These Terms and Conditions, (“the Terms”), apply from 18th January, 2018 to any Intensive driving course booked on behalf of fastPass Intensive Courses (and derivatives thereof) (“the Trade Name”) with an Instructor by its Agent.
Recitals:
(A) “The Instructor” is an individual who is licensed or registered to legally charge anyone (either money or monies worth) for providing driving instruction in a car.
(B) “The Agent” is Driving Instructor Services ltd., whose registered office is at Suite 209, Unit 9, Westfield Industrial Park, Waunarlwydd, Swansea SA5 4SF and who has knowledge and is in the business of promoting intensive driving courses and/or also administering them on behalf of multi-car driving schools and individual self-employed driving instructors who trade in their own right.
(C) The Agent also advises and assists persons wanting to learn to drive using a course of intensive driving lessons, (“the Pupil”), and will introduce them to an Instructor and liaise between the Pupil and the Instructor to confirm a mutually acceptable schedule of driving lessons.
(D) This process of promoting, administering, advising and assisting is called “the Support Service” and there may be ancillary elements to the Support Service that may be provided by the Agent, e.g. where the Agent books a driving test with the Driver and Vehicle Standards Agency (“the DVSA”) or arranges accommodation at a hotel or guest house for residential courses.
(E) The Agent can, upon request, provide an invoice in respect of that portion of the course money that covers its own fee in providing the Support Service, (“the Agent’s fee), which will be subject to VAT. The Agent will also account as “Disbursements” for any other monies collected on behalf of other suppliers, including those providing driving lessons, driving tests or accommodation. If a full VAT invoice is required for Disbursements, this must be obtained from the supplier of that service, (assuming they are VAT registered).
(F) Once a Pupil pays a deposit for a course and has been provided with these Terms in a durable medium, such as an email booking confirmation, this constitutes a booking and the Pupil will be deemed to have accepted these Terms without reservation. Once an Instructor has accepted a course booking and a retainer is forwarded to them by the Agent, the Instructor is also bound by these Terms. The Instructor has agreed to indemnify the Agent from any cause of action arising from their provision of driving lessons under any booking they accept and these are the Terms under which the Agent will provide the Support Service.
(G) To avoid misunderstanding and to help monitor the quality of the Support Service, the Agent may record its telephone calls.
- 1. Principal provider
The Instructor is the principal provider in this agreement between the parties and is responsible for all matters appertaining to the provision and conduct of driving lessons. The Agent cannot be held liable for the actions of the Instructor under any circumstances, however the Agent will absolve the Instructor from responsibility for any error directly made by the Agent in providing the Support Service.
- 2. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 (“the Act”).
On booking a course the Pupil gives their express consent for Support Services to commence within the 14 day cancellation period normally provided for in the Act, and because of this, the Agent is entitled to retain the deposit paid by the Pupil in the event of cancellation by the Pupil at any time during the first 14 days of booking..
- 3. Disabilities and Special needs
(i) Because of the nature of intensive courses, where a relatively large number of driving lessons are arranged in a very short period of time, some individuals may not be suitable to undertake such courses. It is recognised that both the Agent and the Instructor must be able to meet its obligations under the Equality Act, 2010, but it is the Pupil’s responsibility to clearly notify the Agent of any disability or special needs that may affect a Pupil’s ability to learn to drive prior to booking so that appropriate advice can be given or adjustments can be made.
(ii) Any disability notified or becoming apparent after a course is booked will substantially reduce the Instructor’s ability to make suitable adjustments on the lessons, and if the course proves unsuitable for the Pupil in those circumstances, the course will not be changed and no refund will be given.
- 4. No guarantees
Any recommendation given or quotation provided by the Agent is an estimate for a course that is considered suitable based on the information given by the Pupil and the Agent’s experience of the driver training industry. This is particularly important if the Pupil has a disability or special needs. There is no promise or guarantee:
- that any course will be suitable or sufficient for the Pupil’s needs
- about the quality of the tuition provided
- about the date that a course or test will be arranged
- that the personality and temperament of the Pupil and the Instructor will be compatible
- of the result of any test conducted.
Errors and omissions in any quotation are also expressly excepted.
- 5. Deposits, Balances and Charges
It is a condition of all bookings that any deposit paid by or on behalf of a Pupil is non-refundable.
Balances are due payable no later than 30 days prior to course commencement. The Agent reserves the right to cancel any course without notice if the balance is not paid in full by the due date.
The following Charges may also be applied by the Agent as appropriate:
- where balances are not received on time from the Pupil
- where the arrangement or conduct of a course is not possible due to delay by the Pupil or the Instructor
- for additional work involved or consequences of the Pupil or Instructor failing to complete the course as contracted
- if a Pupil or Instructor requires a non-standard Support Service.
For the Pupil’s peace of mind the Agent will hold all but £25 of the Instructor’s driving lesson fees in a ring-fenced client account until the intensive course begins, (the £25 being an initial retainer payable to the Instructor on reserving the course). Whilst the Agent is responsible for all money held in its client account, the Instructor is solely responsible for all lesson money once forwarded to them by the Agent.
- 6. The course price includes:
- free online theory assistance to help the Pupil prepare for the theory test (if applicable)
- a defined number of lesson hours conducted one-to-one by an Instructor in their tuition vehicle, including all ancillary costs, e.g. fuel, insurance, etc., including a pick up from and return to one address on each pre-agreed lesson
- the cost of a single theory and/or practical test, provided that such a test was included in the quoted price when the booking was made
- the cost of administration of the Support Service and any additional elements described in the booking confirmation. .
- 7. The course price does not include:
- additional lessons over and above those specified in the course quotation
- any additional tests over and above those included in the quotation
- special requirements not notified to us on booking, such as, (but not limited to), an extended or weekend driving test
- accommodation or travel costs associated with residential courses
- out of pocket expenses incurred by the Pupil.
- 8. The Pupil must:
- make sure that their driving licence is accurate and up to date and appropriate for the vehicle they are learning in
- take their valid driving licence on any theory or practical test that is booked, and on their driving lessons
- notify the Agent prior to booking, (and advising the Instructor once allocated), of any disabilities or special circumstances that may affect the conduct of the lessons or any driving test
- complete the course within 6 months of the deposit having been paid otherwise any remaining lessons untaken may be forfeited with no further liability on the Agent to provide Support Service or on the Instructor to conduct lessons. Where the Agent or Instructor is willing to continue Support Service or conduct lessons, an additional charge may be made.
- 9. The Instructor is responsible for:
- providing a suitably insured, dual controlled vehicle for the requisite number of hours for the Pupil to learn in
- ensuring that the vehicle will be fit for purpose throughout a course
- being licensed or registered by the DVSA for the provision of driving lessons
- making their best effort to get a pupil to the required standard during the course
- compensation or refunds for failure to provide driving lessons as booked
- any vehicle defect or failure that might reasonably have been anticipated.
- 10. Neither the Agent nor the Instructor is responsible for:
- any test alterations made by the DVSA
- any consequences resulting in a course not being taken for any reason
- any matters affecting the conduct of the course that are outside the Agent and Instructor’s direct control.
- any Errors and Omissions, howsoever caused.
In any event, the maximum claim that may be made against any party by a Pupil is limited to the value of the money paid by the Pupil for the course.
- 11. The Lesson schedule
(i) After a deposit is paid by a Pupil, the Agent will liaise between the Pupil and the Instructor to arrange a Lesson schedule, which will be confirmed by email to both parties.
(ii) It is a strict condition that once confirmed, the Lesson schedule should not be changed by any party, but if any changes are later made directly between the Pupil and the Instructor, (even if by mutual consent), both parties must separately notify the Agent by email as soon as the changes have been agreed. To avoid any dispute or misunderstanding, Pupils are strongly advised not to agree to any changes with their Instructor, (and vice versa), that both parties are not completely happy with.
(iii) If the Agent is not notified by both parties of any changes, or if the Agent has been notified of changes by one party that are subsequently disputed the other party, the original Lesson schedule that the Agent had agreed will form the basis of any decision that the Agent may make on the matter in the event of a complaint. The Agent may charge a fee if called to investigate or adjudicate any dispute arising from changes that the Agent has played no part in or was not notified of.
- 12. Split courses
(i) If a Pupil books a Split Course, i.e. where the practical test date is not booked at the same time that the driving lessons are booked, (usually but not necessarily because the Pupil hasn’t yet passed their theory test on booking a driving course and the Agent is therefore unable to apply for a practical test date until a theory pass certificate has been issued), then neither the Agent nor the Instructor can promise what dates will eventually be available from the DVSA for a practical test and Pupils must be aware that there may be a delay in obtaining an appropriate test date.
(ii) In a Split Course it is extremely unlikely that any driving lessons that are confirmed on booking the course will be altered, even if the only available practical test date is several weeks after the date that the driving lessons have been booked for, although it is normal practice for some hours of the course to be held back to cover the day of the practical test. Alternatively, additional driving lessons can be booked directly with the Instructor if a Pupil feels that they need to maintain their driving standard during any delay in sitting the practical driving test.
- 13. The driving test
(i) The Agent on request of the Pupil can forward a copy of the DVSA email confirmation of any test appointment to the email address provided by the Pupil. It is the Pupil’s responsibility to advise the Agent in a timely manner if no test confirmation that they might reasonably be expecting from the Agent has been received. (Pupils should check their Spam box for receipt of such emails.) The Agent will also separately advise the Pupil and the Instructor of any practical test booked. If the DVSA email conflicts in any way with the information provided by the Agent, it is the Pupil’s responsibility to let the Agent know immediately so that the matter can be investigated. The Agent will not accept any responsibility for any consequences arising from a Pupil’s failure to notify of any discrepancy as required in this condition.
(ii) Any driving test booked will only be taken if the Instructor feels that the Pupil stands a reasonable chance of passing it. Neither the Agent nor the Instructor promises that an Instructor will be able to give enough notice of cancellation to save a test fee if the Pupil doesn’t get to the required standard, but if a test is cancelled, the Instructor will provide standard driving lessons as an alternative to whatever lesson hours had been booked to cover the test. Alternatively, a Pupil may make other arrangements to take the test in their own car, but the course test-lessons that would otherwise have been provided as part of the course will then be forfeit.
- 14. Additional lessons
Pupils are entitled to book additional lessons directly with their Instructor at a rate to be determined by the Instructor, which may be more favourable than the course’s hourly rate, but will be subject to the Instructor’s own terms and conditions, and not subject to these Terms. The Agent may not be able to deal with any issues, queries or complaints arising from those additional lessons, although will always endeavour to liaise between the Pupil and the Instructor in the event of genuine dissatisfaction or grievance.
- 15. Cancellation
(i) Cancellation of courses can only be made by the Pupil or the Instructor in person and must be made in writing directly to the Agent. Cancellations will only be deemed to have been received once confirmed by the Agent.
(ii) A Cancellation form is provided in Schedule 1 at the end of these Terms, although the Pupil does not need to use this provided their instruction to cancel is clear to the Agent and can be relied upon. The Pupil should keep a copy of any notice of cancellation they have given for their own record as proof of same.
(iii) All cancellations by Pupil will be subject to our Refunds policy.
(iv) If cancellation is effected by the Instructor, the Agent may offer the Pupil an alternative course, (subject to availability), at no extra charge to the Pupil. The Pupil may or may not accept that offer at their own discretion, otherwise the Instructor must provide a full refund of any monies paid to them, whilst the Agent will refund any fees held by themselves, (less any disbursement already spent, such as, but not limited to, the cost of driving tests).
(v) If an alternative course is agreed by the Pupil, these Terms will apply to that alternative course.
- 16. Refunds
(i) In the event that a course is cancelled by the Pupil after the deposit but before the balance of the course has been paid, no refund of the deposit will be made, but the Pupil shall not be obliged to pay the balance. Where a course needs to be cancelled after a balance has been paid, the following refund will be made to the Pupil or, (at the sole discretion of the Agent), the person who originally paid for the course:
- more than 30 days prior to course commencement – full refund of the balance
- less than 30 days but 21 days or more prior to course commencement – 75% refund of the balance of the course
- less than 21 days but 14 days or more prior to course commencement – 50% refund of the balance of the course
- less than 14 days prior to course commencement – No refund.
(ii) If the Instructor or the Agent cancels a course prior to commencement, the Pupil shall be entitled to a full refund of the course fee, including the Agent’s fee and any unused Disbursements, (unless the Pupil agrees and the Agent is able to reschedule the course with another Instructor). If the Instructor or the Agent cancels a course after commencement, the pupil shall be entitled to a refund of all unused lesson fees from the Instructor, plus the Agent’s fee and any unused Disbursements.
(iii) No claim can be made by any party for more than the value of the course.
- 17. Exceptional circumstances
In exceptional circumstances, the Agent may at their sole discretion liaise with the Pupil and the Instructor to either:
- reschedule the course at the convenience of all parties, or
- make an ex-gratia refund of part or all of a balance greater than that proportion described in the Refunds clause above.
It is agreed by the Pupil and the Instructor that “exceptional circumstances” will be determined by the Agent, who will consider the reason for cancellation, the amount of notice that was given, and the impact any cancellation might have on the parties involved. If a course is to be rescheduled, there may be an additional fee to be paid.
- 18. Complaints
(i) Any complaint about any matter must in the first instance be notified to the Agent in writing within 24 hours of any incident that has given rise to their complaint, and full relevant details provided so that the complaint can be properly investigated.
(ii) If a complaint relates to arrangements made or agreed directly between the Pupil and the Instructor to which the Agent has not been a party, the Agent may refuse to deal with such complaints, or may require an additional fee to be paid in order to investigate any such complaint in detail on behalf of the other parties.
(iii) The Agent is acting on behalf of the Instructor (and possibly others) and may not be able to deal with complaints to the Pupil’s entire satisfaction. In those circumstances, the Pupil has the right to take the matter further directly against the party being complained about.
- 19. Variation of Terms
(i) The Agent reserves the right to make minor changes to these Terms without notice. In the event that these Terms are varied such that they substantially affect either the Pupil or the Instructor, the Agent reserves the right to either carry on with the contract under the original Terms, otherwise either the Pupil or the Instructor shall have the right to cancel the contract and the Pupil shall be provided with an appropriate refund.
(ii) No person, including the Instructor, is authorised to alter or amend any of these Terms except the Agent, and then only when confirmed in writing.
(iii) If anything that the parties have been told or that they may have seen conflicts in any way with the clauses of these Terms, these Terms will take precedent.
- 20. Severability and Governing law
If any provision of these Terms is held to be unenforceable, a booking will remain in effect with the unenforceable provision omitted unless omission would frustrate the intent of the parties, in which case the booking will immediately terminate. These Terms will be construed according to the laws of England and Wales.
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Schedule 1: INTENSIVE DRIVING COURSE CANCELLATION FORM
It is important that this form is completed and returned to us promptly as it is subject to our Terms and Conditions, which were provided on booking. If preferred, the Pupil can cancel by telephone and in order to avoid misunderstandings our calls may be recorded.
(Cancellation can only be effected by the person who booked the course.)
I hereby give you notice that I cancel that portion of my contract that I am able to cancel under the terms of the Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2014, for the supply of the following service:
Course reference number, (if known): ___________________________
Name of Pupil, (Consumer): _______________________________________
Booking made on, (date): _____________________
Address of course pick-up: _______________________________________
Signature of Pupil: _____________________________________________
(Simply re-type name if forwarded as an email attachment)
Capacity of Signatory if not Pupil: _________________________________
(Pupil must also have signed to confirm your authority to cancel for them)
Date of cancellation: _______________________
Reason for cancellation: _______________________________________
Amount due to be refunded: _________________
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Now post to: Driving Instructor Services Ltd, Suite 209, Unit 9,
Westfield Industrial Park, Waunarlwydd, Swansea SA5 4SF
Or Email: [email protected]
Or Telephone: 01792 870700