PASSCOW DRIVING SCHOOL
DRIVING INSTRUCTOR – Terms and Conditions
- DEFINITIONS & INTERPRETATION
The following definitions and rules of interpretation apply in these T&Cs:
“DVSA” means Driving & Vehicle Standards Agency
“Driving Instructor” means the PassCow franchisee driving instructor assigned to you to provide you Driving Lessons
“Driving Lessons” means the driving tuition lessons provided to you by your Driving Instructor
“PassCow Driving School” means PASSCOW DRIVING SCHOOL LTD, a limited company incorporated in England and Wales with its registered office at 1 George Williams Way, Colchester, Essex, CO1 2JS and with company number 13922583
“T&Cs” means these terms and conditions, forming the contract between you and your Driving Instructor
“You” or “your” means the pupil receiving the Driving Lessons from the Driving Instructor
Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- WHO IS YOUR CONTRACT WITH?
- These T&Cs (as varied from time to time in accordance with clause 13) apply to when you book your first Driving Lesson, and any and all subsequent Driving Lessons after that, which you take with any Driving Instructor.
- Your contract for receiving Driving Lessons is made up of these T&Cs (and any order issued by your Driving Instructor) and is with your Driving Instructor, who is a self-employed franchisee of PassCow Driving School. This means that your Driving Instructor, though he or she has a licence to provide Driving Lessons using the PassCow Driving School name and branding (pursuant to a franchise agreement between him or her and PassCow Driving School), is not employed by PassCow Driving School and provides his or her services to you as a self-employed independent contractor. Your contract for Driving Lessons is not with PassCow Driving School.
- YOUR DRIVING INSTRUCTOR
- Your Driving Instructor:
- is registered with the DVSA as an Approved Driving Instructor (ADI) or as a Potential Driving Instructor (PDI) and their ADI (or PDI, as the case may be) registration is up to date; and
- will display their current DVSA ADI (or PDI) registration certificate in any vehicle that they use for a lesson, and they will ensure that their ADI (or PDI) certificate is kept up to date at all times.
- Your Driving Instructor:
- DRIVING LESSONS
- A Driving Lesson will only be made available to you if you have made a pre-booked appointment for it. You can either book a Driving Lesson with your Driving Instructor in person, over the phone, by email, or using the booking tool via the PassCow Driving School website or app. Your booking request should set out the desired date, time, duration and location of the Driving Lesson.
- To secure your booking for any Driving Lesson, you will need to pay in advance for it.
- Your booking will constitute an offer, which a Driving Instructor may or may not choose to accept. Only if and when a Driving Instructor has confirmed their acceptance for your booking request for a particular Driving Lesson, and provided you have paid in advance for that Driving Lesson, will there be an obligation on the Driving Instructor to provide you with that Driving Lesson (subject to these T&Cs).
- If you know you are going to be late for a Driving Lesson, you are required to contact your Driving Instructor. If you arrive (or are not ready) later than 15 minutes after the scheduled start time for your booked Driving Lesson, the Driving Instructor will try to provide that Driving Lesson but if they decide that they cannot do so, the Driving Lesson will be treated as cancelled without notice by you. If the Driving Instructor then decides to make a charge for that Driving Lesson, which they are entitled to do, clause 6 below will apply.
- You may cancel a Driving Lesson without charge if you give to your Driving Instructor at least 48 hours’ prior notice of the cancellation. If you do so, your Driving Instructor will refund to you the sum paid in advance for that Driving Lesson .
- If you do not give your Driving Instructor at least 48 hours’ prior notice of cancellation of a Driving Lesson, your Driving Instructor will be entitled to charge you the full price of that Driving Lesson (and any prepaid fees in relation to that lesson will not be refunded).
- Your Driving Instructor is entitled to, without any liability to you, cancel a booked Driving Lesson if:
- an event outside the Driving Instructor’s reasonable control occurs, such as the Driving Instructor becoming ill or a lack of an available vehicle suitable for providing lessons, which prevents the Driving Instructor from being able to properly deliver the Driving Lesson. In such circumstances, you will be refunded what you paid for that Driving Lesson; or
- the Driving Instructor has reason to believe that you are not fit to drive at the time of the Driving Lesson for any reason, such as if you are ill, unwell, under the influence of drugs (prescribed or otherwise) or alcohol (your Driving Instructor reserves the right to breathalyse you if they suspect you might be under the influence of alcohol), you refuse a breathalyser test when reasonably requested, behave inappropriately or act aggressively. In such circumstances, your Driving Instructor, acting reasonably, can decide to still charge you in full for the Driving Lesson (and any prepaid fees in relation to that lesson will not be refunded).
- Subject to clause 7, your Driving Instructor is entitled to cancel a Driving Lesson if they give you at least 48 hours’ prior notice. If they do not give at least 48 hours’ prior notice, your Driving Instructor will credit you with an additional Driving Lesson at no extra cost.
- Your Driving Instructor will use reasonable endeavours to start a Driving Lesson at the scheduled booking time but the start may be delayed due to overrun of a previous lesson, traffic or other similar circumstances. If the delay is longer than 30 minutes, either because you have been told or because such a delay has actually occurred, you may cancel that Driving Lesson and your Driving Instructor will credit you with an additional Driving Lesson at no extra cost. If you decide not to cancel the Driving Lesson, the Driving Lesson will go-ahead, albeit at the revised start time.
- Subject to the above clauses in this section (particularly 5 which requires you to give at least 48 hours’ notice), if you book a Driving Lesson online or over the phone, you are entitled to cancel any Driving Lesson during the 14-day period after your Driving Instructor accepted your booking request. However, if the booking includes any Driving Lessons on a date which is before the end of that 14-day period, and you have expressly requested that the Driving Instructor provides such Driving Lessons (and the Driving Instructor does so), you may not cancel that or those requested Driving Lessons and you may still be charged for them. You are deemed to expressly request Driving Lessons within the 14-day period whenever you complete a booking request (and by doing so, you acknowledge that your right to cancel under this clause is lost). In all other cases, subject to the above clauses in this section (particularly clause 4.5 above) if you cancel any Driving Lessons within the 14-day period mentioned above, and you have already made any payment(s) to your Driving Instructor for the lessons, your Driving Instructor will refund the payment(s) to you within 14 days of receiving your cancellation.
- Your Driving Instructor will agree the location for each Driving Lesson with you at the time of, or shortly after your, booking. Your Driving Instructor may choose a location which requires additional travel in the interests of road safety or to avoid heavy traffic. In such case, if you wish to be picked up and taken to that location by the Driving Instructor, travel time will form part of the lesson time.
- Fees are payable on a per-hour basis. The Driving Instructor’s rates will be set out to you when you make your booking. All fees stated are deemed inclusive of VAT (where VAT is applicable).
- Full payment must be made in advance of (and at least 48 hours before) any Driving Lessons being provided.
- If you wanted to opt for delivery of a bundle of Driving Lessons (e.g. 10 upfront), full payment is required for the bundle in advance. If a portion of subsequent unused paid-for Driving Lessons are cancelled, and you are eligible for a refund in accordance with these T&Cs, such refund will be calculated on a pro rata basis (based on Driving Lessons received up to that point) and will not take into account any discounts applied when you initially paid for the bundle.
- Your Driving Instructor may increase their rates between each Driving Lesson but such revised rates will not apply to any Driving Lesson you have already paid for.
- YOUR DRIVING INSTRUCTOR’S COMMITMENT TO YOU
- Your Driving Instructor warrants that:
- their Driving Lessons will be provided using reasonable skill and care and they will be professional and courteous towards you and other road users;
- they will use reasonable endeavours to:
- provide their Driving Lessons at the scheduled booking times (though see clause 9 above);
- train you to the standard expected of a competent and responsible driver in the UK (but shall not be responsible for your level (or lack) of effort, attitude or enthusiasm you decide to put into the Driving Lessons or any errors you make);
- they will comply at all times with all applicable laws and act in accordance with the DVSA Code of Practice for Approved Driving Instructors; and
- all vehicles provided for your Driving Lessons are fitted with dual controls, are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes of driving tuition.
- Your Driving Instructor warrants that:
- YOUR OBLIGATIONS
- You must:
- be at least 17 years old (or at least 16 years old if disabled);
- hold a valid UK driving licence (either provisional or full) and you must always keep the original of it (whether it is the photo card or paper version) with you during each and every Driving Lesson. Your Driving Instructor may ask to see this and may also ask you to disclose further evidence of your eligibility to drive and/or receive driving lessons if reasonably necessary;
- provide your Driving Instructor with all co-operation reasonably necessary for them to deliver the Driving Lessons to you;
- promptly inform your Driving Instructor of any circumstance which may impact on your ability to drive or receive Driving Lessons from your Driving Instructor, such as you being banned from driving, losing your licence, not being eligible to drive or sit the driving test or having a particular medical condition or prescription which impairs your ability to drive; and
- comply at all times with all applicable laws and follow any reasonable instructions, rules or codes of conduct provided to you by your Driving Instructor from time to time.
- You are responsible for loss or damage suffered by your Driving Instructor due to your deliberate or reckless damage to property (including the vehicle used to provide you with the Driving Lessons).
- Such loss or damage as stated above includes any costs incurred by the Driving Instructor for having to hire a replacement vehicle.
- In addition, any soilage of seats by you will require you to pay a soilage fee of £70.
- All Penalty Charge Notices, Parking Charge Notices and speeding fines incurred during the period (or allocated period) of (a) your Driving Lessons with your Driving Instructor, or (b) your driving test when using the Driving Instructor’s vehicle, are your responsibility and you shall reimburse the Driving Instructor accordingly.
- If you fail to comply with, or do not meet, any of the above requirements set out in this clause 7, your Driving Instructor reserves the right to immediately cancel one, some or all of their Driving Lessons with you and you may still be charged for those Driving Lessons depending on the circumstances.
- You must:
- DRIVING TESTS
- Your Driving Instructor will, acting reasonably, determine whether you are ready to sit a driving test. You should check with your Driving Instructor first before deciding to book any tests yourself.
- If you have booked a test yourself and, in the Driving Instructor’s opinion, you do not make the expected progress in your Driving Lessons between the date of booking and the test date, your Driving Instructor may decide not to allow you to use their vehicle for your test and they will not be responsible for any fees that you pay for the test which are lost.
- Arrangements will be made between you and your Driving Instructor in relation to who is responsible for booking the theory and practical tests. Whilst your Driving Instructor will provide all reasonable guidance, it is ultimately your responsibility to check the details of your test, what you are required to bring on the day, and inform your Driving Instructor as soon as possible (and no later than 2 weeks before the date of your test). Your Driving Instructor will need sufficient time to determine whether their vehicle is suitable, usable and available for your test and may decide it is not.
- If your test is cancelled by the DVSA giving you insufficient time to provide your Driving Instructor with the required cancellation notice of a booking, you must still pay the Driving Instructor’s fees for their time and use of the vehicle. However, you will be advised on claiming compensation from the DVSA for the cost of those fees.
- CANCELLATION AND TERMINATION
- Your Driving Instructor can terminate your tuition (and therefore cancel all future Driving Lessons with you) if:
- you fail to pay any amount due to the Driving Instructor within 7 days of being informed in writing that the amount is overdue;
- you commit a serious breach of these T&Cs;
- you repeatedly breach these T&Cs in such a manner as to reasonably justify the opinion that your conduct is inconsistent with continued receipt of Driving Lessons;
- in the Driving Instructor’s reasonable opinion, it would not be in the best interests of either party for you to continue to receive Driving Lessons from the Driving Instructor. In this case, your Driving Instructor will refund to you any fees for Driving Lessons you have paid them in advance (subject to clause 5).
- You can, at any time (provided you meet the requirements of clause 4 regarding giving sufficient notice when cancelling Driving Lessons), terminate your tuition (and therefore cancel all future Driving Lessons with your Driving Instructor). If so, your Driving Instructor will refund to you any fees for Driving Lessons you have paid them in advance (subject to clause 5).
- Your Driving Instructor can terminate your tuition (and therefore cancel all future Driving Lessons with you) if:
- Nothing in these T&Cs will be deemed to restrict or exclude the Driving Instructor’s liability for death or personal injury resulting from their negligence.
- Whilst your Driving Instructor will provide Driving Lessons to you with reasonable skill and care, neither your Driving Instructor nor PassCow Driving School can guarantee any desired result in relation to your driving (such as passing your driving test).
- Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the booking was first accepted by the Driving Instructor, both the Driving Instructor and you knew it might happen. Neither PassCow Driving School nor your Driving Instructor is responsible for any loss or damage that is not foreseeable.
- Your Driving Instructor supplies the Driving Lessons to you only in your personal capacity and for personal and private purposes. You agree you are not receiving Driving Lessons for any commercial, business or re-sale purposes. Neither PassCow Driving School nor your Driving Instructor shall be liable to you for any loss of profit or revenue, loss of business, business interruption, or loss of business opportunity.
- Neither PassCow Driving School nor your Driving Instructor shall be liable for any loss or damage you may incur which results from circumstances or matters outside of the reasonable control of your Driving Instructor or PassCow Driving School.
- PassCow Driving School is not a party to the contract for Driving Lessons, which is between you and your Driving Instructor. This does not restrict or exclude any liability that PassCow Driving School may have for any loss or damage you may incur which is on a basis other than breach of contract, provided it can be established (e.g. negligence or breach of any legal duty (if any) owed to you).
- DATA PROTECTION
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including copyright and trade marks) in relation to the Driving Lessons and PassCow Driving School are retained by the Driving Instructor, PassCow Driving School or either of their respective licensors. Nothing in your contract with your Driving Instructor, or receipt of Driving Lessons, is deemed to transfer ownership of any of those rights.
- CHANGES TO THESE T&CS
- These T&Cs may be revised (or updated) from time to time. If so, your Driving Instructor will use reasonable endeavours to inform you as soon as possible. When you have been notified, the revised (or updated) T&Cs will apply to all subsequent Driving Lessons.
- You cannot sell or transfer any Driving Lessons, or any of your rights or your obligations under your contract with your Driving Instructor, to another person unless your Driving Instructor agrees to this in writing, though they may refuse, particularly because the service is personal to you.
- The contract for Driving Lessons is between you and your Driving Instructor. No other person shall have any rights to enforce any of these T&Cs.
- Each of the clauses and sub-clauses of these T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (or sub-clauses as the case may be) will remain in full force and effect.
- If your Driving Instructor does not insist immediately that you do anything you are required to do under these T&Cs, or if they delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent your Driving Instructor taking steps against you at a later date.
- Nothing in the contract with your Driving Instructor is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent, worker or employee of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
- Your feedback is always welcome, whether positive or negative. If You have any complaint about your Driving Instructor, please raise the matter by e-mailing firstname.lastname@example.org.
- GOVERNING LAW AND JURISDICTION
- These T&Cs are governed by the law of England and Wales and you can bring legal proceedings in respect of the service in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in respect of the service in either the Scottish courts or the courts of England and Wales. If you live in Northern Ireland, you can bring legal proceedings in respect of the service in either the Northern Irish courts or the courts of England and Wales.