Terms &
Conditions
Clearway Driver Training (“CDT”)
instructors are self-employed franchisees of Paul Kirkpatrick (trading as
Clearway Driver Training) of 11 Dart Close, Slough SL3 8UY.
The contract between the instructor
and the pupil is subject to the following terms and conditions:
It is agreed that:
1. By choosing to undertake driving tuition
from a CDT Franchised Instructor (“The Instructor”), the Pupil accepts that this
agreement is between the Pupil, and the Instructor. No contractual liability
shall arise or subsist between the Pupil and CDT.
2. The Instructor shall make his/her services
available to the Pupil for the sole purpose of giving the Pupil driving tuition
at the rate per lesson from time to time agreed.
3. All matters relating to the timing,
location and duration of individual lessons shall be subject to agreement
between the Instructor and the Pupil.
4. The Instructor shall have the right to
substitute another CDT Franchised Instructor for the purpose of giving all or
any of the lessons if the Instructor is not available for any reason
whatsoever.
5. In the event that the Instructor is unable
to substitute another CDT Franchised 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.
6. The Instructor will carry appropriate motor
insurance covering the Pupil whilst driving the tuition vehicle when accompanied
by an Instructor or a Driving Standards Agency Examiner.
7. The lesson fee shall be paid in advance of
each lesson unless agreed otherwise in advance with 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 obligations. CDT cannot accept any responsibility for any payments
of cash made, or cheques made payable, to the Instructor.
8. 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 Franchised
Instructors reserve the right to charge the Pupil any amount up to and including
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
9. 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 or 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 or her having to postpone
any lessons, for whatever reason.
10. The Pupil agrees that he/she is duly
licensed to drive the tuition vehicle. The Pupil will be asked by the Instructor
to show 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.
11. 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 for any amount up to and
including the full cost of the lesson. In addition, 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. The Pupil must also take note of any medication they are taking that may
affect their ability to drive safely and advise the Instructor accordingly
before taking any lesson booked.
12. The Pupil agrees to refrain from smoking in
the tuition vehicle at all times.
13. The Pupil agrees to refrain from consuming
food or drink in the tuition vehicle without the prior consent of the
Instructor.
14. 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.
15. CDT or the Instructor will issue a refund
of any credit balance to pupils who cease to take lessons for any reason,
whether due to passing the practical driving test or not. However, where a
pupil has booked and paid for a course of lessons that includes any promotional
items, the cost of these items may be deducted from any refund at the discretion
of CDT or the Instructor should a pupil cancel lessons prior to taking their
driving test with a CDT Franchised Instructor. Should a refund cheque need to be
reissued for any reason, CDT or the Instructor reserve the right to deduct an
administration fee.
16. 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 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. The Instructor will endeavour to contact the Pupil to alert
them of any delay greater than 5 minutes to the arrival at the agreed meeting
point.
17. 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.
18. Nothing in these terms and conditions will
reduce the statutory rights of the Pupil relating to faulty or misdescribed
goods or services provided. The Instructor has a statutory obligation to provide
you with 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 Pupil
has any doubts about their statutory rights, they should contact their local
Trading Standards Department or Citizen's Advice Bureau. |