terms and conditions

1.1

In these Terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2

Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.3

The heading used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4

Words signifying the singular number shall include the plural and vice versa;

1.5

References to any gender shall include the other gender.

2.1

I am  registered with the DVSA as an approved driving instructor (ADI) and My ADI registration is up to date.; I will display my current DVSA ADI registration certificate in any vehicle that I use for a lesson, and I will ensure that ADI certificate is kept up to date at all times.

2.2

I am a self-employed driving instructor and am not employed by a driving school.

3.1

A lesson will only be made available to You if You have a pre-booked appointment for it. You should book a lesson with Me either in person at my address or elsewhere, by telephone, via SMS, via the Total Drive App or through My website. It shall be Your and My responsibility to agree all matters relating to each lesson including, but not limited to, date, time, location and duration;

3.2

Your request to Me to book a lesson will be an offer, but whether I accept any request will be for me to decide in my discretion. Only if and when I tell You that I accept Your request for any particular lesson(s) will there be a binding contract between You and Me for that/those lesson(s);

3.3

If you wish to make a booking for two or more lessons by means of a single booking and in My discretion I accept that booking, My contract with You will be for all of the lessons concerned;

3.4

I will not reserve any lesson slots or guarantee regularity of lessons over any period of time or on any particular data and/or time except that I reserve a particular lesson slot for You if an when I accept a booking for it from You. Nevertheless, I shall use reasonable endeavours to make available regular lesson slots for You;

3.5

If You know You are going to be late for a lesson, You should contact Me to tell Me. If You arrive (or are not ready) later than 15 minutes after the scheduled start time for Your booked lesson, I will try to provide that lesson but if I decide that I cannot do so, the lesson will be treated as cancelled without notice by You and, if I then decide to make a charge for that lesson cancelled without notice, sub-Clause 14 below will apply;

3.6

You may cancel a lesson without charge if You give Me at least 48 hours prior notice of the cancelation and if You do so I will refund to You any sum You paid in advance;

3.7

If you do not give Me at least 48 hours prior notice of cancelation of a lesson, I will be entitled to charge You for any net financial loss that I suffer due to Your cancellation but not more than 100% of the full price of the lesson. I will be entitled to deduct that charge from any sum You paid Me in advance, and I shall refund the balance to You;

3.8

If due to exceptional circumstances, including, but not limited to, illness, accident and bereavement, You cancel a lesson without giving Me at least 48 hours prior notice, I will consider the circumstances and in My discretion decide whether to waive any charge for late cancellation that I am entitled to make under sub-Clause 3.5 and 3.7;

3.9

If I wish to cancel a lesson, I may do so without incurring any liability to You and You will not have to pay for that lesson.

3.10

Notwithstanding sub-Clause 3.9, I may do so without incurring any liability to You, cancel a booked lesson at any time before the start time of that lesson, where either:

3.11

I will use all reasonable endeavours to start a lesson at the time which You have booked but the start may be delayed by overrun of a previous lesson or by other circumstances. If a delay to the start is at least 15 minutes, or if at any time before or after You or Me arrives for a lesson I notify You that there will be a delay of at least tat time, You may cancel and will not have to pay for that lesson and I will refund to You in full any advance payment that You have made for that lesson. If however, in those circumstances You do not cancel the lesson, I will add on to the lesson the time by which the start is delayed at no charge to You or, if that does not suit You, I will add it on to a subsequent lesson, or if You do not book a further lesson, I will refund a part of the fee for that lesson in proportion to the part of the lesson not added on; and

3.12

Where the contract I make with You is not made on My premises, the Regulations give You the rights set out in this sub-Clause 3.12, and they will be in addition to the rights given to You by the above provisions of this Clause DRIVING LESSONS - BOOKING. You may for any reason cancel any lesson(s) during the 14 day period after I accept the booking for it/them, but if the booking includes any lesson(s) on a date which is before the end of that period and if You have expressly requested Me to provide any such lesson(s) and I do so, You may not cancel that or those requested lesson(s) and You must pay for them in accordance with Clause FEE AND PAYMENT, and You may then only cancel other lesson(s) covered by that booking. If You request that any lesson be cancelled, You must confirm this in any way convenient to You. If You cancel any lesson(s) as allowed by this sub-clause 3.12, and You have already made any payment(s) for the lesson(s), I will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the lesson(s) that You have received.

4.1

I will agree the location for each lesson with You at the time of booking. I may choose a location which requires additional travel in the interests of road safety. In such cases, if You wish to be picked up and taken to that location by Me, travel time will form part of the lesson time; and

4.2

The minimum length of a lesson will be 1 hour and, if You and I agree, it may be increased by increments of 30 minutes up to a maximum length of 2 hours.

5.1

You must pay My fees for all lessons prior to commencement of the lesson, You can obtain information on current lesson fees from https://www.drivo-logy.com/#Courses-Section or from Me, and are subject to fluctuation up or down due to inflation or deflation.

5.2

I may change My fees without prior notice but if I increase or reduce the fees between the time You book a lesson and the date of the lesson and You pay for it in advance of the lesson, the price increase or reduction will not apply to that lesson but where there is a decrease I may in my discretion decide to refund You the amount of the decrease, and

5.3

You shall make payment of My fees in advance by electronic bank transfer directly to Me (details and references available upon request), via Pay Pal or via the Total Drive app. I shall give You a receipt for all sums that I receive from You and record all payments on Your payment log in your Total Drive app.

5.4

If you do not make full payment at least 48 hours before your lesson then I may release your slot to another student. I will normally send you a reminder before do that.

5.5

Any fees for driving tests will not be accepted by Me and should be made directly to the Driving Standards Agency (DVSA).

5.6

All offers and any advance payment made for lessons are made on the understanding that those lessons will be taken within 6 months of the payment being accepted and are non-refundable unless otherwise specified.

6.1

use My reasonable endeavours to provide driving instruction at the agreed lesson times;

6.2

use My reasonable endeavours to train You to a high standard, but shall not be responsible for any errors made by You;

6.3

be professional and courteous toward You and other road users;

6.4

act in accordance with the DVSA Code of Practise for Approved Driving Instructor (a copy of which You can obtain from Me or visit https://www.gov.uk/government/publications/driving-instructor-code-of-practice/approved-driving-instructor-adi-code-of-practice); and

6.5

Act in accordance with the law.

6.6

I will provide You with a mobile application for the Pupil's progress record, appointments, record of payment, reflective log and confirmation of delivery of lessons. This application will also contain terms and conditions.

6.7

I will allow You to use My tuition car for Your driving test as soon as you reach a safe standard of driving. I reserve the right to refuse the use of My car if I feel you are not ready.

7.1

You confirm that in connection with your request(s) to receive driving tuition from Me, You are and will be a "customer" as defined in Clause 1 above;

7.2

You must hold a valid UK driving licence (either provisional of full) and ensure that it is current and valid;

7.3

You must present your photo card driving licence to Me at the start of your first lesson, and subsequently upon request.;

7.4

If requested by Me you shall use the share driving licence service https://www.gov.uk/view-driving-licence

7.5

If you have been banned from driving and are training for a retest, You must be legally entitled to take tuition and must present proof to Me of that entitlement;

7.6

You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;

7.7

You must always wear any relevant prescribe glasses or contact lenses and sensible footwear for driving.

7.8

You must inform Me of any medical conditions or prescribed medication which may affect Your driving ability, e.g. being on medication that cause drowsiness or under the influence of drugs or alcohol; and

7.9

If you fail to comply with one or more of sub-Clause 43 to 49 above or I find that you are not a "consumer" (as defined in Clause 1 above) I may immediately cancel one or more lessons. If I do so, I may in My discretion still charge for the cancelled lessons.

8.1

I shall ensure that all vehicle provided by Me are fitted with dual controls, are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purpose of driving instruction; and

8.2

You may request to use Your own vehicle. Whether You use Your own vehicle is for Me to decide at at My sole discretion. You must provide proof to Me of Your vehicle's roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purpose of driving instruction.

8.3

Drivo-logy Driving School tuition car is fitted with dash and cabin view cameras. All lessons will be recorded for safety, insurance, and educational purpose.

9.1

I shall discuss driving test with You when I feel that You are ready to take a test;

9.2

You shall be responsible for booking theory and practical tests. It shall be Your responsibility to check the details of the test on Your DVSA confirmation letter;

9.3

You must check with Me before booking to ensure that I consider that You are ready for a test and that My vehicle is available.

9.4

You must inform Me of all details of Your test including, but not limited to, the date and location at least 10 working days before Your test date;

9.5

When You attend a test, You must take all required documentation with You. If You do not, Your test may be cancelled and You would then lose Your test fees paid to the DVSA and to Me.

9.6

If I have given You permission to use My vehicle for Your test but it breaks down or is otherwise unavailable or unusable on the date of the test, I shall use reasonable endeavours to arrange an alternative vehicle. If this is not possible, I shall pay for the replacement test;

9.7

If Your test is cancelled by the DVSA giving You insufficient time to provide Me with required cancellation notice of a booking to Me, You must still pay My fees for My time and/or use of My vehicle. In that case, I shall advise You on claiming compensation from the DVSA for the cost of those fees; and

9.8

If You have a test booked and in My opinion, You, do not make the expected progress in Your lessons between the date of booking and the test date, I may decide not to permit You to use My vehicle for Your test and I will not be responsible for any fees that You pay for the test which are lost.

10.1

I may, in My sole discretion, terminate Your tuition if Your conduct, progress or commitment consistently falls below the standards that I reasonably expect;

10.2

You may, at any time, subject to Your meeting the requirements of Clause headed "Driving Lessons - Booking" as to giving notice of Your cancellation of lessons, terminate Your tuition by Me; and

10.3

Where sub-clause 10.1 or 10.2 applies, I shall refund to You any fees for lessons that You have paid in advance;

10.4

When a discount has been given for the prepayment of lessons, and a refund is requested, the lessons taken by the client will be charged at the full single lesson hourly rate, and the balance refunded.

11.1

I will be responsible for any foreseeable loss or damage that You may suffer as a result of breach of these Terms and conditions by Me or as a result of My negligence. Loss or damage is foreseeable if it is an obvious consequence of My breach or negligence or if it is contemplated by You and Me when My contract with You is created. I will not be responsible for any loss or damage that is not foreseeable;

11.2

I provide tuition only for Your personal and private use/purpose. I will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;

11.3

Nothing in these Terms and conditions is intended to or will exclude or limit My liability for death or personal injury caused by My negligence or for fraud or fraudulent misrepresentation;

11.4

Furthermore, if You are a "consumer" as defined by the Consumer Rights Act 2015, or a consumer for the purpose of any other consumer protection legislation, nothing in these Terms and conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of My duties or obligations to You, or Your rights or remedies, or My liability to You, under:

12.1

I may from time to time, change these Terms and conditions without giving You notice, but I will use My reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

13.1

Current data protection legislation requires that organisations handling user's personal data be registered with the Information Commissioner's Office (ICO)

13.2

All personal information that I may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (GDPR) and Your rights under the GDPR. For complete details of My collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Privacy Policy - https://www.drivo-logy.com/privacy-policy

13.3

All personal information that I may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (GDPR) and Your rights under the GDPR. For complete details of My collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Privacy Policy - https://www.drivo-logy.com/privacy-policy

14.1

I am required by the Regulations to ensure that certain information is given or made available to You as a Consumer before I make My contract with You (i.e. before I accept Your request to book a lesson) except where that information is already apparent from the context of the transaction. I have included the information itself either in these Terms and conditions for You to see now, or I will make it available to You before I accept Your request to book a lesson. All that information will, as required by the Regulations, be part of the terms of My contract with You as a Consumer.

15.1

All the information described in Clause headed "Data Protection"; and

15.2

any other information which I give to You about tuition or other services or Me which You take into account when deciding to book a lesson or when making any other decision about My tuition or other services;

16.1

I always welcome feedback from My Pupils and, whilst I always use all reasonable endeavours to ensure that I provide a high standard of tuition and service to Pupils, I nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about tuition or other services or any other complaint Me, please raise the matter within reasonable time and contact My by phone or email or post.

16.2

All Approved Driving Instructor are regulated and governed by DVSA and any unresolved disputes with an individual instructor can be referred to the DVSA customer services: adireg@dvsa.gov.uk, PO Box 280, Newcastle-Upon-Tyne, NE99 1FP

17.1

No failure or delay by Me in exercising any rights under these Terms and conditions means that I or You have waived that right, and no waiver by Me or You of a breach of any provision of these Terms and conditions means that I or You will waive any subsequent breach of the same or any other provision.

18.1

If any provision of these Terms and conditions, the Contract, and the relationship between You and Me (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Scotland;

18.2

As a consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-Clause above takes away or reduces Your rights as a consumer to rely on those provisions;

18.3

Any dispute, controversy, proceedings or claim between You and Me relating to these Terms and conditions, the Contract, or the relationship between You and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

19.1

If any 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 provisions in question shall not be affected.

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