Terms and Conditions

(The website) will refer to any website owned in part, in full or in association with Select Driving School.

(The company) will refer to Select Intensive Driving Courses Ltd / Select Driving School. (We, Us) will refer to Select Intensive Driving Courses Ltd / Select Driving School.

Using the website

When you use the driving-lessons.com (the website) or other website owned in part, in full or in association with Select Driving School (the company) you'll be agreeing to the following terms and conditions, so please take time to read and understand them fully. If you do not agree with these terms, please do not use the website.

1 ACCEPTANCE OF TERMS

Your access to and use of (the Website) is subject exclusively to these Terms and Conditions.You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice.If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE

The company reserves the right to:

3.1 Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the website shall not be liable to you for any such change or removal; and

3.2 Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others.Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to the company / the website or otherwise used by the company / the website as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.2 To the extent permitted by law, the website will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6.3 The website makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the website for death or personal injury as a result of the negligence of the website or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold the company and website and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the websitearising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Walesand you hereby submit to the exclusive jurisdiction of the courts of England and Wales

1. Introduction

1.1 Thank you for taking the time to view our terms and conditions. We strongly recommend you read them carefully and ensure you have understood the contents fully. The following terms and conditions aims to set out clearly our obligations to you and equally your obligations to us.

2. Acceptance

2.1 These terms and conditions are deemed to have been accepted by you / that of your agent by virtue of you / your agent making a booking in person, verbal, telephoned, SMS text message, faxed, e-mailed, internet, world wide web or similar electronic data transfer.

2.2 You / your agent are not entitled to attempt to modify or extend the terms and conditions herewith, nor to impose your own or that of your agents, own conditions. These terms and conditions will apply to and be incorporated into the contract and prevail over any inconsistent terms and conditions express or implied by law, trade custom, practice or course of dealing and may as stated not be varied except in writing between you and us.

3. Definitions

" You " means the person named on the booking application for your intensive driving course / driving tuition or that of your representative or agent. " We / Us " means Select Intensive Driving Courses Ltd. A company registered in England and Wales with company number 7839915 and whose registered office is:- Head Office, 44 Darnley Road, Woodford Green, Essex, IG8 9HY.

" The driving school / The driving instructor " means the driving school / the driving instructor providing the driving tuition / the intensive course to you.

" DSA" means the Driving Standards Agency who are the Government agency responsible for maintaining a register of all approved driving instructors in the UK

" Working Days " means all days except Saturdays, Sundays and recognised bank/public holidays.

" Poor weather " means adverse weather conditions which the instructor feels are either predicted or are currently being experienced. Such poor weather conditions will refer to any geographical location the instructor feels may be applicable. This will include but not limited to the following: The instructors home location, The clients home location, The driving test location.

4 Theory / practical driving tests

4.1 Select Intensive Driving Courses Ltdis an Agent which only arranges driving related theory and practical tests on behalf of you / the driving school / driving instructor and places your booking with an approved driving instructor ( DSA ADI ) We do not provide any driving tuition or intensive driving courses or administer any tests ourselves and undertake all our activities strictly as agents.

4.2 We will endeavor to book one theory / one driving test on your behalf and to book an intensive driving course / driving tuition for you with a driving school / driving instructor in accordance with your instructions. This is included within our tariff. Should you subsequently require us to book any additional theory / practical driving test this will be at your expense and the fee will be at the prevailing rate as stated on the DSA website. The possible elements of your booking order are as follows and each element will be treated as a separate booking / order:-

4.2.1 Driving Standards Agency Theory Test

4.2.2 Driving Standards Agency Practical Driving Test - Cat B

4.2.3 Study / revision materials we deem appropriate

4.3.4 Driving tuition / intensive driving course

5. DSA theory and practical tests -

5.1 Where required we will, acting as agent for you / the driving school / driving instructor make arrangements for your theory test and practical driving test. Such bookings are made via the Driving Standards Agency website or by telephonic communication with the Driving Standards Agency booking office. The Driving Standards Agency website and booking office hours are displayed upon their website and such bookings will take place taking in keeping with our working hours. We do not have any control over what theory and practical test dates the Driving Standards Agency may offer. Clients are reminded that the waiting time for Driving Standards Agency tests will vary across the UK and may also be subject to various demands put upon them. E.g location and time of year. We may in keeping with your instructions ( verbal or via online booking form ) book or seek to book or provisionally reserve the next available test date on their systems. Clearly we have no control over what test dates the Driving Standards Agency may subsequently publish or make available via cancellation or otherwise. Your contract for the theory / practical test is between you and the DSA and commences when your booking with them is confirmed to you. You may not without our written permission or that of the driving school / driving instructor change any theory or practical test arrangements we have made on your behalf without first seeking permission from us to do so. Furthermore, we my book a driving test / theory test or move a driving test / theory test appointment you or we have made or indeed swap tests with other candidates in order to achieve a desired outcome. e.g change of test time, location or date etc . Under such circumstances you expressly permit and agree without limitation to us or any of our agents to use your personal information ( driver number, theory certificate number , test reference number, name, address and date of birth etc ) in order for us to facilitate this operation. Once we have made such changes our role and responsibility is concluded. Under no circumstances can we be responsible should you, your agent or anyone else from outside of our control choose to change what arrangements we have made. You should ensure no one has the ability to do so.We can not be held liable for any breach of contract by the DSA whatsoever.

5.1.1 It is your responsibility to ensure that when attending for your theory test / driving test you have the correct documentation with you. This will normally include your provisional driving licence paper counterpart and the plastic photographic identification, your theory test certificate if needed and any letter of appointment. If you have the old style paper driving licence without the photo card you must take with you a valid passport. If you do not have the correct documentation with you or if you arrive late it will mean your examiner will not be able to conduct your theory test / driving test and you will loose your fee.

5.1.2 Please advise ( unless you have already done so ) if you wish to reserve your preferred driving course start date, not withstanding you may not have passed your theory test / a practical test may not be available. If we do not hear from you will will assume that you do not and therefore we cannot confirm instructor availability for your preferred date until such time as your practical test is booked.

5.1.3 Driving instructor availability is usually Monday to Friday ( unless other special arrangements have been made ) and each daily appointment will normally cater for our recommended maximum duration of four hours, instructor time again unless other special arrangements have been made between you and the driving school / driving instructor. This is in keeping with what we believe to be best practice in terms of teaching and learning. Please note that as stated each daily appointment will by default be for four hours duration. The actual start time of the lessons will be determined by your driving instructor. The learning aims and objectives planned and delivered by your instructor throughout the training day will be at the instructors discretion and may involve a combination of both practical driving as well as static briefings and demonstrations. You are reminded that on driving test day your four hour daily allocation of instructor time will include the following:- Any pre test tuition whilst making your way to the designated driving test centre. Use of the instructors car for an allowed period of one hour ( subject to your instructors permission ) Any remaining time may be utilised for any debrief as appropriate and also any return journey to the meeting point.Should you or we request to alter our standard daily tuition arrangements this will only take place with your or our consent as appropriate. Please be mindful that should a longer training day be requested and agreed by you the driving school / driving instructor reserve the right not to vary what has been agreed and therefore should you not complete the extended day, for any reason, any hours not taken will be lost and may not be replaced by the driving school / driving instructor.

5.1.4 If you choose, and we agree to start your course without a theory test pass and a driving test date and appointment confirmation, we will do our best but can not guarantee a practical test will be available on the last day of your course. This is due to us relying upon the Driving Standards Agency to provide an examiner and a driving test being available. We, the driving school / driving instructor cannot be held responsible in any way what-so-ever for any loss, inconvenience or otherwise caused by what ever means should a driving test not be available or for any reason not go ahead. As reiterated previously, by placing your booking it is accepted that you have read, understood and accept this.

5.1.5 Not withstanding no deposit / fee has been paid by you, we may in keeping with your wishes, and at our discretion, reserve a course / theory / practical driving test for you. We will communicate these arrangements to you and subsequently request a deposit / payment in full. Under such circumstances such provision will be deemed provisional only and will not form any agreement between us and you either in full or in part. Please note that should the requested deposit / payment in full not be paid within the time scale we specify we reserve the right to cancel whatever provisional arrangements have been made at any time.

5.1.6 Not withstanding you may have paid a deposit / payment in full, Select Driving School reserves the right to offer / change associate instructors / their vehicles at any time either prior to you starting or during your driving tuition / intensive driving course. This is to aid reasonable operational issues, which may arise from time to time. E.g. Instructors not being available due to personal or professional commitments and instructors / driving schools wishing to change or update their vehicles or mechanical breakdown. Any such changes will of course be in keeping with our terms as stated within 6.2 below.

6. Tuition / driving course

6.1 We will, as agent for the driving school / driving instructor, (in keeping with the Data protection act 1998) pass your details onto a driving school / driving instructor and they will contact you in order to introduce themselves and confirm your booking arrangements and instructions. The average lead time for this is as follows:- Approximately three weeks prior to your test date ( depending on length of course requested and date you first booked your course ) your driving instructor / driving school will contact you and provide you with your start date ( assuming we as agent have not already done so ) Approximately two weeks prior to your start date( assuming you have paid in full for your course ) your driving instructor / driving school if he / she has not yet done so will provide you with your course time table. Please note that the driving school / driving instructor reserves the right to alter such course time table arrangements in order to facilitate their professional commitments. You will of course unless exceptional circumstances apply receive all your pre allocated tuition hours. At this point your contract with Select Driving School Intensive Courses concludes and transfer between yourself / your agent and the driving instructor / driving school who is actually providing your tuition.

6.1.1 For the avoidance of any doubt what so ever Select Intensive Driving Courses Ltd are only responsible for taking enquiries and placing tuition / course bookings with driving schools / driving instructors. As stipulated above ( within 4.1 ) Your contract for the booking is between you and the driving school / driving instructor and commences when your booking with a specific driving school / driving instructor is confirmed to you via them or us on their behalf via any means as stated herein. No contractual liability shall arise or subsist between you and us. However, we will endeavour to assist you with your requirements.

6.1.2 Our intensive driving course descriptions are guidelines only and you should satisfy yourself thoroughly that the length of course you have chosen is suitable for your needs and that you have given yourself sufficient opportunity to learn and practice prior to your test. We may recommend or suggest a particular course or length of course as a result of what you have told us. This suggestion / recommendation must not under any circumstances be construed as advise. As booking agent we can only offer guidance based on experience and past client performance. It is accepted that individual clients will have differing abilities and not everyone will learn at the same pace. Therefore, having undertaken part or full course we / your instructor may suggest a further course of tuition as being appropriate in order for you to achieve a standard of driving acceptable for a British driving test. We, the driving school / driving instructor cannot be held responsible in any way what so ever should the course you choose not be sufficient for your needs.

6.2 The driving school / driving instructor undertakes to ensure that all courses will be provided to the following minimum standards:-

6.2.1 Select Intensive Driving Courses Ltd will only place your booking with a fully qualified driving instructor or a driving school that only associates with fully qualified driving instructors and does not associate with trainee driving instructors ( other than for providing driving instructor training to such trainees' ) For the avoidance of any doubt what-so-ever you will not under any circumstances be tutored by a trainee driving instructor. In keeping with the driver training industry all driving instructors are self-employed, registered with and approved by the Driving Standards Agency. The Driving Standards Agency ( DSA ) are the government organisation responsible for maintaining a register of all Approved Driving Instructors within the UK. Only those Driving Instructors who fully satisfy the DSA in terms of both their quality of instruction and their suitability to provide tuition to members of the public including children (via an enhanced CRB clearance) will have their name entered on such a register. Your instructors approved status is confirmed via his / her Approved Driving Instructor Status ( ADI ) and his / her certificate bearing their photographic identity.

6.2.2 The driving school / driving instructor will provide a dual controlled vehicle suitable for driver training. He /she will ensure the vehicle is thoroughly road worthy, clean and presentable and carries the appropriate insurance for driver training. For the avoidance of doubt what-so-ever all driving instruction cars will be manual transmission vehicles only. Automatic tuition vehicles are a special request and such vehicles will only be confirmed for the purposes of tuition in writing via us / the driving school / the driving instructor. If you do not have such written confirmation then your tuition vehicle will be manual transmission and can not be changed to automatic transmission under any circumstances until either the conclusion of your allocated intensive driving course or your acceptance to forfeit your current or impending course and any associated fees paid.Furthermore your instructor will, as required to do so by law display his/her qualification to teach in the front nearside windscreen. This qualification may be identified as a green octagonal certificate, denoting the instructor has passed a series of demanding examinations and is fully qualified. Upon request, your instructor will offer for examination all relevant documentation for the vehicle including appropriate insurance cover as well as their Approved Driving Instructor licence. In keeping with the driver training industry, all driving instructors are self - employed professionals running their own business and are not employed or under any franchise agreement to Select Intensive Driving Courses Ltd, therefore they may elect to carry their own driving school insignia / that of Select Intensive Driving Courses Ltd in order to support mutual advertising.

6.2.3 Clients who wish to undertake tuition in their own vehicle should in the first instance bring this to the attention of course manager at the time of booking. Checks will then be made with the instructor in order to ensure he / she is willing to provide tuition in a clients own vehicle. Should the instructor agree the client will then ensure the following is adhered to in full:-

a) The car is fully insured for teaching for reward and this must be confirmed in writing by the vehicles underwriters.

b) The instructor is covered by such insurance to drive the car - to be confirmed as above.

c) The instructor can in no way be held liable for any damage or accident. Whilst the instructor will make every effort to prevent the client having an accident,or damaging the car, it will be realised that their control is very limited. It is further acknowledged that the instructor has no responsibility for the due maintenance of the vehicle throughout the training and that a disclaimer to such will be endorsed at the start of the course. This relinquish of responsibility will include all aspects of the vehicles consumption of fluids e.g brake fluid, header tank / coolant, petrol / diesel fuel in addition to mechanical parts that are subject to fair wear and tear, e.g tyres, brakes etc.

d) If clients wish to have lessons in their own car then a second rear view mirror must be provided for the instructor.

6.2.4 In keeping with good teaching and learning and to satisfy our recommended health and safety practice, your instructor will facilitate at least one short refreshment break during your training day and may form part of your daily tuition period. If you find this insufficient please let your instructor know.

6.2.5 The driving school / driving instructor or his / her agent shall be entitled to withdraw the use of the tuition vehicle for the purpose of the driving test if the driving instructor reasonably believes that your driving has failed to reach a satisfactory standard. In such circumstances you will forfeit your test fee. This is necessary to protect yourself, the examiner, any other DSA observer on test, your driving instructor observer on test, other road users, members of the general public and the tuition vehicle. The decision to withhold the tuition vehicle under such circumstances rests with your driving instructor only and his / her decision is final.

6.2.6 Your course booking will be deemed to be fully completed at the conclusion of your agreed period of tuition / hours of instructor time ( including hire of instructors car for the official DSA driving test ) received or forfeited, or having paid for your course and agreed a start date you have chosen not initiate it. Whilst in keeping with our cancellation policy any course that you have not initiated after a period of twelve months has lapsed since agreeing a start date or having paid an initial deposit or part or full payment will be considered null and void and any payments made will be lost. Any further course bookings will constitute a new booking for which a new payment and contract will be deemed necessary.

7. Financial arrangements and obligations

7.1 When booking driving tuition / intensive driving course we will require ( unless you are informed otherwise in writing ) you to pay in full or pay a deposit towards the total cost of your course. The deposit shall comprise of a minimum amount of £ 100.00 or twenty percent of the total course fee, whichever is the greatest. Please note that the purpose of paying a deposit is for you to cause us to action a request on your behalf and is part payment towards your final balance. Deposits paid are always non refundable and should you choose to cancel your booking you will always forfeit as a minimum either one hundred pounds or twenty percent of the total course fee whichever is the greatest. As agent we hold all pre course tuition funds in a special instructors clients bank account on behalf of your driving school / driving instructor until such time as your course fee is processed accordingly.

7.2 Should you choose not to initiate and complete your course within a period of 12 months since you first made your booking / paid your deposit or payment in full, the full amount paid by you, irrespective of the amount will be forfeited in full without exception. Should you choose to contact us after this period of twelve months has passed you will not be able to under any circumstances initiate your original booking as this would have automatically been cancelled and any amount paid forfeited in full. Any further booking you may choose to make with us will be considered a new booking for which payment in full at the prevailing rates will apply, and the terms and conditions applicable to new bookings at that time will be applicable.

7. 3 When confirming the booking we will by email or post and on behalf of the driving school / driving instructor send to you an invoice showing the amounts due to the driving school / driving instructor in respect of your booking. As agent of your driving school / driving instructor we will administer this transaction on their behalf for you.

7.4 You or your agent must pay the full amount shown ( less any deposit or further part payments ) by cheque made payable to " Select Instructors Clients Holding Account " or by credit / debit card*, Bacs, internet banking and faster payments. Any outstanding fees due must be settled by the due date as stated in your confirmation communication. This date will be ( unless you have been informed by us in writing to the contrary ) 10 working days prior to the start date of your course or initial appointment. Failure to make prompt payment may result in the loss of any deposit / cancellation of the booking.

7.5 * Please note that the use of a credit card will attract a processing fee of 1.5% on the amount you wish to pay. and that American Express will attract a processing fee of 3.35 %. Debit cards, cheque payemts and internet banking will remain free of any processing fees.

7.6 Where a deposit is made by credit / debit card, unless expressed to the contrary, you acknowledge / authorise for the remaining balance / outstanding fees to be taken automatically by the same debit / credit card details as provided in accordance with our payment requirements as stated herein / reiterated within your booking confirmation.

7.7 We again remind you that the contract for driving tuition is solely between you and the driving school / driving instructor. You and your driving instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons or intensive driving courses. Select Intensive Driving Courses Ltd acts solely as agent for your driving school / driving instructor in receiving your payments for driving tuition, other than payments made directly by you to your instructor. Where Select Intensive Driving Courses Ltd makes bookings with, or supplies any information or documentation to you, or processes any payments for your tuition / courses, they act as the agent of your driving school / driving instructor.

8.1 You have a right to cancel any element of your order within seven working days of the day after you received acceptance or confirmation of the booking of that element of your order by us or the driving school / driving instructor. If you cancel within this cooling off period and your course or test is not re arranged you will be entitled to a refund of your deposit and reimbursement of the relevant part of the course fee. This right will be lost at the time your course or test commences if it is due to commence within the cooling off period. All cancellations of tests or orders for materials within the cooling off period should be notified to us in writing before expiry of the cooling off period. All cancellations of driving courses once booked and within the cooling off period should be notified to us and the driving school / driving instructor in writing before the expiry of the cooling off period.

8.2 If you wish to cancel your driving course before the agreed date of commencement you must give at least ten clear working days notice in writing to both us and your driving school / driving instructor.In order for your notification to be valid you must provide as proof a dated and timed email of your intention to cancel and be in receipt of our acknowledgement to this or confirmation by Royal Mail of the date and time your registered letter was received at our Head Office address as highlighted above. In these circumstances we will do our best to arrange your course to be postponed to another time more convenient for you.

8.3 If you have booked an intensive driving course or any other element of our services and have paid a deposit / part payment or paid in full and later decide ( outside the cooling off period ) you do not wish to continue or postpone your course to a later date but wish to cancel in full, providing you give ten or more clear working days notice to us and your instructor you will be entitled to a refund less your deposit of either one hundred pounds or twenty percent of the total course fee whichever is the greater. For the purposes of this communication, a dated and timed email is acceptable as is registered letter to the head office address as highlighted above. You must also be in receipt of our acknowledgement of your written request. In all cases ( except within your seven day cooling off period as highlighted ) your refund amount will always be minus one hundred pounds or twenty percent of the total course fee whichever is the greater ( the initial deposit ) This is referred to as the cancellation and administration fee. In addition to the cancellation and administration fee your refund will also be minus any additional fees we have laid out on your behalf and that you have either taken advantage of or it is not possible for us to cancel, for example a theory test or driving test we may have booked on your behalf. You are reminded that in order for your notification to be valid you must provide as proof a dated and timed email of your intention to cancel and be in receipt of our acknowledgement to this or confirmation by Royal Mail of the date and time your registered letter was received at our Head Office address as highlighted above

8.4 Within ten clear working days prior to the commencement of your course we will pass to your driving instructor / the driving school your fee. Therefore you can not under any circumstances cancel your driving course or test booking giving less than ten clear working days notice before the date of commencement as notified to you by us / your instructor / the driving school. Should you attempt to cancel the driving school / driving instructor may choose not to postpone your course or choose to refund any fees paid, and you will forfeit one hundred percent of any fees paid. This is in order to protect the livelihood of the instructor / driving school. Once we have processed your booking and passed your fee onto your driving instructor / driving school this financial process is deemed to have been completed in respect of our role as Agent and you are reminded that your contract remains strictly between yourself and the driving instructor / driving school. Clearly we have no influence thereafter over individual driving schools / driving instructors what decision they make in respect of any refund of your fees or any postpone to your course. ( This clause does not apply if you cancel within the cooling off period. ) This will also be the case should your instructor agree to deliver your tuition / course not in consecutive days but spread out over a period of time. Under these circumstances you must give at least 72 hours notice of your intention to postpone a pre agreed tuition appointment. Failure to do so will result in your instructor deducting what ever number of hours the appointment was due to be for from your total hour allocation. These lost hours will not be replace. Exceptional circumstances may apply and any changes to this clause will be at the sole discretion of the driving school / driving instructor only to whom you must liaise.

8.5 If you cancel your driving course after the date of commencement because the driving school / driving instructor has failed to fulfill its obligations as set out herein then you may be entitled to be repaid all or part of your money by the driving school / driving instructor. We may, if you so request and at our discretion liaise with the driving school / driving instructor to ensure that you receive your money back / part thereof as quickly as possible in these circumstances. However, as agent for the driving school / driving instructor, we do not accept any liability for the failure of the driving school / driving instructor to comply with their obligation. If you attempt to cancel or amend your course after the date of commencement and it is not because the driving school / driving instructor has failed to carry out their obligations to you, it will be at the sole discretion of your driving school / driving instructor as to what arrangements are subsequently made thereafter. In such matters ( we refer you to clause 4.1 reiterated within 6.1 ) and you must negotiate direct with your driving school / driving instructor. Driving schools / driving instructors have a right to protect their livelihood and in the normal course of events are highly likely to refuse any such amendments as they would have reserved time specifically to teach you. Should however your driving school / driving instructor agree to refund you all or part of your course fee notwithstanding they are not obliged to do so, they may offer a refund amount that will not exceed twenty pounds per hour. This may be subject to change and you should check with your driving school / driving instructor prior to accepting any such refund.

8.6 The driving school / driving instructor may have to cancel the booking or a part of it if: -

8.7 The driving instructor who should have provided the tuition is or becomes unable to do so as a result of illness, injury or bereavement and the driving school / driving instructor is unable to secure another instructor as short notice

8.8 The tuition vehicle intended to be used to provide the tuition is or becomes un- roadworthy or is in breach of road traffic legislation and such defect can not reasonably be rectified prior to the commencement of the course and an alternative vehicle is not available.

8.9 If the driving school / driving instructor has cancelled the booking we will ensure that either the driving school / driving instructor or we notify you immediately. We will, in consultation with you and the driving school / driving instructor, endeavor to secure a new booking for you. If we are unable to do so you will be entitled to be repaid your course fee ( or part of it ) by the driving school / driving instructor. We will do our best to liaise with the driving school / driving instructor to ensure that you receive your money back as quickly as possible in these circumstances. However, as agent for the driving school / driving instructor, we do not accept any liability for cancellation of the booking by the driving school / driving instructor.

8.10 If you wish to cancel your course or change driving instructors after the date of commencement of the course you must notify and discuss this directly with the driving school / driving instructor. In exceptional circumstances at our discretion we may assist you by liaising with the driving school / driving instructor on your behalf.

9. Your obligations

9.1 In addition to the payment obligations stated herein you must ensure that :-

9.1.1 You are able to satisfy the driving test eyesight requirements as in force and stipulated via the DVLA and reiterated in the Highway Code. If the driving school / driving instructor reasonably considers that you have not met the current eyesight requirement he or she is entitled to require you to have your eyesight checked and if appropriate ensure that it is rectified before commencing with the booking. The time taken to complete this will be lost;

9.1.2 You supply to the driving school / driving instructor at the commencement of the course a signed driving licence. If you fail to produce a valid driving licence the driving school / driving instructor can by law not permit you to drive a motorized vehicle on a public road and accordingly your booking will be lost; and

9.1.3 You supply to the driving school / driving instructor at the commencement of the course suitable photographic evidence of your identity and, where applicable, theory pass certificate. Failure to produce this mat delay the commencement of the course until satisfactory evidence is produced; and

9.1.4 You must ensure you are ready, available and able to undertake your tuition throughout the agreed day/s without interruption and at the agreed times stipulated by your driving instructor or their agent. Your driving instructor is under no obligation to recompense you should you choose to divert away from the training day for whatever reason. In addition to your home address or any other address, if you have agreed to meet your driving instructor at a specific location it is your responsibility to ensure you attend this meeting point at the agreed time without delay. The agreed time will always be considered the lesson / day start time. Should you arrive late or fail to arrive within a reasonable period of time your driving instructor is not obliged to remain at this location for a period exceeding one hour. At this point ( or earlier if you have communicated your non attendance to your driving instructor or their agent ) should you fail to arrive the lesson / training day will be considered null and void and the driving instructor has no obligation to recompense you for this missed training day. This will always be the case notwithstanding any personal or travel issues or disruptions you may have had to endure. Furthermore any travel costs, additional costs or otherwise you may incur in order to reach a specific meeting point are solely your responsibility.

9.1.5 You must not at any time be under the influence of alcohol or any substance legal or otherwise likely to affect your ability to drive. Should the instructor suspect this to be the case he / she will immediately terminate or not start the lesson. This will result in you losing time and the driving school / driving instructor has no obligation in such circumstances to add time to the end of your lesson to make up for late arrival.

9.1.6 Furthermore in order for the instructor to maintain a safe learning environment, you must be willing to accept without argument any lawful instruction given and respond accordingly to the best of your ability without delay. This will equally apply whilst the vehicle is in motion as well as any static instruction given. The driving school / driving instructor will always reserve the right to break his / her contract to provide tuition to you should they have reasonable cause to believe that your attitude / behaviour is not acceptable, appropriate or you appear unwilling to participate in the lesson in a manner that the instructor believes necessary to maintain a calm and safe learning environment. Should the driving school / instructor feel it necessary to break the contract for tuition in such circumstances they are under no obligation to postpone the course and the course will be considered null and void, and any fees paid will be lost.

10. Liability

10.1 Except in respect of death or personal injury caused by our negligence, or as expressly provided in these terms and conditions, we shall not be liable to you by reason of any representation ( unless fraudulent ), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims ( whether caused by our negligence or otherwise ) which arise out of or in connection with the provision of the services or their use by you, and our entire liability under or in connection with the contract shall not exceed the amount of the course booking fee, except as expressly provided in these terms.

10.2 If we are unable to book a theory / practical test or to arrange a course for you in accordance with your booking we will reimburse your deposit ( or the relevant balance of it ) and shall have no further liability to you or that of any agent representing you.

10.3 We are not responsible for the content or appropriateness of any study / revision materials provided by us in connection with your theory test or otherwise and you should refer any such complaints to the publisher or manufacturer. Risk of damage to or loss of the materials shall pass to you at the time of delivery or, if you wrongfully fail to take delivery, the time when we have tendered delivery. The property in the materials shall not pass to you until we have received payment in full in accordance with these terms and conditions. Please examine the materials immediately on receipt. If you return the materials to us because of a defect in the quality or condition of them other than any defect arising from fair wear and tear, willful damage, negligence, misuse or alteration or repair, or otherwise, within the cooling off period, we will provide you with replacement(s) or, at your request, refund that part in respect of the materials returned, in which cases we shall have no further liability to you.

10.4 We can only make theory / practical driving test bookings on your behalf and cannot be held responsible for the DSA to fulfill test appointments or for the cancellation or postponement of your theory / practical driving test, or in relation to the refunding of your test fee unless the cancellation is made by you during the cooling off period. Should the DSA decide to cancel or postpone any appointment, they will only communicate with you and you should ensure that we and the driving school / driving instructor are advised immediately of any changes.

10.5 Once a booking with a driving school / driving instructor is made, we act as agent of the driving school / driving instructor only, accordingly we cannot accept any liability for any failure or delay on the part of the driving school / driving instructor to provide its services to you. You should direct any complaints about the course to the driving school / driving instructor.

10.6 You indemnify us against all demands, proceedings, damages, costs and expenses arising in connection with any claim brought against us by any party as a result of the supply or introduction of any person by us to you.

10.7 No provision of these conditions is enforceable pursuant to the contracts ( rights of third parties ) Act 1999 by any person who is not a party to it.

11. Complaints procedure.

11.1 Complaint regarding the administration services offered by Select Intensive Driving Courses Ltd

11.1.1 High quality customer service is of great importance to us at Select Intensive Driving Courses Ltd and we will do everything we can to resolve any issue you may have in a timely and satisfactory manner. Should you feel that in keeping with our sole terms of reference as highlighted within sections 4 and 5.1 above we have not met the standards you expect you have a right to complain. In these circumstances you have a choice. You may in the first instance contact our customer care department via telephone number 0845 50 50 321 in order to discuss your issue. We will at this stage do everything we can to resolve your concerns. If we are unable to resolve your complaint to your satisfaction within an agreed time scale we may ask you to forward your complaint, detailing your issues in writing ( email is acceptable ) to our Head Office address as stated above. We will at the earliest opportunity acknowledge receipt of your communication and begin our investigations.We will endeavour to keep you regularly informed of the progress of your complaint. At the conclusion of our investigations we will inform you of how we intend to resolve your complaint. Should you still not be satisfied with our finial response you have a right to seek your own civil remedies.

11.2. Compliant regarding the tuition supplied by the driving school / driving instructor

11.2.1 If having started your driving course with the agreed driving school / driving instructor you are unhappy with any aspect of your tuition you have a right to complain.

11.2.2 You should in the first instance highlight your complaint to the driving school / driving instructor concerned and negotiate with them to resolve your complaint in keeping with their own complaints procedure. If this is not practicable, you do not wish to, or you have already tried without success, you have a choice.

11.2.3 You may bring your complaint to the attention of Select Intensive Driving Courses Ltd who may ( at our sole discretion ) either offer to liaise and negotiate, acting as intermediary on your behalf seek to resolve your complaint with your driving school / driving instructor should we feel this course of action be appropriate, or reserve the right to migrate the complaint further ( including seeking appropriate advise) to such statuary organisations we feel appropriate in the circumstances.

11.2.4 If we are unable to conclude an outcome to your satisfaction, in addition to your own civil remedies you are advised to consult with any or all of the following parties who may be of assistance to you.

11.2.3 The Motor Schools Association of Great Britain Ltd, 101 Wellington Road North, Stockport,Cheshire, SK4 2LP

11.2.4 The Driving Standards Agency,Customer Enquiry Unit,P.O Box 280,Newcastle-Upon-Tyne,NE99 1FP. Telephone 0300 200 1122

11.2.5 The Citizen Advice Bureau

12. General

12.1 The construction, validity and performance of any contract shall be governed in all respects by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.

12.2 These terms and conditions constitute the entire agreement between you and us, supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

12.3 Any notice required to be given under these conditions may be sent by prepaid first class post, facsimile or email to the usual address, principal place of business or registered office of the party to whom the notice is being sent. If sent by post, it shall be deemed to have been served ( until the contrary is proved ) on the second working day after the date of posting.

13 GIFT VOUCHERS

13.1 In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:

13.2 Gift vouchers will be dispatched within five working days of acceptance of order and will be delivered by standard Royal Mail or other contractor as deemed suitable bt the supplier.

13.3 The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.

13.4 Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.

13.5 Gift vouchers may be exchanged for only driving tuition.Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer's order.

13.6 Gift vouchers are valid for six calendar months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.

14 FORCE MAJEURE

We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, ( including poor weather conditions, snow and icy conditions, high winds, etc strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system , and we shall be entitled to a reasonable extension of our obligations.

14.1 Poor Weather:

14.1.1 Poor weather " means any adverse weather conditions ( irrespective of any Government or Local Authority adverse rating or scale ) which the instructor feels are either reasonably predicted within a period of time or are currently being experienced. Such poor weather conditions will refer to any or geographical location the instructor feels may be applicable. This will include but not limited to the following: The instructors home location, The clients home location, The driving test location.

14.1.2 In the case of poor weather the driving instructor allocated and responsible for providing tuition with whom your contract is with will decide whether a driving lesson / intensive driving course should go ahead or not. This decision will be made at the time and on a dynamic basis. The instructors professional decision is final and no correspondence will be entered into under such circumstances.

14.1.2 Should the driving instructor as detailed within decide that in the interests of safety for all concerned the weather conditions are too sever he / she reserves the right to cancel and postpone the tuition until such time as the instructor feels it's safe to continue. As stated above such postponement will be a reasonable extension of our obligations. Definition of reasonable extension will be in keeping with the Driving Standards Agency average test waiting times throughout the UK which may vary from time to time, however in the normal course of events would average between 4 - 16 weeks.

14.1.3 Should the client choose to decline the instructors willingness to provide tuition in such circumstances, any tuition not taken will be deducted from the clients overall allocation of hours / days and the driving instructor will reserve the right not to reimburse or replaced such lost hours of tuition. Clients are reminded that in keeping with Force Majeure neither the driving instructor nor Select intensive Driving School ( who acts as agent ) are responsible for matters outside our control and as such no refund of money paid will be offered, unless we are unable to perform our obligations after a reasonable period of postponement as detailed within 14.1.2

14.1.4 Should the Driving Standards Agency decide to cancel your driving test due to poor weather, please see 14.1.5 below which is an an extract from the Driving Standards Agency terms and conditions.

14.1.5 If you're due to take your practical test, follow the advice given on your appointment email or letter. You should call your test centre only if there is snow or ice in your local area on the day of your test.DSA do not conduct tests in bad light or bad weather conditions for the safety of the candidate and the examiner. Another appointment will be arranged automatically at no further cost, but compensation is not payable.A new appointment date is usually sent within three working days. This may take longer when there's a period of prolonged bad weather.If you haven't heard about a new appointment within seven working days, you can check the status of your booking online at direct.gov.uk/drivingtest.If your test hasn't been rebooked at that time, you should call our customer service centre.

14.1.6 You are reminded and as previously reiterated herein your contract for a driving test appointment is between you and the Driving Standards Agency. Your instructor and Select Intensive Driving School ( as agent ) has no contractual obligation to you concerning arrangements that the Driving Standards Agency see fit to make or amend concerning the appointment of a driving test examiner or driving test appointment.

15 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.