Interpretation In these conditions ("Conditions") "We", "Us" or "Our" means PASS N DRIVE DRIVING SCHOOL and "You" or "Your" means the customer.
You must read these Conditions in full as they set out our complete Terms upon which We have agreed to provide, and You have agreed to Obtain, driving tuition from Us.
We and Your Instructor reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions. About Your Instructor Your Instructor is one of Our self-employed franchisees whose relationship with Us is governed by a franchise agreement, No contractual liability shall arise or subsist between You and Us, However, we will endeavor to assist You with Your requirements.
Our instructors are licensed to carry on business as driving Instructors and have obtained such licenses from the Department of Transport. Driving Tuition Driving tuition is only available to persons:
1. Aged 17 and over (16 and over if disabled);
2. Who hold valid UK provisional driving licence ("licence"); and
3. Who is legally entitled to drive in the UK. If You take driving lessons, it is Your responsibility to ensure that You have the appropriate licence and the licence must be presented to Your driving instructor prior to the commencement of Your tuition. Your Instructor reserves the right to refuse to provide You with tuition or to cancel any lessons You have agreed to or booked If You fail to provide him/her with the licence prior to Your first lesson. Your tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, and time, pick up location and duration of your lesson. Your Instructor will:
1. Provide You with driving/theory tuition at the hourly rate communicated to You from time to time;
2. Recommend what are, in their opinion, the most appropriate training methods and aids to help You study for Your theory and hazard perception test;
3. Design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical test;
4. Provide You with driving/theory lessons which will last two hours or such other duration as You and Your Instructor will agree in advance;
5. Provide a presentable, modern, properly maintained and dual controlled PASS N DRIVE branded car for each lesson;
6. Also recommend where appropriate, advanced courses to help You develop Your skills for motorway driving, driving in extreme weather conditions and the Pass Plus;
7. Give You relevant feedback during Your lessons and record Your development in your PASS N DRIVE track record at the end of each lesson;
8. Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to book Your mock practical test and once it has been agreed between you both, Your instructor will apply for Your practical driving test and where required, they will advise whether it should be subsequently rescheduled;
9. Provide training on a one-to-one basis with no other learner in the car; 10. Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of Your lesson;
11. at all times conduct themselves in a professional manner including • being courteous and considerate to You • avoiding physical contact except in an emergency • not smoking during Your lessons • restricting mobile phone use to emergencies or directly for Your benefit;
12. Reserve the right to cancel a lesson or finish a lesson early on the grounds of road safety;
13. Not discriminate against You and will always abide by the law;
14. Endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any unforeseen circumstances beyond their control;
15. Endeavour to give You two working days notice (excluding Bank Holidays) should a lesson need to be rescheduled;
16. Respond professionally to any worries or issues that You may have and try to resolve them to Your satisfaction.
If appropriate, they will give You the name of the PASS N DRIVE manager to whom You can refer the matter. If Your Instructor is for whatever reason unable to comply with their obligations to You, both We and Your Instructor reserve the right to arrange for an alternative PASS N DRIVE Instructor to provide You with some or all of Your driving/theory tuition.
If We or Your Instructor are unable to arrange for an alternative Instructor to provide Your driving tuition, or in the event of a mechanical breakdown of the vehicle in which You have been learning to drive, or for any other reason, the Instructor reserves the right to rearrange Your lessons for a time convenient to both You and the Instructor. Beginner’s Offers
1. The 4 hours beginners offer is all 4 hours at the beginning of your lessons
2. The 10 hours beginners offer is all 10 hours at the beginning of your lessons
3. Abuse of any offers will result in the remaining lessons being revoked without the possibility of a refund. All offers are non-refundable unless otherwise specified.
4. All offers are limited to one per pupil. Intensive Driving Courses You must pay Us a deposit when making a booking of an intensive driving course. Please note: Your deposit is non-refundable.
You must pay the remaining balance to Your Instructor before the first lesson of Your driving course. You will then be fully committed to completing the course and You will not be able to receive a refund.
We will endeavor to complete Your Intensive driving course within four weeks from the date of Your first lesson, the 48 Hour cancellation notice does not apply to any of Our Intensive driving courses, if You cancel any of Your lessons then these lessons will be deducted from the lessons remaining.
If there is any evidence of You being under the influence of drink or drugs then Your Instructor reserves the right to terminate Your Intensive Driving Course with immediate effect and You will not be entitled to a refund.
Any abusive, offensive, or other such conduct will not be tolerated and the course may be terminated.
If You don't make progress as expected Your Instructor will advise You whether Your test should be rescheduled. If You are not test-ready then Your Instructor holds the right to refuse the use of the vehicle in attempting the practical test and will instead recommend a more practical length of course best suited for You.
Due to driving test availability and any circumstances beyond Our control, it may be necessary for Us to reschedule Your test in order to fit in with other arrangements and Our booking process. Your test will be arranged for the end of Your course. Your test will be booked at any of the test centres in our teaching regions.
You must not change or cancel the theory or practical test, only the Pass N Drive office is entitled to change or cancel your test. If You at any time change or cancel Your practical test Your Driving Course will be terminated with immediate effect and You will not be entitled to a refund.
Night Driving 'Night Driving' is determined by lessons being taken starting between the times of 9pm to 6am. Night driving may be charged at different rates to standard lesson prices.
Converting standard lessons to night lessons and Night Lessons to standard lessons is not permitted and will only be allowed with permission from your Pass N Drive Instructor. Any Night Lessons paid in advance are non-refundable.
Lesson Cancellation Policy You must give Us or Your Instructor at least two working days notice (excluding Bank Holidays) ("Minimum Notice") if You wish to cancel or rearrange Your lesson, otherwise You will be liable for 100% of the lesson fee.
Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice, You will still be liable for the Lesson fee. Insurance Your Instructor will carry the appropriate motor insurance should You be involved in a collision as a learner driver whilst in control of driving the Instructor's tuition vehicle.
Price Changes We reserve the right to change the price of all Our learner driver products including all tuition, at any time.
Non-Block Booked Tuition The price of lessons that have not been pre-paid (as part of a block booking consisting of a minimum 10 hours worth of tuition time ("Block Booking") may be changed at any time. You will receive prior notice of any price increases. Block Booked Tuition The cost of Block Booked tuition is based on the lesson price in force at the time that the booking is made and will be honored for a period of 6 months from the date of making the booking. If You fail to complete your block booking within 6 months from the date of making the booking, any remaining hours will be lost. Block Bookings are non-refundable. Special Offers We also reserve the right to introduce special offers from time to time in respect of both Our On the Road and Off the Road products together with any other products that we may decide. Such offers will not affect the price of Block Bookings unless it is expressly stated within the offer. Payment You must pay for Your good(s) and/or lesson(s) in advance using one of the following methods: - payment via credit or debit card online at www.passndrive.net (3.5% charge) - payment via Bacs by contacting Our Customer Service Contact Centre on 07957 795518 - payment via Pay Pal online at www.passndrive.net (3.5% charge) - payment via cheque made payable to Your Instructor - payment via cash made to Your Instructor Where You make any payments directly to Your Instructor or any of Our Instructors it is Your responsibility to ask for and obtain appropriate receipts or other proofs, in relation to all payments You make to Your Instructor or any of Our Instructors. Where We are able to, We will endeavor to assist with any discrepancies in payments You have made without ever accepting liability for the same.
Learner Driver Tuition - Refund Policy PLEASE NOTE: Due to the nature of Our Intensive Driving Courses, Your deposit will be non-refundable When You have paid the remaining balance for Your course You will not be able to receive a refund. No refund is payable where a period of 6 months has elapsed since Your 1st lesson of the course. Where it is possible to do so, and We agree to refund You any amounts, We will do so using the same method You used when You made the payment. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund You by any other method We deem appropriate. Any refunds made will incur a 5% admin charge of the net total received by us. Any payments made upfront including block bookings are non refundable, If You fail to complete your block booking within 6 months from the date of making the booking, any remaining hours will be lost. We may request additional information from You to confirm Your identity in order to comply with the Money Laundering Regulations 2007; We will also use this information to ensure adherence to Our Merchant Operating Instructions for card collection facilities.
Please note: refunds may take up to 28 working days to reach You or Your account.
Learner Driver Products - Returns/Refund Policy You may cancel Your order for any goods that You purchase from Us without penalty by returning the unused, unopened and undamaged goods within 10 days of Your purchase.
All goods that You wish to return must be in the same condition in which they were supplied to You and in their original packaging. If any of the goods You receive are damaged or faulty on receipt, You must inform Us within 48 hours of receipt and where it is possible, We will provide You with replacements of any goods which are faulty or damaged. If We are unable to replace such goods, We will notify You and You will be entitled to a refund. You will not be entitled to a refund or replacement of the goods if:
1. any goods that You return to Us are in Our opinion used, damaged or not within their original packaging; or
2. You decide You no longer want the goods and do not return them within 10 days of Your purchase; or
3. You fail to inform Us of any faulty or damaged goods within 48 hours of receiving them. Postage and Packaging (P&P) is non-refundable.
Test Fees The Driving Standards Agency (DSA) determines the Theory and Practical test fees. If You would like Us to book Your test on Your behalf, We will be happy to do so and will charge a non-refundable booking fee for doing so. The booking fee will cover any administrative costs that We may incur. If You wish to cancel or rearrange a test that We have booked with the DSA on Your behalf, We will follow the DSA cancellation procedure as set out on the DSA website at http://www.dsa.gov.uk. Currently, the DSA cancellation procedure states that You can cancel or rearrange your test provided You give at least three clear working days' notice. If You require Us to arrange a cancellation or rearrange any driving or theory test on Your behalf, We will require a minimum of 10 working days' notice in order to do so. If You fail to provide Us with a minimum of 10 working days notice You may remain liable for all or some of the test fee and any late cancellation fees. In any event We accept no liability to You for any payments or expenses that You may incur in relation to Your driving and/or theory tests. If you ask us to cancel your test for you we will continue to hold your booking fee for a period of 6 months from when you originally paid your booking fee, please note booking fees are non-refundable. Other Provisions By taking bookings, providing certain information and documentation, and in processing payments, We and the Agent act on behalf of Your Instructor. No contractual liability arises between You and Us or the Agent under the agreement between You and Your Instructor. Neither the Agent nor We have and shall have any liability to You in relation to any injury, loss or damage arising from the use of the tuition vehicle or from the facts or omissions of Your Instructor or any other one of Our Instructors. Further, We will not in any event be liable for any losses relating to any business interests that You may have including but not limited to loss of profits, business, loss of opportunity or any business interruptions or delays that You may incur. This does not apply to any claim You may have for personal injury or death and nothing in these Conditions will affect Your statutory rights. We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third-party industrial disputes, internal industrial disputes where We have taken the reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe weather conditions. We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary. Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than 30 days' notice in writing to Our address below. Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect. Informing You about Products and Services If You have indicated Your agreement We may contact You by mail, telephone, e-mail or SMS/MMS to inform You of any goods, services or promotions that You may of interest to You. If You decide You do not wish to receive such information, please inform Us, but be aware that this will prevent You from receiving Our special offers and/or promotions. Data Protection Notice For the purposes of the Data Protection Act 1998, the data controller in relation to the information You supply is: PASS N DRIVE DRIVING SCHOOL, We may use the information You provide for administration, marketing, customer services and profiling Your purchasing preferences. We do not sell, rent or exchange Your personal information with any third party for commercial reasons. When You give Us information about another person, You confirm that they have authorized You to act for them, to consent to the processing and use of their personal data in the manner described in this notice and to receive on their behalf any data protection notice. You have the right to ask for a copy of Your information (for which We will charge a reasonable fee to cover Our administration costs) and to correct any inaccuracies contained therein. Complaints Procedure If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact: PASS N DRIVE on 07957 795518, Email us at firstname.lastname@example.org We aim to resolve complaints within 5 working days, in some instances we may ask for the complaint to be sent in writing, any requests sent in writing we will try to resolve within 28 working days. Please note: We may record telephone calls for staff training and evidential purposes. Contact us: PASS N DRIVE Driving School 07957 795518, admin@PASSNDRIVE.NET www.passndrive.net