Terms and Conditions of Business

Introduction

The following terms and conditions represent the basis upon which driving lessons and courses are offered to you by your 1st Gear Driver Training instructor. Please note the contract for service is between yourself and the instructor. Each instructor operates his or her own driving school business and has agreed to be bound by the following terms and conditions.

1. General Conduct

All instructors are bound by a professional code of conduct. Your instructor will be courteous, polite, tidy and punctual. He or she will also behave in a professional and ethical manner at all times. Your instructor’s car will be well maintained, clean and tidy. All cars used by instructors are fitted with dual-controls as part of their standard equipment. The cars are of course fully insured for driving tuition. Instructors will not smoke in the car while giving tuition, nor will they use your lesson time for any other form of business, personal or otherwise.

2. Qualifications

As a minimum your instructor will be licensed by the Driver and Vehicle Standards Agency (DVSA) to give driving tuition.

3. Course Materials

Your instructor may at their discretion supply or rent them to you and if rented may ask for a small deposit to ensure their safe return at the end of the training.

4. Driving Licence and Eyesight

The learner must hold a current, valid driving licence (provisional or full), which must be produced on or in advance of their first lesson. The learner must also check that they 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. It is the learners responsibility to ensure they are medically and legally fit to drive before each lesson.

5. Payments

Please note payments must be made in advance of the training. 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.

Please note the deposit or any subsequent training fees paid are not refundable in the event that you decide to cancel the training once the booking has been accepted by your local instructor and booked into their diary. At this point a binding agreement is made between yourself and the instructor. This does not in any way affect your statutory rights to be provided with the goods and services you have bought (please see term 13). Please also note that a full refund will be given if your instructor is unable to meet any special requirements noted and as shown under “Special Requirements” on your booking confirmation. You must notify any special needs at the point of booking to confirm suitability for training.

7. Lesson Postponement
Provided the instructor can easily obtain additional work for any individual lessons postponed no penalty will be incurred. If this is not possible the full training fee for the period in question may, at the total discretion of the instructor, be lost or charged. Your instructor reserves the right to postpone lessons if he or she feels that the weather or road conditions are unsuitable or dangerous. Any lessons postponed will be rescheduled at a mutually agreed time. The instructor cannot be held responsible for any costs incurred as a result of him or her having to postpone any lessons, for whatever reason.

8. Driving under the Influence
To ensure the safety of you, your instructor and other road users your instructor reserves the right to cancel any lesson if you are or if they suspect you are under the influence of drugs and or alcohol. If this occurs the full training fee for the period in question will be lost or charged.

9. The Driving Test
a) Bookings

Driving tests can be booked by you or your instructor 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. Test appointments must be notified to your instructor as soon as they are known to you, otherwise he or she cannot guarantee to provide a vehicle for the test.

b) Use of the vehicle

In the interests of customer and public safety your instructor reserves the right to withhold the use of a car for the test, if, in their opinion your driving is actually or potentially dangerous.

c) Test cancellation

Three clear working days notice of cancellation or postponement is required by the DVSA. Failure to provide the required notice will result in the loss of your test fee. Your instructor cannot be held responsible for any postponement or cancellation of tests by you or the DVSA. However, they will do all that is possible to arrange another test as quickly as possible and to help you to reclaim expenses from the DVSA. If your driving test is cancelled within 48 hours the full fee for the day will be payable to your instructor, who will issue you with a receipt to claim from the DVSA.

10. Punctuality

In their own interests learners are advised to be punctual for their lesson appointments. All such appointments should be recorded (and checked where possible by their local instructor) to ensure that mistakes are avoided. The instructor would normally wait 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 the instructor is delayed due to unforeseen circumstances. Any lesson time lost as a result of this would be made up by the instructor either at the end of the normal lesson time if possible or at a later date. Any such shortfall should be recorded and agreed by the instructor at the time.

11. Learner Comfort and Safety

In the interests of comfort and safety learners are advised to wear suitable footwear and clothing which does not restrict movement. Learners must also take note of any medication they are taking that may affect their ability to drive safely and advise their instructor accordingly before taking any lesson booked.

12. Complaints

In the event of a complaint all efforts must be made to resolve the problem verbally directly with the instructor. However, if this is not possible you should put your complaint in writing where it will be treated as a formal complaint and investigated. It can also be passed to an independent to investigate if required. Any formal complaint will receive an initial response within 48 hours and updates as the complaint is investigated. Under GDPR data relating to the complaint or individuals involved may be withheld.

13. Your Statutory Rights

Nothing in these terms and conditions will reduce your statutory rights relating to faulty goods or services provided. 1st Gear Driver Training and its instructors 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.