T’s & C’s (all the boring stuff!)

Three Shires Driving Centre Limited –

Terms & Conditions T’s & C’s September 2019

These Terms and Conditions T’s & C’s shall apply to the provision of driving tuition to Pupils and Clients by Driving Instructors working with Three Shires Driving Centre® Limited a company registered in England & Wales under number 08857576 whose registered office is at 2 Debdale Road, Wellingborough, Northamptonshire NN8 5AA.

 

1.                Definitions and Interpretation
(a)              In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
 
Client means any organisation which enters into an agreement with the School for the provision of driving tuition to employee(s) or volunteer(s) of the organisation.
DVSA means the Driver and Vehicle Standards Agency
Instructor means the driving instructor(s) assigned to the Pupil
Pupil means the recipient of driving instruction, qualified driver training or train the trainer training, DAT or PA training.
Qualified Driver Training/Train the Trainer Courses means any form of driver training provided for drivers who already hold a full driving licence or partaking in any train the trainer courses or driver/passenger assistant courses such as MiDAS DATs or PA courses
School means  Three Shires Driving Centre Limited
(b)              Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.b.1        “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.b.2        a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and
(c)              The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
(d)              Words imparting the singular shall include the plural and vice versa.
(e)              References to any gender shall include the other gender.
2.                Driving Instructors
(a)              The Instructor is a self-employed contractor and is not employed by the School.  As such, the School is not a party to any contract that exists between the Instructor and the Pupil.
(b)              The Instructor is registered with the DVSA and is licenced to provide driving instruction.
 
3.                Driving Lessons
(a)              Driving lessons should be booked between the Pupil and the Instructor following initial contact with the School if relevant.  It shall be the responsibility of the Pupil and the Instructor to agree upon all matters relating to the lesson including, but not limited to, date, time, location and duration.
(b)              If the Pupil wishes to cancel a lesson, they must provide at least 48 hours’ notice to the Instructor or 5 working days’ notice in respect of  B+E courses. Qualified Driver Training/Train the Trainer Courses, DAT and PAT courses require 12 working days notice. Failure to provide at least the minimum notice will result in the Pupil being charged for the lesson/course. Train the Trainer courses will be charged the cost of the course minus materials.
(c)              If the Instructor wishes to cancel a lesson, they must provide at least 48 hours’ notice to the Pupil or 5 working days’ notice in the case of Qualified Driver Training/Train the Trainer Courses DAT or PA courses. Failure to provide at least the minimum notice will normally result in the Pupil being credited with an additional lesson at no charge unless the cancellation is due to circumstances beyond the Instructor’s control e.g. mechanical failure.
(d)              Notwithstanding the provisions of sub-Clause 3(c), the Instructor may cancel a lesson at short notice without penalty if they have reason to believe that the Pupil is not fit to drive at the time of the lesson due to factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical condition.  In the event of such cancellation, the lesson may or may not be charged for at the Instructor’s discretion; however no charge shall be made unreasonably.
(e)              In the event that the Instructor cancels a lesson at short notice due to illness on their part, the lesson will not be charged for.
(f)               If the Instructor is late for a lesson by more than 15 minutes, such time shall be added on to the lesson at no charge to the Pupil or, if such extension is not suitable for the Pupil, it shall be added on to a subsequent lesson.
(g)              The Instructor shall use reasonable endeavours to provide regular lesson slots for the Pupil, however no guarantee is provided of the same.
(h)              Lessons shall be of a minimum length of 1 hour and may be increased in increments of 30 minutes up to a maximum length of 3 hours.
(i)                The location for lessons shall be agreed at the time of booking.  The Instructor may choose a location which requires additional travel in the interests of road safety.  In such cases, if the Pupil wishes to be picked up and taken to such location by the Instructor, travel time shall form part of the lesson time.
 
4.                Fees and Payment
(a)              Lessons shall be charged for on an hourly basis.  Information on current lesson fees is available from the School and the Instructor.
(b)              The School reserves the right to change fees at any time, however where lessons have been booked and paid for in advance, no additional sums shall be charged (nor, where fees are reduced, shall any refunds be given).  Revised fees shall apply to future bookings only.
(c)              Advance payments shall be made to the School or Instructor by debit card, credit card, cash or cheque subject to sub-Clause 4(d).  Any sums received by the School shall be handled on the Instructor’s behalf and shall be paid to the Instructor by the School. Where payment is made directly to the Instructor the School shall have no responsibility of any kind.  It is the Pupil’s responsibility to obtain a receipt from the Instructor and the Instructor’s responsibility to handle the money appropriately following receipt.
(d)              Credit card payments are accepted via the School office and training can only commence once the funds have cleared.
(e)              All pre-paid lessons must be taken within six months of the date of purchase unless clause (f) below applies.
(f)               Any pre-paid fees in respect of Minibus, Instructor, Train the Trainer, Trailer and Fleet Driver training which has not been taken will be refunded by the School to the Pupil/Client provided that a request for repayment is made in writing within one year of the original payment date. Any request to resume training or for a refund which is made after this time will be rejected unless a prior arrangement to extend this period has been made between the School and the Pupil/Client.
(g)              Invoices issued by the School to Pupils or Clients are payable on or before the date stated on the invoice unless otherwise agreed with the School.
(h)              Where a certificate is issued to a Pupil by the School on successful completion of training, this certificate will not be valid unless and until payment in full of all fees has been received. Should payment in full of all fees not be received the School reserves the right to cancel the relevant certificate until such time as full payment of fees is received.
(i)                Should payment of any invoice not be received by the due date the Pupil or Client shall pay interest on the overdue amount at the rate of 8% per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. There will be recovery charges for commercial clients in line with the Government guidelines. The Pupil or Client shall pay the interest together with the overdue amount.
(j)                In relation to payments disputed in good faith, interest under clause 4(i) is payable only after the dispute is resolved, on sums found or agreed to be due, from the due date until payment.
 
5.                Instructor’s Obligations
The Instructor shall, at all times:
(a)              use their reasonable endeavours to provide driving instruction at the agreed lesson times;
(b)              use their reasonable endeavours to train the Pupil to a high standard, but shall not be responsible for any errors made by the Pupil;
(c)              be professional and courteous towards the Pupil and other road users;
(d)              act in accordance with the DVSA Code of Practice for Approved Driving Instructors (a copy of which may be obtained on request from the School);
(e)              keep proper records of all transactions;
(f)               keep proper records of Pupil progress; and
(g)              act in accordance with the law.
 
6.                Pupil’s Obligations
(a)              The Pupil must hold a valid UK driving licence (either provisional or full) or a full foreign licence applicable to the class of vehicle to be driven by the Pupil.
(b)              The Pupil must always produce their driving licence (photo card or paper licence) at their first driving lesson. Thereafter it is the Pupil’s responsibility to inform their Instructor if any penalty points are subsequently added to their licence, either at the time the points are added or before taking their driving test.
(c)              If the Pupil has been banned from driving and is training for a retest, the Pupil must be legally entitled to take tuition and must present proof of such entitlement to the Instructor. Adequate proof will be production of their driving licence. The Instructor shall also cross-check the Pupil’s driving licence on-line via the DVLA sharing service. The Instructor will provide guidance to the Pupil regarding obtaining this on-line check.
(d)              The Pupil must demonstrate their ability to read a number plate from the distance specified in the Highway Code at the date of these Terms and Conditions.
(e)              The Pupil must always wear any relevant prescribed glasses or contact lenses.
(f)               The Pupil must inform the Instructor of any medical conditions or prescribed medication which may affect their driving abilities.
(g)              Failure by the Pupil to comply with one or more of sub-Clauses 6(a) to 6(f) above may result in the immediate cancellation of one or more lessons.  In the event of such cancellation, the cancelled lessons may still be charged for at the discretion of the Instructor.
 
7.                Vehicles and Insurance
(a)              All vehicles provided by the Instructor for learner tuition are fitted with dual controls, fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes of driving instruction.
(b)              All vehicles provided by the School for Qualified Driver, minibus and towing training are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes of driving instruction.
(c)              Pupils may request to use their own vehicle for driving lessons.  The use of a Pupil’s own vehicle is at the Instructor’s sole discretion and the Pupil must provide proof of the vehicle’s roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of driving instruction.
 
8.                Driving Tests
(a)              The Instructor shall discuss driving tests with the Pupil and shall inform the Pupil when they consider that the Pupil is ready to take a test.
(b)              Either the Pupil or the Instructor shall be responsible for booking theory and practical tests.  It is the Pupil’s responsibility to check the details of the test on their DVSA confirmation which will be provided by email or letter, depending upon the method of booking used.
(c)              If the Pupil books a test, they must check with the Instructor prior to booking to ensure that the Instructor considers them ready to take a test and that the Instructor will be available on the proposed test date.
(d)              The Pupil must ensure that the Instructor is aware of all details of their test including, but not limited to, the date and location at least 10 working days prior to the test date.
(e)              When attending a test, the Pupil must ensure that they take all required documentation with them i.e. driving licence.  Failure to do this may result in the test being cancelled and the test fees being lost. In such circumstances neither the School nor the Instructor shall have any liability for any losses suffered by the Pupil as a result of their inability to take the test.
(f)               Subject to the Instructor’s discretion, the Pupil may generally use the Instructor’s vehicle for their practical test.  If, for any reason, the Instructor feels that their vehicle is unsuitable for the test, they may withdraw such permission.
(g)              If the Instructor’s vehicle breaks down or is otherwise rendered unavailable or unusable on the date of the test, the Instructor shall use their reasonable endeavours to arrange an alternative vehicle.  If this is not possible, the Instructor shall pay for the replacement test.
(h)              If a test is cancelled by the DVSA giving the Pupil insufficient time to provide the required cancellation notice of a booking to the Instructor, the Pupil will still be charged for the Instructor’s time and/or the use of their vehicle.  In such cases, the Instructor will advise the Pupil on claiming compensation for the same from the DVSA.
(i)                If a test is booked and the Pupil, in the Instructor’s opinion, does not make the expected progress in their lessons between the date of booking and the test date, the Instructor may refuse the use of their vehicle for the test and will not be responsible for any fees paid by the Pupil for the test which may be lost.
(j)                If the Pupil wishes to cancel their driving test they must contact their Instructor as soon as possible so that the Instructor can contact the DVSA to inform them of the cancellation. The fee for the driving lesson may be refunded to the Pupil at the discretion of the Instructor. The Pupil may also reclaim the test fee from DVSA provided that the cancellation is made with three clear working days’ notice (not including Sundays and Public Holidays) or apply for a new test date should they cancel within three working days if the reason for their cancellation is:
(a)              a medically certified illness;
(b)              bereavement;
(c)              school exams; or
(d)              they are a member of the armed forces who has been called for duty.
Guidance regarding the refund process will be provided by the Instructor to the Pupil.
 
9.                Cancellation and Termination
(a)              The Instructor may, at their sole discretion, terminate the Pupil’s tuition if the Pupil’s conduct, progress or commitment consistently falls below the standards reasonably expected by the Instructor.
(b)              The Pupil may, at any time, subject to the cancellation notice requirements of Clause 3(b), terminate their tuition with the School.
(c)              In the case of cancellation or termination under sub-clauses 9(a) or 9(b), fees paid in advance for lessons shall be refunded to the Pupil.
 
10.             Liability
(a)
Neither the School nor the Instructor shall be liable to the Pupil for any loss or damage caused, howsoever occasioned, to the extent that:
10.a.1    there has been no breach of a legal duty owed to the Pupil;
10.a.2    the loss or damage was not reasonably foreseeable;
10.a.3    the loss or damage (or increase in the same) was the fault of the Pupil;
10.a.4    the loss or damage results from circumstances beyond the reasonable control of the Instructor or the School; or
10.a.5    any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
(b) Nothing in these terms and conditions shall limit or exclude the School’s liability for:
10.b.1   death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
10.b.2    fraud or fraudulent misrepresentation; or
10.b.3    breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
 
11.             General
(a)              The Pupil’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.
(b)              The School may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform the Pupil as soon as is reasonably possible of any such changes.
 
12.             Complaints
In the unlikely event that you have a complaint you should speak to your Instructor about this in the first instance. Should your complaint not be dealt with to your satisfaction please address your complaint in writing to the School at 14 Welland Close, Raunds, Northamptonshire NN9 6SQ. We will endeavour to respond to your complaint within 14 days. Should you be dissatisfied with our response then please contact DVSA via their website https://www.gov.uk/government/organisations/driving-standards-agency quoting your Instructor’s name and their DVSA reference number which they should provide to you upon request.
 
13.             Data Protection
Neither the School nor the Instructor will share the Pupil’s personal data with any third parties for any reason without the prior consent of the Pupil.  Such data will only be collected, processed and held in accordance with the School’s or Instructor’s rights and obligations (as applicable) arising under the provisions and principles of the Data Protection Act 1998.
 
14.             No Waiver
No failure by either the School or the Instructor to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
 
15.             Severance
If any provision of 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 shall not be affected.
 
16.             Law and Jurisdiction
(a)              These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
(b)              Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Three Shires Driving Centre Limited – Terms & Conditions February 2019