T & C’s

Terms of Business

 

The contract is between the instructor franchised by YES! School of Motoring and the client once a YES! instructor has been assigned.

 

1              Interpretation:

1.1          Words imparting the singular include the plural (and vice versa) and words imparting a gender include all genders.

1.2         The instructor franchised with YES! Driving School will be referred to as the “instructor”.

1.3          “YES! Driving School” will be referred to as the “school”

2              Provision of training and training material:

2.1           Your instructor will provide training at the agreed price within the agreed area.

2.2           YES! Driving School will only provide instructors who are fully qualified, approved and licensed by the Driver and Vehicle Standards Agency (DVSA) unless otherwise agreed. Your instructor will adhere to the professional code of conduct and will strive to be tidy and punctual.

2.3           Date, time and pick-up / drop-off point for each session will be agreed in advance by both parties.

2.4           The drop-off point may be different to the pick-up point, but not further apart than 2 miles, unless otherwise agreed.  A ‘distance charge’ may be applied for pick-up or drop-off points beyond the instructor’s main operating area (as indicated on the School’s website), or further apart from each other than 2 miles.

2.5           Unless otherwise agreed (see clause 9), the training will be provided in the School or instructor’s vehicle.

2.6           Any theory test support is for self-study only and must not be used otherwise (e.g. copied, forwarded, shared with or loaned to third parties, broadcasted, etc.). Any lost or damaged training material will be charged at the indicated retail price.

2.7           For students subscribed to Theory Test Pro, the School takes no responsibility if the website is down or the Theory Test Pro account is otherwise not accessible. Theory Test Pro is a third party service to which your instructor may offer free access at his/her own discretion.

2.8           Where installed, in car CCTV may be used to provide free video footage of the lesson (a deposit for a formatted recording device may be required). No video footage of your lessons may be published or broadcast at any time without the consent of the instructor AND the school.

 

3              Prices and payments:

3.1           The prices agreed may be subject to change at any time, in which case the client will be informed before the concerning lesson. The client may cancel lessons charged at the new rate either at the time when being informed about it, or within the normal cancellation period. Block lessons already paid will not be affected by price changes. For validity of pre-paid lessons please refer to section 5.5(c).

3.2           Valid payment must be made on or prior to each payable session.

3.3           For Pay-as-you-go lessons a deposit is required at the value of the following lesson booked.

3.4           Payments are accepted by cash, cheque, online/cards (+3% fee, which is added to the total per payment) or bank transfer. Refunds will be offered by bank transfer or cheque only.

 

4              Client’s obligations:

4.1           The client must hold a current, valid driving licence (provisional, full or foreign licence), which must be produced to the instructor on or before the first lesson. Any changes to the driving licence must be notified.

4.2           The client must be able to read a number plate at a distance of 20.5 metres (67 feet) (with eyewear if normally worn).

4.3           The client must ensure to be in a fit state to drive safely and at no time during training to be under the influence of alcohol or any substance which may affect his/her ability to drive. Any medical conditions (physical or mental, incl tiredness) that may affect the training must be indicated prior to the lesson or as soon as possible.

4.4           The client must behave in an appropriate manner towards other road users and the instructor. Offensive attitudes will not be tolerated.

4.5           If at any time the instructor considers the client to be in an unfit state to drive safely or behaving in an offensive manner, the training session may be suspended and no refund will be made.

 

5              Cancellation or postponement of lessons:

5.1           Lessons may be cancelled, altered (e.g. shortened) or postponed providing at least 48 hours of notice. If the client cancels a lesson with less than 48 hours notice, a cancellation fee of 50% of the lesson price applies. If the client fails to attend an arranged lesson without or less than 6 hours’ notice, the lesson will be fully chargeable and/or no refund will be made.

5.2           Notice given at night, between the hours of 9pm and 8am do not count towards the notice period. E.g. if notice is given at 10pm, the notice period starts at 8am the following morning.

5.3           The School or instructor will avoid cancellations but may cancel the training at any time, in which case an alternative lesson with the same or another instructor, or a refund for the particular lesson will be offered. The School or instructor is not liable for consequential loss.

5.4           If any discount has been applied and the training is cancelled before the agreed number of lessons have been completed, then the client will be charged the normal hourly rate for the lessons already consumed.

5.5           The School or instructor may be entitled to treat the client as resigning from training if the client:

(a) either cancels/postpones/alters two or more lessons in sequence without giving the minimum notice of 48hours;

(b) fails to agree to take a further lesson within one calendar month of the last lesson;

(c) fails to complete a pre-paid block offer within 6 months;

(d) is unfit to drive safely as outlined in clauses 4.2, 4.3 and 4.4 on more than two occasions.

5.6           If a client resigns from training any refund for prepaid lessons not consumed (if discounted refer to 5.4) must be claimed within 2 weeks from resignation and a £10.00 administration fee applies.

5.7           In case of unsuitable or dangerous weather or road conditions only the School or instructor may postpone lessons. An alternative time and date will be offered and the School or instructor will have no further liability.

 

6              The School vehicle:

6.1           All School vehicles are fitted with dual controls and will be well maintained, reasonably clean and tidy.

6.2           The School or instructor will not be liable for any failure of a School vehicle during a lesson or the practical driving test unless it is a direct result of negligence on the part of the School or the instructor.

 

7              Practical driving test:

7.1           The instructor will inform the client when the client is ready to take the practical driving test. This does not guarantee a test pass and without prejudice to clause 6.2 is the School or instructor liable if the client fails the test.

7.2           If the tuition vehicle becomes unavailable for a driving test for reasons outside the School’s control (e.g. break down) and an alternative vehicle is not suitable, the School will have no liability beyond a refund of the test vehicle fee.

7.3           The instructor may withhold the School vehicle if the client’s driving is actually, or potentially, dangerous and therefore not to test standard. The test vehicle fee is non-refundable, but a driving lesson will be offered instead.

7.4           The School will not be liable if a test is cancelled by the test centre because of circumstances other than those within the instructor’s responsibility. The instructor is not responsible for required documentation which must be provided by the student (e.g. complete and valid driving licence), sufficient eyesight or fitness to drive.

 

8              Pass Plus:

8.1           Pass Plus courses are being offered under the guidelines of the DVSA.

8.2           All modules must be completed, preferably within practical lessons. Modules which cannot be completed practically (e.g. due to unsuitable location, daytime, or weather) will be covered in theory as far as permissible.

8.3           Whether each of the competencies have been achieved or exceeded will be evaluated and marked by the instructor on the report form. It is unlikely but possible that a competency might not be achieved to the standard required, in which case additional training can be booked to reach a positive level. Purchase of the course alone does not guarantee the achievement of all competencies, e.g. it is not possible to “buy” the course without achieving the required standard. At least 70% of all modules must be completed within practical driving lessons.

 

9              The client’s own vehicle:

9.1           If a client prefers to have training in a self-sourced vehicle, then the client is responsible for adequate insurance, covering driving tuition by a professional YES! Driving Instructor.

9.2           The vehicle supplied by the client must be roadworthy, insured and taxed. If the client fails to produce valid Insurance documentation, or if, in the instructor’s opinion, the client’s vehicle is not roadworthy, the lesson will be offered in a School vehicle. No refund will be made in cases where the client’s vehicle doesn’t fulfil a/m conditions or breaks down during lessons.

9.3           A removable instructor mirror will be fitted to the private vehicle for the duration of the lesson and if being used by a provisional license holder, the client’s vehicle must display L-plates (which may be provided by the instructor).

 

10            Limitation of Liability:

10.1         Nothing in these terms and conditions will limit the instructor’s liability in any claim for death or personal injury caused by the instructor’s negligence.

10.2         Under no circumstances is the instructor liable for any damage to or loss of property the client brings with him/her or leaves behind in the tuition vehicle.

10.3         The aggregate liability of the instructor for direct loss of the client’s equipment necessary for the lesson & resulting from the instructor’s default will be limited to £100.00.

10.4         Neither the School nor the instructor will be liable for consequences of any event, which is outside of the School’s or instructor’s reasonable control or expectation.

 

11            General:

11.1         The School and instructor will comply with the Data Protection Act 1998 at all times and will not pass the client’s details to any third party without the client’s consent (unless required to do so by law). The client consents to their details be passed onto the School’s or instructor’s insurers in the event of an actual or potential claim and to allow the School or Instructor to arrange motor vehicle insurance cover. The client also consents to their details to be passed onto any instructor not franchised with YES!, who the school deems a suitable alternative in case no franchised instructor is available.

11.2         Each right or remedy of the School under these Terms and Conditions is without prejudice to any other right or remedy of the School, whether under these terms and conditions or not.

11.3         These Terms and Conditions will be governed and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English and Welsh courts.

 

12            Complaints procedure:

12.1         Any client complaints should be directed to the instructor directly.

12.2         This contract is between the client and the instructor who is being franchised by the School. Therefore the School can only act as a mediator. Emails will be acknowledged within 7 days, letters within 14 days. If necessary, complaints will then be fully investigated and resolution proposals will be given within 28 days.

12.2         Should the client be unhappy with the outcome of the investigation and the handling of the complaint, then the client may seek advice from the ADI Registrar at The Driving Standards Agency, Stanley House, 56, Talbot Street, Nottingham

NG1 5GU.

 

 

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