TERMS AND CONDITIONS
Terms and Conditions for Duke and Duchess Driving School Ltd between student and instructor
1.1) These terms and conditions are made between yourself as the student (hereinafter referred to as “you”) and your driving instructor (hereinafter referred to as “the instructor”).
1.2) The instructor is a franchisee of Duke and Duchess Driving School Ltd (hereinafter referred to as “the School”).
1.3) The School does not employ your instructor but rather the School acts as an agent for the franchisee. The instructor is self-employed for the purposes of these terms and conditions.
1.4) The following terms and conditions represent the basis upon which training is offered by The School. The provision of training is subject to the acceptance of these terms and conditions.
2.1) You must hold a current, valid driving license, provisional, full or international, and produce it on (or in advance of) your first training session. You must be fit to drive with regard to legal and medical requirements.
2.2) You are required to provide accurate information upon request relating to all matters of learning to drive.
2.3) All arrangements for lessons are made between you and your instructor. These arrangements include, but are not limited to, the date and time of a lesson, the arranged meeting point and also the length of the lesson.
2.4) All payments must be made direct to the instructor via means discussed and agreed with the instructor.
2.5) Any changes by you to lessons must be made by you providing notice to the instructor 48 hours before the lesson is due to take place. Changes may include, but are not limited to, cancellations, alterations to any detail of the lesson.
2.6) All changes made to lessons must be made directly with your instructor and not the School.
2.7) Where 48 hours notice is not provided, instructors may reserve the right to charge the full fee for any lesson(s) affected.
2.8) It is your responsibility to notify the instructor of any changes to your circumstances which would prohibit you from driving. These circumstances may include, but are not limited to, changes to health and eyesight, your ability to safely control a vehicle, or your right to drive through use of a provisional licence where your licence has been lost or revoked for any reason.
2.9) If you require tuition in your own vehicle, you must supply evidence from your motor insurer that the car is covered for lessons when being supervised by a professional instructor in return for payment; the car must also be taxed and hold a current MOT certificate where appropriate.
2.10) You are not permitted to use a hand-held mobile phone or messaging device whilst driving or at any time whilst the engine is running unless it is an emergency.
2.11) Smoking during lessons in the car is not permitted under any circumstances.
3) The instructor
3.1) Any changes by your instructor to lessons must be made by your instructor, where possible, providing notice to you two working days before the lesson is due to take place. Changes may include, but are not limited to, cancellations, alterations to any detail of the lesson.
3.2) All changes made to lessons must be made directly with you and not the School.
3.3) Your instructor will do everything possible to ensure that your lessons start and finish on time, but reserves the right to cancel, postpone or change lesson lengths and start/finish times under certain circumstances (e.g., dangerous weather conditions). In the event of postponement fees paid in advance will be carried forward.
3.4) Your instructor reserves the right to cancel a lesson at short notice if it is suspected that the pupil may be unfit due to the effects of alcohol, drugs (prescribed or otherwise) or any other condition that would cause his/her driving to be dangerous or illegal. In such circumstances the lesson fee will be payable.
3.5) While your instructor will make every effort to ensure that the vehicle supplied for a lesson will be fully road worthy and comply with all legal requirements at the start of the lesson, he/she cannot be held responsible for vehicle failure that occurs during the lesson.
3.6) While your instructor will make every effort to ensure that the vehicle supplied for test will be fully road worthy and comply with all legal requirements at the start of the test, he/she cannot be held responsible for vehicle failure that occurs during the test and is not liable for consequential loss.
3.7) Your instructor will endeavour to maintain regular lesson slots at the same time each week to ensure continuity of learning, however, this cannot be guaranteed.
3.8) Your instructor reserves the right to refuse use of a driving school vehicle for test if he/she considers that provision of a vehicle could cause a risk to public safety.
3.9) Your instructor is not permitted to use a hand-held mobile phone or messaging device whilst driving, supervising you, or at any time whilst the engine is running unless it is an emergency.
3.10) Smoking during lessons in the car is not permitted under any circumstances.
3.11) Your instructor agrees to abide by the conditions of the Professional Code of Conduct (a copy of which will be provided on request). In the unlikely event of complaint or dispute the guidelines of the Code of Conduct will be adhered to.
3.12) Your instructor will maintain a full and accurate Driver Record for you.
4.1) The minimum lesson period is one hour. If, for any reason, your instructor is late for the lesson he/she will make a concerted effort to inform you of the estimated time of arrival. If the delay is greater than 15 minutes this time will be credited to you and when possible the lesson will be extended by the time due – if this is not possible the extra time will be carried forward to the next suitable lesson.
4.2) All sessions will start and finish at the same location unless alternative arrangements are made in advance.
4.3) Your instructor will determine a location for practical lessons which ensures both your’s and the public safety – this means that your instructor may need to drive you to and from the lesson location; this journey time forms part of the lesson as paid for.
4.4) Your instructor cannot be held responsible for test appointments cancelled by the DSA due to bad weather, sickness, staff shortages or other reasons. Such cancellations are beyond the control of your instructor and therefore the lesson fee and ‘use of car’ fee for the booked period will be charged. Your instructor will advise about claiming compensation from the DSA .
4.5) Where a school car is used for test, the booking period will be based upon the instructor’s normal diary schedule. Depending on the time of the test this will require a minimum two hour booking and possibly longer.
4.6) Training vehicles provided by the school are taxed, insured for the purposes of driving tuition, fully roadworthy and fitted with dual controls.
5) The School’s obligations
5.1) The School does not handle any payments for lessons. All payments must be made as per clause 2.3 above.
5.2) The School accepts no liability for payments made between you and your instructor.
5.3) The School accepts no liability for any loss to you or for any damage caused whilst participating in a lesson. This loss may include, but is not limited to, any loss of earnings or profit, loss of opportunity, business opportunity or business interruptions.
6) Your rights
6.1) These conditions do not affect any protection you have consumer legislation.
6.2) We reserve the right to change or alter any of the terms and conditions without notice, but will endeavour to inform pupils of any changes as soon as possible.