cheltenham driving instructor

 

Terms & Conditions

December 2021

The following terms and conditions represent the basis upon which I (the business owner) offer driving lessons and courses to you (the student). Any breach of the following terms and conditions by either party may default the contract for service.

1. 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 dualcontrols and is fully insured for driving tuition purposes. I will not smoke in the training car at any time, nor will I use your lesson time for any other form of business, personal or otherwise without your expressed permission.

2. Qualifications

I am legally authorised to give driving tuition in the UK by the Driver and Vehicle Standards Agency (DVSA).

3. Driving Licence and Eyesight

As required by law, you must hold a current, valid driving licence (provisional or full), which must be produced on or in advance of your first driving lesson. I will require you to provide me with your provisional licence number and requisite check code via gov.uk prior to commencement of lessons - full details prior to commencement. You must also check you can read a number plate at a distance of 20.5 metres (i.e. 67 feet - about 5 car lengths) with prescribed visual aids (i.e. contact lenses or glasses) if normally worn. Please note if you need contact lenses or glasses to achieve this, you must make sure you wear them on each and every driving lesson.

4. Safety, Well Being and Control

Safety and responsibility for risk are shared during driving lessons, as identified below:

a) In the interests of comfort and safety you are advised to wear suitable footwear and clothing.

b) 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 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.

c) 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.

d) 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.

e) You can be assured I will not use improper language or suggestive behaviour and/or physical contact.

f) 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.

g) 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.

5. 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 lesson fee will be charged.

6. Lesson Postponement

You will lose, or be required to pay for, any lessons booked in my diary which are postponed or cancelled by you within 24hours of the agreed lesson start time, if I am unable to obtain new replacement work for the appointment time. I reserve the right to postpone lessons if I consider the weather or road conditions to be unsuitable or dangerous or if my car is unusable for any reason. Unfortunately, I cannot be held responsible for any costs incurred as a result of me having to postpone any lessons, for whatever reason.

7. Punctuality

In your own interests you are advised to be punctual for your lesson appointments. 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. I endeavour to ensure I hold mobile numbers and email addresses for all pupils (and parents where appropriate) and they retain my details so that either party can advise if they are running late for a lesson.

8. Payments

Lessons/block bookings are paid for in full, in advance, at least 2 weeks before commencement of the first lesson in the agreed block. Payments can be made via BACS / electronic transfer (preferred) or in cash by prior agreement. If you are paying for a block of lessons then any monies not used for lessons/test will be refunded, subject to the other terms included in paragraphs 6 & 7 above.

9. The Driving Test, Bookings and Postponements/Cancellations

a) Driving tests can be booked by you or me on your behalf. Driving test bookings always take priority over other lessons. Therefore, your lesson may be postponed to allow for someone else's driving test and vice-versa. Changes to lesson bookings as a result of this will be notified immediately. Test appointments must be notified to me as soon as they are known to you, otherwise I cannot guarantee to provide a vehicle for the test or any lessons just prior to it.

b) In the interests of customer and public safety I reserve the right to withhold the use of the training car for the test if, in my opinion, your driving is actually or potentially dangerous - behaviour which if repeated on the test would result in a test failure.

c) Three clear working days (Sundays and public holidays don't count as working days) notice of test cancellation or postponement is required by the DVSA. Therefore, to cancel a test booked for a Friday you need to do this online no later than the preceding Monday thus giving three clear working days (i.e. Tuesday, Wednesday and Thursday). Failure to provide the required notice will result in the loss of your test fee. I cannot be held responsible for any postponement or cancellation of tests by you or the DVSA. However, I will help to reclaim expenses from the DVSA if appropriate.

10. Complaints

In the event of a complaint I would be extremely grateful if you would give me the opportunity to resolve the matter in the first instance. If we are unable to mutually settle a complaint, the gov.uk website provides further information on how to progress the matter - www.gov.uk/complain-about-a-driving-instructor.

11. 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.

12. COVID-19 Safeguarding

a) To safeguard you, me and my other students while COVID-19 remains a threat it will be necessary to abide by the following terms and conditions. These terms and conditions are designed to help reduce the risk of contracting or transmitting the virus while taking driving lessons. Where there is any conflict between my standard terms and conditions of service and those listed below, these take precedence. I will do my best to minimise the risk to you by sanitising those surfaces that you might touch and by ventilating the car whenever possible before each lesson. Due to the fact we will not be able to observe the 2 metre social distancing rule while in the car, and because we will be operating in a confined space used by a number of different people, I am unable to guarantee you will not be infected by COVID-19 during your driving lessons.

b) Should you or a member of your household become infected by undertaking driving lessons with me you are agreeing to accept full responsibility (except where I am negligent) for any loss, cost or expense you might incur should you contract COVID-19 or pass it on as a result of taking driving lessons with me and not take any action against me to recover any such loss, cost or expense.

c) You will need to consider whether you or a member of your household might be particularly vulnerable. If you or any persons you are likely to be in contact with are at risk of having a severe form of the illness as a result of being infected by COVID-19 (e.g. senior citizens, pregnant women and those with underlying medical conditions) please consider very carefully whether you should be taking driving lessons at this point in time.

d) Let me know immediately if you or any members of your household have been exposed to serious risk of contracting COVID-19, tested positive for it, advised to self-isolate or shown symptoms of it. Please note, I do not need personal details of any individual to whom this may relate. Current COVID-19 symptoms are listed at www.nhs.uk/conditions/coronavirus-covid-19/check-if-you-have-coronavirus-symptoms. Without charge to you, I reserve the right to postpone the lesson if I suspect you may have symptoms consistent with being infected by COVID-19 or have been seriously exposed to it until it is safe to continue based on the latest Government guidelines.

e). I will inform you if I suspect I or anyone in my household have been exposed to a serious risk of contracting COVID-19, tested positive for COVID-19, exhibited symptoms of COVID-19 infection or been advised to self-isolate. If so, I may need to postpone your driving lessons (including attending any driving test) and self isolate, based on current Government advice. In this instance any paid for lessons would be carried forward until I was in a position to resume training.

f) From November 2021, the updated Government guidance for England states that face coverings are required during a professionally delivered driving lesson and practical driving tests. This is clear and concise and as a result all pupils and myself are required to wear a face covering during lessons unless medically exempt, until further notice.

g) Please wash your hands and use sanitiser before lessons. I will sanitise the car, specifically the regularly used touch points, before each lesson.

h) I will ventilate the car by keeping some of the windows open during the lesson. If this is not practical, I will endeavour to ventilate the car between lessons.