Terms of Service Driving Safe School of Motoring

 

 

These terms are designed to form a contract between the Instructor Robert Whyard ADI operating as a sole trader.Trading as Driving Safe School of Motoring and the learner, ensuring clarityon responsibilities , payments, cancellations, and other key aspects of the driver instruction service. It is crucial for both parties to understand and agree to these terms before lessons commence.

 

1. Contractual Agreement

 

The agreemant for Driving lessons typically begins upon acceptance of these terms and completion of booking process usually before the first lesson. The contract remains in effect until lessons are permanently ceased; often the learner passes their practical driving test or decides to stop lessons. Either party may terminate the contract under specific conditions, such as insufficient notice for cancelations or non-adherance to payment terms (1)

 

For learners under 18, a parent or legal guardian is uaually required to formally accept the terms. If a third party is funding the lessons, they should also be made aware of the terms; particularly regarding payment and cancellation policies (1) Any material changes to the terms of business should be communicated to the learner with adequate notice typically 28 days, before they come into effect. (1)

 

2. Instructors Business Details

 

The Instructor Robert Whyard ADI operates as a self employed, independant driving instructor in Bridgend, registered as a sole trader, trading as Driving Safe School of Motoring . The contract for driving lessons is soley between the instructor and learner. (1) 

 

3. Driving license and Health Requirements

 

Learners must possess a valid provisional driving license and present the photocard version on their first lesson. It is the learners responsibility to inform the instructor of any changes to health driving entitlements or endorsements. The Instructor may require access to the DVLA;s View my license service to verify driving entitlements.

 

Prior to lessons , a health risk assesment may be conducted based on any disclosed medical conditions or medications that could affect driving abilitly . Leaner drivers are legally responsible for reporting notifiable medical conditions toi the DVLA and must inform the instructor of any changes to their medical situation. The instructor reserves the right to cancel or curtail lessons if they believe the learner is unfir to drive. (1) Eyesight checks are typiocally conducted periodically.

 

4. Responsibilities

 

Instructors Responsibilities

 

The Instructor Robert Whyard ADI is committed to creating a safe and conducive learning environment, adhering to professional codes of practice. e.g DVSA voluntary code of Practice, DIA code of conduct which includes:-

  • Cancelling lessons if unwell with contagious symptoms and refraining from lessons until symptom free. eg 24 hours.
  • maintaining car hygiene, such as ventalating the vehicle and sanitizing controls between lessons.
  • Ensuring personal hygiene and the use of a hand sanitizer 
  • operating dual controls for safety, to prevent legal breaches or to demoinstrate driving aspects.
  • avoiding physical contact, except for inadvertant contact when operating controls.
  • Ensuring mobile phones are switched off/silent during lessons.

 

Learners Responsibilities

 

Learners also have responsibilities to ensure a safe and effective learning experience

  • Cancelling Lessons if unwell with contagious symptoms and refraining from lessons until symptom free
  • Wearing clean clothing and maintaining personal hygiene.
  • Listening and follow the instructors instructions for safety and learning.
  • Must not Disregard for road safety or have an inappropriate attitude towards the instructor, the car or other road users.
  • Ensuring mobile phone off or silent. 

5. Insurance and Liability

 

Leaners with a valid provisional license and have medical fitness to drive are covered under fully comprehensive insurance whilst driving the tuition car. public liability and professional indeminity is held through being a member of the driving school association of great britain.

However instructors are generally not liable for losses due to circumstances beyond their resonable control or legal duty. The learner as the driver of the vehicle remains legally responsible for any breaches in the highway code and penalties such as speeding.

 

6.Prices and Payment

Lesson prices are subject to review with potential adjustments due to inflation or fuel cost increases. However an agreed price is often guaranteed until the learner completes the training. Any price changes that have to be implemented  will be communicated with advance notice.

 

7. Refunds of Pre-Paid lessons

 

There are no pre-paid lesssons at the moment we are strictly pay as you go. this can be done through bank transfer on the day or cash. whichever is more convenient .

 

8. Availability and Cancellations

 

Learner availibility for lessons is assessed on the first lesson, and any changes can be accodated accordingly if communicated promply.Instructors may cancel the contract if availibilty issues persist. priority given to pupils who have regular weekly lessons.

  • Illness: Lessons cancelled due to illness with notice of about 2 hours are typically not charged and subsequent lessons may be cancelled until the learner confirms fitness to resume.
  • other reasons; for cancellations due to other reasons 48 hours notice is required to aviod charges due to loss of income
  • Failure to provide the minmum notice; including not attending a lesson (no show) may result in a cancellation charge, often a percentage of the lesson price. However this can be waived if the lesson slot is filled.
  • Instructor Cancellation; If the Instructor cancels due to illnes our a vehicle fault notice will be provided to rearrange the lesson .
  • Pratical Test Cancellation; If the practical driving test is cancelled by the DVSA due to examiner absence or industrial action or industrial action, a full charge for the pre-test will apply as learners can claim back costs from DVSA or they may well book the next available test which could be some time from the original test date.

9. Practical test Booking in Bridgend and Use of the Tuition Car

 

Learners are responsible for paying the DVSA for a practical test and providing a suitable car for the test. it is essential that an agreement is made on the test date, to ensure the pupils test readiness and availibility; should the driving safe car be used on the test day. instructors reserve the right to withdraw the use of the car if the leaner is deemed unprepaired or if the test was booked without consultation. there is a charge for the use of the car on test day.

 

10. Trust and Confidentiality

 

Instructors are committed to maintaining confidentiality regarding learner progress. However for learners under 18 or those whose lessons are paid for by a third party cna be summerized in a periodic review of progress and can be shared. personal or sensitive information shared during lessons is kept confidential.

 

11. Complaints procedure

 

Learners statutory consumer rights are unaffected by these terms . Any concerns should be disscussed with Robert Whayrd ADi immediately. If unresolved, learners may contact there local trading standards office or directly to the DVSA.

 

12. Governing Law

 

These terms and conditions are typically governed by the laws of England and Wales and are subject to non-exclsive jurisdiction of the English courts.

 

Ref: terms of Business - Driving lessons with Martin (Nottingham)

 

author Robert Whyard ADI