Terms and conditions

By booking with A Grade School of Motoring it is deemed that these terms and conditions have been read, understood and accepted by you and/or a parent, guardian or guarantor.

1 Definitions

The following words have the following meaning:

‘School’ shall mean A Grade School of Motoring.

‘Trainer’ shall mean the instructor, or such other properly qualified instructor as the School may provide.

‘Client’ shall mean the person in receipt of the Training.

‘Training’ shall mean any driver related training agreed by the School and the Client to be provided by the School and/or the Trainer to the Client.

‘Price’ shall mean the Price per Training Session, or as may be notified to the Client by the School periodically.

‘Training Session’ shall mean a unit of Training, where the duration of which has been agreed between the Client, the Trainer and/or the School.

‘Minimum Number of Training Sessions’ shall mean the number of Training Sessions which the Client has agreed to book for a discounted price per Training Session.

‘School Vehicle’ shall mean the vehicle provided by the School and/or Trainer in which the Client will take the Training Sessions (if a vehicle is required for the purposes of the Training Session).

‘Client’s Vehicle’ shall mean the vehicle provided by the Client in which the Client will take the Training Sessions.

‘Agreed Price For Driving Test’ shall mean the Price that the School will charge to the Client for the use of the School Vehicle for the duration of the practical driving test.

‘DVSA’ shall mean Driver and Vehicle Standards Agency.

All headings in these Terms and Conditions are inserted for convenience only and will not affect its construction or interpretation.

2  Provision of the Training

2.1  The School will provide the Client with the Training, in consideration of the Price.

2.2  The time, date and pick-up point (if applicable) for each Training Session will be agreed in advance by the Client and the School and are, unless otherwise agreed, non-transferable.

2.3  The Trainer is bound by a professional code of conduct and will be courteous, tidy and polite.

2.4  Subject to matters outside his/her control the Trainer will be punctual at all times. The Trainer will inform the Client if he/she is expected to arrive at the Training more than five minutes after the agreed time.

2.5  If the Training involves driving tuition, the School will only provide Trainers who are approved and licenced by the DVSA and who are fully qualified and have been specially trained to teach people to drive.

3  The Clients obligations if the training involves the Client driving a motor vehicle

3.1  The Client must hold a current, valid driving licence (provisional or full), which must be produced to the Trainer on or in advance of the first Training Session.

3.2  The Client must be able to read a number plate at a distance of 20.5 meters (67 feet) (with glasses or lenses if normally worn).

3.3  The Client must ensure that he/she is in a medically, physically and mentally fit state to drive safely, and at no time during Training is he/she under the influence of alcohol or any other substance or otherwise suffering a condition that may affect his/her ability to drive.

3.4  The Client will be as punctual as practicable for the Training Session, and will inform the Trainer if he/she is expected to arrive more than five minutes after the agreed time. In such circumstances, it is within the Trainer’s sole discretion as to whether the Training Session will be extended beyond the agreed duration.

3.5  Should the drop-off point be a different location to the pick-up point, the Client must bring this to the Trainer’s attention in good time. Failure to give reasonable notice may result in a shortfall of the duration of the Training Session and the Client being charged the full Price.

4  The Trainers obligations if the training involves the Client driving a motor vehicle

4.1  If at any time the Trainer, in his/her absolute discretion, considers that the Client is not in a fit state to drive safely, then the Trainer may refuse to proceed with the Training Session or stop the Training Session. No refund for that Training Session will be payable.

4.2  Unless otherwise agreed in accordance with clause 11, if the Training requires the use of a vehicle, then it will be in the School Vehicle.

4.3  The School Vehicle will be fitted with dual controls and will be well maintained, clean and tidy at all times (subject to reasonable wear and tear).

4.4  In accordance with clause 2.4, the Trainer will make all reasonable endeavours to adhere to the agreed duration of the Training Session. Where this is not practicable the Trainer will allow additional time in a future Training Session.

5  Price and payment

5.1  The Price payable for the Training will be that set out by the School or such other amount as is expressly agreed between the School and the Client from time to time.

5.2  Save where payment is made in advance where a Minimum Number of Training Sessions are agreed, payment must be made prior to each Training Session to the Trainer, whose receipt will be a good discharge to the Client. The time for payment will be of the essence.

5.3  Subject to clause 5.4, the School may alter the Price upon giving the Client at least 48 hours’ notice.

5.4  Where a discounted Price has been agreed in consideration of the Client agreeing to book a Minimum Number of Training Sessions and provided payment has been made in full in cleared funds before the commencement of the Training Sessions, the School agrees not to alter the Price of the Training Sessions until the Minimum Number of Training Sessions have been completed. The exception to this is where matters outside of the School’s control (for example, fuel costs) have resulted in an increase of more than 5% in the cost of the School providing the Training Session. Should the School increase the Price of the Training Sessions in accordance with this clause, then the Client may cancel any outstanding Training Sessions at the increased Price and claim a refund without penalty.

6  Guarantor

6.1  In consideration for the School providing the Training to the Client, the Guarantor agrees as principal debtor, to guarantee all obligations of the Client under these Terms and Conditions and to indemnify and keep the School indemnified against any default by the Client and all losses, costs, claims or expenses incurred by the School as a result of a breach by the Client of the Terms and Conditions. The School need not pursue the Client before the Guarantor and, the Guarantor, as the principal debtor, will be liable under these Terms and Conditions as though they/it were the Client.

7  Training cancellation or postponement

7.1  Subject to clause 7.2, either party may cancel or postpone a Training Session upon providing at least 36 hours’ notice. Failure to give such notice  may result in the Client being charged the full Price. If the School or Trainer cancels a Training Session without giving 36 hours’ notice or otherwise than in accordance with these Terms and Conditions, then provided it is not as a result of circumstances outside of the control of the School or under clause 7.4 or 7.5 the School may be liable to the Client for the Price.

7.2  If a Minimum Number of Training Sessions comprising the Training has been agreed, and the Client has been given a discounted rate for each Training Session in consideration for agreeing to pay for a Minimum Number of Training Sessions then the Client shall pay for the agreed number of Training Sessions in advance of the commencement of the Training Sessions. If the Client cancels the Training before the Minimum Number of Training Sessions have been completed then, subject to clause 5.4, the Client will be charged the discount rate which has been applied to each Training Session for each Training Session and in addition the Client will pay a £5 administration charge for each of the Training Sessions not completed up to the Minimum Number of Training Sessions. Such amounts will be deducted from the price paid in advance and the remainder shall be repaid to the Client. If the School/Trainer cancels the Training before the Minimum Number of Training Sessions otherwise than in accordance with these Terms and Conditions, then without prejudice to the Client’s right to a refund for the Training Sessions cancelled, the School may also be liable to the Client for £5 compensation for each of the Training Sessions not completed up to the Minimum Number of Training Sessions.

7.3  For the purpose of clause 7.2, the School shall be entitled to treat the Client as cancelling Training Sessions if the Client: (a) postpones more than two Training Sessions sequentially; (b) fails to agree to take a further Training Session at a time within the School’s usual hours of business within one calendar month of the last Training Session, or; (c) if the Training involves driving, the Client is in the Instructor’s opinion unfit to drive safely on more than one occasion.

7.4  The Trainer may postpone the Training Session if he/she, in his/her absolute discretion, considers the weather or road conditions too unsuitable or dangerous. The Trainer will endeavour to provide the Client with as much notice as practicable. An alternative time and/or date for the Training will be suggested, and the School will have no further liability.

7.5  The Client accepts that Training and Training Sessions may occasionally need to be postponed to allow another Client to use the School Vehicle for their driving test. The Trainer will endeavour to provide the Client with as much notice as practicable. An alternative time and/or date for the Training will be suggested, and the School will have no further liability.

8  Booking a driving test

8.1  If the Trainer and the Client have agreed in writing that the Client will book his/her own practical test, then the Client must give the Trainer notice of the practical driving test as soon as reasonably practicable so that the School can arrange for the use of the School Vehicle in accordance with clause 9.1. Failure to give adequate notice may result in the School Vehicle being unavailable for the practical test.

8.2  If the Trainer and the Client have agreed in writing that the Trainer will book the practical test, and provided payment of the test fee has been made in full in cleared funds, the Trainer will book the practical test and will arrange for the School Vehicle to be available for the driving test in accordance with clause 9.1. If the driving test is not booked in accordance with this clause then the School Vehicle will not be provided for the Client’s driving test.

9  The driving test

9.1  The School will endeavour to provide the Client with the use of the School Vehicle for the driving test. Use of the School Vehicle for the driving test will be charged at the Agreed Price For Driving Test. Occasionally, the School Vehicle will not be available for a driving test for reasons outside the control of the School for which the School will have no liability. In such circumstances the School will endeavour, where practicable, to provide the Client with at least three working days notice of the unavailability of the School Vehicle. The School Vehicle will not be supplied for a driving test if it is already booked for another driving test at the time that the Client notifies the Trainer of the Client’s driving test.

9.2  Without prejudice to clause 9.1, the School will have no liability for failing to provide the Client with the School Vehicle for the driving test if the Client has not complied with clause 8.2 of these Terms and Conditions.

9.3  The School may withhold the School Vehicle if the Client’s driving, in the opinion of the Trainer, is actually or potentially dangerous or is otherwise not to test standard

10  The School Vehicle

10.1 The School will not be liable for any failure of the School Vehicle during a Training Session or the practical driving test unless it is a direct result of negligence on the part of the School or the Trainer. The Client and the Trainer will check the School Vehicle prior to the practical driving test.

11 The Client’s own vehicle

11.1 If the Client wishes to have training in the Client’s Vehicle, then the Client must bring this to the Trainer’s attention at least 48 hours prior to the commencement of the applicable Training Session. It is within the Trainer’s sole discretion as whether he/she agrees to Training taking place in the Client’s Vehicle.

11.2 If the Trainer agrees to the Training being conducted in the Client’s Vehicle, then the Client warrants that the vehicle is covered by the necessary insurance, is roadworthy and has a valid MoT certificate (if applicable) and is in good condition generally. The Client will supply the Trainer with appropriate insurance documentation and a valid MoT certificate (if applicable) upon request. If the Client fails to supply to the Trainer the requested documentation or if in the Trainer’s

reasonable opinion the Client’s Vehicle is not roadworthy or cannot be driven safely, then the Trainer may cancel the Training Session and no refund of the Price will be made to the Client.

11.3 If the Client wishes to use the Client’s Vehicle for the practical driving test, then the Client must ensure that the vehicle complies with the rules set out by DVSA. The School will not be liable for any practical tests not conducted due to non-compliance of the rules or any failure of the vehicle before or during the practical driving test.

12  Limitation of liability

12.1 Nothing in these Terms and Conditions limit the School’s liability in any claim for death or personal injury caused by the School’s negligence.

12.2 In no circumstances will the School be liable for any loss or damage if, and to the extent that, such loss or damage is caused by the Client’s failure to comply with his/her obligations under these Terms and Conditions, or with the Trainer’s reasonable instructions.

12.3 The aggregate liability of the School for direct loss resulting from the School’s default will be £50.00 per claim.

12.4 The School will not be liable for the losses, costs, claims or expenses arising as a result of any event which is outside of the School’s reasonable control or expectation.

12.5 The School will not be liable, whether based on contract or tort, or any other legal or ground for any consequential, indirect or incidental loss of whatever kind and however caused.

13  General

13.1 The School will comply with General Data Protection Regulation (GDPR) at all times and will not pass the Client’s details to any third party without the Client’s consent (unless required to do so by law). The Client consents for their details to be passed to the School’s insurers in the event of an actual or potential claim and to allow the School/Trainer to arrange motor vehicle insurance cover.

13.2 Each right or remedy of the School under these Terms and Conditions is without prejudice to any other right or remedy of the School, whether under these Terms and Conditions or not.

13.3 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 will not be affected. Every provision is agreed to be severable from every other.

13.4 No waiver by the School of any breach of those Terms and Conditions by the Client will be deemed as a waiver of any subsequent breach of the same or any other provision, nor of the provision itself.

13.5 A person who is not party to these Terms and Conditions will have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to the Act.

13.6 These Terms and Conditions will be governed and construed in accordance with the laws of England and Wales, and the parties submit to exclusive jurisdiction of the English and Welsh courts.

14   Complaints procedure

14.1 Any Clients complaints should be initially directed in writing by registered post to the Managing Director/Owner, A Grade School of Motoring, 32 Llanover Street, Abercarn, NP11 4SY. The Client’s initial letter of complaint will be acknowledged within 14 days. The Client will thereafter be asked to supply further information about the complaint. The Client will endeavour to supply to the managing director/proprietor as much information as possible as may reasonably be requested. Matters will then be fully investigated and, where practicable, the results of the investigation and resolution proposals will be given to the Client in writing within 28 days of the Client supplying the requested information.

14.2 Should the Client be unhappy with the outcome of the investigation and the handling of the complaint, then the Client may complain by writing to: DVSA driving instructor team, PO Box 349, Newcastle-Upon-Tyne, NE12 2GN or by email to: instructorconduct@dvsa.gov.uk

15  Coronavirus

15.1 The Trainer will inform the Client if he/she has any recognised symptoms associated with coronavirus. In such circumstances, any Training will be postponed for a minimum of fourteen days and the School will not be liable to the Client for the Price.

15.2 Prior to any Training Session, the Client must inform the School if he/she has experienced any recognised symptoms associated with coronavirus within the last seven days. If the School considers there is a risk to the Trainer, the School will postpone the Training Session for a minimum of fourteen days. The Client will not be charged for the Training Session.

15.3 The School may periodically inform the Client of any measures to ensure the safety of both parties during a Training Session. If the Client fails to agree to any reasonable request made then the Trainer may cancel the Training Session and no refund of the Price will be made to the Client.

15.4 In addition to clause 4.3, the Trainer will ensure all contact points of the School Vehicle are sanitised prior to and after each Training Session

15.5 In addition to clause 11.2, the Client agrees to sanitise all contact points of the Client’s Vehicle prior to the commencement of the Training Session.

15.6 Should the School postpone any Training in accordance with government advice, and where a Minimum Number of Training Sessions has been agreed at a discounted rate, the Client may cancel any outstanding Training Sessions and will be refunded for each of the Training Sessions not used without penalty. If any outstanding Training Sessions are not cancelled then the Client will not need to fulfil clause 7.3 (b) of these terms and conditions.