Terms and Conditions

Terms and conditions
Terms and conditions for intensive driving courses

ADTS.UK TERMS AND CONDITIONS BACKGROUND:

These Terms and Conditions are the standard terms which apply:

A. to the provision of driving tuition by ADTS.UK of 3 Lears Lane, Chudleigh Devon TQ13 0LP to pupils that require such tuition; and

B. where the Pupil is a “Consumer” as defined by the Consumer Rights Act 2015.

Terms and conditions for Definitions and Interpretation

  1. Terms and conditions for Definitions and Interpretation
  2. 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “Business” means any business, trade, craft, or profession carried on by You or any other person/organisation; “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;
  3. “DVSA” means the Driving & Vehicle Standards Agency; “Instructor/I/Me/My” means Alan White whose place of business and contact address is the same address as above;
  4. “Price List” means Instructor’s standard price list for driving tuition. The list is available on request
  5. ; “Pupil/You/Your” means the individual recipient of driving instruction; and “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:
  6. 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;
  7. 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;
  8. 1.4 Words signifying the singular number shall include the plural and vice versa;
  9. 1.5 References to any gender shall include the other gender;
  10. 2. Driving Instructor
  11. 2.1 ADTS.UK is a driving school;
  12. 2.2 ADTS.UK instructors are registered with the DVSA as Approved Driving Instructor (ADI).
  13. ADI registrations are kept up to date.
  14. I shall display My current DVSA ADI registration certificate in any vehicle that I use for a lesson.
  15. I will ensure that that ADI certificate is kept up to date at all times.
  16. 3. Driving Lessons – Booking, cancellation, delays
  17. 3.1 A lesson will only be available if You have a pre-booked appointment for it. You should book a lesson with Me by email, telephone or in person. 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;
  18. 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);
  19. 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;
  20. 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 lesson slots for You;
  21. 3.5 If You know You are going to be late for a lesson, You should contact Me to tell Me. If You are later than 15 minutes after the scheduled start time for your lesson,
  22. 3.6 we will treat that lesson as cancelled without notice.
    Charge for a cancelled lesson will be made.
  23. 3.7 below will apply;
  24. 3.6 You may cancel a lesson without charge if You give Me at least 48 hours prior notice of the cancellation and if You do so I will refund to You any sum You paid Me in advance;
  25. 3.7 If You do not give Me at least 48 hours prior notice of cancellation of a lesson.
  26. I will 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 deduct that charge from any sum You paid Me in advance, and I shall refund the balance to You;
  27. 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 48 hours prior notice,
  28. 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;
  29. 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 48 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 Notwithstanding sub-Clause
  30. 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:
  31. 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
  32. 3.10.2 If I believe you are not fit to drive for any reason, including, alcohol, drugs (whether prescribed or otherwise), or any other medical condition.
  33. I will cancel and charge You for that lesson.
  34. I shall act in a reasonable manner;
  35. 3.11 I will use all reasonable endeavours to start a lesson at the booked time.
  36. If a delay to the start is at least 60 minutes, I will notify You that there will be a delay of at least that time
  37. 3.12, 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.
  38. If You cancel any lesson(s) as allowed by this Sub-clause
  39. 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.
  40. 4. Lessons – Location, length
  41. 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, travel time will form part of the lesson time;
  42. 4.2 The minimum length of a lesson will be 2 hours.
  43. This may be increased by 1 hour increments if agreed by both parties.
  44. A maximum length of 6 hours within any one day and subject to availability.
  45. Fees and Payment
  46. 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 https://adts.uk/intensive-driving-course-options/ ;
  48. 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 in
    crease 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;
  49. 5.3 You shall make payment to Me of My fees in advance by bank transfer or cash. You may request a receipt for all sums that I receive from You.
  50. 6. My Obligations I shall, at all times:
  51. 5.1 use My reasonable endeavours to provide driving instruction at the agreed lesson times;
  52. 5.2 use reasonable endeavours to train You to a safe standard, but I shall not be responsible for any errors made by You;
  53. 5.3 be professional and courteous towards You and other road users; 5.4 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
  54. 5.5 act in accordance with the law.
  55. 7. Your Obligations
  56. 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;
  57. 7.2 You must hold a valid UK driving licence (either provisional or full);
  58. 7.3 You must always have both parts of Your driving licence (photo card and paper counterpart) with You during lessons;
  59. 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;
  60. 7.5 You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;
  61. 7.6 You must always wear any relevant prescribed glasses or contact lenses;
  62. 7.7 You must inform Me of any medical conditions or prescribed medication which may affect Your driving ability; and
  63. 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 and Insurance
  64. 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;
  65. 9. Driving Tests
  66. 9.1 I shall discuss driving tests with You and inform You when I feel that You are ready to take a test;
  67. 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;
  68. 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;]
  69. 9.4 You must inform Me of all details of Your test including, but not limited to, its date and location to ensure availability of your training vehicle prior to the start of your course.
  70. 9.5 When You attend a test, You must take all required documentation with You.
  71. If the test is cancelled, the test fee will be lost.
  72. 9.6 Unless I feel that My vehicle is unsuitable for a Pupil to use for their practical test or Clause 9.9 applies, I generally permit Pupils to use My vehicle for their test, but whether I permit You to do so for Your test will be at my discretion;
  73. 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;
  74. 9.8 If a test is cancelled by the DVSA.
  75. 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.
  76. I may not let you use my vehicle for the test. I will not be responsible for any loss of fees
  77. 10. Cancellation and Termination
  78. 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;
  79. 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
  80. 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.
  81. 11. Liability
  82. 11.1 I will be responsible for any foreseeable loss or damage that You may suffer as a result of My breach of these Terms and Conditions or as a result of My negligence. I will not be responsible for any loss or damage that is not foreseeable;
  83. 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;
  84. 11.3 Nothing in these Terms and Conditions is intended too,
  85. or will exclude or limit My liability, for death or personal injury caused by My negligence or for fraud or fraudulent misrepresentation;
  86. 11.4 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015,
  87. or a consumer for the purposes of any other consumer protection legislation,
  88. nothing in these Terms and Conditions is intended to exclude, limit, prejudice, or affect any of Our obligations to You,
  89. 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.
  90. 12. Changes to Terms and Conditions 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.
  91. How We Use Your Personal Information (Data Protection).
  92. All personal information that We may use will be collected, processed, and held in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
  93. and Your rights under the GDPR.
  94. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to.
  95. the purposes for which personal data is used,
  96. 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 Our administration department at admin@adts.uk. 14 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.
  97. 15. Information As required by the Regulations:
  98. 15.1 all of the information described in Clause 14; and
  99. 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;
    will be part of the terms of My contract with You as a Consumer.
  100. 16. Complaints 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 My tuition or other services or any other complaint about Me, please raise the matter with Me in person or by email.
  101. 17.No Waiver 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.
  102. 18. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing above takes away or reduces your rights as a consumer to rely on those provisions.
  103. 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.

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