Terms and Conditions

These Terms and Conditions also incorporate our Instructor Code of Conduct and our Privacy Policy.

INTRODUCTION

These Terms and Conditions apply from 1st December  2015 and replace our previous Terms and Conditions.

Any person over the age of 18 making a booking with us will be bound by our Terms and Conditions. Where a booking is made on behalf of someone who is under 18 years of age, the person over the age of 18 making the booking, OR THE PERSON OVER THE AGE OF 18 WHO HAS AUTHORISED A BOOKING TO BE MADE WITH THEIR KNOWLEDGE AND PERMISSION, (such as a parent who may be paying for lessons but allows their child to make the booking), is contractually responsible for ensuring that these Terms and Conditions are adhered to by the person under 18 that the booking is made for, (the Pupil).

We reserve the right to amend our Terms and Conditions, Instructor Code of Conduct and Privacy Policy at any time, but you will be subject to the Terms and Conditions in force at the time you book with us. You should therefore print a copy of these Terms and Conditions when you book for your future reference and peace of mind.

  1. Definitions

–           The Driving School is the A2Z of Motoring, company registration number 09161514, (which also operates under the Trade Name of A2Z of Motoring), whose registered office is at Suite 209, Alcoa HQ Buildings, Westfield Industrial Park, Waunarlwydd, Swansea, SA5 4SF.

–           A Pupil is a person who has booked their first driving lesson through the Driving School’s central booking service. Any person who has booked their first lesson directly with an Instructor or has booked via the Driving School but asked to be placed with a particular Instructor is considered to be a Pupil of the Instructor and not a Pupil of the Driving School.

–           A Tuition Hour is the unit of time upon which the price of a Driving Lesson is based. As at the date of these Terms and Conditions, and until amended, a Tuition Hour is 60 minutes long.

–           A Driving Lesson is the period of one or more Tuition Hours where practical instruction is to be provided together with the necessary explanations being carried out in a motor car.

–           The Instructor is a self-employed person who is properly licensed or registered to conduct Driving Lessons for money or monies worth and who has entered into an agreement with the Driving School to provide tuition services to members of the public using the Trade Name and following the Driving School’s Code of Conduct.

–           An Intensive Course is a number of Tuition Hours purchased that are intended to be taken over a shorter period of time than an equivalent number of Tuition Hours might usually be taken.

–           An Under 17 session is a period of time provided on a private off-road area that is suitable for pre-learners under the age of 17 to be given Driving Lessons subject to the additional relevant clauses described herein.

–           The DVSA is the Driver and Vehicle Standard’s Agency who are responsible for registering, monitoring and policing licensed and registered Driving Instructors in the UK.

  1. Introduction

The Driving School works for Instructors as their agent. The Pupil is deemed to have accepted these full Terms and Conditions when taking Driving Lessons and the Driving School will not accept responsibility for misunderstandings if a Pupil does not read these Terms and Conditions.

  1. Copyright material

The “A2Z of Motoring” and “0800 30 60 70” logos used by the Driving School are copyright and belong to the Driving School, not the Instructor. An Instructor is not authorised to commit the Driving School contractually in any matter; only the signatures of two authorised directors of the Driving School are empowered to do that. Materials may be provided to Pupils that are copyright and when a Pupil stops having Driving Lessons with the Driving School they must stop using such materials.

  1. Driving licence

A Pupil must be in possession of an appropriate driving licence when driving a motor car on the highway. A licence is not required for tuition conducted with drivers under 17 on our private site.

  1. Postponement or cancellation of lessons

You must give us at least two clear working days notice to alter or cancel a lesson or you will be charged. We will give you the same notice otherwise you may claim compensation from your Instructor. If a postponement by us causes cancellation of a driving test, the Instructor will reimburse the Pupil with the lost fee.

  1. Postponement or cancellation of driving test

Details about the notice the Driver and Vehicle Standards Agency, (the ‘DVSA’), needs to postpone or cancel a driving test are on the letter which will be sent to the Pupil by the DVSA to confirm the test. The Instructor will try to advise about cancelling a driving test in time to preserve the Pupil’s right to a refund of the test fee but this cannot always be guaranteed and depends on the Pupil’s progress as they near a test date. Neither the Driving School nor the Instructor accept responsibility for driving tests postponed or cancelled by the DVSA. However, advice will be given on how to make a claim if the test has been cancelled at short notice by the DVSA.

  1. Communication with the Instructor or the Driving School

Telephone messages can be left for the Instructor at the head office of the Driving School using its advertised telephone number and we aim to record all such calls. Pupils can also send letters addressed to the Instructor to the head office. Written notes or recordings of telephone calls may be kept by the Driving School, together with emails and other electronic materials and may be used to investigate complaints or otherwise improve services.

  1. Driving Instructors

The Driving School has been promised by Instructors that they shall be legally entitled to give instruction and also be properly insured in any car used by them. Instructor’s documents will be prominently displayed on the tuition vehicle’s front windscreen. Instructors are also required to follow the Driving School’s Code of Conduct and the Driving School’s operating procedures. Any breach of these requirements should be reported to the Driving School at its head office.

  1. Change of Driving Instructor

Pupils who book an intensive course will not be eligible to change Instructors. Pupils otherwise wanting to change their Instructor should notify the Driving School. If the Driving School cannot change instructors for standard Driving Lessons the Pupil shall be entitled to the return of any unexpired fees paid in advance in accordance with these Terms and Conditions. When an instructor leaves the Driving School, arrangements will be made for lessons to be conducted with an alternative Instructor of the Driving School. Instructors are not allowed to conduct lessons with Pupils for a period of 6 months after their association with the Driving School has ended without our express written permission and any such lessons conducted should be notified to the Driving School.

  1. Duration and pick up of Driving Lessons

The length of a Tuition Hour will be set each year by the Driving School and is described in the Definitions herein. It will be assumed that the drop off location at the end of the lesson will be the same as the pick up at the start unless alternative arrangements have been agreed with the Instructor or the Driving School prior to the start of the lesson. Instructors are not bound to make such alternative arrangements. Unless specifically requested otherwise by the Pupil, some Instructors may operate a piggy back system when running their appointments. Some Instructors do this because they feel it might benefit their Pupil and if this happens some Pupils may not be returned home until up to half-hour after their lesson has ended.

  1. Price and type of Driving Lessons and collection of money

The price of a Tuition Hour and any discounts or special offers available is set each year by the Driving School after consultation with Instructors, and details are available on our website. Pupils’ money that is paid directly to an Instructor will be held by the Instructor and any refunds must therefore be obtained from the Instructor to whom money was paid. The Driving School will act for a Pupil to recover a refund if asked, but will only accept responsibility for money paid directly to it. A full accounting of money and lessons is available upon request from the head office, or via the pupil login section of the Driving School website at www.A2ZofMotoring.co.uk. A reasonable charges may be made to cover credit card transactions or in the event of a dishonoured or represented cheque.

  1. The Driving test

The Instructor will advise when to make a driving test application. The timing of a test application requires a degree of professional judgement by the Instructor and no responsibility can be accepted in this regard. No responsibility is accepted by the Driving School or the Instructor for any delay in making an application for a test for any reason. Pupils who receive an appointment for a driving test must immediately inform the Driving School of the details if they want to reserve the Instructor’s car for the test. If the car is already booked, a change of test date may be necessary. Pupils booking their own Driving Test without the knowledge or permission of the Instructor will not be taken on that test in the Instructor’s tuition vehicle.

  1. Use of Instructor’s car for driving test

Applications for driving tests are advised when the Pupil’s progress is expected to be maintained and their future co-operation is anticipated. It does not imply that the required standard has been reached nor that it will for certain be attained by the test date. The Instructor, if necessary, will advise postponement or cancellation if the Pupil’s interests and/or public safety will be best served. The Instructor will withhold the use of the tuition car for the driving test if, in their considered opinion, the Pupil has for any reason not reached a satisfactory stage of driving competence, even if the test had been applied for with the Instructor’s knowledge and consent. Pupils who undertake an Intensive course or apply for a test at short notice should pay particular attention to this clause.

  1. Monitoring of Instructors

For the purpose of ensuring satisfactory standards it may be necessary for a supervisor to be present in a tuition vehicle during some lessons. Such person will not take any part in the Instructor’s work or duties.

  1. Punctuality

While all care is taken to ensure that Pupils receive tuition at the time and in the car booked by them all appointments are made on the understanding that neither the Instructor nor the Driving School will accept liability for the late start or postponement or cancellation of Driving Lessons due to causes beyond their control.

  1. Change of Instructor

The Driving School reserves the right to change a Pupil’s Instructor without notice. A Pupil may request a change of Instructor at any time up to 3 days before a Driving Lesson has been booked, EXCEPT WHERE AN INTENSIVE COURSE OR UNDE 17 SESSION HAS BEEN BOOKED. The Driving School will not change Instructors on an Intensive Course of under 17 session, except where the original Instructor is unable to fulfil their duties.

  1. Under 17 sessions

Pupils taking part in Under 17 driving sessions must satisfy the following conditions:

–           participants must be over 14 years of age and at least 1.42 metres tall and capable of reaching the necessary controls of their tuition vehicle;

–           participants must be accompanied throughout their attendance at the Under 17 venue by an adult or guardian or a responsible adult over the age of 18 years;

–           participants must be in good health and have eyesight at least to the standard required by law for driving;

–           participants must be free from any medical conditions that may affect their ability to drive, and free from alcohol or drugs;

–           participants must not use a mobile phone or other communications device whilst driving the tuition vehicle;

–           participants must wear a properly fastened seatbelt at all times whilst in the tuition vehicle;

–           participants must comply with all reasonable requests from the Driving School or the Instructor during all Under 17 sessions;

–           participants may be filmed and recorded as part of their involvement in Under 17 sessions, and the intellectual property rights of such footage are property of the Driving School and may be used for marketing or any other reasonable purpose by the Driving School.

The decision of the Driving School is final in all matters appertaining to Under 17 sessions and the responsible adult accompanying the participant is responsible for the conduct of the participant whilst on site and for any breaches of the terms of this clause by the participant.

  1. Refunds for Driving Lessons

If a prepayment is made for Driving Lessons, (excluding Intensive courses and Under 17 sessions), any refund for Driving Lessons not taken and not forfeited will be calculated on the basis that the Driving Lessons taken or forfeited are to be charged at the full lesson rate and a reimbursement made of the unused portion of the prepayment, less a reasonable administration charge which may be made. Driving lesson refunds should be requested through the Driving School although there may be a delay in making refunds where the Instructor is holding money that has been paid directly to them. PLEASE NOTE THAT ALTHOUGH THE DRIVING SCHOOL WILL MAKE EVERY EFFORT ON YOUR BEHALF TO COLLECT AND REPAY MONEY HELD BY AN INSTRUCTOR, NO RESPONSIBILITY IS ACCEPTED FOR ANY MONEY NOT PAID DIRECTLY TO THE DRIVING SCHOOL.

  1. Refunds for prepaid Intensive Courses and Under 17 sessions

Prepayment must be made for Intensive Courses and Under 17 sessions and our refunds policy for Intensive Courses and Under 17 sessions is different from our refunds policy regarding normal Driving Lessons. Refunds for Intensive Courses and Under 17 sessions will be made on the following basis:

  Intensive Courses Under 17 sessions
Over 30 days notice: Refund except deposit Full refund *
15 to 29 days notice: No refund 50% refund *
14 days notice or less: No refund No refund
  * Less a reasonable administration charge

In exceptional circumstances, the Driving School at its sole discretion may, as a goodwill gesture, reschedule an Intensive Course or Under 17 session where otherwise the strict implementation of this clause may result in unreasonable loss to the Pupil.

  1. Transferability of Driving Lessons and Courses

Standard Driving Lessons may be transferred up to 2 clear days before the lesson appointment is scheduled, although the Instructor reserves the right to reduce the duration of the lesson if additional travelling time is required to collect the new Pupil from a different address than had been originally agreed.
Intensive Courses are not transferrable.
Under 17 sessions nay be transferred up to and including the day that the session is booked for, subject to the other Terms and Conditions contained herein.

  1. Conditions attached to Special offers and Gift vouchers

Special offers cannot be used in conjunction with another offer and more than one discount cannot be applied to one transaction. Individual courses and occasional offers may have special conditions attached to them and where those conditions exist they will have priority over the Terms and Conditions as described herein. Special offers are not transferrable and there is no alternative reward if the existing Pupil cannot make full use of the Special offer for any reason. Special offers may be withdrawn at any time without notice. All Gift vouchers, unless specified otherwise on the voucher itself, are valid for 6 months from the date of purchase.

  1. Complaints

The Driving School will investigate all complaints and respond after having investigated. Complaints should be made not more than seven days after the date which gave rise to the complaint otherwise the matter may not be capable of being properly investigated. Every effort will be made to resolve every complaint but these Terms will form the basis of deliberation. Should the Pupil not accept the Driving School’s recommendation they can contact the Registrar of ADI’s or otherwise refer the matter to the Small Claims Court to recover money held by the Instructor.

  1. Limit of liability in dealing with Driving Lesson complaints

Any refund resulting from a complaint being upheld will be limited to the value of the Driving Lesson that gave rise to the complaint. No refund will be given in respect of any lessons that were conducted prior or subsequent to this. Neither the Driving School not the Instructor shall be liable for any consequential loss, including but not limited to travel and hotel expenses.

  1. Waiver without prejudice

If the Driving School does not enforce any of these Terms or Conditions it will not prevent any subsequent enforcement of the Terms or Conditions. These Terms and Conditions can only be changed in writing by at least two of the directors of the Driving School and will then be displayed on our website with the date from which the amended Terms and Conditions will apply.

  1. Website statistics

For purposes of our website the following special definitions and conditions apply:

  1. i)   A lesson is deemed to be “on time” if it is commenced within 15 minutes of the appointed time.

    ii)   Statistics are calculated from 1st January 2001 unless specified otherwise.

    iii)       If a website statistic calls upon data that does not exist in a pupil record then that pupil record is not included in the statistic.

    iv)       Where rounding occurs, figures are rounded up.

  2. Forms of communication

For purposes of applicable law, our communicating with you by email or email attachments or via our website or by any other electronic means is deemed to be communication in writing. We may also rely on tape recordings of telephone conversations we have had with you. This condition does not affect your statutory rights. A full copy of these Terms and Conditions is available from our website or can be emailed free of charge to any person upon request.

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Code of conduct

This Code of Conduct applies from 1st January 2016 and replaces our previous Code of Conduct.

  1. Personal conduct

Your Instructor will at all times behave in a professional manner towards you. You will be treated with respect and consideration. Your Instructor will try to avoid physical contact with you except in an emergency or in the normal course of greeting. Whilst reserving the right to decide against giving tuition, you will not act in any way which contravenes legislation or discrimination.

  1. Business dealings

Your Instructor will safeguard and account for any money paid in advance by you in respect of driving lessons, test fees or for any other purpose and will make the details available to you on request.

The Driving School on or before the first lesson will advise you of the main Terms and Conditions and can advise you where you can obtain, without charge, a written copy of those full terms which will include:

  • the legal identity of our Driving School with a full address and telephone number at which your Instructor or his/her representative can be contacted
  • the price and duration of Driving Lessons
  • the price and conditions for use of the Driving School car for the practical driving test
  • the terms under which cancellation by either party may take place
  • the procedure for complaints

The Instructor will check your entitlement to drive the vehicle and your ability to read a number plate at the statutory distance on the first lesson. When presenting you for the practical test your Instructor will ensure that you have all the necessary documentation to enable you to take the test and that the vehicle is road worthy.

Your Instructor will advise you when to apply for your theory and practical tests, taking account of local waiting times and forecast of your potential for achieving the driving test standard.

Your Instructor will not cancel or rearrange a driving test without your agreement. In the event of your Instructor’s decision to withhold the use of the school car for the driving test, he or she will aim to give sufficient notice to you to avoid loss of the DVSA test fee.

Your Instructor should at all times, to the best of his or her ability, endeavour to teach you correct driving skills according to the DSA’s recommended syllabus.

  1. Advertising

The advertising of driving tuition shall be honest; claims made shall be capable of verification and comply with codes of practice set down by the Advertising Standards Authority. Advertising that refers to any pass rates will not be open to misinterpretation and the basis on which the calculation is made will be clear.

  1. Conciliation

Complaints should be made in the first instance to the Driving School following the complaints procedure issued. Failing agreement or settlement of a dispute, reference may be made to DVSA’s Registrar of Approved Driving Instructors who will consider the matter and advise accordingly. Should the Registrar not be able to settle the dispute he or she may set up a panel, with representatives from the driver training industry, to consider the matter further or advise that the matter should be referred to the courts or other statutory body to be determined.

  1. For further information or advice, write to:

The ADI Registrar – Driver and Vehicle Standards Agency
P O Box 280
Newcastle upon Tyne
NE99 1FP

Telephone 0300 200 1122

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Privacy policy

This Privacy Policy applies from 1st January 2016 and replaces our previous Privacy Policy.

  1. Application

The A2Z of Motoring is a UK based driving instructor franchisor. We are committed to protecting your privacy and this privacy policy covers our website at www.a2zofmotoring.co.uk. Specifically:

–           You can access our web site and browse without providing data although your IP address is used to gather broad demographic information.
–           Our PUPILS section enables existing pupils t access their own records online and to cancel or make new lesson appointments.
–           Our web site gives you a list of the services we provide and the prices we charge for those services.
–           Our web site contains links to other relevant web sites.

  1. Data collection and purpose specification

We can take bookings and accepts cancellations over our website for existing pupils who are registered with us and we need to know your postcode to give you lesson prices if you are a potential new pupil. If you contact us by e-mail we will ask for your e-mail address. An amount of data may be retained by us in connection with these facilities.

  1. Children and privacy

Parts of our website are relevant to persons under 17 years of age, particularly the sections relating to our under 17 driver education programme. Any personal information solicited from persons under the age of 17 will be wholly relevant to our driver education programme and collected for the purpose of answering any questions that may arise about that facility. Any bookings subsequently made by any person under 17 will be made with the knowledge and consent of a parent or guardian or an appropriate adult. We will only communicate directly with persons under the age of 17 in connection with bookings that have been made or need to be made, such as in sending a text reminder of a forthcoming appointment.

  1. Third party sites

Our website contains links to other sites. We do not share your personal information with those websites and we are not responsible for their practices. We encourage you to learn about the privacy policies of those companies as such sites may collect personal data about our visitors.

  1. Automatic collection of information and disclosure

We do not use cookies to store personal data about specific individuals and we do not disclose your personal data to other organisations.

  1. Changes to this Privacy Policy

Changes will amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.

  1. Data Protection

A2Z of Motoring is registered under the Data Protection Act and is committed to upholding the eight Data Protection principles of good information handling practice.
Specifically, this means that data must be:

(i)        Fairly and lawfully processed
(ii)       Processed for limited purposes
(iii)     Adequate, relevant and not necessary
(iv)      Accurate
(v)       Not kept longer than necessary
(vi)      Processed in accordance with the data subject’s rights
(vii)     Secure
(viii)    Not transferred without adequate protection

A full explanation of these principles can be found at: http://www.ico.org.uk.for_the_public

  1. Questions or suggestions

If you have questions or concerns about our collection, use, or disclosure of your personal information please e-mail us at mail@a2zofmotoring.co.uk or telephone us on 01792 870701 or write to us at A2Z of Motoring, Suite 209, Alcoa HQ Building, Westfield Industrial Park, Swansea, SA5 4SJ.

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