Terms of Service & Student Policies
Effective Date: November 1, 2025 · Bronx, New York
We are pleased that you have chosen Avian Driving School, Inc. (“Avian,” “we,” “our”) for your driver-training needs. These Terms of Service (“Terms”) govern all driving lessons, packages, road test services, courses, and use of our website (collectively, the “Services”). By enrolling, scheduling, or participating in any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Please review these Terms carefully, as they affect your legal rights and obligations.
1. Eligibility
To receive Services, you must be at least 16 years old and possess a valid New York State learner permit or driver’s license. By signing or using our Services, you represent and warrant that you meet these requirements and are legally able to enter into this agreement.
2. Safety, Conduct, and Student Responsibilities
- Follow all instructor directions immediately and without argument.
- Remain attentive and refrain from using mobile devices or other distractions.
- Demonstrate respectful, calm, and cooperative behavior.
- Arrive physically and mentally fit to drive (not tired, impaired, medicated, or ill).
- Avoid reckless, aggressive, or unsafe conduct at all times.
Prohibited behavior includes excessive speeding, ignoring instructions, deliberate vehicle misuse, threats, disrespect, aggression, and presence of drugs, alcohol, or weapons.
If any unsafe or inappropriate behavior occurs, Avian may immediately terminate the lesson. No refund, credit, or makeup time will be provided.
3. Student Health & Fitness to Drive
Students must notify Avian of any medical condition, injury, medication, or impairment that may affect the ability to drive safely. Instructors may refuse or end a lesson if the student appears unwell, impaired, fatigued, or unsafe. Lessons ended for safety reasons are forfeited.
4. Payments, Validity, Fees & Refunds
- All lessons, packages, deposits, and Services must be paid in full before scheduling.
- Electronic payments (credit/PayPal) incur a 3.5% processing fee.
- Zelle payments incur no additional fees.
- New York State sales tax applies where required.
Validity Period: All purchases—including lesson packages, deposits, credits, and gift certificates—expire six (6) months from the date of purchase. Expired balances are non-refundable and non-transferable.
Refund Policy: A full refund will be issued if requested within seven (7) days of purchase, provided that no services have been used or scheduled. Refund requests made after seven (7) days but within thirty (30) days of purchase will be subject to an administrative fee equal to ten percent (10%) of the total cost or ten dollars ($10), whichever is greater, and any services already used, scheduled, or reserved (including road test appointments or class registrations) will be deducted at the school’s current single-service rate.
No refunds will be issued after thirty (30) days from the date of purchase under any circumstances. Refunds, when applicable, will be issued to the original form of payment within 7–10 business days after approval. No refunds will be issued for expired services, unused time after expiration, promotional pricing differences, or discounted package adjustments.
By purchasing any service, the student agrees to all refund and expiration terms stated herein.
5. Cancellations, Rescheduling, & Lateness
- Cancel or reschedule lessons at least 24 hours in advance.
- Same-day cancellations, no-shows, or missed lessons are forfeited in full.
- Students arriving 30+ minutes late forfeit the lesson; under 30 minutes lose that time.
Pick-Up Policy: Free pick-up within 5 minutes of the school. Beyond that, book a double lesson (1.5 hours).
Weather Cancellations: Avian may cancel due to unsafe weather. These are rescheduled, not refunded.
Mechanical Delays: Lessons shortened by vehicle issues will be rescheduled. No refunds.
6. Emergencies & Proof Requirements
Same-day cancellations require verifiable documentation submitted within 48 hours. Avian may verify and deny insufficient or fraudulent claims. Decisions are final.
7. Road Test Policies
- A $135 deposit is required to reserve a vehicle for the DMV test.
- Students must bring a valid permit, 5-hour certificate, and corrective lenses if needed.
- Invalid or missing documents result in forfeiture.
- Students must report to Avian’s office before the exam—no direct DMV meetups.
No Guarantee: Avian does not guarantee passing the road test.
8. Lesson & Package Policies
- Standard lessons are 45 minutes.
- Lateness reduces lesson time.
- Instructors or vehicles may change for scheduling or safety reasons.
- Expired balances cannot be reinstated.
9. In-Car Recording Devices & Telematics
Avian vehicles may have audio/video recording and GPS tracking. By participating, students consent to recording and acknowledge data belongs to Avian.
10. Personal Property
Avian is not responsible for lost, damaged, or forgotten personal items in vehicles or offices.
11. Unauthorized Use of Vehicles
Students may operate instructional vehicles only under instructor supervision. Misuse may result in termination of Services.
12. Liability, Insurance Coverage, & Disclaimer
Avian maintains all required insurance. Students are covered during instruction. Avian is not liable for indirect losses or scheduling disruptions.
13. Limitation of Liability
Avian’s total liability shall not exceed the amount paid by the student in the last twelve (12) months. Avian is not liable for incidental or consequential damages.
14. Indemnification
Students agree to indemnify Avian from any claims arising from negligence, misconduct, or breach of these Terms.
15. Choice of Law, Arbitration & Waiver of Lawsuits
All disputes are resolved through binding arbitration in Bronx County, NY. Students waive the right to sue, jury trial, or class actions. Arbitration is final and binding.
16. Service Changes & Termination
Avian may modify or discontinue Services at any time. Avian may refuse service for violations, unsafe conduct, or fraud.
17. Use of Artificial Intelligence (AI) & Digital Systems
Avian may use AI tools to assist with scheduling, operations, and safety. These tools do not replace instructor judgment.
18. Data Privacy & Security
Avian collects necessary data (contact, license, payment, scheduling) shared only with trusted partners for operations. Use of Services means acceptance of our Privacy Policy at aviandrivingschool.com.
19. Behavior Toward Staff & Zero-Tolerance Policy
Harassment, threats, or aggression toward instructors or staff result in immediate termination without refund.
20. Instructor & Vehicle Assignment
Avian may assign any qualified instructor or vehicle based on scheduling needs. These changes are not grounds for refund.
21. Weather, Traffic & Operational Conditions
Lessons may be delayed, shortened, or rescheduled due to weather, traffic, or emergencies. No refunds for uncontrollable conditions.
22. No Guarantee of Performance or Driving Results
Avian provides professional training but does not guarantee passing results. Progress depends on individual performance.
23. Non-Assignability
Credits, deposits, and Services are non-transferable and cannot be sold or gifted.
24. Governing Law
These Terms follow New York State law. Non-arbitration disputes are handled in Bronx County courts.
25. Severability
If any provision is found invalid, the remainder stays in effect.
26. Contact Information
Avian Driving School, Inc.
5 E Gun Hill Road
Bronx, New York 10467
Phone: 718-215-4045
Email: info@aviandrivingschool.com
Website: aviandrivingschool.com