THE CRASH COURSE COMPANY LIMITED
In completing our booking application form you are indicating that you wish to book a course of driving instruction. These conditions apply to your application. You are advised to read them carefully and to ensure that you have understood the terms which impose obligations on you and on us.
BY PRESSING "SEND BOOKING" YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM.
1. Definitions
1.1 'You' means the person named on the application form as the Pupil
1.2 'We/ Us' means The Crash Course Company Limited,
1.3 'the Driving School' means the driving school or centre providing the driving course to you.
1.4 'The Instructor' means a driving instructor acting on his own account or on behalf of a driving school in any given geographical location.
2. Bookings
All bookings are taken by our head office. After paying a deposit as set out on the booking form, your details are passed to the driving school for the centre you require for your driving course. The contract is then between you and the driving school. In the larger areas, the area manager will designate an Instructor to you (or teach you himself). He/she is acting as an agent for the driving school only, and the contract is still between the driving school and yourself.
2.1 We act solely as a booking and administrative agent for certain driving schools. This means that we do not provide any driving courses ourselves and we undertake all our activities on behalf of the Driving Schools.
2.2 On receipt of a duly completed application form we will endeavour to book a course for you with a driving school in accordance with the requirements set out on your application form.
2.3 Where required we will also make arrangements on your behalf for your Theory and Practical Tests. If a test has been booked for a pupil, but he/she fails to reach the required standard, the test will not be attempted, and the test fee will be lost.
2.4 For the avoidance of doubt, we are responsible only for taking enquiries and placing bookings with the Area Manager or other instructors. Any contract for the booking is between you and the Area Manager for the Driving School or the instructor.
2.5 It is the responsibility of the pupil to check the times and dates of both the theory and practical tests with the DSA, even though these may have been booked on their behalf by us or one of our agents. Failure to attend at the correct time or date will not be recompensed by us.
3. Payments
3.1 All monies, unless otherwise agreed in advance, MUST be paid to The Crash Course Company Limited, not to the Area Manager, the Instructor or the ADI.
3.2 When confirming the booking we will, by email, send you a statement showing the amounts due to the Driving School in respect of the Booking.
3.3 You must pay the full amount shown in the statement (less any deposit paid) by cheque or debit/credit card made payable to "The Crash Course Company Limited” at least fourteen working days before the date on which the course is due to commence. Failure to make prompt payment may result in the loss of any deposit and/or cancellation of the booking. Please note that when paying by credit or debit card this will incur a fee which is set out on the booking form.
4. Cancellation
4.1 The £100 deposit is non refundable, unless we cannot secure the course required by yourself.
4.2 If you cancel the booking less than fourteen days before the date of commencement of the course, you will lose the entire cost of the course.
4.3 If you cancel the booking after the date of commencement because the Driving School has failed to fulfil its obligations (as set out in clause 5 below) then you may be entitled to be repaid all or part of your money by the Driving School.
4.4 The Driving School may have to cancel the booking or a part of it if:-
4.4.1 The instructor who should have provided the booking is or becomes unable to do so as a result of illness or bereavement and the Driving School is unable to secure another instructor at short notice; or
4.4.2 the Car intended to be used to provide the booking is or becomes un-roadworthy or in breach of road traffic legislation and such defect cannot reasonably be rectified prior to the commencement of the booking and an alternative vehicle is not available,
4.5 If the Driving School has cancelled the booking we will ensure that either we or the Driving School notify you immediately. We will, in full consultation with you and the Driving School, endeavour to secure a new booking for you. If we are unable to do so you will be entitled to be repaid your course fee (or part of it) by the Driving School. We will do our best to liaise with the Driving School to ensure that you receive your money back as quickly as possible in these circumstances.
4.6 If you wish to change driving instructor after the date of commencement of the course you must discuss this with the Area Manager or instructor.
5. Theory Training
This is available in some of the larger centres. It may be available with your individual driving school. If you require theory training, this must be booked at the time of booking the course, and it will then be confirmed. The driving school may charge extra for this service. This should be paid directly to the Driving School involved. Some driving schools offer individual theory tuition, some offer classroom theory tuition.
6. The Course
6.1 Where a shared course has been booked, and the pupil becomes the ‘odd number’, then the course shall be an individual one.
6.2 No guarantee can be made of test availability. In the event that a test cannot be booked on the course, then an alternative test will be offered at a date and time agreeable to the pupil, instructor and us. No refunds of monies are applicable in this case. Also, if the DSA cancels a test for whatever reason, then we cannot be held liable for the test fee or any lesson time lost.
6.3 The course is for a finite time span. It cannot be put on hold, in full or part, for any reason, including failure of the theory test whilst on the course. Any time spent with the instructor, ie whilst on a driving test, or being conveyed to theory test centres, shall be counted as driving time.
6.4 Whilst every effort is made to get the pupil to the required level to take the driving test, if it is thought by the Instructor that the pupil’s driving falls well below the standard expected, then, for the health and safety of the pupil, examiner and general public, the pupil will not be allowed to take the driving test. No test fee or course fee refund will be made in these circumstances. The driving schools on whose behalf we make bookings do not allow pupils to take the test ‘just for the practice’.
6.5 The Driving School undertakes to ensure that all courses will be provided to the following minimum standards. More information may be obtained from the Driving School:-
6.5.1 All of its driving instructors have been approved or licensed by the Driving Standards Agency.
6.5.2 The car provided by the Driving School is comprehensively insured with a reputable insurer;
6.5.3 The car will be clean, presentable and in good working order and will have dual controls;
6.5.4 The driving instructor will not smoke during tuition;
6.5.5 The Driving instructor will not use a mobile phone, except in an emergency or in the interest of, or with the permission of the pupil.
6.5.6 Short refreshment breaks may form part of your daily tuition period.
6.6 The Driving School shall be entitled to withdraw the use of the car for the purpose of the driving test if the Driving Instructor reasonably believes that your driving has failed to reach a satisfactory standard. In such circumstances you will forfeit your test fee. This is necessary to protect other road users, yourself and the car.
6.7 The tuition vehicle may carry an element of Crash Course Company Limited signage; this is purely for our advertising purposes and does not indicate that the vehicle belongs to or that your contract is with the us.
7. Your obligations
In addition to the payment obligations under Clause 2 of these conditions you must ensure that:-
7.1 You are able to satisfy the any driving test eyesight requirements
7.2 You supply to the Driving School at the commencement of the course a signed driving licence. If you fail to produce a valid driving licence the Driving School can by law not permit you to drive a car and accordingly your booking will be lost.
7.3 You satisfy the DVLA/DSA requirements regarding residency and eligibility requirements.
7.4 You attend your lessons on time. Failure to do so will result in your losing time and the Driving School has no obligation in such circumstances to add time to the end of your lesson to make up for late arrival.
7.5 To attend for each lesson in a fit state. That is free from alcohol, drugs or any other state that might affect your ability to drive. The final judgement on this is with your instructor. No refunds will be made if the day’s drive has to be cancelled due to the pupil being unfit.
8. Liability
8.1 We act as booking and administrative agent for the driving school only. Accordingly, we cannot accept any liability for any failure on the part of that Driving School to provide its services to you.
8.2 Any complaint about the provision of the course or the booking should be referred to the Driving school.
8.3 Although we will endeavour to arrange for the required course to be provided on time and as booked, we cannot be held liable for consequential loss in the event that the Driving School does not deliver the expected service.
8.4 No addition to or variation of these conditions will bind us, unless it is specifically agreed in writing and signed by one of our directors. No agent or person employed by or under contract with us has the authority to alter or vary these conditions in any way
9 Proper Law of the Contract
9.1 The construction, validity and performance of any contract shall be governed in all respects by the laws of England and Wales.
10 Privacy
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act). No one else will have access to your details at any time. Any personal information which we hold in order to process your booking will be held securely in accordance with our internal security policy and the law and will never be passed on to a third party. |
