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TERMS AND CONDITIONS
1. Interpretation and application In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means Simply Driving and “You” or “Your” means you the customer. You must read these Conditions in full as they set out the complete terms upon which We have agreed to provide, and You have agreed to obtain, driving tuition from Us. In particular, You should read and accustom yourself with the following sections: Your responsibilities (clause 4.1) and Lesson Cancellation Policy (clause 5), which will apply to You. We and Your Instructor reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions.
2. Driver Training with Simply Driving We offer two types of driving tuition: (1) On the Road Learner/Post test/Refresher Lessons (clause 4) - training with a Simply Driving Instructor (“Your Instructor”); (2) Driving Instructor Training (on and off road) – training with a Simply Driving Instructor trainer.
3. About Your Instructor Your Instructor is one of Our self-employed franchisees whose relationship with Us is governed by a franchise agreement. No contractual liability shall arise or subsist between You and Us. However, We will endeavour to assist You with Your requirements. All of Our Instructors are licensed to carry on business as driving instructors and have obtained such licenses from the Department of Transport.
4. On The Road Tuition On the Road tuition is only available to persons who meet the following criteria: (1) Aged 17 and over (16 and over if disabled); and (2) Who hold a valid UK provisional driving licence (“Licence”); and are currently legally entitled to drive in the UK; or (3) Those who are legally entitled to drive in the UK and can show their Original documents as proof.
4.1 Your responsibilities (1) If You take On the Road tuition, it is Your responsibility to ensure that You have the appropriate Licence and the Licence must be presented to Your Instructor prior to the commencement of Your tuition. (2) Your Instructor reserves the right to refuse to provide You with tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence prior to Your first lesson. (3) Your On the Road tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, time, pick-up location and duration of Your lessons. (4) You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly with regard to matters affecting Your health and safety.
4.2 Your Instructor’s responsibilities Your instructor will: (1) Provide You with driving tuition at the hourly rate communicated to You from time to time; (2) Recommend what are, in their opinion, the most appropriate training methods and aids to help You study for Your theory and hazard perception and practical test; (3) Provide You with on-road lessons which will last two hours or such other duration as You and Your Instructor will agree in advance; (4) Provide a presentable, modern, properly maintained and dual controlled car for each lesson; (5) Recommend, where appropriate, advanced courses to help You develop Your skills for: motorway driving, driving in extreme weather conditions and the Pass Plus; (6) Give You relevant feedback during Your lesson and record Your development in Your Simply Driving driving record at the end of each lesson; (7) Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to book Your mock practical test and once it has been agreed between you both, apply for Your practical driving test and where required, they will advise whether it should be subsequently rescheduled; (8) Provide training on a one-to-one basis with no other learner in the car; (9) Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end; (10) At all times conduct themselves in a professional manner including: i. being courteous and considerate to You ii. avoiding physical contact except in an emergency iii. not smoking during Your lessons iv. restricting mobile phone use to emergencies or for Your benefit; (11) Reserve the right to cancel a lesson or finish a lesson early on grounds of road safety; (12) Not discriminate against You and will always abide by the law; (13)Endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any circumstances beyond their control; (14) Endeavour to give You two days notice should a lesson need to be rescheduled; (15) Respond professionally to any worries or issues that You may have and try to resolve them to Your satisfaction. If appropriate, they will give You the name of the Simply Driving manager to so You can refer the matter to them. If Your Instructor is for whatever reason unable to comply with their obligations to You, both We and Your Instructor reserve the right to arrange for an alternative Simply Driving Instructor to provide You with some or all of Your Driving tuition. We will use Our best endeavours to notify You of the alternative instructor who will provide You with Your tuition. If We or Your Instructor are unable to arrange for an alternative Instructor to provide Your driving tuition, or in the event of a mechanical breakdown of the vehicle in which You have been learning to drive, or for any other reason, the Instructor reserves the right to rearrange Your lessons for a time convenient to both You and the Instructor.
5 Lesson Cancellation Policy 5.1 You must give Us or Your Instructor at least two days (48 hours) notice (the “Minimum Notice”) if You wish to cancel or rearrange a driving lesson, otherwise You will be liable to pay for 100% of the lesson fee. 5.2 Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice to cancel or rearrange the lesson, it will be counted as lesson taken for the purposes of the lesson cancellation policy and You will be liable for the lesson fee. 5.3 You will not be able to sell or transfer any driving lessons which You have pre-paid for to any third party, without obtaining Our prior written consent.
6 Insurance Your Instructor will carry the appropriate motor insurance, should You be involved in a collision as a learner driver whilst in control of driving the Instructor’s tuition vehicle.
7 Price Changes We reserve the right to change the price of any/all of Our products including lesson tuition fees at any time.
8 Non-Block Booked Tuition The price of lessons that have not been pre-paid as part of a block booking (“Block Booking”) may be changed at any time. You will receive prior notice of any price increases.
9 Block Booked Tuition The cost of Block Booked tuition is based on the lesson price in force at the time that the booking is made and will be honoured for a period of 6 months from the date of the booking. If You fail to use a minimum of 50% of Your Block Booked tuition within the first 6 months of the booking date, We reserve the right to increase the price of any unused tuition time.
10 Special Offers We also reserve the right to introduce (and to withdraw) special offers from time to time in respect of driving lessons together with any other products that We may decide. Such offers will not affect the price of Block Bookings unless it is expressly stated within the offer. These terms and conditions shall apply to the special offers, in each to the particular terms of the offer, which shall be published on the Website www.simplydriving.co.uk.
11 Payment You must pay for Your product(s), good(s) or lesson(s) in advance using the following methods: (1) payment via credit or debit card by telephoning Our office on 0845 475 2414/020 7791 2444 (2) payment via credit or debit card online at www.simplydriving.co.uk (3) payment via cash directly to Your Simply Driving Instructor.
12 Acknowledgement 12.1 Where You make any payments directly to Your Instructor or any of Our Instructors and the Instructor fails to pass on such payments to Us, We, will not be liable for any shortfalls in such payments or any missing payments or any other failure on the part of the Instructors to forward such payments on to Us and You acknowledge that You will at all times be liable for any payments that remain outstanding to Us. 12.2 Further, You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation to all payments You make to Your Instructor or any of Our Instructors. Where We are able to, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same. 12.3 We accept no responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected, tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.
13 Refund Policy (1) You are entitled to cancel Your driving tuition up to 7 days following the date of commitment (“Booking Date”) or otherwise in accordance with the Distance Selling Regulations 2000 (the “Regulations”). If You have not taken any lesson(s) within the first 7 days of the Booking Date You will be entitled to a full refund of any amounts paid, subject to deduction of the Refund Charge (clause 13(4)). (2) If You have taken lesson(s) within the first 7 days, and You wish to cancel You will not be eligible for a refund on any lessons taken. (3) No refund is payable where a period of 12 months has elapsed since Your last lesson. (4) If You are entitled to any refund, You will be required to pay an administration charge of £10 to process the refund (the “Refund Charge”). The Refund Charge will be deducted from each refund that is paid back to You. (5) Where it is possible to do so, where We agree to refund You any amounts in refund, We will do so using the same method You used when You made the payment. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund You by any other method We deem appropriate. (6) We may request additional information from You to confirm Your identity in order to comply with the Money Laundering Regulations 2007; We will also use this information to ensure adherence to Our Merchant Operating Instructions for card collection facilities. (7) Refunds may take up to 28 working days to reach You or Your account.
14 Test Fees (1) The Driving Standards Agency (DSA) determines the Theory and Practical test fees. (2) If You would like Us to book Your test on Your behalf We will endeavour to do so however on some occasions we may, for any reason, have to request that You book the test Yourself. (3) If You wish to cancel or rearrange a test that We have booked with the DSA on Your behalf, We will follow the DSA cancellation procedure as set out on the DSA website at http://www.dft.gov.uk/dsa (4) Currently the DSA cancellation procedure states that You can cancel or rearrange Your test providing You give at least three clear working days’ notice. If You require Us to arrange a cancellation or rearrange any driving or theory test on Your behalf, We will require a minimum of 5 working days notice in order to do so. If You fail to provide us with a minimum of 5 days notice You may remain liable for all or some of the test fee and any late cancellation fees. In any event we accept no liability to You for any payments or expenses that You may incur in relation to Your driving and/or theory tests. (5) Other Provisions: By taking bookings, providing certain information and documentation, and in processing payments, We act on behalf of Your Instructor. No contractual liability arises between You and Us or under the agreement between You and Your Instructor.
15 Limitation of Liability 15.1 Neither We, nor Your Instructor have and shall have any liability to You in relation to any injury, loss or damage arising from the use of the tuition vehicle or from the facts or omissions of Your Instructor or any other one of Our Instructors. 15.2 We will not in any event be liable for any losses relating to any business interests that You may have including but not limited to loss of profits, business, loss of opportunity or any business interruptions or delays that You may incur. This does not apply to any claim You may have for personal injury or death and nothing in these Conditions will affect Your statutory rights. 15.3 We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third party industrial disputes, internal industrial disputes where We have taken the reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe weather conditions We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary. 15.4 Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than 30 days’ notice in writing to Our email address customerservices@simplydriving.co.uk 15.5 Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect. 15.6 Informing You about Products and Services :If You have indicated in Your agreement, We may contact You by mail, telephone, e-mail or SMS/MMS to inform You of any goods, services or promotions that may be of interest to You. If You decide You do not wish to receive such information, please inform Us, but be aware that this will prevent You from receiving Our special offers and/or promotions.
16 Data Protection Notice 16.1 For the purposes of the Data Protection Act 1998, the data controller in relation to the information You supply is Simply Driving. 16.2 We may use the information You provide for administration, marketing, customer services and profiling Your purchasing preferences. We may also disclose Your information to Our service providers and agents for these purposes. If You do not want Us to contact any third parties with this information, You must notify Us of Your objection within 24 hours of accepting these Conditions. When You give Us information about another person, You confirm that they have authorised You to act for them, to consent to the processing and use of their personal data in the manner described in this notice and to receive on their behalf any data protection notice. 16.3 You have the right to ask for a copy of Your information (for which We will charge a reasonable fee to cover Our administration costs) and to correct any inaccuracies contained therein.
17 Complaints Procedure 17.1 If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact the complaints manager at complaints@simplydriving.co.uk 17.2 Where the complaints manager is unable to resolve Your complaint or where the complaints manager fails to resolve the matter to Your satisfaction, You will be entitled to escalate the matter to Our Manager by calling 020 7791 2444 and asking for the Manager. 17.3 The complaints manager will use reasonable endeavours to respond to your email within 10 working days. 17.4 We may record telephone calls for staff training and evidential purposes. |