.

8.3. If you are unable to present your invoice and all required documents upon request, we may refuse to provide the course. The course is due.

8.4. You will need to present your student permit and/or all required documents. Please refer to articles 8.9 to 8.11 (Documents and other requirements). You must comply with all checks and control procedures.

If you miss your class

8.5. Students must be punctual for the entire duration of their course. In the event of lateness, the student will automatically be considered absent.

8.6. A student who, without a medical certificate (see article 5.3), misses a session (except the first one) may make up the missed session within a maximum of 3 months. A fee of CHF 50 will be charged for a make-up session. After this period (3 months), the course and its investment are lost. If a student wishes to take a remedial course, he/she must come on the dates chosen by the AEL and the student together. If a student misses a make-up class, he/she must pay for the entire course.

8.7. If the student misses the first session of the first module, the course and investment are forfeited, unless the student has a medical certificate (see article 5.3). Attendance at the first session is compulsory to be able to follow the rest of the course, so the student will not be able to attend the other days of the module.

8.8. We will not be held responsible for any costs you may incur as a result of a missed lesson and you will not be entitled to any compensation or refund (except in cases covered by article 5.3).

Documents and other requirements

8.9. Please comply with all directives issued by the Federal Roads Office, the Cantonal Motor Vehicles and Navigation Office and the Accident Prevention Bureau.

8.10. We ask all customers to provide photo identification (passport, identity card, student permit or other official document) upon arrival at the driving school, as well as a vehicle registration document.

8.11. The instructor may exclude anyone from the course who does not meet these requirements. The person concerned is held responsible for any such negligence. In this case, the course and its investment are lost. No exceptions will be granted.

Exam presentation

8.12. If the instructor has reason to believe that the student is not ready for the practical test, he/she is under no obligation to present the student for the test. In this case, students who have already booked an exam date will not be able to request a refund if they cancel their exam.

8.13. If the instructor has reason to believe that the student is ready for the practical test, the student can ask the instructor to take the test. The instructor is free to accept or refuse this request.

Choice of vehicle

8.14. Driving lessons are given in the car chosen by the instructor. Lessons with private cars are not possible.

8.15. If the student does not control the instructor’s vehicle, this will not be considered as grounds for a refund.

Other procedures

8.16. The instructor will provide training adapted to the student’s level. If the student has not mastered certain points, but still asks to go on to the next one, the instructor can refuse this request, as long as the student has not mastered them.

9. Right to refuse the course

9.1. We may refuse to provide training even if you are already in the classroom, vehicle or other training location, without incurring any liability, if we have reasonable grounds to believe that, for example (illustrative list):

9.1.1. you risk compromising or endangering the safety of the hall, the health or safety of any person in the hall or in the vehicles;

9.1.2. you are under the influence of alcohol or drugs;

9.1.3. you have smoked or attempted to smoke in the room or in the vehicle;

9.1.4. you are in illegal possession of drugs;

9.1.5. your mental or physical state presents a danger or risk to yourself, to the hall, to vehicles or to any other person;

9.1.6. you have harmed, injured or used threatening, abusive, insulting, discriminatory, obscene or offensive language or behaviour towards a member of our staff, or any other participant;

9.1.7. you have committed a criminal offence during the booking or registration process;

9.1.8. you represent a danger/risk to yourself, others or property;

9.1.9. you have failed to comply with our safety and security instructions, whether in the vehicle, on the training site or in the classroom;

9.1.10. you have refused to submit to a personal identity check ;

9.1.11. you do not have the required documents. We reserve the right to retain these documents;

9.1.11.1. any document presented by you :

9.1.11.2. the documents have been acquired illegally or have been purchased from an entity other than us or our collaborators;

9.1.11.3. documents are counterfeit or subject to payment fraud;

9.1.11.4. the documents have been altered or damaged by someone other than us or our authorized collaborators.

9.1.12. the person attending the course, classroom or other training venue cannot prove that he or she is the Student named on the Reservation;

9.1.13. such action is necessary to comply with any applicable Law.

9.1.14. we may cancel any services included in your purchase (no refund will be made in such circumstances); and

9.1.15. we may cancel any existing purchase and/or refuse to accept future training on your behalf for as long as we deem appropriate in the circumstances.

10.behavior

10.1. In accordance with the applicable law, instructors, trainers and secretaries are responsible for and all persons in classrooms and vehicles must obey all lawful orders given by our staff. If participants misbehave, display disruptive behavior or cause problems, all our staff are empowered to resolve issues to the best of their ability in all circumstances.

10.2. If your behavior in the vehicle or on the driving school premises is unlawful, immoral or contrary to the proper functioning of the course, we may take any action we deem necessary to stop such behavior, including expelling you from the vehicle or from the training rooms or any other training location, as well as terminating your training. You may be prosecuted for any offence committed. You will be liable to us for all costs arising from any improper conduct on your part. Here are a few examples of unlawful, immoral or disruptive behavior:

10.2.1. endangers the vehicle or any person or property; and/or

10.2.2. hinders Personnel in the performance of their duties; and/or

10.2.3. goes against Staff instructions; and/or

10.2.4. involves threatening, abusive, discriminatory or insulting language or behaviour towards Staff; and/or

10.2.5. involves behavior that is disorderly, unpredictable, dangerous, discriminatory or aggressive, or in a way that another Student might reasonably object to.

10.3. In accordance with Swiss requirements, participants should note that smoking is strictly forbidden and that measures will be taken to prevent any Student from smoking within the school.

11 Schedule changes, delays and cancellations

11.1. Except for the rights granted to you under these Terms and Conditions or applicable law, the course times shown on our Website or elsewhere are not guaranteed.

11.2. We are not responsible for any errors or omissions relating to timetables or other information provided by third parties concerning the dates, times or operation of any course.

11.3. At any time after you have made your Booking, we may be required to change our timetable, cancel, or delay our courses. These changes may be made for security reasons, for other commercial or operational reasons or for any other reason.

11.4. If we make a cancellation or material change, we will contact the Person making the Booking about it as soon as reasonably possible, using the contact details shown on the Booking. If you are the Person making the Reservation, it is your responsibility to contact all other persons listed on the Reservation to inform them of any such changes.

12.general information

12.1. Any exclusion or limitation of our liability applies to and is for the benefit of our employees and representatives and any person or entity whose vehicle or premises we use and the staff, employees and representatives of any such person or entity to the same extent as it applies to us.

12.2. We shall not be liable for any indirect or consequential damages, whatever their nature or origin. Except as expressly provided in these Terms, nothing in these Terms shall operate to exclude or limit our liability to the fullest extent permitted by applicable law, and in no event shall our obligations exceed those specified in these Laws.

12.3. Please comply with all directives issued by the Federal Roads Office, the Cantonal Motor Vehicles and Navigation Office and the Accident Prevention Bureau.

First aid

12.4. The first aid course lasts 10 hours. By law, the course cannot be completed in a single day.

12.5. First aid certificates are valid for 6 years. If the card (attestation) is lost, a fee of CHF 30 will be charged for a duplicate.

12.6. The student enrolled in the first aid course must scrupulously check and correct, if necessary, all personal information collected for the creation of the certificate. By signing this form, you confirm that the information provided is accurate. In the event of an error, a new card request will be billed at CHF 30 to the registered student.

Awareness

12.7. The awareness-raising course lasts 8 hours: 4 blocks of 2 hours or 2 blocks of 4 hours, at intervals of at least 24 hours, depending on the law. To obtain the course certificate, students must attend all training sessions.

Driving courses

12.8. The driving course lasts 50 minutes. Students must always be in possession of a valid driver’s license during the driving course.

12.9. Students wishing to change their foreign driving licence into a Swiss licence must always be in possession of a licence valid on Swiss territory during lessons.

12.10. If a student wishes to take a driving course and have the instructor sign a certificate for a third attempt at the test, he or she must comply with the instructions given by the instructor to train and prepare for the test in accordance with the law.

Motorcycle

12.11. The basic motorcycle course is divided into 6-hour, 8-hour and 12-hour classes, depending on the license you’re interested in and the license you already have.

12.12. Parts 1, 2 and 3 each last 4 hours. Part 2 A lasts 2 hours, according to the law.

12.13. Students must complete parts 1, 2, 2 A and 3 in chronological order, depending on the number of hours required by law.

12.14. For the 6 hours: part 2 A + part 3. For the 8 hours: part 1 + part 2. For the 12 hours: part 1 + part 2 + part 3. In order to take the course, students must present themselves with a motorcycle whose horsepower meets the requirements of the learner’s permit they have applied for.

12.15. Basic courses are not introductory courses, but reinforcement courses. The participant must already have mastered his or her vehicle before taking part in the course. Road safety clothing is also required: jacket, gloves, helmet, pants, closed shoes. We also suggest you bring rain gear in case of bad weather.

12.16. The vehicle must be refueled before the start of the course. The vehicle must be in good working order, with efficient brakes and tires in good condition. Students subject to the 12-hour basic course must attend the course with a vehicle rated at over 11 kW.

13. data protection

13.1. We control how your personal data is collected and the purposes for which it is used, and we remain the “data controller” in accordance with the data protection laws that apply to us, including European Regulation 2016/679 (General Data Protection Regulation or GDPR).

13.2. We take all necessary measures to prevent access to this data, as well as its alteration or disclosure. This information is treated with the utmost confidentiality and is not sold or distributed. Under no circumstances will they be communicated to anyone who requests them, except by Swiss court order.

13.3. Please ensure that the contact details of the Person making the Booking, as well as the student information provided to us, are correct, and update them immediately if they change. You can do so by sending us an e-mail.

14 Definitions

14.1. For the purposes of these Terms and Conditions, :

14.1.1. “Pupil, participant”: any Pupil, adult or aged 15 or over, who appears on the booking.

14.1.2. “Advance passenger information”: additional information (including information on your travel document) that must be provided as part of the check-in process.

14.1.3. “Application”: the Ae-l.ch mobile applications connected to the Website and operated by or for Ae-l.ch, through which bookings can be made;

14.1.4. “Applicable Law”: all laws, legislations, regulations, all by-laws, codes of conduct and all mandatory guidelines, applicable to the Booking, any other service we provide to you under these Terms ;

14.1.5. “Booking”: a reservation for one or more Ae-l.ch courses (together with any Additional Services, if applicable) that we accept in accordance with article 3.5 ;

14.1.6. “Reservation Number”: the alphanumeric locator that we send to the Person making the Reservation to confirm and identify each Reservation;

14.1.7. “Person making the Reservation”: an adult of at least 18 years of age who makes a Reservation on behalf of all the persons listed on that Reservation;

14.1.8. “Booking Confirmation”: the confirmation page, and/or e-mail from Ae-l.ch to the attention of the Person making the Booking, containing your Booking Number and setting out the details of your Booking and any special terms and conditions applicable to your Booking;

14.1.9. “Closing time”: the time of check-in, or the time the room door closes for your class;

14.1.10. “Customer Service”: the telephone and online support teams of Ae-l.ch Customer Service, whose contact details are shown on our Contact Us page;

14.1.11. “Student(s)”: any person(s) listed on a Reservation made or to be made on an Ae-l.ch course;

14.1.12. “Website”: Ae-l.ch or another website belonging to Ae-l.ch and operated by or for Ae-l and through which Reservations can be made.

15 Final provisions

15.1. These terms and conditions are governed by Swiss law.

15.2. The place of jurisdiction is Geneva.

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