Introduction
The following terms and conditions represent the basis upon which I (the owner of the local Intensive Driving School franchise) offer driving lessons and courses to you (the student). Please note each Intensive Driving School is independently owned and operated thus the contract for service is between you and me. However, my continued ownership and membership of the Intensive Driving School franchise in this area is dependent upon me maintaining the highest standards of service and behaviour.
General Conduct
I will be courteous, polite, tidy and punctual. I will behave in a professional and ethical manner at all times. My training car will be well maintained, clean and tidy (weather permitting). My car is fitted with dual-controls and is fully insured for driving tuition purposes. I will not smoke in the training car at anytime, nor will I use your lesson time for any other form of business, personal or otherwise without your expressed permission.
Qualifications
I am legally authorised to give driving tuition in the UK by the Driver and Vehicle Standards Agency (DVSA).
Driving Licence
a) Clients MUST personally ensure that they are the holders of a valid, current driving licence - which must be produced at the first lesson, and will be regularly checked by their driving instructor. The picture on photo card licences expire after ten years, your photo card licence must be up to date.
b) Clients MUST inform their driving instructor if they receive any endorsements on their licence during the time they are receiving tuition. Including any short period disqualifications (SPD).
c) Clients MUST inform their driving instructor of any special needs or medical conditions they have that might affect their ability to drive.
Safety, Comfort & Well Being
Safety is a shared responsibility as identified below:
- In the interest of comfort and safety, clients are advised to wear suitable footwear and comfortable clothing which does not restrict movement, please ask your instructor for any advice you may require.
- It is important you act responsibly at all times and give your undivided attention to the driving task at hand. Should anything be distracting you during your lesson it is important that you make me aware of this fact even if it is something I am doing. Similarly if you are feeling uncomfortable or uneasy about any driving task please let me know. I will be grateful for your feedback and I will think no less of you for doing this.
- In an emergency situation it is important you follow my instructions and allow me to take control of the steering wheel if necessary to avoid an incident. I may also need to make use of the dual controls (i.e. brake and or clutch pedals) and thus override your use of them. As soon as it is safe to do so I will advise you of why my actions were necessary and help you to calm down if required. Any subsequent discussion will focus on what can be learnt rather than who was to blame.
- I will do my best to deliver any instructions or take any actions (even in an emergency) in a calm and measured manner so as not to alarm you or make you feel uncomfortable or disheartened in any way. I will definitely not shout at you or make any sarcastic or derogatory remarks.
- You can be assured I will not use improper language or suggestive behaviour and/or physical contact.
- You must take note of any medication you are taking which may affect your ability to drive safely and advise me accordingly before taking any lesson booked. Similarly, you should inform me of anything you feel might impact on your ability to undertake the proposed lesson safely.
- In the event it becomes apparent you are unable to concentrate due to illness, tiredness, or your emotional state of mind I reserve the right to terminate the lesson early or require your agreement to choose an alternative learning activity which can still be undertaken safely.
Driving Under The Influence
To ensure the safety of you and other road users I reserve the right to cancel any lesson if you are or if I suspect you are under the influence of drugs, legal highs and/or alcohol (prescribed or otherwise). If this occurs the full training fee for the period in question will be lost or charged. There is a NO TOLERANCE policy here at Intensive Driving School. If you come to the training vehicle once whilst under the influence of alcohol or drugs, all training will be stopped immediately, no refunds will be issued and the police may be contacted.
Postponement of a Lesson by the Driving School/Driving Instructor
a) If by reason of a vehicle failure or other emergency a lesson has to be postponed at short notice, an alternative appointment will be made with mutual consent. If the postponement is a driving test, the school/instructor will be responsible for the test fee if it cannot be cancelled within the required time (see paragraph 6), regardless of the client’s continuation of lessons with the school/instructor. Clients will appreciate that it may not always be possible to notify cancellation if a breakdown occurs on the way to a lesson.
b) Driving tests take priority over lessons, therefore, pre-booked lessons may have to be cancelled or postponed if the school/instructor receives short notice of a driving test appointment for another client.
c) Except as provided for in a) above, the school will give notice of rearrangement or postponement of a lesson within the same time limit as the school/instructor imposes upon a client postponing or cancelling a lesson.
d) If circumstances arise that a change of instructor becomes necessary, the client shall have the right to decline and discontinue lessons with the school/instructor.
Postponement or Cancellation of Lessons by Clients
a) At least three clear working days’ notice of postponement or cancellation of a lesson is required. Please note that Sundays and public holidays are not counted as working days. Late cancellations will be charged for as specified in the fees section.
b) Notice to the school/instructor (in writing, by telephone, e-mail or by text) shall be deemed to have been served on the day that the communication is received at the school/instructor’s premises, where it will be timed and recorded.
Postponement or Cancellation of a Test (Theory or Practical)
a) The attention of clients is drawn to the fact that a statutory period of notice is required under government regulations for the cancellation or postponement of a test.
b) If possible, the client will be advised in good time of the advisability of cancelling their test. The school/instructor cannot be responsible for the loss of the test fee if the client fails to immediately notify the test booking office. The address and telephone number is given on the test appointment document.
c) THE SCHOOL/INSTRUCTOR CANNOT BE HELD RESPONSIBLE FOR ANY POSTPONEMENT OR CANCELLATION OF A TEST BY THE TESTING AUTHORITY - AT WHATEVER NOTICE.
Clients should note that where lessons or tuition vehicle hire are cancelled at short notice, because of a cancellation by the testing authority, fees are still payable. It may be possible for clients to claim lost fees from the testing authority and your instructor will be able to advise you how to do this.
School/Instructor Guarantee
a) The school/instructor guarantees that only legally authorised instructors will give tuition.
b) Instructors’ official authorising documents will be displayed on the windscreen of the car, and may be inspected freely at any time.
c) Clients may be accompanied on their lesson by a senior examiner, whose job is to ensure that the tuition given meets the required standard. This is a legal requirement and is in the public interest.
d) If an authorised trainee instructor is used, a client may expect a senior instructor present during some of the lessons.
Punctuality
In your own interests you are advised to be punctual for your lesson appointments. All such appointments should be recorded (and checked where possible with me) in your Invoice which you will receive prior to your training.
I would normally wait for you for a maximum of 15 minutes before the lesson would be abandoned and the lesson fee forfeited or become due for payment. A reciprocal waiting time may become necessary if I am delayed due to unforeseen circumstances. I will make up any lesson time lost as a result of this at the end of the normal lesson time or as soon as possible.
Payments
- Tuition fees are as stated in the fees section of these terms of business and may be payable in advance. All accounts must be cleared before taking the official practical driving test.
- You are required to make payment for the course or the driving lessons in advance of the training. To book a course, a £250.00 deposit or the full course fee (if the course start date is within 4 weeks of the booking date) is required. The balance of the course is payable 2 weeks in advance of the course.
- The deposit or any subsequent training fees paid are not refundable in the event you decide to cancel the training once the booking has been accepted by me and placed in my diary. At this point a binding agreement is made between yourself and me. This does not in any way affect your statutory rights to be provided with the goods and services you have bought.
The Driving Test
a) Your instructor will advise the appropriate time to make an application for both the theory and practical driving tests. The advice will be based on the client’s progress to date. It does NOT imply that the necessary standard has been reached, or that it will for certain be reached by the appointed test date, the school/instructor will not hesitate to advise, where necessary, the postponement of the test. This condition is intended to save the client expense, unnecessary failure, and the consequent delay in waiting for another test and obtaining a full licence.
b) The school/instructor reserves the right to withhold the use of the training vehicle for the test or a lesson, if in the opinion of the instructor the client is:i) Not at driving test pass standard.ii) Medically unfit (including eyesight).iii) Under the influence of drugs or alcohol.iv) Is not properly licensed to drive.v) Consistently fails to keep, or is late for appointments.vi) Falls into arrears over payment.vii) If, for any other reason, the instructor considers the client will be unsafe to handle a motor vehicle.
c) Clients may be accompanied on their test by any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise.
d) You are reminded that when you attend for your theory or practical test, you MUST take the required documents with you; your instructor will advise you. Failure to comply with this regulation may result in your test being cancelled; you will forfeit your test fee and have to apply for a new test date and pay the fee again.
e) Any damage to wheels,tyres or car during test or driving lessons. The client maybe be responsible for repairs or excess insurance payment.
f)In the event of the test appointment being sent to the client, they are required to notify the school/instructor as soon as possible, of the date and time of the test and show the confirmation to their instructor on their next lesson. The school/instructor cannot accept any responsibility for booking an incorrect time or date for a test unless the appointment confirmation is produced. If the appointment is sent to the school/instructor, then an undertaking is given, to show the client the confirmation on their next lesson or notify them as soon as possible.
g) Clients should notify the instructor/school immediately if the testing authority contact them to alter the date or time of a practical test, if the client fails to do this, the instructor/school shall have no liability for any fees lost.
Lessons in Own Car
a) Lessons may be given in a client’s own car if the instructor is willing to do so, on condition that it is clearly understood:
i) The car is fully insured for teaching for reward - and this must be confirmed, in writing, by the vehicle underwriters.
ii) The instructor is covered by such insurance to drive the car - to be confirmed as above.
iii) The instructor can in no way be held liable for any damage or accident. While the instructor will make every effort to prevent the client having an accident, or damaging the car, it will be realised that their control is very limited. If clients wish to have lessons in their own car then a second rear view mirror must be provided for the instructor. In view of the extra responsibility entailed, there will normally be no reduction in lesson charges.
Insurance
a) School cars are fully insured for tuition and driving tests, (The certificate of insurance is available for inspection)
b) No liability of any kind can be accepted by the school/instructor for the loss of, or damage to any property belonging to, or in the possession of the client.
Legal Liability
Clients should be aware that their instructors primary objective is to promote road safety, and in doing so, he/she will have to issue instructions which clients must be prepared to carry out without undue argument.The instructor will make every effort to train you to the highest standard, but can in no way be held liable for any errors you commit whilst driving and not accompanied by your instructor either before or after a test pass.At all times the client is legally in charge of the vehicle and is liable for any fines or charges levied as a result of any motoring offence committed.
Damage to Wheels and Tyres on your Driving Test
If you cause damage to wheels and tyres on your driving test. Pupils may be charged for damage wheels or a percentage of cost of a tyre if damage this will be at the instructors decision.
Complaints
If you are unhappy with any aspect of your tuition you should notify the school/instructor without delay, and not later than seven days from the date on which the cause of the complaint arose. Every effort will be made by the school/instructor to satisfactorily deal with the complaint, these “Terms of Business” and the “Code of Practice for Approved Driving Instructors” forming the basis for negotiations.
Should any dispute be unresolved mutually, then the client has the right to refer the matter to
intensivedrivingschool@hotmail.com. In their own interests clients are advised to be punctual for appointments. The instructor will wait 15 minutes. A reciprocal waiting time may become necessary for the arrival of the instructor who may be delayed due to some unforeseen circumstance. The lesson will commence from the appointed time or the time of the instructor’s arrival if that should be later.
Your Statutory Rights
Nothing in these terms and conditions will reduce your statutory rights relating to faulty goods or services provided. I have a statutory obligation to provide you with goods and services fit for the purpose for which they were bought and as described. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizen's Advice Bureau.
