The following terms and conditions represent the basis upon which I offer driving lessons and courses to you (the student). However, my continued ownership of Confident Driving School is dependent upon me maintaining the highest standards of service and behaviour.
1. General conduct
I will be courteous, polite, tidy and punctual. I will behave in a professional and ethical manner at all times. My training car will be well maintained, clean and tidy (weather permitting). My car is fitted with dual controls and is fully insured for driving tuition purposes. I will not smoke in the training car at anytime, nor will I use your lesson time for any other form of business, personal or otherwise without your expressed permission.
I am legally authorised to give driving tuition in the UK by the Driver and Vehicle Standards Agency (DVSA).
3. Driving Licence and eyesight
As required by law, you must hold a current, valid driving licence (provisional or full), which must be produced on or in advance of your first driving lesson. You must also check you can read a number plate at a distance of 20.5 metres (i.e. 67 feet - about 5 car lengths) with prescribed visual aids (i.e. contact lenses or glasses) if normally worn. Please note if you need contact lenses or glasses to achieve this, you must make sure you wear them on each and every
driving lesson. Failure to do so will terminate the lesson for safety and the full training fee for the period in question will be lost or charged.
4. Safety, comfort and well being
Safety is a shared responsibility as identified below:
a) In the interests of comfort and safety you are advised to wear suitable footwear and clothing.
b) It is important you act responsibly at all times and give your undivided attention to the driving task at hand. Should anything be distracting you during your lesson it is important you make me aware of this fact even if it is something I am
doing. Similarly if you are feeling uncomfortable or uneasy about any driving task please let me know. I will be grateful for your feedback and I will think no less of you for doing this.
c) In an emergency situation it is important you follow my instructions and allow me to take control of the steering wheel if necessary to avoid an incident. I may also need to make use of the dual controls (i.e. brake and or clutch pedals) and thus override your use of them. As soon as it is safe to do so I will advise you of why my actions were necessary
and help you to calm down if required. Any subsequent discussion will focus on what can be learnt rather than who was to blame.
d) I will do my best to deliver any instructions or take any actions (even in an emergency) in a calm and measured manner so as not to alarm you or make you feel uncomfortable or disheartened in any way. I will definitely not shout
at you or make any sarcastic or derogatory remarks.
e) You can be assured I will not use improper language or suggestive behaviour and/or physical contact.
f) You must take note of any medication you are taking which may affect your ability to drive safely and advise me accordingly before taking any lesson booked.
Similarly, you should inform me of anything you feel might impact on your ability to undertake the proposed lesson safely.
g) In the event it becomes apparent you are unable to concentrate due to illness, tiredness, or your emotional state of mind I reserve the right to terminate the lesson early or require your agreement to choose an alternative learning
activity which can still be undertaken safely.
5. Driving under the influence
To ensure the safety of you and other road users I reserve the right to cancel any lesson if you are or if I suspect you
are under the influence of drugs, legal highs and/or alcohol (prescribed or otherwise). If this occurs the full training fee for the period in question will be lost or charged.
6. Lesson cancellation and postponement
a) If you cancel your lesson with less than 24 hours notice, you will be liable for the price of what your lesson would have been charged at. You may lose, or be required to pay for, any lessons booked in my diary which are postponed or cancelled by you, with more than 24 - 36 hours notice especially if I am unable to obtain new replacement work for those appointment time(s).
b) I, however, reserve the right to postpone lessons through no fault of my own, for circumstances such as family emergencies, mechanical breakdown of the tuition car or bad weather which may affect your ability to learn safely, heavy traffic, or the previous student’s lesson or driving test has overrun for unavoidable reasons, and it means I cannot arrive at your lesson within good time, I will rearrange your lesson for the next available, mutually convenient, date and time. If I am late to your lesson for reasons such as the above, you will still receive the full lesson time. Unfortunately, I cannot be held responsible for any costs incurred as a result of me having to postpone any lessons, for whatever reason.
c) If I feel your behaviour or attitude whilst driving is threatening, dangerous, or compromises safety, I reserve the right to cancel the lesson in progress and any future lessons. I cannot risk a driver who threatens their own, mine, other road users or pedestrians safety.
In your own interests you are advised to be punctual for your lesson appointments. I would normally wait for you for a maximum of 15 minutes before the lesson would be abandoned and the lesson fee forfeited or become due for payment. A reciprocal waiting time may become necessary if I am delayed due to unforeseen circumstances. I will make up any lesson time lost as a result of this at the end of the normal lesson time or as soon as possible.
a) Your lesson rate is as agreed with me.
I accept payments in the form of cash, bank transfer, cheque, or gift vouchers.
b) Lesson payments must be made prior to the lesson commencing. The first lesson requires payment upon booking it into my diary which will be sent via an emailed invoice. This will secure your booking and cancellation terms will apply. At the end of each lesson you will then be required to pay for the next lesson/diary booking. This payment will roll over and be used against any short notice cancellations or to pay for the use of my tuition car for your driving test.
Block booking payments must be made up front, and before the first lesson commences.
c) If you are taking either a Booster Course or Semi-Intensive Training, you are required to make payment for the course. To book a course, a 50% deposit or the full course fee (if the course start date is within 4 weeks of the booking date) is required.
The deposit or any subsequent training fees paid are NOT refundable in the event you decide to cancel the training once the booking has been accepted by me and placed in my diary. At this point a binding agreement is made between yourself and me. This does not in any way affect your statutory rights to be provided with the goods and services you have bought (please see term 12).
d) A full refund will be given if I can not satisfy any special requirements noted and as shown under “Special Requirements” on your booking/confirmation form. I cannot issue a refund for any lessons already taken. If you are dissatisfied with a lesson for any reason, please do talk to me as soon as possible and we may be able to work something out.
9. Accidents & The Law
I make every effort to avoid damage and accidents, and I do anticipate that accidents may happen as you are learning to drive. However, if I believe you were driving in a dangerous manner or ignoring my instructions and actual damage is caused to the tuition car, you may be expected to contribute towards the cost of repairs (ie. tyres).
I will make every effort to avoid you breaking the law or committing any traffic offence – you are under my close supervision during every lesson and I may use controls such as speed limiters, and verbal or physical control such as giving verbal instruction, taking the steering wheel or using the dual control pedal(s) where necessary, to avoid dangerous situations or accidents. However, I cannot accept any responsibility of you breaking the law – this includes speeding, traffic offences, regulations, or laws that you could break whilst driving. Any fines or penalties are legally the sole responsibility of the driver. It is an offence on my part, if I fail to give the driver’s details to the DVLA or Police when asked to provide that information as to who was driving at the time of an offence. This also applies during your driving test where you are officially driving un-supervised - DVSA Examiners are NOT operating in a supervising capacity.
10. The Driving Test
Driving tests will be booked by me on your behalf. Driving test bookings always take priority over other lessons. Therefore, your lesson may be postponed to allow for someone else's driving test and vice-versa. Changes to lesson bookings as a result of this will be notified immediately. Please do not book your own test as I may not be able to fulfil the appointment.
b) Use of the vehicle
In the interests of customer and public safety I reserve the right to withhold the use of the training car for the test if, in my opinion, your driving is actually or potentially dangerous - behaviour which if repeated on the test would result in
a test failure and or an accident, rendering my tuition vehicle unusable. I further reserve the right to refuse to take you to your driving test if you haven't moved your driving test date when I advised you to, if you haven't had regular lessons, or I believe you are unsafe to be driving my tuition car by yourself on test.
c) Test cancellation
Three clear working days (Sundays and public holidays don't count as working days) notice of test cancellation or postponement is required by the DVSA. Therefore, to cancel a test booked for a Friday we would need to do this online no later than the preceding Monday thus giving three clear working days (i.e. Tuesday, Wednesday and Thursday). Failure to provide the required notice will result in the loss of your test fee. I cannot be held responsible for any postponement or cancellation of tests by you or the DVSA. However, I will help to arrange another test as quickly as possible and to reclaim expenses from the DVSA if appropriate.
In the event of a complaint I would be extremely grateful if you would give me the opportunity to resolve the matter in
the first instance. However, please do not let a problem linger.
12. Your statutory rights
Nothing in these terms and conditions will reduce your statutory rights relating to faulty goods or services provided. I have a statutory obligation to provide you with goods and services fit for the purpose for which they were bought and as described. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizen’s Advice Bureau.
From time to time it may be necessary to append additional terms and conditions to services provided. These will be drawn and agreed on an ad-hoc basis for a time limited period.
To safeguard you, me, and my other students while COVID-19 remains a threat it will be necessary to abide by the following additional terms and conditions. These terms and conditions are designed to help reduce the risk of contracting or transmitting the virus while taking driving lessons. Where there is any conflict between my standard terms and conditions of service and those listed below, these will take precedence.
1. What are the risks of contracting COVID-19
COVID-19 is an extremely contagious disease that can lead to severe illness and in some cases death. I will do my best to minimise the risk to you by sanitising those surfaces that you might touch and by ventilating the car whenever possible before each lesson. Due to the fact we will not be able to observe the 2 metre social distancing rule while in the car, and because we will be operating in a confined space used by a number of different people, I am unable to guarantee you will not be infected by COVID-19 during your driving lessons.
Due to the infectious nature and potential effects of contracting COVID-19 the United Kingdom has been in a state of ‘Lockdown’. During this time, the Driving Instruction Agency has only been able to offer paid lessons to students that were classified as a key worker or critical worker, who were at or almost at test standard AND had a practical test booked or applied for. Confident Driving School can confirm that no such lessons or tests have been carried out and all school instruction stopped on 20/03/2020.
2. Accept full responsibility should you or a member of your household become infected
By undertaking driving lessons with me you are agreeing to
a) accept full responsibility (except where I am negligent) for any loss, cost, or expense you might incur should you contract COVID-19 or pass it on as a result of taking driving lessons with me
b) not take any action against me to recover any such loss, cost, or expense.
3. Consider whether you or a member of your household might be particularly vulnerable
If you or any persons you are likely to be in contact with are at risk of having a severe form of the illness as a result of being infected by COVID-19 (e.g. senior citizens, pregnant women and those with underlying medical conditions) please consider very carefully whether you should be taking a course of driving lessons at this point in time.
4. Immediately let me know if you or any members of your household have been exposed to serious risk of contracting COVID-19, tested positive for it, advised to self-isolate or shown symptoms of it.
If you know you may have potentially been in a situation where you or any member of your household may have contracted COVID-19, been tested positive for it, advised to self-isolate (e.g. NHS Test and Trace or equivalent) or shown symptoms (see below) it is vital that you let me know as soon as possible. Please note, I do not need personal details of any individual to whom this may relate.
COVID-19 symptoms include:
1) a high temperature (38C or above)
2) a new, continuous dry cough
3) unexplained loss or change to your (or their) sense of smell or taste
This list is not exhaustive. For the latest information please refer to the Government guidelines or refer to the NHS symptom checker.
Without charge to you this will help me to decide whether it will be necessary to postpone any future lessons until it is safe to continue based on the latest Government guidelines. Should I discover you could have given me more notice of this I reserve the right to charge you for any driving lessons postponed.
5. Be prepared to answer truthfully any questions I might ask before any driving lesson about potential COVID-19 exposure or symptoms
I may need to ask you questions about whether you have been in contact with people:
a) who might be infected (e.g. advised to self-isolate) or
b) who might have recently returned from abroad or
c) who you know are definitely infected or
d) who are particularly vulnerable to a severe form of the COVID-19 illness (also see 3 above).
I will also need to ask you about whether you or indeed anyone else in your household have experienced symptoms (see 4 above). I MUST have a response to these questions by 0800 the day of your lesson. If I do not receive confirmation of being free of symptoms or anyone you have been in contact with I reserve the right to cancel and charge for the lesson.
I may need to take your temperature using a non-contact thermometer. Please note I do not need personal details of any individual to whom the above may relate.
Without charge to you, I reserve the right to postpone the lesson if I suspect you may have symptoms consistent with being infected by COVID-19 or have been seriously exposed to it until it is safe to continue based on the latest Government guidelines. Should I discover you could have given me more notice of this information I reserve the right to charge you for any driving lessons postponed as a result.
6. Reciprocal information about me and the need for action regarding points 4 to 5
I will inform you if I suspect I or anyone in my household have:
a) been exposed to a serious risk of contracting COVID-19 or
b) tested positive for COVID-19 or
c) exhibited symptoms of COVID-19 infection or
d) been advised to self-isolate.
If so, I may need to postpone your driving lessons (including attending any driving test) and self-isolate, based on current Government advice, for at least 14 days or indeed longer in the case of a severe infection. In this instance any scheduled lessons would be carried forward until I was in a position to resume training. Should I or a member of my family, fall ill with COVID-19 symptoms, resulting in self-isolation and testing being required, within a timeframe that could impact your test, then every effort will be made to place you with an alternative instructor utilising the network of local ADIs.
7. Wear a face covering or mask during the lesson
The wearing of a face covering, or mask is recommended if social distancing is not possible. Therefore, I will require you to wear a face covering or mask during the lesson unless you have a good reason not to. This includes if:
a) you have a physical or mental illness or impairment, or a disability that means you cannot put on, wear, or remove a face covering
b) putting on, wearing, or removing a face covering would cause you severe distress
c) you need to remove it during your test to avoid harm or injury or the risk of harm or injury to yourself or others
You need to say if you have a good reason not to wear a face covering when you arrange your lessons and for when I arrange your driving test.
Please bring your own face covering or mask, which should be one that you feel comfortable wearing. This must not interfere with your ability to drive safely.
Please notify me at least 48 hours prior to any driving lesson if you do not have a suitable face covering or mask. I may be able to supply a disposable mask or a reusable mask at an additional cost. I reserve the right to postpone the lesson in this situation without charge. However, should insufficient notice be given, and you turn up for a lesson without a suitable face covering or mask I also reserve the right to postpone and charge for the lesson.
8. Properly wash your hands and face just prior to each lesson
Please wash your hands, face, and any bare arms thoroughly with soap and water for a minimum of 20 seconds immediately prior to attending a driving lesson. I will still require you to sanitise your hands, after fitting a face covering or mask and prior to entering the car, using a suitable product that I will supply for this purpose. If you cannot do this for medical reasons you may be required to wear suitable gloves instead.
Gloves may be worn provided they are suitable for driving and either single use or cleaned prior to getting into the car with hand sanitiser. Gloves must be suitable and ensure that they will allow safe use of the car’s control devices and provided by you.
I will also make sure my hands are clean. At certain intervals it may be necessary for you to re-apply hand sanitiser or wash as I direct; ie Should any direct physical contact occur, for instance in preventing a safety critical incident, then we will park at the first safe, legal and convenient place and thoroughly cleanse the touch points with hand sanitiser.
9. Wear suitable clothing
Ensure you wear clothing that is suitable for driving and ensure that there is no skin to fabric/leather contact on seat pad and back and seatbelt. Please also take into consideration section 12 below.
10. Avoid having to bring any extra objects to the driving lesson
Please be mindful not to bring any objects with you that may potentially be a carrier for COVID-19, if at all possible. You can bring your phone with you provided it is switched off and can be kept on your person. Anything that cannot be kept on your person will need to be placed in a plastic bag provided by me for this purpose and returned to you at the end of the lesson. Any water bottles bought into the car during hot weather MUST be sealable, fit into the door pocket and also be placed into a sealable bag (ie: a large Zip-loc bag) which can be wiped with cleansing/sanitising solution.
11. Avoid paying in cash
Payment is to be made via BACs in advance of lessons wherever this is possible. If not possible, payment must be made via in car card payments.
No paper receipt will be issued, but electronic receipt sent via email or by utilising the Total Drive training app.
Normal cancellation policy remains in place unless a positive Covid-19 test is recorded.
12. Car ventilation
It is known that COVID-19 transfer is reduced in open spaces therefore I will ventilate the car by keeping the rear windows partly open during the lesson, regardless of the weather conditions. On a driving test 2 windows must be partially open and at the examiners discretion they may have them fully open regardless of the weather conditions. Please dress appropriately so not to be too cold especially in the winter/cold months.
13. Vehicle Cleanliness
I will spray all internal areas of the vehicle with “Microbe Shield Surface Sanitiser Spray” which kills 99.99% of germs and keeps critical surfaces and touch points hygienic for longer. This sanitising germ protection spray keeps surfaces germ-free for up to 30 days. However, will be reapplied every 14 days.
I will wipe clean (with anti-bac cleanser) all touch surfaces inside and outside the vehicle immediately prior to and post every lesson. This process does not interfere with the effectiveness of the Microbe Shield Surface Sanitiser Spray.
A cleaning log will be completed for every cleansing activity and will be available for inspection on demand by all interested parties.