Terms and conditions

TERMS AND CONDITIONS
Revised July 2020

1          INTERPRETATION
1.1        In these Terms and Conditions the following words have the following meaning

Instructor

The instructor named within this agreement, or such other properly qualified instructor as the School may provide;

Client

The person identified within this agreement;

Training

Such driving lessons or any other-driver related training agreed by the parties and identified herein to be provided by the School to the Client, the frequency and duration of which have been agreed between the parties;

Training Session

A singular unit of Training, the duration of which has been agreed between the parties, one or more of which is a constituent of the Training;

Minimum Number of Training Session

A minimum number of Training Sessions which the Client has agreed to book in consideration for a discounted price per Training Session as may be inserted in this agreement

Price

The price per Training Session as stated within this agreement, or as may be notified to the Client by the School from time to time;

Agreed Price For Driving Test

The price that the school vehicle will be charged to the client for the duration of the practical driving test:

School

The driving school identified within this agreement; and

School Vehicle

The vehicle provided by the School in which the Client will take the Training Session (if a vehicle is required for the purpose of the Training Session).

1 .2       The headings in these Terms and Conditions are inserted for convenience only and will not affect its construction or interpretation.
1 .3       Words imparting the singular include the plural (and vice versa) and words imparting a gender will include all genders.

2          PROVISION OF THE TRAINING
2.1        The School will provide the Client with the Training, in consideration for the Price.
2.2        The time, date and pick-up point (if applicable) for each Training Session will be agreed in advance by the Client and the School.
2.3        Unless otherwise agreed in accordance with clause 9, if the Training requires the use of a
vehicle, then it will be in the School Vehicle.
2.4        If the Training involves driving tuition, the School will only provide Instructors who are approved and licensed by the Driving Standards Agency and who are fully qualified and
have been specially trained for teaching people to drive.
2.5        The Instructor is bound by a professional code of conduct and will be courteous, polite,
tidy and punctual at all times. If the Instructor is delayed by more than five minutes of the scheduled start time of the Training Session they will contact the Client with an estimated arrival time.

3          THE CLIENT’S OBLIGATIONS IF THE TRAINING INVOLVES THE CLIENT DRIVING A
            MOTOR VEHICLE
3.1        The Client must hold a current, valid driving licence (provisional or full), which must be produced to the Instructor on or in advance of the first Training Session.
3.2        The Client must be able to read a number plate at a distance of 20.5 metres (67 feet) (with glasses if normally worn).
3.3        The Client must ensure that he is in a fit state to drive safely, and at no time during Training is he under the influence of alcohol or any substance that may affect his ability to  drive.
3.4        If at any time the Instructor, in his absolute discretion, considers that the Client is not in a fit state to drive safely, then the Instructor may stop the Training Session. No refund for that Training Session will be payable.

4          PROCEDURE AND THE CLIENT’S OBLIGATIONS FOR TAKING A DRIVING TEST
4.1        Unless otherwise agreed in writing between the Client and the Instructor, the Instructor
will inform the Client when, in the instructor’s opinion, the Client is ready to take his driving test. The Instructor will then advise the Client of suitable dates of when to book the practical driving test and the School will arrange for the School Vehicle to be available for the driving test in accordance with clause 7.1. If the driving test is not booked in accordance with this clause then the School Vehicle will not be provided for the Client’s driving test.

5          GUARANTOR
5.1        In consideration for the School providing the Training to the Client, the Guarantor agrees to guarantee all obligations of the Client under these Terms and Conditions and to
indemnify and keep the School indemnified against any default by the Client under these
Terms and Conditions.

6          TRAINING CANCELLATION OR POSTPONEMENT
6.1        Subject to clause 6.2, either party may cancel or postpone a Training Session upon providing at least a 48 hours’ notice. Failure to give such notice may result in the Client
being charged the Price..
6.2        If a Minimum Number Of Training Sessions comprising the Training has been agreed, then the Client has been given a discounted rate for each Training Session in consideration for agreeing to pay for a Minimum Number Of Training Sessions. If the Client cancels the Training before the Minimum Number Of Training Sessions have been completed, then the discounted rate will be void. Any Training Sessions completed will be recalculated at the Price and an £20 administration charge will be payable. The remaining balance will be refunded to the Client by the Driving School within 14 days of the request. If the School/lnstructor cancels the Training before the completion of the Minimum Number Of Training Sessions otherwise than in accordance with these Terms and Conditions, then the School will refund each of the Training sessions not completed up to the Minimum Number Of Training Sessions agreed on a pro-rata basis.
6.3        For the purpose of Clause 6.2, the School shall be entitled to treat the Client as cancelling Training Sessions if the Client: (a) postpones more than two Training Sessions
sequentially; (b) fails to agree to take a further Training Session at a time within the
School’s usual hours of business within one calendar month of the last Training Session,
or; (c) if the Training involves driving, the Client is in the Instructor’s opinion unfit to drive
safely on more than one occasion.        
6.4        The Instructor may postpone the Training Session if he, in his absolute discretion, considers the weather or road conditions to be unsuitable or dangerous. The Instructor will endeavour to provide the Client with as much notice as practicable. An alternative time and date for the Training will be suggested, and the School will have no further liability.
6.5        The Client accepts that Training and Training Sessions may occasionally need to be
postponed to allow another Client to use the School Vehicle for their driving test.
The Instructor will endeavour to provide the Client with as much notice as practicable. An
alternative time and date for the Training will be suggested, and the School will have no further liability.
6.6        The Client accepts that Training and Training Sessions may occasionally be postponed at short notice should there be an issue with the School Vehicle. The Instructor will endeavour to provide the Client with as much notice as practicable. An alternative time and date for the Training will be suggested, and the School will have no further liability.

7          THE DRIVING TEST
7.1        The School will endeavour to provide the Client with the use of the School Vehicle for the
driving test. Use of the School Vehicle for the driving test will be charged at the Agreed Price For Driving Test. Occasionally the School Vehicle will not be available for a driving test for reasons outside the control of the School, for which the School will have no liability. In such circumstances the School will endeavour, where practicable, to provide the Client with at least three working days notice of the unavailability of the School Vehicle. The School Vehicle will not be supplied for a driving test if it is already booked for another driving test at the time that the Client notifies the Instructor of the Client’s driving test.
7.2        Without prejudice to clause 7.1, the School will in any event have no liability for failing to provide the Client with the School Vehicle for the driving test if the Client has not complied with clause 4.1 of these terms and conditions.
7.3        The School may withhold the School Vehicle if the Client’s driving, in the opinion of the Instructor, is actually or potentially dangerous and is therefore not to test standard.

8          THE SCHOOL VEHICLE
8.1        The School Vehicle will be fitted with dual controls and will be well maintained, clean and tidy at all times (subject to reasonable wear and tear).
8.2        The School will not be liable for any failure of the School Vehicle during a Training
Session or the practical driving test unless it is a direct result of negligence on the part of the School or the Instructor. The Client and the Instructor will check the School Vehicle prior to the practical driving test.

9          THE CLIENT’S OWN VEHICLE
9.1        If the Client wishes to have Training in his own vehicle or a vehicle supplied by him (‘Client’s Vehicle’), then the Client must bring this to the Instructor’s attention at least 48 hours prior to commencement of the applicable Training Session. It is within the Instructor’s sole discretion as to whether he agrees to Training taking place in the Client’s Vehicle. If the Instructor does agree to Training taking place in the Client’s Vehicle, then unless otherwise agreed in writing, the Instructor will endeavour to arrange insurance cover on the Client’s Vehicle for the duration of the Training Session. Only if such satisfactory Insurance cover can be arranged will Training take place in the Client’s Vehicle. The Client will be responsible (in advance of payment by the Instructor) for any insurance premiums or insurance company/broker administration charges.
9.2        If the Instructor agrees to the Training being conducted in the Client’s own vehicle or any
vehicle supplied by the Client, then the Client warrants that the vehicle is roadworthy
and has a valid MOT certificate (if applicable) and is in good condition generally. The
Client will supply the Instructor with a valid MOT certificate (if applicable) upon request.
If the Client fails to supply to the Instructor the MOT certificate(s) or if in the Instructor’s
reasonable opinion the vehicle is not roadworthy, then the Instructor may cancel the
Training Session and no refund of the Price will be made to the Client.

10         PRICE AND PAYMENT
10.1      The Price payable for the Training will be that set out in these Terms and Conditions or such other amount as is expressly agreed between the School and the Client from time to
time.
10.2      Payment must be made prior to each Training Session to the Instructor, whose receipt will be a good discharge to the Client. The time for payment will be of the essence.
10.3      Subject to clause 10.4, the School may alter the Price upon giving the Client at least 30 days notice.
10.4      Where a discounted Price has been agreed in consideration of the Client agreeing to
book a Minimum Number of Training Sessions, the School agrees not to alter the Price
of the Training Sessions until the Minimum Number of Training Sessions have
been completed. The exception to this is where matters outside the School’s
control (for example, fuel costs) have resulted in an increase of more than 5% in the cost of the School providing the Training Sessions. Should the School increase the Price of the
Training Sessions in accordance with this clause, then the Client may cancel any
outstanding Training Sessions at the increased Price without penalty.
10.5      Where an intensive course of Training Sessions has been booked a non-refundable deposit of 20% of the course fee is due upon booking. The balance of the course fee is due 14 days before the intensive course of Training Sessions commence.

11         SOCIAL MEDIA
11.1      The Driving School uses various social media platforms for marketing purposes, including Facebook, Twitter and Instagram amongst others. The Client agrees that their photograph can be published on social media along with their name and general location once they have passed their driving test.

12         LIMITATION OF LIABILITY
12 . 1    Nothing in these Terms and Conditions will limit the School’s liability in any claim for death
or personal injury caused by the School’s negligence.
12 .2     In no circumstances will the School be liable for any loss or damage if, and to the extent
that, such loss or damage is caused by the Client’s failure to comply with his obligations
under these Terms and Conditions, or with the Instructor’s reasonable instructions.
12 .3     The aggregate liability of the School for direct loss resulting from the School’s default will
be limited to £50.00.
12 .4     The School will not be liable for the consequences of any event which is outside of the
School’s reasonable control or expectation.
12 .5     The School will not be liable, whether based on contract or tort, or any other legal or equitable ground for any consequential, indirect or incidental loss of whatever kind and however caused.

13         GENERAL
13.1      The School will comply with the Data Protection Act 2018 at all times. The School uses Driving Instructor Services to assist with the facilitation of the School and the Client’s details will be shared with them to aid this. The Client’s details will not be passed on to any other third party without the Client’s consent (unless required to do so by law). The Client consents for their details to be passed to the School’s insurers in the event of an actual or potential claim and to allow the School/lnstructor to arrange motor vehicle insurance cover.
13.2      Each right or remedy of the School under these Terms and Conditions is without prejudice
to any other right or remedy of the School, whether under these Terms and Conditions or
not.
13.3      If any provision of the these Terms and Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of the other provisions of
these Terms and Conditions and the remainder of the provision in question will not be
affected. Every provision is agreed to be severable from every other.
13.4      No waiver by the School of any breach of those Terms and Conditions by the Client will be
deemed as a waiver of any subsequent breach of the same or any other provision, nor of
the provision itself.
13.5      A person who is not party to these Terms and Conditions will have no right under the
Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and
Conditions. This clause does not affect any right or remedy of any person which exists or
is available otherwise than pursuant to that Act.
13.6      These Terms and Conditions will be governed and construed in accordance with the laws
of England and Wales, and the parties submit to the exclusive jurisdiction of the English
and Welsh courts.

14         COMPLAINTS PROCEDURE
14.1      Any Client complaints should initially be directed in writing by registered post and marked for the attention of the ‘Managing Director/Proprietor’ of the Driving School at the address written on the front of this agreement. The Client’s initial letter of complaint will be acknowledged within 14 days. The Client will thereafter be asked to supply further information about the complaint. The Client will endeavour to supply to the managing director/proprietor as much information about the complaint as possible as may reasonably be requested. Matters will then be fully investigated and, where practicable, the results of the investigation and resolution proposals will be given to the Client in writing within 28 days of the Client supplying the requested information.
14.2      Should the Client be unhappy with the outcome of the investigation and the handling of the complaint, then the client may complain to the ADI Registrar by writing to the Registrar at
The Driving Standards Agency, The Axis Building, 112 Upper Parliament Street,
Nottingham NGI 6LP.

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