Chris’s School of Motoring
Terms and Conditions of Business
(Version 4.3 Last updated 27/09/2020)
The Terms and Conditions of Business under which driving instruction is provided are outlined below:
These Terms and Conditions of Business are a contract between the student (including the person or business responsible for the funding of the driving tuition) and Chris’s School of Motoring. If the student is under the age of 18, then the contract is with the agreed parent or guardian.
The student will be informed of any amendments to these Terms and Conditions of Business, at least 7 days prior to any amendment by email to the registered account holders email address.
By accepting lessons with Chris’s School of Motoring, the student agrees to these Terms and Conditions as detailed below:
1.1 Code of Practice
We abide by a Professional Code of Practice, which can be found on the DVSA website.
The instructor agrees to provide the student with a car which is legally roadworthy, taxed, insured and holds a valid M.O.T. (where necessary).
The instructor’s car will be clean, tidy and fitted with dual controls.
The instructor will be courteous and polite and will not use improper language or suggestion.
The instructor will not make or receive calls or texts during the lesson unless in an emergency and when the car is stopped in a safe place.
1.2 Entitlement to drive
The student must hold a current, valid driving licence that entitles them to drive in the UK.
The student must satisfy the requirements of medical fitness to drive, including compliance with the regulations for eyesight, being able read a number plate at the prescribed distance of 20.5 metres (67 feet) with glasses or contact lenses if normally worn. Where glasses or contact lenses are required in order to meet the eyesight requirement for driving, they must be worn at all times while the student is driving.
The driving licence must be produced at the student’s first driving lesson and may also be checked periodically by the driving instructor. Any points, endorsements, bans, convictions, or restrictions of any kind on the student’s licence must be notified to the instructor immediately. You will not be allowed to drive until your driving instructor has seen sight of your valid driving licence.
1.3 Fitness to Drive
It is the student’s responsibility to ensure that they are fit to drive. The student must inform their driving instructor as soon as possible of any medical condition, disability or injury that may affect their ability or entitlement to drive. The student must inform their driving instructor or if they feel unwell before or during a lesson.
The student must ensure that they do not drive whilst under the influence of alcohol (including the day after consuming alcohol which may result in still being impaired or over the legal drink drive limit), or drugs (some prescription and ‘over the counter’ medicines can cause drowsiness). The student should ensure that they do not arrange driving lessons at times when they are likely to be tired, stressed, or otherwise distracted.
The student must wear suitable footwear, and clothing that does not restrict movement, or impede their ability to drive safely in any way.
1.3.1 COVID-19 Precautions
Full precautions and requirements for taking driving lessons during the COVID-19 epidemic are detailed in a separate document. It is the student’s responsibility to ensure that they read and understand this document. Students should ask their instructor if they are unsure of any details.
Before attending a driving lesson, students must advise the instructor by phone call or text if:
a) They have a continuous new cough, or anyone in their household, or anyone they have been in close contact with in the last 14 days has a new continuous cough.
b) They have a high temperature, or anyone in their household, or anyone they have been in close contact with in the last 14 days has a high temperature.
c) They have a loss of taste and/or smell, or anyone in their household, or anyone they have been in close contact with in the last 14 days has a loss of taste and/or smell.
Students must wash their hands continuously for at least 20 seconds just before they leave the house to come on their driving lesson. We recommend that after the lesson students should immediately wash their hands on returning to their property.
Your instructor will wipe down all areas of the car with an antibacterial agent, that you come into contact with between lessons
Face coverings and gloves are optional on lessons. If you want to wear these, you must provide them yourself. Your instructor will wear a face covering and/or gloves if you ask him to if this makes you feel safer, if you ask your instructor to wear face coverings and/or gloves then you must wear them also.
Before entering the car, you must agree to your temperature being taken by a contactless thermometer if requested and clean your hands with anti-bacterial/viral hand gel. Failure to comply with this request will mean that your lesson will be cancelled, and the lesson will be charged for as if it has happened.
If your instructor believes you have symptoms of COVID-19, or that you have been in contact with someone who has symptoms of COVID-19 within the last 14 days then the lesson (and all your lessons for the next 14 days) will be cancelled. In this instance you will not be charged for the cancelled lessons if the instructor has not arrived at the lesson pickup point.
Chris’s School of Motoring or the driving instructor will not tolerate any form of verbal, written or physical abuse, whether directed at the driving instructor, a driving examiner, or any other road user.
The driving instructor reserves the right to terminate any lesson at any stage should, in their sole opinion, feel that it is inappropriate to continue because of the student’s health, behaviour, sobriety or state of mind. In these circumstances the lesson fee is forfeited, and it is at the instructor’s sole discretion as to whether further transport home or lessons shall be provided.
If the instructor terminates a driving lesson due to suspecting COVID-19 symptoms, then the pupil will be asked to sit in the back seat while the instructor transports them home. If the lesson has started, then the lesson will be charged as if it has been completed.
1.5 Lesson Fees
Before or on the first driving lesson, the student will be supplied with details of driving lesson fees. Any alteration of driving lessons fees will always be notified in advance.
Special Offers are provided entirely at the discretion of Chris’s School of Motoring and can be changed or withdrawn at any time and without prior notice. By purchasing Special Offers (known as Deals, or Packages) you are agreeing to the specific Special Offer Terms and Conditions as listed when you purchased them.
Driving Lessons are paid for using Pre-Paid Hours. You purchase Pre-Paid Hours as described below.
Except by prior agreement, all driving lessons are paid for in advance and you must have sufficient Pre-Paid Hours to cover your lesson at least 48 hours in advance of the lesson. Your driving lesson will be cancelled if you do not have sufficient Pre-Paid Hours to cover it, charged as a late cancellation and you may then be restricted in booking further lessons.
Where a lesson is booked more than 10 days in advance the lesson is payable on booking or at a date decided by Chris’s School of Motoring. At our sole discretion and in the case of your first lesson(s) we may ask for payment before lessons are booked, and in that case we will reserve the lesson for you for a predetermined time period for you to make payment, after which time if payment is not made the lesson will be returned to general sale without further notice.
Payment for Pre-Paid Hours may be made by cash, bank transfer, PayPal or by card using the following methods: By cash in advance, by debit or credit card payment please text CARDPAYto 07563 839858, Bank transfer payee Chris Buswell A/C No. 01189268, Sort Code 77- 76-19. By PayPal to email@example.com. Please select Friends and Family when paying by PayPal to prevent fees. All advance payments will receive a receipt by email upon processing. Advance card payments are available on lessons or by a secure link sent by text to your mobile.
All purchases of Pre-Paid Hours now include a £1.50 booking fee per hour that is none fundable. Any none used or allocated Pre-Paid Hours can be refunded at anytime in accordance with the detailed refund section of these terms.
Where Pre-Paid Hours are purchased and not used within 6 months of purchase, the Pre-Paid Hours will be recalculated at the current standard rate.
If the student is under 18 years of age, then the contract to provide driving lessons is with the nominated parent or guardian who will guarantee payments for services ordered in accordance with these terms. When the student turns 18 years of age the contract remains with the parent unless and until the parent requests the contract is transferred to the student and we have accepted this request.
1.6 Regular Lessons
Regular lessons repeat on an agreed cycle (e.g. every week) until cancelled by either you or your instructor in line with the cancellation policy.
You will be expected to take your lessons regularly, we understand that lessons may need to be cancelled in an emergency or for an accepted reason (e.g. holiday’s). If you repeatedly cancel your regular lessons, you may be required to pay for the lesson that you are cancelling.
You may cancel regular lessons at any time giving the required notice. Once cancelled a regular lesson will be reallocated and therefore may not be available for you to book again.
1.7 Change of tuition vehicle
Tuition vehicles are periodically changed, either permanently or when a vehicle is replaced temporarily, due to mechanical or other problems.
Chris’s School of Motoring or the driving instructor will not be responsible for any losses (e.g. lesson or test fees) if the student chooses to decline lessons in the replacement vehicle.
1.8 Driving lesson cancellations by the instructor
Driving lessons may sometimes need to be cancelled at short notice due to adverse weather conditions, a fault with the driving instructor’s car, the driving instructor being ill or some other emergency or unforeseen occurrence. Every effort will be made to notify the student as soon as practicable. In this case the driving instructor will rearrange any appointment to a time suitable for both parties as soon as possible. This will be the limit of our responsibility. We do not accept any responsibility for financial loss or cost in this regard.
1.9 Driving lesson cancellations by the student
The student must give 48 hours clear notice (the minimum cancellation notice period) when cancelling a driving lesson, otherwise the driving lesson will be charged for in full. This includes reducing the length of a driving lesson (e.g. reducing a 2-hour driving lesson to a 1 hour driving lesson).
Where lessons are cancelled within the minimum cancellation notice period the Pre-Paid Hour credit is used as if the driving lesson had taken place.
The student must confirm cancellations by text to Chris’s School of Motoring.
Where a student repeatedly cancels lessons, the driving instructor may:
· Charge for the cancelled lesson regardless of notice given.
· Impose a longer period of notice required for the cancellation of driving lessons.
· Discontinue driving lessons with the student
Where the student is, in the driving instructor’s sole opinion, not fit to drive through alcohol, drugs or any other (none COVID-19) condition, the driving lesson will be cancelled, and the driving lesson will be charged in full.
1.9.1 Cancellations due to COVID-19 symptoms
Driving lessons that are cancelled by the student or the instructor before the instructor arrives at the pick-up location due to COVID-19 symptoms are not currently charged even if they occur within the normal 48-hour minimum notice period.
Cancellation of driving lessons due to COVID-19 symptoms will mean that all future driving lessons and Test Lessons within a 14 day period on a rolling 7 days will also be cancelled. If use of the car is withdrawn for a driving test, we are not responsible for any loss of associated fees. To take further lessons within this 14 day period please forward a copy of your negative COVID test result to your instructor.
1.10 Appointment times
The student should keep a record of appointment dates and times in order to avoid missed appointments. We recommend using the Student App which is free to use and setting yourself reminders on your mobile. Where we provide reminders by text or email these are for your convenience only, we do not take any responsibility for the delivery of these messages.
The driving instructor will wait 15 minutes after the appointment time before deeming the driving lesson to have been cancelled with insufficient notice.
The driving instructor will make every effort to be punctual, however traffic conditions may sometimes make this difficult, so the student should allow a 10 minute waiting period, your instructor will text you if they expect to be delayed more than 10 minutes and let you know the situation.
The driving lesson will commence either at the appointed time, or, where the driving instructor arrives late, the student will be offered a reduced driving lesson rate, or where possible, the same length of driving lesson originally booked, or additional time on a subsequent driving lesson.
If the student requires the driving instructor to pick them up or drop them off at a different location than the ones originally agreed, then the driving instructor will need 24 hours notice. In this instance, the driving instructor may need to start later or finish the driving lesson earlier than planned to depend on the location of the new address.
1.11 Contact Details:
The student agrees that they will advise any changes to their mobile number, email address and registered address by updating their profile information in the Student App or messaging the details to their instructor.
We may carry out checks to ensure that any changes to the above are made by yourself, for example verifying any change of mobile number by checking by email. Therefore, it’s your responsibility to keep access to your mobile and email secure and you should advise us if they become compromised so that we can disable verifications from any compromised email account or mobile number.
1.12 Duration of lessons
It should be understood that although lessons can be booked in a minimum unit of one hour, some subjects need to be taught using extended lessons (typically 1.5 or 2 hours). This is often dependent on your pickup location and how long it may take to travel to suitable roads to carry out this tuition.
1.13 Transferability of lessons
You cannot sell or transfer lessons which have been purchased in your name to any other person.
1.14 Driving tests
Driving tests should not be booked without first ascertaining the availability of the driving instructor, and agreement being reached between the driving instructor and student regarding readiness for the driving test. This includes the availability of the instructor to supply the necessary number of lessons leading up to the test.
No responsibility will be taken by Chris’s School of Motoring for driving tests booked by the student at times when the driving instructor is unavailable either for the test or to deliver the required number of lessons leading up to the test.
The price for the Test Lesson is as dictated on the student’s price list.
Students should notify their driving instructor of the date, time and location of their driving test by text immediately. No responsibility will be taken for incorrect driving test information provided by the student.
Students will only be allowed the use of the driving instructor’s car for a driving test if the driving instructor agrees that the student is at test standard. The driving instructor reserves the right to refuse the use of their car for the Practical Driving Test, if in their professional opinion the student has not reached a sufficient standard of competence, to take full responsibility for the safety of the vehicle and other road users. Where possible, the driving instructor may recommend further driving lessons if there is time available before the test date or that the test date is put back, however, if the standard required is still not met, the driving instructor reserves the right to refuse the use of their car for test purposes. It is usual that the student will be expected to pass a Realistic Mock Test in order to use the driving school car for a Practical Test.
Where the use of the driving instructor’s car is withheld for a driving test, we will, where possible give the student sufficient notice to enable the student to cancel the test without loss of the test fee. No responsibility will be taken Chris’s School of Motoring for withdrawing the use of the car for the driving test when the driving instructor assesses the student as not being ready for test.
1.14.1 Cancelled driving tests
If a driving test is cancelled due to a fault with the driving instructor’s car, illness of the driving instructor or any other reason that is the responsibility of the driving instructor, then the student will be entitled to the cost of their next driving test fee to be paid for by Chris’s School of Motoring.
The driving test fee will not be reimbursed if the student is given sufficient notice to cancel their driving test appointment without loss of the driving test fee.
Chris’s School of Motoring will not be responsible for any additional driving lesson fees incurred whilst waiting for the next driving test appointment.
Where a driving test is cancelled by the DVSA (Driver and Vehicle Standards Agency), the full fees due to the driving instructor for driving lessons and the use of the car for the driving test are still payable in full, unless cancelled in accordance with the normal period of notice.
Where the DVSA cancel a test at short notice, it may be possible to claim back a proportion of driving lesson fees and other expenses from the DVSA. This is the responsibility of the student.
When the DVSA cancel a driving test for any reason except adverse weather conditions, the DVSA will arrange a new driving test date at no extra cost to the student.
Where a driving test is cancelled due to adverse weather conditions, the DVSA will reschedule the driving test at no cost to the student, however, the full fees due to the driving instructor for driving lessons and the use of the car for the driving test are still payable in full, unless cancelled at least two hours before the driving test appointment time. The student will not be able to claim these fees back from the DVSA.
When a driving test is cancelled because the student’s documents are not in order, because the student is ill, the student has given incorrect test information or for any other reason that is the responsibility of the student, Chris’s School of Motoring are not responsible for the loss of driving test fees. The full fees due to the driving instructor for driving lessons and the use of the car for the driving test are still payable in full, unless cancelled in accordance with the normal period of notice.
When a student pays in advance for driving lessons, they shall be entitled to a refund at any time for unused driving lessons less the booking fee providing this is in accordance with the normal required period of notice (the minimum cancellation notice period) and refund request is made in writing.
Refunds are provided on a per request basis only. The request must be in writing. Your request will be acknowledged, and you will be kept advised on the progress and success of your refund request.
Where a discount has been given for the prepayment of driving lessons, and a refund is requested, the driving lessons already taken by the student will be charged at the normal driving hourly lesson rate, and the balance then refunded less the booking fee and an administration fee of £10.00. Any short notice cancellations (the minimum cancellation notice period) made by the student will not be included in the refund.
Refunds will be made within 10 working days of the request by BACS or PayPal.
Refunds will only be made to the original purchaser.
For the purposes of assessing, maintaining and improving standards, it may occasionally be necessary for a driving examiner to observe a driving instructor giving a driving lesson. The driving instructor will gain permission from the student before the supervised driving lesson commences. The examiner will observe the driving instructor and will take no part in the driving lesson
Driving Examiners are periodically supervised conducting driving tests; therefore, the student may be accompanied on their driving test by a supervising examiner. This is a legal requirement. If the student refuses to be accompanied by supervising examiner as well as the driving examiner, then the driving test will not take place and the test and Test Lesson fee will be forfeit.
The student will be asked before their driving test commences if they would like their driving instructor to accompany them on the driving test. It is the student’s choice to either agree or decline.
With the permission of the driving instructor, students can allow friends or family members to accompany them on driving lessons. The student may want to demonstrate their ability to the passenger, the passenger may want reassurance or advice from the instructor for when they supervise the student during private practice, or the student may want to practice carrying passengers ready for when they become a full licence holder or for when they take their driving test with their driving instructor as an observer. At this time due to the COVID-19 epidemic, additional persons are not allowed in the car during driving lessons.
1.17 Student’s property
The student is responsible for the care of any property they have with them when attending a driving lesson and should ensure they do not leave anything behind.
Chris’s School of Motoring will take no responsibility for any loss of, or damage to, any property belonging to, or in the possession of the student.
1.18 Legal liability
The student, in accordance with road traffic law, is legally responsible for any traffic offences, fines and penalty points incurred, that occur whilst they are in charge of the vehicle on lesson or on the driving test.
The driving instructor will endeavour to train the student to the highest possible standard, however they cannot be held responsible for the standard of driving or any errors that are committed whilst the student is driving without the driving instructor’s supervision, either before or after the student passes a driving test.
1.19 Collection of Outstanding Fees
Payment of lesson fees are due on the Due Date detailed on the invoice or before. If a payment is overdue by 14 days or more then we will add an Administration Charge of £20.00 to your account to cover the additional cost of administering the debt. We reserve the right to charge additional costs for administering the debt as may be necessary to cover chasing of the debt and loss of earnings while we do so.
We may sell on outstanding debt to third parties, we may ultimately employ debt collection agencies and seek legal action to collect outstanding debt.
If we do not enforce one or more of these conditions at any time, that does not necessarily mean that we won’t enforce it or any other condition in the future.
If the student is not happy with any aspect of their driving lessons, or of the standard of service offered, they must raise the matter directly with Chris’s School of Motoring in the first instance and as soon as it is practicably possible and confirm the complaint in writing within 7 days of the date of the cause of the complaint. We’re committed to providing a high quality of service to everyone.
We need you to tell us if we get things wrong. We’ll listen to your complaint and treat it seriously and in confidence.
We aim to:
· put things right for you when it’s possible and appropriate
· learn from where we went wrong
· make sure that we don’t make the same mistake again
If you are not satisfied with the result of your complaint to Chris’s School of Motoring, you may wish to contact the Driver and Vehicle Standards Agency who may be able to help you.
1.21 Data protection
Chris’s School of Motoring takes data protection very seriously. Any data held by us is held securely and is only used for the purpose of Chris’s School of Motoring directly.
Student details will not be given to any other party without the permission of the student unless required to do so by law.
Students may be included in various forms of mailing that Chris’s School of Motoring deems of interest to the student. Students will be able to opt out of mailings at any time, either directly through the media used or by emailing their request.
You are responsible for keeping your Account password safe at all times. We will not be held liable for any damage or costs from your failure to comply with this security obligation.
We can amend these Terms and Conditions at any time. If we make a significant change to our Terms and Conditions, we will email all active students and advise them of the change. You may need to agree to the updated Terms and Conditions, this is usually done by text. You can check back at any time to see the latest Terms and Conditions that are in force. By continuing to take driving lesson with us you are agreeing to any amendments to these terms where notification of the update has been sent to the students registered email address.
Unless you are reading these Terms and Conditions live online you should not assume that the document that you are reading is the latest version of this document.
Chris’s School of Motoring 2016-2020. © All rights reserved.