TERMS & CONDITIONS

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 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 if which have been agreed between the parties.

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

Minimum Number of Training Sessions. A minimum number if Training Sessions in which the Client has agreed to book in consideration of a discount price per Training Session as may be inserted into 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 The Driving Test. The price that the school vehicle will be charged at for the duration of the practical driving test.

School. The Driving School identified in 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 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 licenced by the Driver and Vehicle 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.

3. THE CLIENTS 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 20.5m (67feet) (with glasses if normally worn.

3.3 The Client must ensure that they are in a fit state to drive safely, and at no time during Training they are under the influence of alcohol or any substance that may affect their ability to drive.

3.4 If at any time the Instructor, in their absolute discretion, considers that The Client is not in a fit state to drive safely, then the Instructor may stop that Training Session. No refund for that Training Session will be given

4. PROCEDURE AND THE CLIENTS OBLIGATIONS FOR TAKING A TEST

4.1 Unless otherwise agreed in writing between the Client and the Instructor, the Instructor will inform the client when they are ready to take their practical driving test. The Instructor will ask the client to book the test and then 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 Clients test.

4.2 If (in accordance with clause 4.1) the instructor and client have agreed by writing that the client will book their own test, then the Client must give the Instructor notice of practical driving test as soon as reasonably practical so that the School can attempt to arrange for the use of the School Vehicle in accordance to clause 7.1.

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 providing at least 48hours notice. Failure to give such notice will result in the Client being charged the Price. If the School/Instructor cancels a Training Session without giving 48hours notice, and otherwise in accordance with these Terms and Conditions, then the School may be liable to the client for the Price.

6.2 If a Minimum Number of Sessions comprising the Training has been agreed and inserted into this agreement, 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 before the Minimum Number of Training Sessions has been completed, then the Client will be charged the discount as detailed in this agreement which has applied to each Training Session for each Training Session Completed. In addition, the Client will pay £5 administration charge for each of the Training Sessions not completed up to the Minimum Number of Training Sessions agreed. If the School/Instructor cancels the Training before the completion of the Minimum Number of Training Sessions otherwise in accordance to these Terms and Conditions, then the School may be liable to the Client for £5 compensation for each of the Training Sessions not completed up to the Minimum Number of Training Sessions.

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 Schools business hours within one calendar month of the last Training Session or; (c) if the Training involves driving, the Client is in the Instructors opinion unfit to drive safely on more than one occasion.

6.4 The Instructor may postpone the Training Session if they, in their 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 will be suggested, and the School will have no more 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 practical driving test.

The Instructor will endeavour to provide the Client with as much notice as is practicable. An alternative time and date for the training will be suggested, and the School will have no more 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 an Agreed Price for Driving Test. Occasionally the School Vehicle may not be available for a test outside of the control of the School, for which the School has no liability. In such circumstances the School will endeavour, where practicable, to provide the Client with at least three working days of the driving test of the unavailability of the School Vehicle. The School Vehicle will not be supplied for driving test if it is already booked for another driving test at the time the Client notifies the Instructor of the Clients 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 clients driving, in the opinion of the Instructor, is actually or potentially dangerous and is therefore not at 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 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 as a result of negligence on the part of the School or the Instructor. The Client and the Instructor will check the Vehicle prior to the practical test.

9. THE CLIENTS OWN VEHICLE

9.1 If the Client wishes to have Training in their own vehicle or a vehicle supplied by them (Client’s Vehicle), then the Client must bring this to the attention of the Instructor at least 48hours prior to the commencement of the applicable Session. It is within the Instructor’s sole discretion as to whether they agree to Training taking place in the Clients 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 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 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 Vehicle or any other vehicle supplied by the Client, then the Client warrants that 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 the Instructor the MOT certificate or if in the Instructors reasonable opinion that 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 Session will be that set out in these Terms and Conditions or such other amount as is expressly agreed between the School and the Client.

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 48 hours’ 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 has been completed. The exception to this where matters outside the Schools control (For example Fuel costs) have resulted in more than 5% in the cost of 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 without penalty.

11. LIMITATION OF LIABILITY

11.1 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.

11.2 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 Clients failure to comply with their obligations under these Terms and Conditions, or with the Instructor’s reasonable instructions.

11.3 The aggregate liability of the School for direct loss resulting from the School’s reasonable control or expectation.

11.5 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 how caused.

12. GENERAL

12.1 The School will comply with the Data Protection Act 1998 at all times and will not pass the Clients details to a 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 Schools Insurers in the event of a claim and to allow the School/Instructor to arrange motor vehicle insurance cover.

12.2 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 or not.

12.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in the whole or part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question wi8ll not be affected .Every provision is agreed to be severable from every other.

12.4 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.

12.5 A person who is not party to these Terms and Conditions will have no right under the Contract (right of third party) Act 1999 to enforce any term of these Terms and Conditions. This clause does not affect any right or remedy of any person which exist or available otherwise than pursuant to that act.

12.6 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.

13. COMPLAINTS PROCEDURE

13.1 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 given on this agreement. The client’s initial letter of complaint will be acknowledged within 14 days. The Client will then be asked to supply further information about the complaint. The Client will endeavour to supply 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.

13.2 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 Driver and Vehicle Standards Agency, The Axis Building, 112 Upper Parliament Street, Nottingham, NG1 6LP.