Terms and Conditions

LET’S LEARN SCHOOL OF MOTORING Ltd.
DRIVING INSTRUCTOR TERMS AND CONDITIONS

These Terms and Conditions are the standard terms which apply:

A. to the provision of driving tuition by Let’s Learn School of Motoring Ltd to pupils that require such tuition; and where the Pupil is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation; “Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Instructor who receives tuition from the Instructor for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business; “DVSA” means the Driving & Vehicle Standards Agency; “Instructor/I/Me/My” means Let’s Learn School of Motoring Ltd whose place of business and contact address is the same address as above; “Price List” means Instructor’s standard price list for driving tuition. The list is available from the Let’s Learn School of Motoring website; “Pupil/You/Your” means the individual recipient of driving instruction; and “Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and

1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4 Words signifying the singular number shall include the plural and vice versa;

1.5 References to any gender shall include the other gender

2. Driving Instructor

2.1 All Instructors are self-employed independent driving instructors and are not employed by a driving school when providing tuition under these Terms and Conditions; and

2.2 They are registered with the DVSA as an Approved Driving Instructor (ADI) and should keep their ADI/ PDI registration up to date. Instructors must display My current DVSA ADI registration certificate in any vehicle that I use for a lesson.

3. Driving Lessons – Booking, cancellation, delays

3.1 A lesson will only be made available to You if You have a pre-booked appointment for it. You should book a lesson with Lets Learn School of Motoring by phone or email, It shall be the school’s responsibility to allocate either a ADI or PDI Instructor covering your area, we will pass your information to the Instructor to agree on all matters relating to each lesson including, but not limited to, the date, time, location and duration;

3.2 Your request to book a lesson will be an offer, but whether I accept any request will be for the Instructor to decide at their discretion. Only when the Instructor tells You that they accept Your request for any lesson(s) will there be a binding contract between You and the Instructor for that/those lesson(s);

3.3 If You wish to make a booking for two or more lessons by means of a single booking, it is at the discretion of the Instructor to accept that booking. The Instructor’s contract with You will be for all the lessons concerned;

3.4 The Instructor does not reserve any lesson slots or guarantee regularity of lessons over any period, or on any date and/or time except that they will reserve a particular timed lesson slot for You when they accept a booking for it from You. Nevertheless, they shall use reasonable endeavours to make available regular lesson slots for You;

3.5 If You know you are going to be late for a lesson, you should contact the Instructor to tell them. If You arrive (or are not ready) later than 10 minutes after the scheduled start time for Your booked lesson, they will try to provide that lesson but may decide that they cannot do so and the lesson will be treated as cancelled without notice by You. If I then decide to make a charge for the lesson cancelled without notice, sub-Clause 3.7 below will apply;

3.6 You may cancel a lesson without charge if You give the Instructor at least 48 hours prior notice of the cancellation and if You do so they will refund to You any sum You paid them in advance;

3.7 If You do not give the Instructor at least 48 hours prior notice of cancellation of a lesson, they will be entitled to charge You for any net financial loss that I suffer due to Your cancellation of not more than 100% of the full price of the lesson. I will be entitled to deduct that charge from any sum You paid them in advance, and I shall refund the balance to You;

3.8 If, due to exceptional circumstances including, but not limited to, illness, accidents or bereavement, You cancel a lesson without giving at least 48 hours prior notice, the Instructor will consider the circumstances and at their discretion can decide whether to waive any charge for late cancellation that I am entitled to make under sub-Clauses 3.5 and 3.7;

3.9 If I wish to cancel a lesson, the Instructor may cancel without incurring any liability to You (and You will not have to pay for that lesson) as long as they give You at least 24 hours prior notice, but if they do not give You at least that minimum notice, they shall be liable for and will credit You with an additional lesson at no charge;

3.10 Notwithstanding sub-Clause 3.9, Instructors may, without incurring any liability to You, cancel a booked lesson at any time before the start time of that lesson, where either:

3.10.1 If, due to illness, unavailability of a suitable vehicle, or other reasons beyond their reasonable control, the Instructor is unable to provide the lesson fully or properly and the Instructor cancels a lesson in such circumstances, they will refund You in full any advance payment that You have made to them for that lesson; or;

3.10.2 they have reason to believe that You are not fit to drive at the time of the lesson due to factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical conditions. If they cancel the lesson for such reason, I shall be entitled, at their discretion, either to charge You for that lesson or not to do so but in deciding whether to charge You the Instructor shall act reasonably;

3.11 The Instructor will use all reasonable endeavours to start Your lesson at the time which You have booked it but the start may be delayed by an overrun of a previous lesson or by other circumstances beyond their control. If the delay to the lesson start is of at least 30 minutes, the Instructor should notify You that there will be a delay of at least that time and You then have the option to cancel before they arrive and not have to pay for that lesson. The Instructor can refund to You in full any advance payment that You have made to them for that lesson. If, however, in those circumstances, You choose not to cancel the lesson, they shall add on to the lesson the time by which the start is delayed at no charge to You or, if that does not suit You, the Instructor can add it on to a subsequent lesson, or if You do not book a further lesson should refund a part of the fee for that lesson in proportion to the part of the lesson not added on; and

3.12 Where the contract they make with You is not made on My premises, the Regulations give You the rights set out in this sub-Clause 3.12, and they will be in addition to the rights given to You by the above provisions of Clause 3. You may, for any reason, cancel any lesson(s) during the 14 day period after the Instructor accepts the booking for it/them, but if the booking includes any lesson(s) on a date that is before the end of that period and if You have expressly requested to be provided with any such lesson(s) and the Instructor does so, You may not cancel that or those requested lesson(s) and You must pay for them in accordance with Clause 5, and You may then only cancel any other lesson(s) covered by that booking. If You request that any lesson be cancelled, you must confirm this in any way convenient to You. If You cancel any lesson(s) as allowed by this Sub-clause 3.12, and You have already made any payment(s) to the Instructor for the lesson(s), they will refund the payment(s) to You within 14 days of receiving Your cancellation, less any amount due for the lesson(s) that You have received.

4. Lessons – Location, length

4.1 I will agree the location for each lesson with You at the time of booking. I may choose a location which requires additional travel in the interests of road safety. In such cases, if You wish to be picked up and taken to that location by Me, travel time will form part of the lesson time;

4.2 The minimum length of a lesson will be 1 hour and, if You and the Instructor agree, it may be increased by increments of 30 or 60 minutes up to a maximum length of 3 hours.

5. Fees and Payment

5.1 You must pay the Instructors fee for all lessons and will be charged for lessons on an hourly basis. You can obtain up-to-date information on the current lesson fees from the School website;

5.2 The Instructor may change fees without prior notice but if I increase or reduce the fees between the time You book a lesson and the date of the lesson and You pay for it in advance of the lesson, the price increase or reduction will not apply to that lesson but where there is a decrease may at the Instructors discretion, decide to refund You the amount of the decrease;

5.3 You shall make payment of Instructor fees in advance (48 hours prior to your first lesson) by cash or bank transfer. They can provide a receipt for all sums that I receive from yourself.

5.4 All the hours of block booking lessons paid for in advance must be redeemed within three months from the date on which payments are made.

5.5 Let’s Learn School of Motoring is solely the booking agent for lessons with your Instructor. If there are any issues with the Instructor such as lateness, cancelled lessons or, in your opinion, a bad experience, then you will need to take that complaint up directly with the Instructor.

No refunds are offered on the booking fee once an Instructor has been arranged.

Our sole responsibility is to provide a service where learner drivers can more easily book lessons with a driving instructor. We provide a service that speeds up the process of doing so and saves the customer from contacting multiple instructors directly.

If you wish to make a serious complaint about the Instructor, you will need to contact the DVSA (Driving Vehicle Standards Agency) who govern all driving instructors.

6. Instructors Obligation

Instructors shall, at all times:

6.1 use reasonable endeavours to provide driving instruction at the agreed lesson times;

6.2 use reasonable endeavours to train You to a high standard, but shall not be responsible for any errors made by You;

6.3 be professional and courteous towards You and other road users;

6.4 act in accordance with the DVSA Code of Practice for Approved Driving Instructors (a copy of which You can obtain from Me on request); and

6.5 act in accordance with the law.

7. Your Obligations

7.1 You confirm that, in connection with your request(s) to receive driving tuition from an Instructor You are, and will be a, “consumer” as defined in Clause 1 above;

7.2 You must hold a valid UK driving licence (either provisional or full);

7.3 You must always have both parts of Your driving licence (photo card and paper counterpart) with You during lessons;

7.4 If You have been banned from driving and are training for a retest, You must be legally entitled to take tuition and must present proof to the Instructor of that entitlement;

7.5 You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;

7.6 You must always wear any necessary prescribed glasses or contact lenses;

7.7 You must inform the Instructor of any medical conditions or prescribed medication which may affect Your driving ability; and

7.8 If You fail to comply with one or more of sub-Clauses 7.2 to 7.7 above, or the Instructor finds that you are not a “consumer” (as defined in Clause 1 above), I may immediately cancel one or more lessons. The Instructor may, at their discretion, still charge for the cancelled lessons.

8. Vehicles and Insurance

8.1 I shall ensure that all vehicles that I provide are fitted with dual controls, are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes of driving instruction; and

8.2 You may request to use Your own vehicle. Whether You use Your own vehicle is for Me to decide at My sole discretion. You must provide proof to Me of Your vehicle’s roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of driving instruction.

9. Driving Tests

9.1 You must discuss your driving tests with the Instructor and they will inform You when they feel that You are ready to take a test;

9.2 You and the Instructor shall be responsible for booking theory and practical tests. It shall be Your responsibility to check the details of the test as shown in Your DSA confirmation letter;

9.3 If You book a test, You must check with the Instructor before booking to ensure that they consider that You are ready for a test;

9.4 You must inform the Instructor of all of the details of Your test including, but not limited to, the date, time and location, at least 14 working days before Your test date;

9.5 When You attend a test, You must take all required documentation with You. If You do not, Your test may be cancelled and You would then lose Your test fees;

9.6 Unless I feel that My vehicle is unsuitable for a Pupil to use for their practical test or Clause 9.9 applies, I will generally permit Pupils to use My vehicle for their test, but whether I permit You to do so for Your test will be at My discretion;

9.7 If the Instructor has given You permission to use their vehicle for Your test but it breaks down or is otherwise unavailable or unusable on the date of the test, they will use reasonable endeavours to arrange an alternative vehicle. If this is not possible, the Instructor shall pay for the replacement test;

9.8 If Your test is cancelled by the DVSA giving You insufficient time to provide the Instructor with the required cancellation notice period of a booking, you must still pay the Instructors fee for their time and/or the use of the vehicle. In that case, they can advise You on claiming compensation from the DVSA for the cost of those fees; and

9.9 If You have a test booked and, in the opinion of the Instructor, You do not make the expected progress in Your lessons between the date of booking and the test date, they could decide not to permit You the use of their vehicle for Your test and will not be responsible for any fees that You paid for the test which are lost.

10. Cancellation and Termination

10.1 The Instructor may, at My discretion, terminate Your tuition if Your conduct, progress or commitment consistently falls below the standards that I reasonably expect;

10.2 You may, at any time, subject to Your meeting the requirements of Clause 3 regarding giving notice of Your cancellation of lessons, terminate Your tuition with the Instructor;

10.3 Where sub-clause 10.1 or 10.2 applies, the Instructor shall refund to You any fees for lessons that You have paid Me in advance.

10.4 It is the responsibility of the Instructor and not Let’s Learn School of Motoring to refund any monies paid in advance.

11. Liability

11.1 The Instructor will be responsible for any foreseeable loss or damage that You may suffer because of any breach of these Terms and Conditions or, because of the Instructor’s negligence. Loss or damage is foreseeable if it is an obvious consequence of the Instructor’s breach or negligence or if it is contemplated by You and the Instructor when their contract with You is created. The Instructor will not be responsible for any loss or damage that is not foreseeable;

11.2 The Instructor provides tuition only for Your personal and private use/purposes. They will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;

11.3 Nothing in these Terms and Conditions is intended to or will exclude or limit the Instructor’s liability for death or personal injury caused by the Instructor’s negligence or for fraud or fraudulent misrepresentation;

11.4 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or My liability to You, under:

11.4.1 the Consumer Rights Act 2015;

11.4.2 the Regulations;

11.4.3 the Consumer Protection Act 1987; or

11.4.4 any other consumer protection legislation;
as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standards Office.

12. Changes to Terms and Conditions

From time to time, I may change these Terms and Conditions without giving You notice, but the Instructor, with reasonable endeavours, will aim to inform You as soon as is reasonably possible of any such changes.

13. How I Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website.

14. Regulations

Instructors are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before they make a contract with You (i.e. before they accept Your request to book any lesson) except where that information is already apparent from the context of the transaction. I have included the information itself either in these Terms and Conditions for You to see now, or the Instructor will make it available to You before they accept Your request to book a lesson. All that information will, as required by the Regulations, be part of the terms of the Instructor and Let’s Learn School of Motoring Ltd’s contract with You as a Consumer.

15. Information

As required by the Regulations:

15.1 all the information described in Clause 14; and

15.2 any other information which I give to You about tuition or other services or Me which You consider when deciding to book a lesson or when making any other decision about My tuition or other services; will be part of the terms of My contract with You as a Consumer.

16. Complaints

Instructors and Let’s Learn School of Motoring always welcome feedback from Pupils and, whilst we always use all reasonable endeavours to ensure that we provide a high standard of tuition and service to Pupils, nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about your Instructors tuition or other services or any other complaint about them or Let’s Learn School of Motoring, please raise the matter with the Instructor or with Let’s Learn School of Motoring in person, or by phone or email.

17. No Waiver

No failure or delay by the Instructor or You in exercising any rights under these Terms and Conditions means that I or You have waived that right, and no waiver by the Instructor or You of a breach of any provision of these Terms and Conditions means that the Instructor or You will waive any subsequent breach of the same or any other provision.

18. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

19. Law and Jurisdiction

19.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of England, Wales, Northern Ireland and Scotland.

19.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.