Terms and Conditions

Without prejudice to any of the other conditions hereof in the event of the school's vehicles used at the time by the trainee during the programme suffering mechanical breakdowns or defects the school will provide a substitute vehicle and additional training to the extent of time lost by the trainee (but not further or otherwise) and in the event of a driving test not proceeding in whole or in part as a result of the defects in a school vehicle a further driving test will be booked by the school at no charge to the trainee but the school will be under no further liability respect thereof.

The School reserves the right without notice

[I] To cancel all or any remaining part of the trainee's programme and where applicable his driving test, should the trainee insist, demand or otherwise show an intention to take his driving test at such stage as is earlier than the time at which in the opinion of the school is appropriate having regard to the suitability of the trainee to take such driving test and the trainee hereby accepts as a fundamental term of this contract that he shall be bound by the opinion of the school as to the appropriateness or suitability of his taking a driving test and the trainee accepts the right of summary termination of this contract on the part of the school under this sub-clause as fair and reasonable. In the event of such summary termination by the school any balance of prepaid fees from the trainee to the school in respect of the unexpired portion of the programme and any prepaid driving test fee shall be repaid to the trainee in full.

[ii] To waive one or more of the Conditions hereof without prejudice to the other conditions hereof

[iii] In the event of the trainee in the opinion of the school experiencing training difficulties to continue the remaining part of the programme on a class of vehicle which the school consider most appropriate to the capabilities of the trainee.

[iv] To alter the precise detail of the Programme (including dates and times of appointments, lessons and courses of instruction and test appointments) as in the School's absolute discretion it shall think fit and upon terms that any such alterations shall be treated as part of the Programme stipulated at the date hereof Provided Always the School shall, where at all possible, use best endeavours to give prior notice thereof (whether written or oral) in all circumstances other than in an emergency And Provided Further that in all cases notification of any such alteration shall be provided by the School to the Trainee as soon as possible after the event (if not notified previously) The Trainee accepts that Programme details may from time to time have to be altered by reason of changes in the instruction method used by the School and other reasons within the discretion of the School and the Trainee hereby accepts this condition as reasonable.

For the purpose of this Clause 3 the expression the 'Trainee' extends to include not only the signatory to this Contract but also any third party on whose behalf the signatory is entering into as agent for such third party and the signatory hereto hereby declares that he or she is the duly authorised agent of the named third party intended to take the benefit from and to be bound by the Programme and the Conditions of Trading hereof and the same shall be binding (as applicable) jointly and severally on both the signatory and said third party as if that third party were the signatory hereto And the signatory hereby confirms that these Conditions of Trading and details of the Programme (including any variations thereof) have been or will be made known to such person prior to the commencement of or during the Programme (as the case may be).

The estimated costs of the programme are given and assessed on the basis of provision by the school to the trainee of joint training together with other trainees. In the event of the provision of individual training the school reserves the right to increase the cost of the training and of the programme is exclusive of Department of Transport test fees which must be borne by the trainee.

Failure of the trainee to submit the correctly completed applications and appropriate fees to the Department of Transport in good time may result in the loss of a driving test appointment. The school will not be obliged to transfer the use of the vehicle for a driving test to a new appointment or be liable for any consequential loss in such event.

In the event of the trainee failing to attend for the whole or part of the programme the School reserves the right to charge for such non-attendance at current rates.

The Programme and required hours of attendance
[I] A copy of the Programme will at all times be available for inspection by the Trainee either on public display within the School premises or in a place from time to time notified by the School

[ii] The onus will be upon the Trainee daily or as necessary to inspect his Programme and in particular the required timetable of attendance which will be similarly displayed to or available for inspection by the Trainee.

[iii] Unless the School shall have been notified in writing of any specific unavailability at the time of booking, the Trainee shall be available for attendance during the Programme course between the hours of 6am and 8.30pm (within which daily period of hours the displayed or notified timetable will indicate the actual required hours of attendance on any particular day during the Programme course).

Provided Always that in respect of any trainee taking instructions from "away" instructors (meaning instructors who work from home and not from the school premises or the Wembley Driving Centre or such other venue under the control of the School) then and in such circumstances the School will not have any responsibility for displaying the timetables and required daily hours of attendance at the school premises and shall be a matter dealt with by direct arrangement as between the trainee and the "away" instructor.

Events entitling cancellation of the Contract on the part of the School.

[i] Malfeasance discovered on the part of the Trainee in connection with his duties and obligations as Trainee and/or in conjunction with any third parties attending the School or any unlawful activities in or around the School or Property.

[ii] Occurrence or discovery of physical disability likely to prejudice due and lawful care and control of vehicles on the public highway.

[iii] Occurrence or discovery of impaired eyesight.

[iv] Occurrence or discovery of a criminal conviction prejudicial to the School or to the due and lawful conduct of the Programme course or the control of vehicles on the public highway.

[v] Occurrence or discovery of any act matter or thing affecting the trainee likely to prejudice or increase the premiums for or render voidable the School's insurance whether in respect of public liability or the Trainee's safety when under instruction or in control of a vehicle or in respect of the School premises, vehicles or property.

[vi] Occurrence or discovery of a physical impediment prejudicial or potentially prejudicial to due and lawful care and control of vehicles on the public highway whether of a continuous or discontinuous nature (for example, but not by way of limitation, epilepsy).

[vii] Riotous or reckless behaviour likely to prejudice the convenience or safety of other people at the School or on the public highway.

[viii] Uncontrolled or uncontrollable behaviour on the part of the Trainee likely to prejudice the convenience or safety of other people at the School or on the public highway or which might render void any insurance of the School or which might in law render the School liable in any respect whatsoever for permitting the Trainee to have care and control of a vehicle on the public highway, by way of example (but not by way of limitation) drunkenness and behaviour affected or conditioned by drugs or medicines.

[ix] Extended unnotified absence on the part of the Trainee to observe hours of attendance as requested by the Programme, as an alternative (at the sole and exclusive option of the School) to the power on the part of the School to charge for non-attendance contained in clause 6 of these Conditions of Trading.

[ix] Breach by the Trainee of any fundamental term of the Contract or these Conditions of Trading (the expression 'fundamental' to be at the sole discretion of the School but to be regarded as a serious breach rendering the School incapable of properly or sufficiently completing the Contract whether pursuant to law or from a demonstrated practical point of view.

[xi] Occurrence or discovery of theft by or at the initiation of the Trainee
Any cancellation of this contract by the school by the virtue of one or more of the foregoing entitlements shall result in forfeit of any deposit fees or other pre-payment made by the trainee.

In the event of any cancellation of this Contract by the Trainee (for whatever reason) prior to actual commencement of the Programme.

[i] Any fee (meaning pre-payments, part-payments or invoices) shall be credited or refunded as applicable for trainee by the School less the percentage amount stated in the Percentage Refund Formula contained in this clause or a minimum fee of £200+VAT (the sum of an initial deposit) whichever is the greater to compensate the school for time cost and administration incurred in formulating the programme and reserving the programme for the trainee.

[ii] In order to be effective any notice of cancellation on the part of the trainee cancelling this contract prior to the commencement of the programme must be in writing and delivered to the head office of the school (being the address contained in the contract) and the date of actual receipt of the said notice by the school shall determine the date of the notice of cancellation, for the purpose of the formula contained in this clause. The expression "days" in this clause and in the percentage refund formula shall mean clear working days excluding Saturday, Sunday and Bank Holidays.

[iii] The percentage refund formula
Cancellation - numbers of percentage deducted from
Prior days notice cancellation refund
A 26 days or more 15%
B 25 days to 21 days 25%
C 20 days to 16 days 50%
D 15 days to 11 days 75%
E 10 days to 0 days 100% - no refund
In the event of the Trainee cancelling the contract less than 10 clear working days prior to the commencement of the programme or after commencement of the programme the trainee will not be entitled to refund of less paid.

[iv] The cancellation terms referred to herein apply in the event of all bookings (including telephone bookings) whether on short notice or otherwise and for the purpose of this provision the expression 'bookings' means:
A - as to non-telephone bookings written acceptance by or on behalf of a Trainee or a particular Programme against pre-payment of the requisite fee (or part thereof)
B - As to telephone bookings confirmation recorded by the School in its records of a telephone booking from a Trainee for a particular Programme following pre-payment of a deposit or an initial payment on account of the Programme course fee. Such contemporaneous evidence as is recorded by the School at time of telephone booking shall constitute full and sufficient evidence for the purpose of the Contract.

[v] In any circumstance where the Trainee produces to the School a medical certificate signed by a registered medical practitioner showing that the Trainee is incapacitated by sickness or injury to an extent whereby he will be unable to commence or to complete the Programme or part of the Programme (or otherwise would unavoidably through no fault of his own be in breach of a fundamental term of the Contract) then the School may at its absolute discretion provide alternative training in substitution for such part of the Programme as commences not less than six working days after receipt by the School of the said certificate. If the Trainee then fails for any reason to attend such alternative training the School will be under no further obligation and no refund of fees will become due and payable.

[vi] In the event of the Trainee being prevented to attend any part of the programme for reasons other than those contained or referred to in this Clause generally or in the event of the school being prevented from providing the whole or any part of the programme to the trainee for reasons other than the default of the school then the school will not be under any obligation to provide any substitute training for the part of the programme missed or to make any refund. Without prejudice to the generality of this clause and not by way of limitation the following shall be regarded as reasons other than those the default of the school. Namely;

A - Failure of the Department of Transport to provide an examiner for any reason.
B - Prevention of or delay in attendance by an examiner due to double booking, weather conditions (including fog, ice snow) adverse lighting conditions, traffic congestion (including parked vehicles) postal strikes (including interruptions or delays in the postal service.
C - absence of attendance by an examiner or the inability of the school to conduct business through general strikes, lockouts, industrial actions or trade disputes or any consequential result thereof.

All prices are subject to Value Added Tax at the rate applicable at the date hereof or at the presentation of any further invoice by the School to the Trainee whichever shall be the later.

The contents of the programme will not necessary follow the order or times stated in the programme but details will at all times be the subjects of display pursuant to provisions of clause 7 of these Conditions of Trading

The School will maintain motor insurance for the Trainee provided that the Trainee strictly observes these Conditions of Trading and adheres to the Programme.

The School shall not be liable for consequential loss howsoever arising to the Trainee from the Programme save in respect of death or bodily harm arising directly as a result of proven negligence on the part of the School.

The School shall not be under any obligation to the Trainee until this Contract and the endorsed or annexed Conditions of Trading signed by or on behalf of the Trainee, has been returned to the School together with full payment of the appropriate fee.

Payment of the appropriate fee by cheque shall not be treated by the school as payment until the cheque has been cleared and treated in the school's Bank account as cleared funds.

RIGHTS AND RESPONSIBILITIES OF THE TRAINEE

The trainee warrants to the school
(1)That his eyesight meets the standard required by law for the driving of road vehicles and undertakes with the school to notify the school of any deterioration of the same and to disclose any impediment or illness which may at any time make it unsuitable or dangerous for the trainee to drive or be under the control of any road vehicle.
(2)That he is in good health free from any physical disability (whether continuous or discontinuous as previously exampled).
(3)That he has a current and valid driving licence authorising him to drive any road vehicle the subject of the programme
(4)That he does not have any criminal conviction or other legal impediment preventing him from being in control of a motor vehicle on the public highway and that there is no prosecution or other action pending this respect
(5)That he is of proper legal age to drive the particular vehicle intended for him as part of the programme course

The Trainee undertakes with the School at all time to have in force a current and valid driving licence and to have such driving licence in his possession at all times whilst attending for all training and driving tests.

The Trainee shall report to the instructor or examiner (as the case may be) any default or defect or lack of roadworthiness of which he becomes aware in a School vehicle as soon as he comes so aware. No refunds or substitute appointments shall be made to or for the Trainee in the event of breach of this clause.

The Trainee shall be available between the hours of 6.00am and 8.30pm during he Programme course for training in respect of the hours required by the Programme unless the School shall have been notified of any such unavailability at the time of booking and the onus shall be upon the Trainee to acquaint himself with the required hours of attendance displayed or made available by the School as aforesaid pursuant to Clause 7 of these Conditions.

At the conclusion of each attendance the Trainee is responsible for ascertaining the time of the next appointment on the timetable board or in such other manner as information is displayed pursuant to clause 7 of these conditions. No refunds or substitute appointments shall be made to or for the trainee in the event of breach of these conditions.

The Trainee undertakes at all time to be punctual, hard working and diligent.

The Trainee undertakes not to consume any alcohol at any time during his attendance of the Programme course and in particular not to arrive at the School for instruction under the influence of alcohol. The School reserves the right at its absolute option not to permit continuance of instruction during a Programme course in any circumstances where in its reasonable opinion the School believes that there has been a breach of this condition. No refunds or substitute appointments shall be made to or for the Trainee in the event of breach of this Condition.

It is the responsibility of the trainee to use exclusively the vehicle from time to time provided by the school for use in respect of the programme course in and at the times prescribed by and pursuant to the requirements of the programme and these conditions of trading. Due and proper observance by the trainee of these conditions and in particular this clause 23 shall entitle the trainee to the free facilities specified in the programme. The free facilities shall not be available to the trainee unless.
(1)And until the Programme course is completed by the trainee
(2)The programme course is completed successfully by the trainee
(3)That the trainee during the programme course has used the school vehicles provided by or at the direction of the school
(4)The trainee (if considered necessary by the school) has completed a lesson (for which the Trainee is to pay the cost at the normal rates) with and conducted by the school within fourteen days before the required test appointment in circumstanceswhere there has been a lapse of at least eight weeks following completion by the trainee of a course of training with theschool to enable the school to assess (or to re-assess as the case may be) the trainee's suitability to sit the test under suchcircumstances.The schools decision as to the accomplishment by the trainee of the foregoing as conditions precedent entitling the trainee to any of the free facilities specified in the programme shall be absolute.

Any free facilities to which the trainee becomes entitled as aforesaid must be taken up by the trainee within six weeks of completing the last part of the programme course and if not taken up within that period then any entitlements on the part of the trainee to such free facilities shall thereupon lapse and be withdrawn.

Following completion of the programme course
(1) Within two calendar months thereafter the trainee shall have opportunity of requesting (free of charge) copies of any documentation relating to the programme But this facility shall not apply to any non-completed Programme course for whatever reason.
(2) After the expiry of two calendar months thereafter the provision by the school to the trainee of any such documentation will then be supplied upon request of the Trainee but only at a cost of not less than £50 (plus VAT) payable in advance.

Any deposits or part payments made by the Trainee on account of a Programme course shall not be refundable the trainee fails to take up or complete the Programme. Any unused deposits or unused fee payments (or parts thereof) and not failing within the refund of provisions of Clause 9 hereof (exept where specific provision is made) shall not be transferable refundable or available for substitute appointments or facilities provided always but at the entire discretion of the school.
(1)Upon written request (accompanied by such proper documentary evidence as shall be necessary) from the trainee made within one calendar month of the date of payment, the school will permit the deposit or part fee payment to be transferred to the credit of another person accepted as a Trainee at the school subject to the condition that a new contract has been entered into by that other person with the school confirming details of the new programme course and provided further that the new programme course governed by the newcontract is taken up and fulfilled by the other person before the expiry of the period of six calendar months calculated from the date ofpayment by the trainee of the said deposit or part the payment.
(2) Upon written request (accompanied by such proper documentary evidence as shall be necessary) from the trainee made within one calendar month of date of payment the school will give credit to the trainee of such deposit or part fee payment against the cost of any
new Contract with the school entered into by the Trainee within the period of six calendar months calculated from the date of payment. Of such deposits or part fee payment and provided further that the new programme course governed by the new contract is taken up
and fulfilled by the trainee before the expiry of the period of six calendar months calculated from the said date of payment by the trainee.
Time in all cases to be of the essence in respect of the time periods specified in paragraphs (1) & (2) above

DISCLAIMERS

The School shall not be responsible or be liable to give recompense for any damage to or loss of personal property belonging to the Trainee left at the School premises or within the School vehicles.

The School shall not be held responsible for any accident, incident, misdemeanour caused or perpetrated (as the case may be) by the Trainee during training or when driving in any vehicle (whether or not belonging to the School) and whether before or after a particular training class.

The School shall not be held responsible for any delay in the completion of the Programme or the Programme course beyond any time period stipulated in the Contract. And whilst the School shall use its best endeavours to provide forewarning of any likely delays or any necessary extension to the time period stipulated by the Contract, the School shall have no obligation to provide any such forewarning or prior notification And the School shall not be liable for any consequential expenses penalties or any other financial outlay in which the Trainee may become liable in such circumstances.

MISCELLANEOUS

The School will endeavour to secure a compatible personality match between Instructor and Trainee. But in any event where either an Instructor or the Trainee notifies the School of a personality clash and which in the reasonable opinion of the School is incapable of resolution and which is of sufficient seriousness to jeopardise the integrity of fulfilment of the Programme then and in such circumstances the School will use its best endeavours to secure an acceptable alternative instructor within 14 days of such notification Provided Always:
[i] It shall be and remain the responsibility of the Trainee to notify the School of any such difficulty perceived by the Trainee and the School shall not suffer any liability to the Trainee in the event of the Trainee failing to provide such notification
[ii] The School does not warrant that any acceptable alternative Instructor secured for the Programme shall be able to conform to any particular pre-arranged timetable notified in respect of the Programme and the Trainee shall accept such revisions in the Programme as in the reasonable opinion of the School are appropriate to complete the Programme for the benefit of the Trainee with the assistance of the alternative instructor
[iii] In any circumstances where the school is unable a satisfactory alternative instructor or completion of the programme upon acceptable terms with such alternative instructor then the school will refund to the trainee the remaining unused portion of fees paid by (or will give credit in respect of any fees than due and owing but not paid) whereupon the programme will end and this contract shall cease and be of no further effect (save as to the recovery of any balance of unpaid fees after allowing for any applicable credit as aforeaid)
[iv] In the event of the School securing an alternative Instructor upon such Programme terms which in the reasonable opinion of the School are fair and appropriate to the Trainee to enable the Trainee to finish the Programme but which are rejected by the Trainee then the School shall not be under any obligation to refund to the Trainee any unused portion of any pre-paid fees (or to give credit as aforesaid in respect of any fees then due and owing).

30. It is agreed and declared that the rights, responsibilities, obligations and restrictions contained in theses conditions are considered reasonable by the parties hereto, but in the event that any provision hereof shall be found to be void but which would be void if some part thereof were deleted then such provisions shall apply with such modification as may be necessary to make it valid and effective: and should any of the paragraphs or clauses hereof be void in its entirety then it is agreed that the remaining paragraphs or clauses shall remain in full force and effect so far as they are not void.

In these conditions and where the context so admits or requires the masculine gender shall include the feminine neuter or corporate gender and where the context so admits the expression "contract" include any agency contract and the parties contracting there to for and on behalf of the named third party Trainee and shall (together with these Conditions) be binding upon any such third party as if he were made a principal party hereto as well as upon the actual party signing on his behalf as agent.

These conditions shall be construed to have effect according to the customs and laws of England and the parties agree to submit to the jurisdiction of the Courts of England.