Terms and Conditions

Flying Colours Driver Training Terms and Conditions

By agreeing to commence lessons or courses you agree to the following Terms and Conditions.


ABOUT US


Flying Colours Driver Training is a business which provides driving tuition. Your instructor is self-employed and operates the business of Flying Colours Driver Training. The contract for driving tuition is solely between you and your instructor.


TUITION


In order to receive driving lessons (tuition) you must:



  1. Be aged 17 or over, or aged 16 or over and receive the higher rate of Disability Living Allowance;

  2. Hold a driving licence that is valid for the UK (provisional full or an appropriate foreign licence); and

  3. Be able to read a number plate from a distance of 20.5 metres (67 feet) using your glasses or contact lenses if normally worn.


It is your responsibility to provide your instructor with proof that you have a valid licence to drive and can read a number plate (as stated above) before the commencement of your first driving lesson. If you fail to provide proof, your instructor is entitled to refuse to conduct the driving lesson but may still charge you for such driving lesson.


LESSONS


You and your instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons. On your first lesson you must present your instructor with a valid provisional licence. You must notify your instructor immediately of any matters which affect your ability or entitlement to have driving tuition e.g. any lack or loss of a valid UK professional driving licence or medical conditions. Your lessons will be conducted on a one-to-one basis. Lessons will be for a minimum of 1 hour in duration, if for any reason the instructor is running late he will make a concerted effort to inform the pupil of his estimated time of arrival. Should the delay be greater than 15 minute this time will be adjusted either by holding credit or extending the next suitable lesson, this will be made at the instructors discretion. The instructor will arrive at the location agreed for your lesson, if there is no reply at the location in question, we will wait approximately 15 minutes. If after 15 minutes you have not made contact or your instructor is unable to reach you, the lesson will be abandoned, and you will be required to pay for the lesson(s) in question. A record of your progress will be kept by the instructor and you may request a copy. You are expected to take any reasonable advice that we give you in respect of your driver training and allow your instructor to decide when you are test ready. Your instructor will provide you with all the necessary training in preparation for the test but cannot guarantee that you will pass your test. You should ensure that your mobile phone is switched off, prior to entering the vehicle for safety reasons. Your instructor will not use a mobile phone whilst the vehicle is moving on a driving lesson. If the instructor believes that you are unfit to carry out the lesson safely, due to self-induced circumstance (e.g. Alcohol or Drugs) the lesson will be cancelled and you will be charged in full for the driving lesson. We do not tolerate any form of abusive behaviour. If you display abusive behaviour towards your instructor, this will result in the lesson or driving course being terminated and you will be charged for the lesson or driving course fee.


DRIVING TEST


If you require your instructor to book or alter your driving test a £3.00 administration fee will be charged. If we book a driving test on a candidates behalf and we do not receive full payment within 7 days unless otherwise agreed, the test can be cancelled by the instructor at any time. On the day of the test a 3 hours lesson must be booked to allow for the test itself and a warmup period which will include a mock test. A 3 hours advance payment will be required when booked. During the warmup session you and your instructor will be required to check the vehicles for the ‘Show me tell me’ questions. In the event that any part of the vehicle fails every endeavour will be made to repair or replace the vehicle in good time. We will not be held liable for any test fees lost as a result of the DVSA cancelling the test for loss or malfunction of any part of the vehicle. The instructor reserves the right to withdraw the training car from the driving test in the interest of safety, if in the instructors opinion, your driving is potentially or actually dangerous and does not meet the standard expected. Further training will then be required to meet the standard expected at a further cost to you.


PAYMENT


To make payment for your lesson you can use one of the following methods:



  1. Payment by bank transfer (contact your instructor for these details).

  2. Payment by PayPal including fees (contact your instructor for these details).

  3. Payment by cash direct to your instructor.

  4. Vouchers can be redeemed and are valid until the date shown on them.


You must pay for any tuition at the beginning of each ‘pay as you go’ lesson* or by pre-payment for any lessons, block bookings and intensive training courses. *you may be required to pay in advance for ‘pay as you go’ lessons if you do not show up for the lesson(s) or do not follow the cancellation policy.


BLOCK BOOKINGS, INTENSIVE TRAINING AND PASS PLUS COURSES


You will be expected to pay a non-refundable deposit to secure the lessons/courses. If you have to cancel the lessons/courses, you must comply with the Cancellation Policy Block bookings, intensive training and pass plus courses are provided on the understanding that no refunds will be given, and all lessons/courses must be completed within 90 days of purchase (60 days if less than 5 hours left).


GIFT VOUCHERS


Always keep the gift voucher (‘Voucher’) in a safe place as it cannot be re-issued if lost or damaged. The Voucher is valid until the date shown and must be redeemed by that date. The Voucher has no cash value. The Voucher is non-refundable. The Voucher is for the individual named on the Voucher and is not transferrable. Vouchers are subject to availability. Once the Voucher is redeemed for the lessons, all lessons must be completed within 90 days from the date the Voucher was redeemed.


CANCELLATION POLICY


If you want to cancel a lesson, a minimum of 48 hours’ working days prior notice must be given for standard ‘pay as you go’ driving lessons. If you fail to provide the correct notice you will be charged for the full price of your lesson. If you have booked an intensive or driving course in advance, a minimum of 15 working days prior notice is required. Please note that any deposit which has been paid is non-refundable. If you fail to provide the correct notice or have begun the intensive or driving course and wish to cancel the course you will be charged for the full price of the course. You must notify your instructor of the cancellation of lesson(s) by:



  1. Phone call;

  2. Email; or

  3. Text


Please note if you are notifying your instructor by email or text please ensure it is received otherwise the lesson(s) may still be charged. In addition to this when cancelling a lesson(s) this must be done during the instructors operational hours which are Monday to Saturday 7am – 8pm only, not including Sundays or Bank Holidays. If your instructor needs to postpone or reschedule a lesson, a minimum of 48 hours’ notice will be given, unless the following circumstance occur:



  1. Traffic conditions;

  2. Adverse weather conditions;

  3. Mechanical breakdown of equipment;

  4. Illness;

  5. Any other cause outside of the instructors control; or

  6. Where the DVSA cancel your driving test.


Where circumstance occur out of the instructors control (a to f) the instructor is not responsible and a postponement of your driving lesson(s) will apply. If you fail to provide the prior notice required for the lesson, intensive or driving course you will be charged at the full rate of the lesson(s) concerned. If any payment remains outstanding after 7 days we may consider passing the debt to a collection agency will charge you for the recovery cost in addition to this we will also charge £25.00 for administration. In the event of you having booked your driving test, the DVSA requires you to give three clear working days to cancel your test. This may mean that you may lose your DVSA test fee if your instructor says you are not ready for your test or you have not consulted with your instructor as to his availability.


COVID-19 


Please inform us immediately if you are showing symptoms of COVID-19 no matter how mild this applies for both driving lessons and the practical driving test. 


Revised late cancellation policy due to COVID-19 where charges will be waivered in the event of the symptoms.


• High temperature causing a fever


• Persistent Cough


• Fatigue 


• Loss of Smell and Taste


• Loss of appetite - Skipped meals


• Hoarse voice


And or in the event of the following
• If you or anyone in your household becomes unwell and has symptoms
• If you believe that you may have been in contact with someone showing symptoms
• If I become unwell and are showing symptoms or if anyone in my household is showing symptoms
• If I believe that I may have been in contact with someone showing symptoms.


TRANSFERABILITY OF LESSONS OR DRIVING COURSES


You cannot sell or transfer lessons or driving courses which have been purchased in your name to any other person.


PROPERTY OF FLYING COLOURS DRIVER TRAINING


All question papers, handouts, books, DVD, C.D rom and relevant materials referred to as items remain the property of Flying Colours Driver Training. If you use the property you will pay a deposit for the use of the property. If you do not return the property upon request or the property is returned damaged a fee will be charged for replacement or full deposit retained if applicable. CD Rom/DVD are provided when a deposit of £10.00 is paid, £5.00 will be refunded on safe return of the item, after it is checked that it is undamaged and in good condition. You are prohibited to illegally copy under copyright law or lend the item to any third parties. If you cease to have driving lessons with your instructor and or do not hear from you within 15 days you will need to return any Property to your instructor immediately unless otherwise agreed by your instructor.


DAMAGE TO THE TRAINING VEHICLE


In the event that your negligence and/or carelessness causes damage to the training vehicle which is not covered under the instructors Insurance for example this includes but is not limited to:



  • Scratch marks on the training vehicle paint;

  • Scratch marks on the steering wheel of the training vehicle; or

  • Tears to the upholstery of the training vehicle.


You will be liable to pay for the repair costs of the damage you caused up to the limit of £400.00.


LIMITATION OF LIABILITY


Flying Colours Driver Training and your instructor are not liable to you for any loss or damage caused where and to the extent that:



  • There’s no breach of a legal duty owed to you by your instructor and/or Flying Colours Driver Training;

  • Such loss or damage is not a reasonably foreseeable result of such a breach;

  • Any such loss or damage or increase in loss or damage, results from any breach or omissions by you;

  • Any such loss or damage results from circumstances or matter outside of the reasonable control of your instructor and/or Flying Colours Driver Training.


Your instructor and/or Flying Colours Driver Training shall not in any event, be liable for losses relating to business interest you may have including, without limitation, lost profits, lost earnings, loss of opportunity or business or business interruption. Nothing in these Ts&Cs will affect any statutory rights you may have as a consumer.


INSURANCE


Your instructor will carry the appropriate motor insurance to provide comprehensive cover should you be involved in a collision as a learner driver, whilst in control of driving the instructor’s tuition vehicle.


COLLECTION AND USE OF DATA


To find out more about how we use your personal information, please read our Privacy Notice.


GENERAL


We reserve the right to change or alter any of the terms and conditions without notice, but will endeavour to inform you of any changes ‘Force Majeure’ means any event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations. We won’t be liable if delayed in or prevented from performing our obligations under these Ts&Cs due to Force Majeure. A waiver of any rights under these Ts&Cs or law is only effective if it’s in writing and not deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Ts&Cs or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. If any provision or part-provision of these Ts&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification isn’t possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause won’t affect the validity and enforceability of the rest of the terms. These Ts&Cs aren’t intended to give rights to anyone except you and us. The rights of any third parties are specifically excluded.


LAW APPLYING TO TERMS & CONDITIONS


These Terms and Conditions are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the English and Welsh courts.

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