Terms and Conditions
These Terms and Conditions also incorporate our Instructor Code of Conduct and Privacy Policy.
INTRODUCTION
These Terms and Conditions apply from 1st June 2020 and replace our previous Terms and Conditions. Our Code of Conduct (Annex 1) and Privacy Policy (Annex 2), which are attached to these Ts ad Cs, may have different dates from which they became applicable according to changes in the law or our amendments and additions thereto.
Any person over the age of 18 making a booking with us will be bound by our Terms and Conditions. Where a booking is made on behalf of someone who is under 18 years of age, the person over the age of 18 making the booking, OR THE PERSON OVER THE AGE OF 18 WHO HAS AUTHORISED A BOOKING TO BE MADE WITH THEIR KNOWLEDGE AND PERMISSION, (such as a parent who may be paying for lessons but allows their child to make the booking), is contractually responsible for ensuring that these Terms and Conditions are adhered to by the person under 18 that the booking is made for, (the Pupil).
We reserve the right to amend our Terms and Conditions, Instructor Code of Conduct and Privacy Policy at any time, but you will be subject to the Terms and Conditions in force at the time you book with us. You should therefore print a copy of these Terms and Conditions when you book for your future reference and peace of mind.
1. Definitions
– The Driving School is the Learn Auto Wales,
– A Pupil is a person who has booked their driving lesson through the Driving School
– A Tuition Hour is the unit of time upon which the price of a Driving Lesson is based. As of the date of these Terms and Conditions, and until amended, a Tuition Hour is 60 minutes long.
– A Driving Lesson is a period of one or more Tuition Hours where practical instruction is to be provided together with the necessary explanations being carried out in a motor car.
– The Instructor is a self-employed person who is properly licensed or registered to conduct Driving Lessons for money or monies worth and who has entered into an agreement with the Driving School to provide tuition services to members of the public using the Trade Name and following the Driving School’s Code of Conduct.
– An Intensive Course is a number of Tuition Hours purchased that are intended to be taken over a shorter period of time than an equivalent number of Tuition Hours might usually be taken.
– An Under 17 session is a period of time provided on a private off-road area that is suitable for pre-learners under the age of 17 to be given Driving Lessons subject to the additional relevant clauses described herein.
– The DVSA is the Driver and Vehicle Standard’s Agency who are responsible for registering, monitoring and policing licensed and registered Driving Instructors in the UK.
1. Introduction
The Driving School works for Instructors as their agents. The Pupil is deemed to have accepted these full Terms and Conditions when taking Driving Lessons, and the Driving School will not accept responsibility for misunderstandings if a Pupil does not read these Terms and Conditions.
1. Copyright material
An Instructor is not authorised to commit the Driving School contractually in any matter; only the signatures of two authorised directors of the Driving School are empowered to do that. Materials may be provided to Pupils that are copyright. When a Pupil stops having Driving Lessons with the Driving School, they must stop using such materials.
1. Driving licence
A Pupil must be in possession of an appropriate driving licence when driving a motor car on the highway. A licence is not required for tuition conducted with drivers under 17 on our private site.
1. Postponement or cancellation of lessons
You must give us at least two clear working days notice to alter or cancel a lesson or you will be charged. We will give you the same notice otherwise you may claim compensation from your Instructor. If a postponement by us causes cancellation of a driving test, the Instructor will reimburse the Pupil with the lost fee.
1. Postponement or cancellation of driving test
Details about the notice the Driver and Vehicle Standards Agency, (the ‘DVSA’), needs to postpone or cancel a driving test are on the letter which will be sent to the Pupil by the DVSA to confirm the test. The Instructor will try to advise about cancelling a driving test in time to preserve the Pupil’s right to a refund of the test fee but this cannot always be guaranteed and depends on the Pupil’s progress as they near a test date. Neither the Driving School nor the Instructor accept responsibility for driving tests postponed or cancelled by the DVSA. However, advice will be given on how to make a claim if the test has been cancelled at short notice by the DVSA.
1. Communication with the Instructor or the Driving School
Telephone messages can be left for the Instructor at the head office of the Driving School using its advertised telephone number and we aim to record all such calls. Pupils can also send letters addressed to the Instructor to the head office. Written notes or recordings of telephone calls may be kept by the Driving School, together with emails and other electronic materials and may be used to investigate complaints or otherwise improve services.
1. Driving Instructors
The Driving School has been promised by Instructors that they shall be legally entitled to give instruction and also be properly insured in any car used by them. Instructor’s documents will be prominently displayed on the tuition vehicle’s front windscreen. Instructors are also required to follow the Driving School’s Code of Conduct and the Driving School’s operating procedures. Any breach of these requirements should be reported to the Driving School at its head office.
1. Change of Driving Instructor
Pupils who book an intensive course will not be eligible to change Instructors. Pupils otherwise wanting to change their Instructor should notify the Driving School. If the Driving School cannot change instructors for standard Driving Lessons the Pupil shall be entitled to the return of any unexpired fees paid in advance in accordance with these Terms and Conditions. When an instructor leaves the Driving School, arrangements will be made for lessons to be conducted with an alternative Instructor of the Driving School. Instructors are not allowed to conduct lessons with Pupils for a period of 6 months after their association with the Driving School has ended without our express written permission and any such lessons conducted should be notified to the Driving School.
1. Duration and pick up of Driving Lessons
The length of a Tuition Hour will be set each year by the Driving School and is described in the Definitions herein. It will be assumed that the drop off location at the end of the lesson will be the same as the pick up at the start unless alternative arrangements have been agreed with the Instructor or the Driving School prior to the start of the lesson. Instructors are not bound to make such alternative arrangements. Unless specifically requested otherwise by the Pupil, some Instructors may operate a piggy back system when running their appointments. Some Instructors do this because they feel it might benefit their Pupil and if this happens some Pupils may not be returned home until up to half-hour after their lesson has ended.
1. Price and type of Driving Lessons and collection of money
The price of a Tuition Hour and any discounts or special offers available is set each year by the Driving School after consultation with Instructors, and details are available on our website. Pupils’ money that is paid directly to an Instructor will be held by the Instructor and any refunds must therefore be obtained from the Instructor to whom money was paid. The Driving School will act for a Pupil to recover a refund if asked, but will only accept responsibility for money paid directly to it. A full accounting of money and lessons is available upon request from the head office, or via the pupil login section of the Driving School website at www.A2ZofMotoring.co.uk. A reasonable charges may be made to cover credit card transactions or in the event of a dishonoured or represented cheque.
1. The Driving test
The Instructor will advise when to make a driving test application. The timing of a test application requires a degree of professional judgement by the Instructor and no responsibility can be accepted in this regard. No responsibility is accepted by the Driving School or the Instructor for any delay in making an application for a test for any reason. Pupils who receive an appointment for a driving test must immediately inform the Driving School of the details if they want to reserve the Instructor’s car for the test. If the car is already booked, a change of test date may be necessary. Pupils booking their own Driving Test without the knowledge or permission of the Instructor will not be taken on that test in the Instructor’s tuition vehicle.
1. Use of Instructor’s car for driving test
Applications for driving tests are advised when the Pupil’s progress is expected to be maintained and their future co-operation is anticipated. It does not imply that the required standard has been reached nor that it will for certain be attained by the test date. The Instructor, if necessary, will advise postponement or cancellation if the Pupil’s interests and/or public safety will be best served. The Instructor will withhold the use of the tuition car for the driving test if, in their considered opinion, the Pupil has for any reason not reached a satisfactory stage of driving competence, even if the test had been applied for with the Instructor’s knowledge and consent. Pupils who undertake an Intensive course or apply for a test at short notice should pay particular attention to this clause.
1. Monitoring of Instructors
For the purpose of ensuring satisfactory standards it may be necessary for a supervisor to be present in a tuition vehicle during some lessons. Such person will not take any part in the Instructor’s work or duties.
1. Punctuality
While all care is taken to ensure that Pupils receive tuition at the time and in the car booked by them all appointments are made on the understanding that neither the Instructor nor the Driving School will accept liability for the late start or postponement or cancellation of Driving Lessons due to causes beyond their control.
1. Change of Instructor
The Driving School reserves the right to change a Pupil’s Instructor without notice. A Pupil may request a change of Instructor at any time up to 3 days before a Driving Lesson has been booked, EXCEPT WHERE AN INTENSIVE COURSE OR UNDE 17 SESSION HAS BEEN BOOKED. The Driving School will not change Instructors on an Intensive Course of under 17 session, except where the original Instructor is unable to fulfil their duties.
1. Under 17 sessions
Pupils taking part in Under 17 driving sessions must satisfy the following conditions:
– participants must be over 14 years of age and at least 1.42 metres tall and capable of reaching the necessary controls of their tuition vehicle;
– participants must be accompanied throughout their attendance at the Under 17 venue by an adult or guardian or a responsible adult over the age of 18 years;
– participants must be in good health and have eyesight at least to the standard required by law for driving;
– participants must be free from any medical conditions that may affect their ability to drive, and free from alcohol or drugs;
– participants must not use a mobile phone or other communications device whilst driving the tuition vehicle;
– participants must wear a properly fastened seatbelt at all times whilst in the tuition vehicle;
– participants must comply with all reasonable requests from the Driving School or the Instructor during all Under 17 sessions;
– participants may be filmed and recorded as part of their involvement in Under 17 sessions, and the intellectual property rights of such footage are property of the Driving School and may be used for marketing or any other reasonable purpose by the Driving School.
The decision of the Driving School is final in all matters appertaining to Under 17 sessions and the responsible adult accompanying the participant is responsible for the conduct of the participant whilst on site and for any breaches of the terms of this clause by the participant.
1. Refunds for Driving Lessons
If a prepayment is made for Driving Lessons, (excluding Intensive courses and Under 17 sessions), any refund for Driving Lessons not taken and not forfeited will be calculated on the basis that the Driving Lessons taken or forfeited are to be charged at the full lesson rate and a reimbursement made of the unused portion of the prepayment, less a reasonable administration charge which may be made. Driving lesson refunds should be requested through the Driving School although there may be a delay in making refunds where the Instructor is holding money that has been paid directly to them. PLEASE NOTE THAT ALTHOUGH THE DRIVING SCHOOL WILL MAKE EVERY EFFORT ON YOUR BEHALF TO COLLECT AND REPAY MONEY HELD BY AN INSTRUCTOR, NO RESPONSIBILITY IS ACCEPTED FOR ANY MONEY NOT PAID DIRECTLY TO THE DRIVING SCHOOL.
1. Refunds for prepaid Intensive Courses and Under 17 sessions
Prepayment must be made for Intensive Courses and Under 17 sessions and our refunds policy for Intensive Courses and Under 17 sessions is different from our refunds policy regarding normal Driving Lessons. Refunds for Intensive Courses and Under 17 sessions will be made on the following basis:
Intensive Courses Under 17 sessions
Over 30 days notice: Refund except deposit Full refund *
15 to 29 days notice: No refund 50% refund *
14 days notice or less: No refund No refund
* Less a reasonable administration charge
In exceptional circumstances, the Driving School at its sole discretion may, as a goodwill gesture, reschedule an Intensive Course or Under 17 session where otherwise the strict implementation of this clause may result in unreasonable loss to the Pupil.
1. Transferability of Driving Lessons and Courses
Standard Driving Lessons may be transferred up to 2 clear days before the lesson appointment is scheduled, although the Instructor reserves the right to reduce the duration of the lesson if additional travelling time is required to collect the new Pupil from a different address than had been originally agreed.
Intensive Courses are not transferrable.
Under 17 sessions nay be transferred up to and including the day that the session is booked for, subject to the other Terms and Conditions contained herein.
1. Conditions attached to Special offers and Gift vouchers
Special offers cannot be used in conjunction with another offer and more than one discount cannot be applied to one transaction. Individual courses and occasional offers may have special conditions attached to them and where those conditions exist they will have priority over the Terms and Conditions as described herein. Special offers are not transferrable and there is no alternative reward if the existing Pupil cannot make full use of the Special offer for any reason. Special offers may be withdrawn at any time without notice. All Gift vouchers, unless specified otherwise on the voucher itself, are valid for 6 months from the date of purchase.
1. Complaints
The Driving School will investigate all complaints and respond after having investigated. Complaints should be made not more than seven days after the date which gave rise to the complaint otherwise the matter may not be capable of being properly investigated. Every effort will be made to resolve every complaint but these Terms will form the basis of deliberation. Should the Pupil not accept the Driving School’s recommendation they can contact the Registrar of ADI’s or otherwise refer the matter to the Small Claims Court to recover money held by the Instructor.
1. Limit of liability in dealing with Driving Lesson complaints
Any refund resulting from a complaint being upheld will be limited to the value of the Driving Lesson that gave rise to the complaint. No refund will be given in respect of any lessons that were conducted prior or subsequent to this. Neither the Driving School not the Instructor shall be liable for any consequential loss, including but not limited to travel and hotel expenses.
1. Waiver without prejudice
If the Driving School does not enforce any of these Terms or Conditions it will not prevent any subsequent enforcement of the Terms or Conditions. These Terms and Conditions can only be changed in writing by at least two of the directors of the Driving School and will then be displayed on our website with the date from which the amended Terms and Conditions will apply.
1. Website statistics
For purposes of our website the following special definitions and conditions apply:
1. i) A lesson is deemed to be “on time” if it is commenced within 15 minutes of the appointed time.ii) Statistics are calculated from 1st January 2001 unless specified otherwise.iii) If a website statistic calls upon data that does not exist in a pupil record then that pupil record is not included in the statistic.iv) Where rounding occurs, figures are rounded up.
2. Forms of communication
For purposes of applicable law, our communicating with you by email or email attachments or via our website or by any other electronic means is deemed to be communication in writing. We may also rely on tape recordings of telephone conversations we have had with you. This condition does not affect your statutory rights. A full copy of these Terms and Conditions is available from our website or can be emailed free of charge to any person upon request.
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ANNEX 1: Instructor Code of conduct
This Code of Conduct applies from 1st January 2016 and replaces our previous Code of Conduct.
1. Personal conduct
Your Instructor will at all times behave in a professional manner towards you. You will be treated with respect and consideration. Your Instructor will try to avoid physical contact with you except in an emergency or in the normal course of greeting. Whilst reserving the right to decide against giving tuition, you will not act in any way which contravenes legislation or discrimination.
1. Business dealings
Your Instructor will safeguard and account for any money paid in advance by you in respect of driving lessons, test fees or for any other purpose and will make the details available to you on request.
The Driving School on or before the first lesson will advise you of the main Terms and Conditions and can advise you where you can obtain, without charge, a written copy of those full terms which will include:
• the legal identity of our Driving School with a full address and telephone number at which your Instructor or his/her representative can be contacted
• the price and duration of Driving Lessons
• the price and conditions for use of the Driving School car for the practical driving test
• the terms under which cancellation by either party may take place
• the procedure for complaints
The Instructor will check your entitlement to drive the vehicle and your ability to read a number plate at the statutory distance on the first lesson. When presenting you for the practical test your Instructor will ensure that you have all the necessary documentation to enable you to take the test and that the vehicle is road worthy.
Your Instructor will advise you when to apply for your theory and practical tests, taking account of local waiting times and forecast of your potential for achieving the driving test standard.
Your Instructor will not cancel or rearrange a driving test without your agreement. In the event of your Instructor’s decision to withhold the use of the school car for the driving test, he or she will aim to give sufficient notice to you to avoid loss of the DVSA test fee.
Your Instructor should at all times, to the best of his or her ability, endeavour to teach you correct driving skills according to the DSA’s recommended syllabus.
1. Advertising
The advertising of driving tuition shall be honest; claims made shall be capable of verification and comply with codes of practice set down by the Advertising Standards Authority. Advertising that refers to any pass rates will not be open to misinterpretation and the basis on which the calculation is made will be clear.
1. Conciliation
Complaints should be made in the first instance to the Driving School following the complaints procedure issued. Failing agreement or settlement of a dispute, reference may be made to DVSA’s Registrar of Approved Driving Instructors who will consider the matter and advise accordingly. Should the Registrar not be able to settle the dispute he or she may set up a panel, with representatives from the driver training industry, to consider the matter further or advise that the matter should be referred to the courts or other statutory body to be determined.
1. For further information or advice, write to:
The ADI Registrar – Driver and Vehicle Standards Agency
P O Box 280
Newcastle upon Tyne
NE99 1FP
Telephone 0300 200 1122
END OF OUR INSTRUCTOR CODE OF CONDUCT
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ANNEX 2: Our Privacy policy
Our Privacy Policy, incorporating the General Data Protection Regulations
[Last amended 25th May 2018, replacing any previous Privacy Policy of ours]

1. Introduction


1. The types of personal data we collect and use

Whether or not you become a Pupil, we’ll use your personal data for the reasons set out below and if you become a Pupil we’ll use it to manage the service you’ve asked us for. We’ll collect most of this directly during your initial booking process. The sources of personal data collected indirectly are mentioned in this Policy. The personal data we use may include:
– Full name and personal details including contact information (e.g. home address, other relevant addresses, email addresses, home and mobile telephone numbers).
– Date of birth and/or age and driving licence details (e.g. to make sure that you’re eligible to take driving lessons and to apply for a driving test).
– Other data relevant to enable us to provide services to you (e.g. details of your availability and preferences for services).
– Records of products and services you’ve obtained and how and when you use them and the relevant technology used to access or manage them, (e.g. mobile phone data to record whether texts we send you have been received).

1. Providing your personal data

We collect personal data directly from you or your personal representative, such as your parent or partner making a booking on your behalf. If you do not provide us with the information we need, we may not be able to provide you with services.

We’ll tell you if providing some personal data is optional, including if we ask for your consent to process it. In all other cases you must provide your personal; data so we can process your enquiry (unless you’re a customer and we already hold your details).

1. Monitoring of communications

Subject to applicable Laws, we’ll monitor and record your calls, emails, text messages, social media messages and other communications in relation to your dealings with us. We’ll do this for regulatory compliance, self-regulatory practices, crime preventions and detections, to protect the security of our communications systems and procedures, to check for profane content, for quality control and staff training, and when we need to see a record of what’s been said and done. We may also monitor activities on your account where necessary for these reasons and this is justified by our legitimate interests or our legal obligations.

1. Using your personal data: the legal basis and purposes

We’ll process your personal data:

1. As necessary to perform our contract with you for the relevant service:
(a) To decide whether we can offer service to you.
(b) To take steps to introduce an appropriate driving instructor to you.
(c) To manage and perform that contract and your account with us.
(d) To update our records; and
(e) To contact you about your account.

1. As necessary for our own legitimate interests or those of other persons and organisations, e.g.:
(a) For good governance, accounting and managing and auditing our business operations.
(b) To monitor emails, calls, other communications, and activities on your account.
(c) For market research, analysis and developing systems, and
(d) To send you marketing and other relevant communications as we believe aids good business practice.

iii. As necessary to comply with a legal obligation, e.g.:
(a) When you exercise your rights under data protection law and make requests.
(b) For compliance with legal and regulatory requirements and related disclosures.
(c) For establishment and defence of legal rights.
(d) For activities relating to the prevention, detection and investigation of crime.
(e) To verify your identity, and
(f) To monitor emails, calls, other communications, and activities on your account.

1. Based on your consent, e.g.:
(a) When you request us to disclose your personal data to other people or organisations such as a person making or dealing with a booking on your behalf, or otherwise agree to disclosures.
(b) When we process any special cetegories of personal data about you at your request (e.g. your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning your health, sex life or sexual orientation), and
(c) To send you marketing communications where we’ve asked you for your consent to do so.

You’re free to change your mind and withdraw your consent. The consent might be that we can’t do certain things for you.

1. Sharing of your personal data

Subject to applicable data protection law, we may share your personal data with:
– Other associated companies in which we have a shareholding.
– Subcontractors and other persons, (such as self employed driving instructors), who help us provide our services.
– Companies and other persons providing services to us.
– Our legal and other professional advisors, including our auditors.
– Government bodies and agencies in the UK and overseas (e.g. HMR).
– Courts, to comply with legal requirements and for the administration of justice.
– In an emergency or to otherwise protect your vital interests.
– To protect the security or integrity of our business operations.
– To other parties connected with your account (e.g. parents or partners who may make bookings or cancel bookings on your behalf).
– When we restructure or sell our business or its assets or have a merger or re-organisation.
– Market research organisations who help to improve our services.
– Anyone else where we have your consent or where it is required by law.

1. Your marketing preferences and related searches

We’ll use your home address, phone numbers, email address and social media (e.g. Facebook, Google and message facilities in other platforms) to contact you according to your preferences. You can change your preferences or unsubscribe at any time by contacting us. In the case of social media messages you can manage your social media preferences via that social media platform.
If you have previously told us that you don’t want information on other products and services or to be included in market research, we will continue to respect your wishes. You can tell us at any time if you want to stop receiving this information.

1. Criteria used to determine retention periods (whether or not you become a customer)

We’ll retain your personal data for six years after your account has been closed or has remained inactive or has otherwise come to an end based on our legal and regulatory requirements. In some circumstances we may keep your information longer than this, for example:
– Retention in case of queries. We’ll retain your personal data as long as necessary to deal with your queries (e.g. if you have a credit or debit balance on your account);
– Retention in case of claims. We’ll retain your personal data for as long as you might legally bring claims against us; and
– Retention in accordance with legal and regulatory requirements.

1. Your rights under applicable data protection law

Your rights are as follows (noting that these rights don’t apply in all circumstances):
– The right to be informed about our processing of your personal data.
– The right to have your personal data corrected if it’s inaccurate and to have incomplete personal data completed.
– The right to object to processing of your personal data.
– The right to restrict processing of your personal data.
– The right to have your personal data erased (the “right to be forgotten”).
– The right to request access to your personal data and information about how we process it.
– The right to move, copy or transfer your personal data, (“data portability”).
– Rights in relation to automatic decision making including profiling.

In the event that data needs to be deleted, this will be carried out under the supervision of two of our directors, one of them being our director in charge of IT services. If we are asked to provide data electronically, we will endeavour to provide this in whatever commonly used format our customer requires.

You have the right to complain to the Information Commissioner’s Office. It has enforcement powers and can investigate compliance with data protection law and can be found at ico-org-uk.


1. Data anonymisation and aggregation

Your personal data may be converted into statistical or aggregated data, which can’t be used to identify you, then used to produce statistical research and reports. This aggregated data may be shared and used in all the ways described above.

END OF OUR PRIVACY POLICY