Terms & Conditions

Clearway Driver Training Terms & Conditions of business commencing 15/11/2004. Last amended 14/09/2016.

Use of our website or services is governed by these Terms & Conditions. By using our website or services, you agree to these terms.

Definitions

Throughout this agreement:

  1. "CDT" refers to Clearway Driver Training, a trading name of Paul Kirkpatrick.
  2. "Instructor" refers to Clearway Driver Training driving instructors who are self-employed franchisees of Paul Kirkpatrick (trading as Clearway Driver Training).
  3. "Company" refers to CDT and its Instructors
  4. "Pupil" refers to the person receiving driving tuition from a CDT Instructor.
  5. "Purchaser" refers to the person buying driving tuition from CDT or a CDT Instructor, either for themselves or for a third party.
  6. "Customer" refers to the Purchaser and the Pupil
  7. "Special Offers" refer to those offers shown on the Special Offers page of the CDT website.

General Terms & Conditions

  1. The contract for driving tuition is solely between the Pupil and the Instructor. The Pupil and the Instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons. No contractual liability shall arise or subsist between the Pupil and CDT.

  2. The Instructor will carry appropriate motor insurance covering the Pupil whilst driving the tuition vehicle when accompanied by an Instructor or a Driver & Vehicle Standards Agency Examiner.

  3. The Pupil agrees that he/she is duly licensed to drive the tuition vehicle. The Pupil will be asked by the Instructor to show all parts of their driving licence at their first lesson. Failure to provide this will result in cancellation of the lesson and the full lesson fee being charged.

  4. The Pupil will notify the Instructor of any matter that affects his/her ability or entitlement to have driving tuition. This includes, but is not limited to: taking medication that may affect the ability to drive safely, any medical condition that may affect ability to drive, any lack or loss, of a valid provisional driving licence, any revocation of driving entitlement.

  5. The Instructor reserves the right to refuse to give tuition if, in the opinion of the Instructor, it is considered that the Pupil is unfit to drive due to any reason, including but not limited to: being under the influence of alcohol or drugs, illness, injury, failing to wear glasses or contact lenses where these are required by law, wearing footwear or other clothing that would make driving hazardous. In these instances, the Instructor reserves the right to charge the Pupil the full cost of the lesson.

  6. The Instructor reserves the right to withhold the use of the tuition vehicle for the purposes of taking a practical driving test if, in the opinion of the Instructor, this would best serve the Pupil's interests. This includes, but is not limited to, a situation where the Pupil has disregarded the Instructor's advice to reschedule their test.

  7. The Pupil agrees to refrain from smoking in the tuition vehicle at all times.

  8. The Pupil agrees to refrain from consuming food or drink in the tuition vehicle without the prior consent of the Instructor.

  9. The Pupil agrees that it is their responsibility to provide all relevant documentation required when taking their theory and practical driving tests. Neither CDT nor the Instructor accept any responsibility for any losses caused by failure to provide this documentation.

Special Offers

  1. Special Offers (unless otherwise stated) are available only to learner drivers (i.e. holders of a UK provisional driving licence).

  2. Special Offers apply only to new CDT Pupils.

  3. Offers are limited to one per Pupil and cannot be repeated.

  4. The costs, discounts and savings shown are calculated in direct comparison with CDT Pay-As-You-Go prices.

  5. Tuition hours purchased under a Special Offer are valid for a period of six calendar months from purchase date or the date of the Pupil's last completed driving lesson, whichever is later. After this period has elapsed, any credit balance is non-refundable and the remaining hours are forfeited.

  6. Special Offers are available at the sole discretion of CDT and its agents and may be replaced or withdrawn at any time.

  7. Special Offer terms and conditions are shown in full on the Special Offers page of the CDT website.

Gift Vouchers

  1. CDT Driving Lesson Gift Vouchers remain the property of the Purchaser until the 'valid from' date. From this date onwards, the voucher is deemed to be the property of the Pupil.

  2. Gift Vouchers are bespoke and personalised for the individual named on the voucher and are not transferable.

  3. Gift Vouchers issued are recorded and will not be honoured if not in accordance with CDT records.

  4. Gift Vouchers have no cash value

  5. Gift Vouchers are valid for use up to six calendar months from the 'valid from' date. Vouchers not used in this time will become null and void.

  6. Requests for refunds must be made in writing within thirty days from the 'valid to' date. Refunds will be subject to the deduction of an administration fee equal to either 10% of the value of the voucher or £10 (whichever is the higher figure).

  7. If the Purchaser requests a refund after the voucher is deemed to be owned by the Pupil, agreement from the Pupil must be provided in writing before any refund can be issued.

  8. Driving tuition purchased as a Gift Voucher is subject to our driving lesson and/or special offer terms and conditions in addition to the gift voucher terms and conditions.

  9. Gift Voucher terms and conditions are shown in full on the Gift Vouchers page of the CDT website.

Payments & Refunds

  1. The lesson fee shall be paid in advance of each lesson unless prior agreement otherwise is obtained from the Instructor. Where payments are made direct to the Instructor, CDT do not accept any responsibility whatsoever for any acts, default or failure on the part of the Instructor to carry out his/her obligations. CDT cannot accept any responsibility for any payments made direct to the Instructor.

  2. CDT acts as agent for the Instructor in receiving payments for driving tuition, other than payments made directly by the Customer to the Instructor. Where CDT makes bookings with, or supplies any information or documentation to the Customer, or processes any payments for lessons, they act as the agent of the Instructor.

  3. The Student Price is available during weekdays (Monday to Friday). It is not available at weekends or on public holidays and is only applicable to those studying on a FULL TIME course at school, college or university (i.e. This is defined as a minimum of 15 hours physical attendance at school, college or university. Student price is not available to those participating in distance learning courses such as Open University or to those on apprenticeships). Students will need to provide proof of student status on their first lesson to qualify for the Student Price.

  4. Discounts for Pre-Paid Courses are only available when payment is made for the entire course in advance or at the time of the first lesson in a single payment.

  5. All prices, discounts and Special Offers are available at the sole discretion of CDT and its agents. Prices are subject to change and any discounts or Special Offers may be replaced or withdrawn at any time. The prices, discounts and Special Offers displayed on the Company Website are current and any previous prices, discounts or Special Offers should be disregarded. Any changes to our standard prices or discounts will be updated on the Company Website.

  6. Should a Pupil cease to take lessons for any reason, a refund will be issued on the understanding that any lessons taken from a partially completed Pre-Paid Course will be charged at the appropriate Pay-As-You-Go lesson rate and this will be reflected in the refunded amount. For example, if a Pupil purchases a Standard Rate 5 hour Pre-Paid Course at £130 but stops taking lessons after 2 hours, the refunded amount would be £130 less 2 hours at £27 per hour which is £76.

  7. Should a refund be requested from a partially completed Special Offer, a refund will be issued on the understanding that any lessons taken will be charged at the standard Pay-As-You-Go lesson rate and this will be reflected in the refunded amount. For example, if a Pupil purchases a Jump Start 5 hour Special Offer at £99 but stops taking lessons after 2 hours, the refunded amount would be £99 less 2 hours at £27 per hour which is £45.

  8. Should a refund be requested prior to the commencement of driving lessons, a £10 administration fee will be deducted from the refunded amount.

  9. Tuition hours purchased are valid for a period of twelve calendar months from purchase date or the date of the Pupil's last completed driving lesson, whichever is later. After this period has elapsed, any credit balance is non-refundable and the remaining hours are forfeited. In the case of special offers, this period is reduced to a period of six calendar months from purchase date or the date of the Pupil's last completed driving lesson, whichever is later.

  10. Refunds will be made by bank transfer or, in exceptional circumstances, by cheque. Cash refunds will not be provided.

  11. Should a refund cheque need to be reissued for any reason, CDT or the Instructor reserve the right to deduct a £20 administration fee.

Cancellations & Punctuality

  1. All matters relating to the timing, location and duration of individual lessons shall be subject to agreement between the Instructor and the Pupil.

  2. The Instructor shall have the right to substitute another CDT Instructor for the purpose of giving all or any of the lessons if the Instructor is not available for any reason whatsoever.

  3. In the event that the Instructor is unable to substitute another CDT Instructor for a specific appointment, or in the event of mechanical breakdown or other cause, the Instructor reserves the right to rearrange the lesson to a time convenient to both parties.

  4. If the Pupil fails to give the Instructor (either direct or via the CDT office) forty-eight hours notice when cancelling any lesson (including weekends and Bank Holidays), CDT and CDT Instructors reserve the right to charge the Pupil the full cost of the lesson. In making any bookings, supplying any information or documentation to the Pupil, and processing any payments, CDT act as agents of the Instructor, and accordingly, the Pupil acknowledges that CDT cannot have any liability to the pupil in respect of any matter which is subject to the contract between the Pupil and the Instructor

  5. The Instructor will endeavour to give the Pupil forty-eight hours notice when cancelling any lesson (including weekends and Bank Holidays) due to unforeseen circumstances. The Instructor reserves the right to postpone lessons if he/she feels that the weather or road conditions are unsuitable or dangerous. Neither CDT nor the Instructor can be held responsible for any costs incurred as a result of him/her having to postpone any lessons, for whatever reason.

  6. The Pupil accepts that it is in their own interests to be punctual for their lesson appointments. All such appointments should be recorded to ensure that mistakes are avoided. Where the Pupil fails to arrive punctually for a lesson, the Instructor would normally make efforts to contact the Pupil and then wait for a maximum of fifteen 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 Instructor delay would be made up by the Instructor either at the end of the normal lesson time if possible or at a later date. The Instructor will endeavour to contact the Pupil to alert them of any delay greater than five minutes to his/her arrival at the agreed meeting point.

Other & Liability

  1. In the event of a complaint all efforts must be made to resolve the problem directly with the Instructor. If any problem cannot be resolved, the complaint may be passed to the CDT Office for further investigation.

  2. The Instructor and/or CDT are not liable for any loss or damage caused where, and to the extent that:

    • there is no breach of a legal duty owed to the Customer by the relevant person or body
    • such loss or damage is not a reasonably foreseeable result of such a breach
    • any such loss or damage, or increase in the same, results from any breach or omission by the Customer
    • any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body

  3. The Instructor and/or CDT shall not, in any event, be liable for losses relating to any business interests the Customer may have including, without limitation, lost profits, loss of opportunity or business or business interruption.

  4. The Customer is reminded that CDT is not party to the contract for driving tuition itself, which is between the Pupil and the Instructor. This does not affect any liability that CDT may have for any loss or damage you may incur which is caused directly as a result of any breach (including negligence) by it or them of any legal duty owed by it or them to you.

  5. Nothing in these terms and conditions will reduce the statutory rights of the Customer relating to faulty or misdescribed goods or services provided. The Instructor has a statutory obligation to provide goods and services fit for the purpose for which they were purchased and as described. Similarly, any goods supplied by the CDT Office must also be fit for the purpose for which they were purchased and as described. If the Customer has any doubts about their statutory rights, they should contact their local Trading Standards Department or Citizen's Advice Bureau.

  6. These terms and conditions are governed by the laws of England and Wales.

  7. Previous versions of these Terms & Conditions are available on request.

Privacy & Cookies

  1. CDT, its agents and Franchised Instructors will not sell or otherwise disclose Pupils’ details to any third party unless required to do so by law.

  2. CDT, its agents and Franchised Instructors do not store credit card details.

  3. Instructors ask successful pupils for a photograph when they have passed their test. By agreeing to this, you are allowing us to use the photograph online as promotional material.

  4. The full privacy and cookies policy, can be seen on the Privacy & Cookie Policy page of the CDT website.

Website Terms

  1. The full policy of Terms & Conditions for use of the CDT website, can be seen on the Website Terms page of the CDT website.

FAQ