After a bit of research, I ended up choosing Wallace and I'm glad I did. My first phone call was very informative and I had only to choose when to start the training. Got all the books from them, studied everything and passed my theory test first time. Went to do some practical training with Gerry the instructor and got my skills polished to a very high standard. Anticipate, not react. The best advice I could ever get. Passed my practical first time and also the following CPC theory and practical tests. If someone asks me where to go for a truck licence, my answer is 1000 times Wallace School of Transport. They care for you as if you were family. That counts more than anything.Mr Augusto Barale
Terms and Conditions
Policies & Terms
Equality and Diversity
Complaints & Compliments
GDPR - Fair Processing Notice
Booking Terms and Conditions
All images & graphics along with text and content on this website remains the sole property of Wallace School of Transport. Anyone wishing to use items from this website should seek permission from us before doing so.
Equality and Diversity
The Company’s organisation and arrangements for Equal Opportunities undertake to ensure full compliance with the following legislation and regulations: The Race Relations Act 1976, The Sex Discrimination Act 1975 and The Disability Discrimination Act 1995.
We are committed to ensuring that the services we provide are relevant to the needs of all sections of the community and that our workforce represents the people we serve. The aim of our policy is to ensure that no job applicant or employee receives less favorable treatment on the grounds of race, sex, marital status, disability, working time, age, religion, sexual orientation or is disadvantaged by conditions or requirements which cannot be shown to be justifiable.
Selection criteria and procedures are monitored to ensure that individuals are selected, promoted and treated on the basis of their relevant merits and abilities. We recognise that services must be relevant, responsive and sensitive, and that we must be perceived as fair and equitable in our provision of services by our partners and the wider community.
We aim to ensure that our contractors and others who deliver our services share in our vision.
Wallace School of Transport is committed to providing the best customer service possible to make sure every client receives the service and support required, promptly and professionally.
We aim to:
Provide a clear and transparent pricing policy.
Provide information and impartial advice and guidance in the most appropriate learning style to suit a learners needs.
Provide a confidential service only asking for and disclosing the minimum necessary data to organise bookings.
Meet your training requirements within any agreed time-scales.
Inform you as soon as possible if any particulars of your enquiry or booking is to be changed.
Ask for your feedback and views on our service so we may evaluate our performance and improve on quality to better meet the needs of our customers.
We ask you to:
Provide us with accurate information.
Keep us up to date with any changes in your circumstances relevant to your training.
Work with us, so together we can achieve your objectives.
Wallace School of Transport is registered with the Data Protection Commissioner and complies with all requirements of Data Protection Act 1998.
Our staff and instructors are made aware of the importance of confidential handling of information as at the time of joining our company, we issue guidelines stating our company policy, defining the importance of confidential handling of information as well as annual refresher training at the time of our re-accreditation inspections.
Data is protected from loss or theft from vehicles and instructors, our office and staff no matter whether in hard copy or electronic format. Everyone is aware of the need to restrict the movement of data and instructors and staff sign a confidentiality statement regarding non-disclosure of information.
Our named data security contact is Ruth Wallace who can be contacted about any data security incident and is responsible for dealing with the incident. Any suspected/actual unauthorised non business use or accessing of data would be reported immediately to the body concerned. In the event of the misuse or loss of data, we will follow guidelines laid down by Data Protection.
Data located in our office is secure and is able to be locked with access controlled to authorised personnel only.
Our computers and electronic devises have a system identifier to check which users have accessed data and we operate an individual user password control system which is private to the user.
Our back up and continuity measures or disaster recovery systems are in place and have been robustly tested.
We perform pre-employment checks on instructors and staff who have access to sensitive or DWP data, in accordance with HMG Baseline Personnel Security Standard and we act in accordance where appropriate with the DWP security policy.
If we were to store and/or transfer personal data on laptops, storage devices and other removable media, we would use encrypted laptops and encrypted storage devices and other removable media when handling Departmental information.
At the end of our financial year, we archive and store data securely and we dispose of any data due for destruction at the end of the contract securely or hand data back to the customer as appropriate.
We only communicate, exchange, copy, print or store information in accordance with the authorised use of the data and do not share information with any third parties. We retain personal information only as long as it is required for the reason it was collected or as required by law. When personal information is no longer needed or required, we have procedures to destroy, delete or erase the data. A request to destroy, delete or erase data can be made at any time.
We give you the right to access the information we have about you. To do this, please liaise with our security data contact between Tuesday to Thursday 10am - 3pm. We will advise in advance of any minimal charge for conducting a search which can take up to 30 days to retrieve information. We are not able to provide information if it contains reference to other persons or is subject to legal privilege.
We will give you the opportunity to keep your personal information up to date, as having accurate information enables us to give you our best possible service, keep you informed of our charges and up to date with legal developments relevant to our areas of concern. If you find errors in our information, please let us know so we may make corrections and update our records.
Wallace School of Transport is committed to equality and diversity for all and we want to help you achieve your learning goals.
Should you need additional assistance because of your disabilities, possibly due to physical or learning difficulties, we will do our best to help you within our own resources.
Our office and classroom at Park Royal is on the ground floor with level access.
If your disability requires more help than we are able to directly provide, we will put you in touch with one of our partner organisations that have training programmes for specific disabilities, for example, Literacy and Numeracy Learning Difficulties.
We want to help you, so please tell us if you need special help and assistance. Come and talk to us and find out what we can do to help you.
Complaints and Compliments
Wallace School of Transport want to provide you with a happy and pleasant environment which is conducive to you achieving your learning goal.
If you have a complaint, it is important that we are made aware of any issues or problems, if they arise, as soon as they arise, so we can take action and address the issues or problems straight away. We cannot resolve a problem if we are not aware that one exists.
If you want to highlight any issues or problems you may have, please phone our office for an informal discussion. We can usually sort most problems out at this stage.
But if you feel that the matter has not been resolved through informal discussion then we ask you to put your complaint or grievance in writing straight away to firstname.lastname@example.org so we can respond quickly, at the latest within 5 working days, to try resolve the matter.
If you would like to compliment us, we would be delighted to hear from you. Receiving positive feedback about our service, our instructors and your training and test experiences help boost instructors and staff morale and gives encouragement to our other customers.
Wallace School of Transport recognises the need to carry out its operations so as to have minimum impact on the existing or future environment. Ruth Wallace is committed to ensure we work towards the following environmental commitments:
Minimise any disturbance to the local and global environment and to the quality of life of local communities in which the company operates.
Comply with all relevant statutory regulations and follow best practices and guidelines which include ensuring our training vehicles meet the existing and future Low Emission Zone regulations.
Take positive steps to conserve resources by addressing unnecessary waste of resources such as electricity (by installing double glazing) at our office premises.
Provide separate bins/boxes for recycling e.g. paper, toner cartridges, etc and encouraging recycling where ever possible.
Purchase office equipment and stationary products sourced from recycled/renewable sources whenever reasonably practical.
Raising environmental awareness of all staff and employees through training.
Continually improve our working practices to minimising environmental risks and where possible, maximising environmental benefits.
Comply with the suppliers instruction for the safe storage and disposal of their products.
GDPR - Fair Processing Notice
Wallace School of Transport is committed to protecting and respecting your privacy. By booking and attending Wallace training you are agreeing to be bound by our GDPR policy.
We collect data when you contact us by phone, email and in person, this includes Contact Details, Photographic Image, Driver Licence & NI details, Test details including results and Payment Details to facilitate bookings, training, issuing attendance and qualification certificates, and communicating with GOV.UK and Jaupt on your behalf. We may also share this data with our accrediting bodies which include RTITB and National Logistics Academy if relevant. The duration of time Data is stored is in accordance with the authorities requirements. We may also notify you to changes to our services, provide information or updates to relevant rules and regulations, seek your views or comments on the services we provide, and with your permission send other communications which you have requested and that may be of interest to you.
You have the right to opt out of the above, request to access, update or erase data:
For Wallace School of Transport email: email@example.com
For Logistic Skills Academy email: firstname.lastname@example.org
For RTITB email: email@example.com
Terms and Conditions
WALLACE SCHOOL OF TRANSPORT LIMITED
GENERAL TERMS AND CONDITIONS OF SERVICE
These are the terms and conditions on which we supply the Programme and any Additional Services to you. Please ensure that you read these terms and conditions carefully because they are binding on you. The Trainee’s attention is particularly drawn to the provisions of clause 15 below. These Conditions were most recently updated on 06 October 2015.
(a) Definitions. When the following words with capital letters are used in these Conditions, this is what they will mean:
i) ‘Additional Services’ means any services provided by the School pursuant to clause 8b) that are in addition to the Programme, including, without limitation, the completion of administrative tasks on behalf of the Trainee prior to, during or after completion of the Programme, including, without limitation, obtaining medical certificates to enable the Trainee to take a test, assisting with the completion of licence application forms, providing test revision materials and submitting application forms to the Department of Transport or such other appropriate Agency;
ii) ‘Booking Form’ means the Trainee’s order for the Programme and any Additional Services as set out in the Trainee’s booking form, the Trainee’s written acceptance of a quotation by the School, or overleaf, as the case may be;
iii) 'Conditions' means these terms and conditions, as varied, amended or supplemented in accordance with clause 1c) below;
iv) ‘Contract’ means the contract between the School and the Trainee for the supply of the Programme and (if applicable) Additional Services in accordance with these Conditions;
v) 'Programme' means the organisation of bookings training appointments lessons course training and instructional services provided by the School to the Trainee as set out in the Booking Form;
vi) ‘School' or ‘we’ or ‘us’ or ‘our’ means Wallace School of Transport Limited incorporated and registered in England and Wales under company number 01687073 whose registered office is at 8 Steele Road, Park Royal, London NW10 7AR, or such other person that is an affiliate of the School, the name of which affiliate appears on the face of the Booking Form, and our successors or permitted assigns, and ‘affiliate’ means, in relation to the School, any business entity from time to time controlling, controlled by, or under common control with, the School;
vii) 'Trainee' or ‘you’ means the person or firm with whom the Contract is made, and your personal representatives, successors or permitted assigns (as applicable); and
viii) ‘Working day’ means a day (other than a Saturday, Sunday or Public Holiday) when banks in London are open for business.
b) Rules of Interpretation. In these Conditions, the following rules of interpretation apply, unless otherwise indicated:
i) When we use the words "writing" or "written" in these Conditions, this will include e-mail unless we expressly say otherwise;
ii) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
iii) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
iv) the masculine gender will include the feminine, neuter or corporate gender and vice versa, and the singular will include the plural and vice versa; and
v) clause references are to clauses of these Conditions and clause and schedule headings shall not affect the interpretation of these Conditions.
c) Variation to the Contract.
i) We may amend these Conditions from time to time. Please look at the top of this page to see when these Conditions were last updated. Every time you make a booking with us, the Conditions in force at the time of your booking will apply to the Contract between you and us. We may amend these Conditions as they apply to the Contract between you and us to reflect changes in relevant laws and regulatory requirements or in any other circumstance as determined by us in our absolute discretion.
ii) Except as set out in clause 1c)i), no variation of any term, provision or condition of the Contract, including the introduction of any additional terms and conditions, whether in any document, writing or otherwise, will be binding upon the School or applicable to the Contract unless agreed in writing by the School.
iii) If you are a consumer and we amend the Conditions as they apply to all or part of the Contract, we will give you written notice of any changes to these Conditions before they take effect and you can choose to cancel the Contract in accordance with clause 13. You may cancel either in respect of all or the part of the Booking Form that is affected by the changes to the Conditions. If you opt to cancel, you will have to return (at our cost) any relevant Programme and other materials you have already received from us. We will arrange a full refund of the portions of the price that you have paid which relate to the Programme and (if applicable) Additional Services, or parts of the Programme and (if applicable) Additional Services, as set out in the Booking Form, which are affected by the change in the Conditions
2) OUR CONTRACT WITH YOU
a) These are the Conditions on which we supply the Programme and any Additional Services to you. Please ensure that you read these Conditions carefully, and check that the details on the Booking Form are complete and accurate, before you sign and/or submit the Booking Form. If you think that there is a mistake please contact us to immediately to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
b) If you are booking online though the use of our website, our booking pages will guide you through the steps you need to take to complete a Booking Form. Our booking process allows you to check and amend any errors before submitting your Booking Form to us. Please take the time to read and check your booking at each page of the booking process.
c) When you sign and/or submit the Booking Form or confirm to us that you would like to submit a Booking Form to us, whether on our premises, by telephone or online through the use of the booking function on our website, this does not mean we have accepted your booking. Our acceptance of the Booking Form will take place as described in clause 2d) below. If we are unable to supply you with the Programme and any Additional Services, we will inform you of this and we will not process the Booking Form
d) These Conditions will become binding on you and us when we confirm to you in writing that we will be able to accept the Booking Form on our terms, whether by paper or e-mail (Confirmation), at which point and on which date a Contract will come into existence between you and us.
e) These Conditions apply to the Contract to the exclusion of any other terms that the Trainee seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
f) You may cancel the Contract in accordance with your legal rights and other rights to do so as set out in clause 13, to the extent applicable. We may cancel the Contract in accordance with clause 12.
g) If we are unable to supply you with the Programme or Additional Services, for example because we cannot meet your requested performance date, we will inform you of this in writing and we will not process your booking. If you have already paid for the Programme or the Additional Services, we will refund you the full amount.
3) CONTACTING US
a) Contacting us if you are a consumer
i) If you are a consumer, to cancel a Contract in accordance with your legal and other rights to do so as set out in clause 13, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org, confirming the reason for your cancellation. If you e-mail us to cancel your Contract please include details of your Booking Form to help us to identify your booking. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date we receive and acknowledge receipt of your e-mail.
ii) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0208 453 3440 or in writing to Wallace School of Transport, 8 Steele Road, NW10 7AR or by e-mailing us at email@example.com.
iii) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Booking Form.
b) Contacting us if you are a business
You may contact us by telephoning our customer service team at 020 8453 3440 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Conditions, please see clause 19.
4) USE OF OUR WEBSITE
Your use of our website wallaceschool.co.uk is governed by our Terms of Website. Please take the time to read those terms as they include important terms which apply to you.
5) HOW WE USE YOUR PERSONAL INFORMATION
6) IF YOU ARE A CONSUMER
This clause 6 only applies if you are a consumer.
If you are a consumer, you may only purchase the Programme and Additional Services, whether from our website or otherwise, if you are at least 18 years old.
7) IF YOU ARE A BUSINESS
This clause 7 only applies if you are a business.
a) If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website or otherwise purchase our Programme and any Additional Services.
b) These Conditions (and any documents expressly referred to herein) constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
c) You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions or any document expressly referred to in them.
d) You and we agree that neither of us will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
8) RIGHTS AND RESPONSIBILITIES OF THE SCHOOL
a) Subject to clause 8g)f)iv) and clause 12, we will supply the Programme to you from the date set out in the Booking Form until the estimated completion date for the Contract set out in the Booking Form.
b) In addition to the provision of the Programme, the School may agree, at the request of the Trainee, to carry out Additional Services which shall be set out in the Booking Form.
c) We may have to suspend the Programme if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the Programme. We will contact you in writing to let you know in advance where this occurs, unless the problem is an Event outside our control (as defined in clause 11). You do not have to pay for the Programme while they are suspended under this clause but this does not affect your obligation to pay any invoices we have already sent you.
d) If you do not pay us for the Programme and Additional Services (if applicable) when you are supposed to as set out in clause 10, we may suspend the Contract (or cancel the Contract pursuant to clause 12) with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this. This does not affect our right to charge you interest under clause 10g) or any of our other rights or remedies under these Conditions or by law.
e) We own all trademarks, copyright, design rights and all other intellectual property rights, whether registered or unregistered, in or arising out of the Programme and Programme course materials and any drafts, drawings or illustrations given to you by us in connection with the Programme. All Programme materials are the exclusive property of the School or its licensors.
f) Without prejudice to any of the other Conditions, 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 an alternative booking date/time or a substitute vehicle at such other location that may be available and provide training to the extent of time lost by the Trainee (but not further or otherwise) and in the event of a test not proceeding in whole or in part as a result of the defects in a School vehicle a further test will be booked by the School at no charge to the Trainee but (subject, in the case of a consumer, to clause 15) the School will have no further liability to the Trainee or otherwise in respect thereof.
g) The School reserves the right without notice to or the consent of the Trainee (except where otherwise indicated below):
i) To cancel all or any remaining part of the Trainee's Programme and, where applicable, his test, should the Trainee insist, demand or otherwise show an intention to take his test at such stage as is earlier than the time at which, in the sole opinion of the School, is appropriate having regard to the suitability of the Trainee to take such test as determined by the School in its absolute discretion, and the Trainee hereby acknowledges and accepts, as a material term of this Contract, that he will be bound by the opinion of the School as to the appropriateness or suitability of his taking a test and that the School will have the right to cancel the Contract in accordance with clause 12 in the event that the Trainee does not comply with this Condition. In the event of the cancellation by the School of the Contract, the School will not be obliged to refund to the Trainee any balance of fees, costs, charges, expenses or disbursements (including, without limitation, any test fee) paid by the Trainee to the School in respect of the outstanding portion of the Programme and the Additional Services that would remain to be performed had the Trainee complied with this clause, and if the Trainee has not made payment for the fees and other amounts owing for the said outstanding portion of the Programme and the Additional Services, the School will send an invoice for the outstanding amount and the Trainee will pay it in accordance with clause 10;
ii) To waive one or more of the Conditions without prejudice to the other Conditions. If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you;
iii) In the event of the Trainee in the sole opinion of the School experiencing training difficulties, to continue the remaining part of the Programme on a class of vehicle or in any other manner which the School considers in its absolute discretion to be most appropriate to the capabilities of the Trainee; and
iv) To make changes to the Programme including to the dates and times of appointments, lessons and courses of instruction and test appointments) which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Programme as the School, in its absolute discretion, will think fit and upon the basis that any such alterations to the Programme will be treated as part of the Programme as at the date of the alteration provided always the School will, where it is reasonably practicable to do so, give prior notice of such alteration (whether written or oral) and, in any other case, give notice of the alteration to the Trainee as soon as reasonably practicable after the event (if not notified previously). The Trainee acknowledges and accepts that those 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.
h) The School will not be obliged to follow the order or times stated in the Programme, provided that any changes to the times for delivery of the Programme will at all times be the subject of notification under clause 8g)iv).
i) Provided that and for so long as the Trainee complies with the Contract and the Programme instructions, the School will maintain motor insurance.
9) TRAINEE’S RIGHTS AND RESPONSIBILITIES
a) Where the Trainee is a person obtaining the Programme and Additional Services on behalf of another individual, or its employees, agents or representatives, the Trainee will ensure that all such third parties are aware of these Conditions (and any variations made to these Conditions), including, without limitation, the Trainee’s responsibilities and the details of the Programme, prior to the commencement of the Programme.
b) The Trainee will cooperate with the School in all matters relating to the Programme and the Additional Services (as applicable) and will provide such information and materials as the School may reasonably require in order to supply the Programme and the Additional Services.
c) We will need certain information from you that is necessary for us to provide the Programme or the Additional Services and we will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required or we may suspend the Programme by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us and we have asked for it. If we suspend the Programme and the Additional Services under this clause, you do not have to pay for the Programme while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you and any other costs, charges, expenses and disbursements incurred by us, as notified to you, in dealing with your Contract.
d) Unless the Trainee has requested Additional Services pursuant to which the School shall submit applications on its behalf, the Trainee will submit the correctly completed applications and appropriate fees to the Department of Transport or such other appropriate Agency prior to the deadline for submission and payment, and failure to do so may result in the loss of a test appointment. The School will not be obliged to transfer the use of the vehicle for a test to a new appointment and will not be liable to the Trainee for any loss in such event.
e) In the event of the Trainee failing to attend for the whole or part of the Programme the School reserves the right to charge the Trainee for such non-attendance at the School’s then current rates, without prejudice to any of the School’s other rights and remedies, including, without limitation, pursuant to clause 12.
f) The Trainee will be responsible for, on a daily basis or as necessary, inspecting his Programme and in particular the required timetable of attendance.
g) Unless the School has been notified in writing of any specific unavailability at the time of booking, the Trainee will be available for attendance and training during the Programme course between the hours of 6am and 8.30pm on working days or non-working days (and displayed or notified timetable will indicate the actual required hours of attendance on any particular day during the Programme course) and the Trainee will be responsible for familiarising himself with the required hours of attendance to it by the School).
h) The Trainee undertakes with the School at all time to have in force a current and valid driving licence and to have such original driving licence (both parts) in his possession at all times whilst attending for all training and tests, and the Trainee will obtain and maintain all necessary other permissions and consents which may be required before commencement of or during the Programme.
i) The Trainee will report to the instructor of the School or examiner of the Department of Transport or such other appropriate Agency (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 becomes so aware.
j) The Trainee undertakes at all time to be punctual and diligent in fulfilling his tasks and duties under the Programme and in completing the administration tasks for which he will be responsible (except where the School has agreed to provide Additional Services to complete those administration tasks on behalf of the Trainee) prior to the commencement of or during the Programme, as required.
k) The Trainee undertakes not to consume any alcohol or drugs or other intoxicating substances at any time during his attendance at the Programme and not to arrive at the School or at any other premises for completion of the Programme for instruction under the influence of alcohol or drugs or any other intoxicating substance. Without prejudice to its other rights and remedies, the School may in its absolute discretion suspend or cancel a Contract where the School reasonably believes that there has been a breach of this Condition. No refunds or substitute appointments will be made to or for the Trainee in the event of breach of this Condition, and the Trainee shall be responsible for paying any outstanding fees of, and all costs, charges, expenses and disbursements incurred by, the School pursuant to clause 10.
l) The Trainee will only use the vehicle provided to it by the School from time to time for use in relation to the Programme, in and at the times prescribed by and pursuant to the requirements of the Programme and these Conditions.
m) If the School’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Trainee or failure by the Trainee to perform any relevant obligation (Trainee Default):
i) the School will without limiting its other rights or remedies, including, without limitation, under clause 12, have the right to suspend performance of the Programme until the Trainee remedies the Trainee Default, and to rely on the Trainee Default to relieve it from the performance of any of its obligations to the extent the Trainee Default prevents or delays the School’s performance of any of its obligations;
ii) the School will not be liable for any costs, charges, expenses or disbursements or losses sustained or incurred by the Trainee arising directly or indirectly from the School’s failure or delay to perform any of its obligations as set out in this clause; and
iii) the Trainee will reimburse the School on written demand for any fees, costs, charges, expenses, disbursements or losses sustained or incurred by the School arising directly or indirectly from the Trainee Default in accordance with clause 10.
n) On successful completion of the Programme in accordance with the direction and instruction of the School, the School may, in its absolute discretion, offer the Trainee the use of the free facilities specified in the Programme, subject to the following requirement. The Trainee must, if so instructed by the School, complete a lesson (for which the Trainee is to pay the cost at the School’s standard rates which shall be notified to the Trainee at the appropriate time) with and conducted by the School within 14 days before the Trainee’s scheduled test appointment date with the Department of Transport or such other appropriate Agency, in circumstances where there has been a lapse of at least eight weeks following completion by the Trainee of a course of training under the Programme with the School to enable the School to assess (or to re-assess as the case may be) the Trainee's suitability to sit the test under such circumstances. The School, in its sole opinion, will determine whether the Trainee has satisfied the foregoing obligations and should be entitled to the use of the free facilities specified in the Programme. Any free facilities to which the Trainee becomes entitled as aforesaid must be taken up by the Trainee within six weeks of successfully completing the lesson required by the School and if not taken up within that period then any entitlements on the part of the Trainee to such free facilities will thereupon lapse and be withdrawn.
o) The Trainee may, following successful completion of the Programme, request copies of any documentation relating to the Programme, and provided that the request is made within 14 days of the last day of the programme such copies will be provided free of charge. Thereafter, the School will charge the Trainee £75 plus VAT for each copy document requested.
p) As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10) FEES AND PAYMENT
a) The fees (inclusive of Value Added Tax) for the Programme and the Additional Services, together with all costs, charges, expenses and disbursements incurred or to be incurred by the School, will be set out in the Booking Form or, where those amounts cannot reasonably be estimated in advance, an explanation will be given of how those amounts will be calculated.
b) 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 costs of the Programme and will charge the Trainee such additional amounts.
c) All fees payable by the Trainee for the Programme and Additional Services under the Contract will be set out in the Booking Form and are:
i) Inclusive of Value Added Tax (VAT) at the rate applicable at the date of the Contract or at the presentation of any further invoice by the School to the Trainee, whichever is the later; and
ii) Exclusive of costs, charges, expenses or disbursements, including, without limitation, the Department of Transport or such other appropriate Agency test fees and the insurance cover as set out in clause 8i) which shall be separately set out in the Booking Form or, where those amounts cannot reasonably be estimated in advance, an explanation will be given of how those amounts will be calculated and the Trainee will be responsible and liable in full for those amounts.
d) If you are a consumer and have cancelled a Contract in accordance with your rights as set out in clause 13, you will be responsible for all fees and costs, charges, expenses and disbursements incurred by the School for the performance of the Programme and the Additional Services up to the time of cancellation where you have expressly instructed us to perform the Programme and the Additional Services.
e) Where we are providing the Additional Services and the Programme, we will ask you to make an advance deposit payment in an amount to be set out in the Booking Form. We will send you an invoice for the balance of the amounts payable for the Programme and the Additional Services (if applicable), inclusive of VAT, and together with our costs, charges, expenses and disbursements, and prior to the Programme and Additional Services (if applicable) the balance of the amounts payable must be paid in full at the time of the confirmation of start date of the Programme and Additional Services (if applicable).
f) You must pay each invoice we send you in cleared monies within 7 days of the date of invoice by cash, credit or debit card, cheque or to a bank account nominated in writing by the School, and time for payment is of the essence of the Contract.
g) If you do not make any payment to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
h) The School may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Trainee against any amount payable by the School to the Trainee.
i) Other than in the circumstances set out in clause 13, the Trainee will not be entitled to any refunds of deposits or part payments made by the Trainee for a Programme if the Trainee fails to attend to complete the Additional Services or the Programme, and, on failure to attend to complete the Additional Services or the Programme by the Trainee, the School may cancel the Contract and such deposits or fee payments (or parts thereof) cannot be transferred or made available for substitute appointments or facilities, save as the School may otherwise determine in its absolute discretion pursuant to clauses 10(j) or 10(k).
j) Subject to the following, upon written request by the Trainee (accompanied by such proper documentary evidence as the School may require) made within 14 days of the date of payment by the Trainee, the School may permit the deposit or fee payment (or part thereof) to be transferred to the credit of another person accepted as a Trainee at the School (New Trainee), provided that a new Contract must be entered into by the New Trainee with the School confirming details of the selected Programme and Additional Services (if applicable) and, further, that the Programme selected by the new Trainee pursuant to its Contract with the School will be completed within 6 calendar months from the date of payment of the deposit or fee payment (or part thereof) by the original Trainee under the old (cancelled) Contract. The School will charge the Trainee £75 plus VAT for each document amendment which must be paid before alternative booking arrangements can be made. Amended bookings must be taken up within 6 months of transfer and will be subject to any increases in fees that may have come about within those six months, as after this time any booking entitlements will thereupon lapse and be withdrawn and such deposits or fee payments (or parts thereof) cannot be refunded, transferred or made available for substitute appointments or facilities.
k) Subject to the following, upon written request by the Trainee (accompanied by such proper documentary evidence as the School may require) made within 14 days of the date of payment of the deposit or fee payment (or part thereof), the School may grant the Trainee credit in an amount that is equivalent to such deposit or fee payment (or part payment) which may then be applied against the cost of any new Contract entered into by the Trainee with the School, provided that such new Contract is entered into and completed by the Trainee within the period of six calendar months from the date of the payment of the deposit or fee payment (or part thereof) under the old (cancelled) Contract. The School will charge the Trainee £75 plus VAT for each document amendment which must be paid before alternative booking arrangements can be made. Amended bookings must be taken up within 6 months of transfer and will be subject to any increases in fees that may have come about within those six months, as after this time any booking entitlements will thereupon lapse and be withdrawn and such deposits or fee payments (or parts thereof) cannot be refunded, transferred or made available for substitute appointments or facilities.
11) EVENTS OUTSIDE OUR CONTROL
a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by an Event outside our control. An Event outside our control is defined in clause 11b).
b) In these Conditions an ‘Event outside our control’ means any act or event beyond our reasonable control, including without limitation:
i) Failure of the Department of Transport or such other appropriate Agency to provide an examiner for any reason;
ii) Prevention of or delay in attendance by an examiner due to double booking or for any of the reasons listed in (3) below or for any other reason outside of the control of the School; or
iii) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
c) If an Event outside our control takes place that affects the performance of our obligations under a Contract:
i) we will contact you as soon as reasonably possible to notify you;
ii) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside our Control. Where the Event outside our control affects our performance of the Programme or Additional Services, we will restart the Programme and Additional Services as soon as reasonably possible after the Event outsides our control is over.
d) You may cancel a Contract affected by an Event outside of our control which has continued for more than 30 days. To cancel, please contact us in accordance with clause 3. If you opt to cancel, you will have to return (at our cost) any relevant Programme materials you have already received and we will refund the fees you have paid and any other costs, charges, expenses or disbursements.
12) THE SCHOOL’S RIGHTS TO CANCEL THE CONTRACT
a) We may have to cancel a Contract due to an Event outside our control (which has the meaning given in clause 11b)) or the unavailability of key personnel or key materials without which we cannot provide the Programme. If this happens:
i) We will contact you as soon as reasonably possible to notify you of the cancellation; and
ii) If you have made any payment in advance for the Programme or parts of the Programme that have not been provided to you, we will refund the amounts for the Programme or parts of the Programme which have not yet been performed by us.
b) Once we have begun to provide the Programme and Additional Services to you, we may cancel the Contract at any time by providing you with at least  calendar days' notice in writing. If you have made any payment in advance for the Programme or Additional Services or parts of the Programme or Additional Services that have not been provided to you, we will refund the amounts paid for the Programme and Additional Services (as applicable) or parts of the Programme and Additional Services (as applicable) owing to you.
c) We may cancel the Contract at any time with immediate effect by giving you written notice if:
i) you do not pay us when you are supposed to as set out in clause 10. This does not affect our right to charge you interest under clause 10; or
ii) you commit a material breach of the Contract, including, without limitation, the provisions of clauses 9,10 or 16 and you do not correct or fix the situation within  days of us asking you to in writing; or
iii) any of the following occurs or is discovered:
(1) 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 as a result of the Contract with the Trainee, or any unlawful activities in or around the School or Property;
(2) Occurrence or discovery of physical disability likely to prejudice due and lawful care and control of vehicles on the public highway;
(3) Occurrence or discovery of impaired eyesight;
(4) 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;
(5) 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;
(6) 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);
(7) Riotous or reckless behaviour likely to prejudice the convenience or safety of other people at the School or on the public highway;
(8) 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;
(9) Extended absence on the part of the Trainee to observe hours of attendance as requested by the Programme, as an alternative or in addition (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 9e) of these Conditions;
(10) Occurrence or discovery of theft by or at the initiation of the Trainee;
(11) The Trainee suspends, or threatens to suspend, payment of its debts or is unable or admits inability to pay its debts as they fall due; or (being a company) is deemed unable to pay its debts, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of the Insolvency Act 1986; or the Trainee negotiates with or makes a proposal to any of its creditors with a view to rescheduling any of its debts; or a petition is filed, a notice is given, a resolution is passed or an order is made for or in connection with the winding up of the Trainee (being a company), or the Trainee (being an individual) is the subject of a bankruptcy petition or order; or a creditor of the Trainee attaches or takes possession of, or a distress, execution or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or a court application or order is made for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Trainee (being a company); or person becomes entitled to appoint a receiver over the assets of the Trainee or a receiver is appointed over the assets of the Trainee; or any event occurs or proceeding is taken with respect to the Trainee in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the foregoing events; or the Trainee suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or the Trainee (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation,
and any cancellation of this Contract by the School under this clause 12c) will result in forfeit of any deposit, fees or other pre-payment made by the Trainee.
d) Without limiting its other rights or remedies, the School may suspend provision of the Programme under the Contract if the Trainee becomes subject to any of the events listed in 12c) above or the School reasonably believes that the Trainee is about to become subject to any of them.
13) YOUR RIGHT TO CANCEL THE CONTRACT
Clauses 13a) to 13d) (inclusive) only applies if you are a consumer.
a) If you are a consumer, before we commence the Programme, you have the following rights to cancel a Contract:
i) if we are affected by an Event outside our control which has continued for more than 30 days in accordance with 11d) above;
ii) if we change these Conditions under clause 1c) to your material disadvantage; and
iii) in accordance with your legal rights to cancel as set out in clause 13b).
b) If you submitted a Booking Form on our website or requested a booking by telephone or email to us, and subsequently received Confirmation from us (Distance Contract), you have a legal right to cancel the Distance Contract within 14 days after the date on which you received the Distance Contract (Cooling off Period). For example, if you received the Distance Contract on 1 January you may cancel the Distance Contract at any time between 1 January and the end of the day on 15 January. 15 January is the last day of the Cooling off Period. This means that during the Cooling off Period if you change your mind or decide for any other reason that you do not want to receive the Programme and Additional Services (if applicable), you can notify us of your decision to cancel the Distance Contract and receive a refund in accordance with clauses 13c) or 13d) (as applicable). If you make a booking at less than 14 days and at short notice, then no Cooling off Period is applicable, see 13g). Please see clause 3a)i) of the Conditions on how you may cancel a Distance Contract. Where we have performed Additional Services and all or any part the Programme during the Cooling off Period on your express instruction to us to do so your cancellation rights will be lost. Advice about your legal right to cancel the Distance Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
c) Subject to clause 13d), if you cancel a Distance Contract pursuant to clause 13b) and you have made any payment under the Distance Contract for the Additional Services and the Programme and the Programme has not yet been provided to you, we will refund the amounts paid for the Programme within 14 days after the date of being informed of your cancellation of the Contract, using the same means of payment as you used to pay us under the Contract unless you expressly agree otherwise.
d) If you cancel a Contract under clause 13b) and, at the time of cancellation, we have already started work on your Additional Services or on the Programme on your express instruction to do so, you will pay us our fees and any costs, charges, expenses and disbursements we reasonably incurred in starting to fulfil your Booking Form, up to the time we are informed of your cancellation of the Contract, and such amounts will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.
e) In the event of a cancellation of a Contract by a Trainee that is not a Distance Contract, or which is a Distance Contract but the Trainee is not a consumer, or where a Trainee that is a consumer cancels the Contract after the expiry of the Cooling Off Period:
1) Any fees for the Programme will be credited or refunded as applicable for the Trainee by the School less the:
2) percentage amount stated in the Percentage Refund Formula contained in clause 13g) or a minimum fee which is equal to the sum of the initial deposit paid by the Trainee, whichever is the greater, to compensate the School for the time, cost and administration incurred in formulating the Programme and reserving the Programme for the Trainee; and
3) if applicable, the fees, costs, charges, expenses and disbursements incurred in providing the Additional Services up to the date of the cancellation of the Contract by the Trainee.
f) In order to be effective any notice of cancellation on the part of the Trainee cancelling the Contract pursuant to clause 13e) must be in writing and delivered to the e-mail address or postal address of the School (being the address contained in the Contract), and the date of actual receipt of the said notice by the School will determine the date of the notice of cancellation, for the purpose of the Percentage Refund Formula contained in clause 13g).
g) The amount of the fees and other amounts to be refunded under clause 13e) will be determined by the number of working days of notice of cancellation that is given to the School, in accordance with the following formula (Percentage Refund Formula):
Amount of Notice Received
Percentage of Refund
15 working days or more
11 working days to 14 working days
10 working days to 7 working days
6 working days to 0 working days
For the avoidance of doubt, pursuant to the above Percentage Refund Formula, in the event of the Trainee cancelling the Contract on or less than 6 working days’ notice prior to the commencement of the Programme, or on or after commencement of the Programme, the Trainee will not be entitled to a refund of any amounts and will be liable for all fees and other amounts paid or to be paid under the Contract (other than in circumstances where the Trainee is permitted to cancel the Contract in accordance with these Conditions where there is an Event outside our control or if we change these Conditions pursuant to clause 1c) to your material disadvantage).
h) Subject to a consumer’s rights under clause 13a)iii), 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 material term of the Contract) then the School may at its absolute discretion provide alternative training in substitution for such part of the Programme on a date to be determined by the School, which will not be 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.
14) CONSEQUENCES OF CANCELLATION
On cancellation of a Contract under clause 12 or 13 above:
a) You will immediately pay to the School, where due in accordance with the provisions of clauses 12 or 13 (as applicable), the amounts of any outstanding unpaid invoices and interest and, in respect of the Programme and Additional Services supplied but for which no invoice has been submitted, the School will submit an invoice, which will be payable by you within 7 days of the date of the invoice;
b) If we have given you any Additional Services or any part of the Programme or other materials in connection with your Contract, you will return all such materials to us (at your cost) without undue delay and in any event not later than 7 days after the date of cancellation of the Contract, to our address as set out in clause 3. Until they have been returned, you will be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
c) The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination will be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
d) Clauses which expressly or by implication survive termination will continue in full force and effect.
15) LIMITATION OF LIABILITY
a) The following provisions of this clause 15a) apply if you are a Consumer:
i) If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
ii) We only supply the Programme and Additional Services to you for private use. You agree not to use the Programme for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
b) The following provisions of this 15b) apply if you are a business:
i) The School will under no circumstances whatever be liable to the Trainee, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
ii) The School’s total liability to the Trainee in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed £100 or 5% of the individual trainee training fee excluding VAT whichever is the lower.
c) We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for any other liability which cannot be limited or excluded under law.
d) This clause 15 will survive termination of the Contract.
16) WARRANTIES AND REPRESENTATIONS OF THE TRAINEE
The Trainee warrants, represents and undertakes to the School that:
a) his eyesight meets the standard required by applicable 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;
b) he is in good health free from any mental or physical disability (whether continuous or discontinuous as previously exampled);
c) he has a current and valid driving licence authorising him to drive any road vehicle that is the subject of the Programme;
d) 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 in this respect; and
e) he is of proper legal age to drive the particular vehicle intended for him as part of the Programme course.
a) Without prejudice to the general limitations set out in clause 16, the School will not be responsible or liable for any damage to or loss of personal property belonging to the Trainee left at or around or within the School premises or the School vehicles.
b) The School will not be responsible or liable for any accident, incident, misdemeanours caused or perpetrated (as the case may be) by the Trainee during training or the Programme or when driving in any vehicle (whether or not belonging to the School) and whether before or after a particular training or Programme course.
a) Where either an instructor of the School or the Trainee notifies the School of a personality clash between the said Instructor and the Trainee, and the School determines, in its absolute discretion, that such personality clash is incapable of resolution so as to allow the instructor and the Trainee to work together to complete the Programme, the School will use its reasonable endeavours to secure an acceptable alternative instructor within 14 working days of the School’s determination as aforesaid, provided always:
i) It will be and remain the responsibility of the Trainee to notify the School of any such difficulty perceived by the Trainee and the School will not suffer any liability to the Trainee in the event of the Trainee failing to provide such notification;
ii) In the event that the School, upon receiving notice from the Trainee or an instructor in accordance with this clause, determines that the Programme can be completed with the existing instructor and the Trainee, the School will be under no obligation to provide an alternative instructor and, in the event that the Trainee does not wish to complete the Programme with the existing instructor, the School will not be liable to refund or credit the fees and other amounts paid or to be paid by the Trainee in respect of the Programme and any Additional Services, and where such amounts have not yet been paid by the Trainee, the School will invoice the Trainee for those amounts in accordance with clause 10.
b) 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 the School will not be liable to refund or credit the fees and other amounts paid or to be paid by the Trainee in respect of the Programme and any Additional Services, and where such amounts have not yet been paid by the Trainee, the School will invoice the Trainee for those amounts in accordance with clause 10.
c) The School does not warrant that any acceptable alternative instructor secured for the Programme in accordance with this clause will be able to conform to any particular pre-arranged timetable notified in respect of the Programme and, subject to a consumer’s rights under clause 13a), the Trainee will 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.
19) COMMUNICATIONS BETWEEN US
a) If you are a consumer, you may contact us in accordance with clause 3a).
b) If you are a business:
i) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
ii) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, at the time of transmission.
iii) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
c) The provisions of this clause 19 do not apply to the service of any proceedings or other documents in any legal action.
20) OTHER IMPORTANT TERMS
a) Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable the remaining clauses will remain in full force and effect.
b) We may transfer our rights and obligations under the Contract to another person and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Conditions.
c) You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
d) This Contract is between you and us. No other person will have any rights to enforce any of its terms.
e) The Contract and any dispute or claim arising out of or connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law and:
i) in the case of a Contract with a consumer, the parties agree to submit to the non-exclusive jurisdiction of the Courts of England. If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland; and
ii) in the case of a Contract with a business, the parties irrevocably agree to submit to the exclusive jurisdiction of the Courts of England.