Terms & Conditions
These Terms and Conditions are the standard terms which apply to the provision of driving tuition by Prince Driving School of 8 Croxall Way Birmingham B66 3HA to students that require such tuition; and where the Student is a "Consumer" as defined by the Consumer Rights Act 2015.
1 Definitions & Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.1.1 "Business" means any business, trade, craft, or profession carried on by You or any other person/organisation;
1.1.2 "Consumer" means a "consumer" as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Instructor who receives tuition from the Instructor for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;
1.1.3 "DVSA" means the Driving & Vehicle Standards Agency;
1.1.4 "Instructor / I / Me / My" means Prince Driving School whose place of business and contact address is [the same address
1.1.5 "Price List" means Instructor's standard price list for driving tuition. The list is available from the Instructor, website or on request by email or phone
1.1.6 "Student / You / Your" means the individual recipient of driving instruction, as named in the Acceptance Clause of this document;
1.1.7 "Parent / Guardian" means an individual with legal responsibility for the Student, who will assume legal liability for the Student's actions or inaction in accordance with these Terms and Conditions, in the event that the Student is less than 18 years old on the date of signing this document; and
1.1.8 "Regulations" means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 "these Terms and Conditions" is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings 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 Driving Instructor
2.1 I am a self-employed independent driving instructor and am not employed by a driving school [when providing tuition under
these Terms and Conditions]; and
2.2 I am registered with the DVSA as an Approved Driving Instructor (ADI) and My ADI registration is up to date. I shall display My current DVSA ADI registration certificate in any vehicle that I use for a lesson, and I will ensure that that ADI certificate is kept up to date at all times.
3 Driving Lessons: Booking, Cancellation & Delays
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 in person or by phone, or by email, or via social media 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 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 date and/or time except that I will reserve a particular lesson slot for You if and 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 20 mins 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 3.7 below will apply;
3.6 You may cancel a lesson without charge if You give Me at least 24 hours prior notice of the cancellation and if You do so I will refund to You any sum You paid Me in advance;
3.7 If You do not give Me at least 24hrs prior notice of cancellation 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 % 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, accidents and bereavement, You cancel a lesson without giving Me at least 24 hrs 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-Clauses 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) if I give You at least 24 hours prior notice, but if I do not give You at least that minimum notice, I shall be liable for and shall credit You with an additional lesson at no charge;
3.10 Not withstanding sub-Clause 3.9, I may, without incurring any liability to You, cancel a booked lesson at any time before the start time of that lesson, where either:
3.10.1 due to my illness, unavailability of a suitable vehicle, or other reason beyond My reasonable control, I am not available or able to provide the lesson fully or properly. If I cancel a lesson in such circumstances, I will refund to You in full any advance payment that You have made to Me for that lesson; or
3.10.2 I have reason to believe that You are not fit to drive at the time of the lesson due to any factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical condition.If I cancel the lesson for such reason, I shall be entitled, at My discretion, either to charge You for that lesson or not to do so but in deciding whether to charge You I shall act reasonably;
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 I arrive for a lesson I notify You that there will be a delay of at least that 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 to Me for that lesson. If, however, in those circumstances You do not cancel the lesson, I shall 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 shall 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 3. 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 5, and You may then only cancel any 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) to Me 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 Lessons: Location & Length
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;
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 4hours].
5 Fees & Payment
5.1 You must pay My fees for all lessons, and I will charge for lessons on an hourly basis. You can obtain information on current lesson fees from myself or website;
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;
5.3 You shall make payment to Me of My fees at least 48 hrs in advance by bank transfer or risk losing the lesson slot to another pupil. If paying by cash a text message 48hrs in advance is required to inform me. I shall give You a receipt for all sums that I receive from You.
6 My Obligations
I shall, at all times:
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 towards You and other road users;
6.4 act in accordance with the DVSA Code of Practice for Approved Driving Instructors (a copy of which You can obtain from Me on request); and
6.5 act in accordance with the law.
7 Your Obligations
7.1 You confirm that, in connection with your request(s) to receive driving tuition from Me, You are and will be a “consumer” as defined in Clause 1 above;
7.2 You must hold a valid UK driving licence (either provisional or full);
7.3 You must always have Your driving licence with You during lessons;
7.4 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;
7.5 You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;
7.6 You must always wear any relevant prescribed glasses or contact lenses;
7.7 You must inform Me of any medical conditions or prescribed medication which may affect Your driving ability; and
7.8 If You fail to comply with one or more of sub-Clauses 7.2 to 7.7 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 Vehicles & Insurance
8.1 I shall ensure that all vehicles that I provide are fitted with dual controls, are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes 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 My sole discretion. You must provide proof to Me of Your vehicle’s roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of driving instruction.]
9 Driving Tests
9.1 I shall discuss driving tests with You and inform You when I feel that You are ready to take a test;
9.2 [You] AND/OR [I] 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 If You book a test, You must check with Me before booking to ensure that I consider that You are ready for a test and I can make car available for test day.
9.4 You must inform Me of all details of Your test including, but not limited to, its date and location at least 14 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;
9.6 Unless I feel that My vehicle is unsuitable for a Student to use for their practical test or Clause 9.9 applies, I generally permit Students to use My vehicle for their test, but whether I permit You to do so for Your test will be in my discretion;
9.7 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 My reasonable endeavours to arrange an alternative vehicle. If this is not possible, I shall [not] pay for the replacement test;
9.8 If Your test is cancelled by the DVSA giving You insufficient time to provide Me with the required cancellation notice of a booking, You must still pay My fees for My time and/or the use of My vehicle. In that case, I shall advise You on claiming compensation from the DVSA for the cost of those fees; and
9.9 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 Cancellation & Termination
10.1 I may, in my 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 3 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 me in advance.
11.1 I will be responsible for any loss or damage that You may suffer as a result of these Terms and Conditions. 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/purposes. 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 purposes 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 Our duties or obligations to You, or Your rights or remedies, or My liability to You, under:
11.4.1 the Consumer Rights Act 2015;
11.4.2 the Regulations;
11.4.3 the Consumer Protection Act 1987; or
11.4.4 any other consumer protection legislation; as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standards Office.
12 Changes to Terms & Conditions
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 Your Personal Information (Data Protection)
13.1 All personal information that We 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 Our 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).
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 any 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 of that information will, as required by the Regulations, be part of the terms of My contract with You as a Consumer.
15.1 As required by the Regulations:
15.2 all of the information described in Clause 14; and
15.3 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;
15.4 will be part of the terms of My contract with You as a Consumer.
16.1 I always welcome feedback from My Students and, whilst I always use all reasonable endeavours to ensure that I provide a high standard of tuition and service to Students, I nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about My tuition or other services or any other complaint about Me, please raise the matter with Me in person or email; Prince Driving School @firstname.lastname@example.org.
17 No Waiver
17.1 No failure or delay by Me or You 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 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 provision in question shall not be affected.
19 Law & Jurisdiction
19.1 These Terms and Conditions, the Contract, and the relationship between you and I (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
19.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (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.
COVID-19 Safeguarding Terms And Conditions
To safeguard you, your family, me and my other students while COVID-19 remains a threat it will be necessary to abide by the following additional 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.
1. What are the risks of contracting COVID-19
COVID-19 is an extremely contagious disease that can lead to severe illness and in some cases death. I will do my best to minimise the risk to you by sanitising all surfaces that you might touch straight after and before each lesson and by ventilating the car whenever possible before and during each lesson. Due to the fact we will not be able to observe the 1+ 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.
2. Accept full responsibility should you or a member of your household become infected
By undertaking driving lessons with me you are agreeing to
19.1 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
19.2 not take any action against me to recover any such loss, cost or expense.
3. 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 a course of driving lessons at this point in time.
4. Immediately let me know 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.
If you know you may have potentially been in a situation where you or any member of your household may have contracted COVID-19, been tested positive for it, advised to self-isolate (e.g. NHS Test and Trace or equivalent) or shown symptoms (see below) it is vital that you let me know as soon as possible. Please note, I do not need personal details of any individual to whom this may relate.
COVID-19 symptoms include:
19.1 a high temperature (38C or above)
19.2 a new, continuous dry cough
19.3 unexplained loss or change to your (or their) sense of smell or taste
This list is not exhaustive. For the latest information please refer to the Government guidelines or refer to https://www.nhs.uk/conditions/coronavirus-covid-19/check-if-you-have-coronavirus-symptoms/
Without charge to you this will help me to decide whether it will be necessary to postpone any future lessons until it is safe to continue based on the latest Government guidelines. Should I discover you could have given me more notice of this I reserve the right to charge you for any driving lessons postponed.
5. Be prepared to answer truthfully any questions I might ask before any driving lesson about potential COVID-19 exposure or symptoms
I may need to ask you questions about whether you have been in contact with people:
19.1 who might be infected (e.g. advised to self-isolate) or
19.2 who might have recently returned from abroad or
19.3 who you know are definitely infected or
19.4 who are particularly vulnerable to a severe form of the COVID-19 illness (also see 3 above).
I will also need to ask you about whether you or indeed anyone else in your household have experienced symptoms (see 4 above). In this regard I may need to take your temperature using a non-contact thermometer. Please note I do not need personal details of any individual to whom the above may relate.
**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. Should I discover you could have given me more notice of this information I reserve the right to charge you for any driving lessons postponed as a result.
6. Reciprocal information about me and the need for action regarding points 4 to 5 I will inform you if I suspect I or anyone in my household have:
19.1 been exposed to a serious risk of contracting COVID-19 or
19.2 tested positive for COVID-19 or
19.3 exhibited symptoms of COVID-19 infection or
19.4 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, for at least 14 days or indeed longer in the case of a severe infection. In this instance any scheduled lessons would be carried forward until I was in a position to resume training.
7. Wear a face covering or mask during the lesson
The wearing of a face covering or mask is recommended if social distancing is not possible. Therefore, I will require you to wear a face covering or mask during the lesson. Please bring your own face covering or mask, which should be one that you feel comfortable wearing. This must not interfere with your ability to drive safely.
Please notify me at least 48 hours prior to any driving lesson if you do not have a suitable face covering or mask. I may be able to supply a disposable mask or a reusable mask at an additional cost. I reserve the right to postpone the lesson in this situation without charge. However, should insufficient notice be given and you turn up for a lesson without a suitable face covering or mask I also reserve the right to postpone and charge for the lesson.
8. Endeavour to properly wash your hands and face just prior to each lesson
If at all possible, please wash your hands and face thoroughly with soap and water for 20 seconds immediately prior to attending a driving lesson. I will still require you to sanitise/wash your hands, after fitting a face covering or mask and prior to entering the car, using a suitable product that I will supply for this purpose. If you can not do this for medical reasons you may be required to wear suitable gloves instead. I will also make sure my hands are clean or suitably gloved as the case may be. At certain intervals it may be necessary for you to re-apply hand sanitiser or wash as I direct.
9. Avoid having to bring any extra objects to the driving lesson
Please be mindful not to bring any objects with you that may potentially be a carrier for COVID-19, if at all possible. You can bring your phone with you provided it is switched off and can be kept on your person. Anything that cannot be kept on your person will need to be placed in a plastic bag or container provided by me for this purpose and returned to you at the end of the lesson.
10. Avoid paying in cash
If you do bring cash, make sure it is the precise amount that is needed to pay for the lesson or lessons you want to purchase. I will ask you to drop it into a bag or container that I will keep for this purpose. The best way to pay for my service is to pay via online banking direct into my account. Please consult with me for other options.
11. Car ventilation
It is known that COVID-19 transfer is reduced in open spaces therefore I may 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.