Terms & Conditions
Introduction
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The following terms and conditions represent the basis upon which I (the owner of Matt Waterfall’s Exeter Driving School) offer driving lessons and courses to you (the student).
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(1) General Conduct
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I will be courteous, polite, tidy and punctual. I will behave in a professional & ethical manner at all times. My training car will be well maintained, clean and tidy (weather permitting). My car is fitted with dual controls and is fully insured for driving tuition purposes. I will not smoke in the training car at anytime, nor will I use your lesson time for any other form of business, personal or otherwise without your permission.
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(2) Qualifications
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I am legally authorised to give driving tuition in the UK by the Driver and Vehicle Standards Agency (DVSA).
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(3) Driving Licence and Eyesight
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You must hold a current, valid driving licence (provisional or full) which must be produced on or in advance of your first lesson. You must also check that you can read a number plate at a distance of 20.5 metres (i.e. 67 feet – about 5 car lengths), with glasses or contact lenses if normally worn. Please note if you need glasses or contact lenses to achieve this you must make sure you wear them on each & every driving lesson.
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(4) Safety, Comfort & Well Being
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Safety is a shared responsibility as identified below:
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(a) In the interests of comfort and safety you are advised to wear suitable footwear and clothing which does not restrict movement or which might cause embarrassment.
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(b) It is important you act responsibly at all times and give your undivided attention to the driving task at hand. Should anything be distracting you during your lesson it is important you make me aware of this fact even if it is something I am doing. Similarly if you are feeling uncomfortable or uneasy about any driving task please let me know. I will be grateful for your feedback and I will think no less of you for doing this.
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(c) In an emergency situation it is important you follow my instructions and allow me to take control of the steering wheel if necessary to avoid an incident. I may also need to make use of the dual controls (i.e. brake and or clutch pedals) and thus override your use of them. As soon as it is safe to do so I will advise you of why my actions were necessary and help you to calm down if required. Any subsequent discussion will focus on what can be learnt rather than who was to blame.
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(d) I will do my best to deliver any instructions or take any actions (even in an emergency) in a calm and measured manner so as not to alarm you or make you feel uncomfortable or disheartened, I will definitely not shout at you.
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(e) You can be assured I will not use suggestive behaviour, I will also not make physical contact (apart from hands on the steering wheel when required to prevent personal injury and/or damage to property).
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(f) You must take note of any medication you are taking which may affect your ability to drive safely and advise me accordingly before taking any lesson booked. Similarly, you should inform me of anything you feel might impact on your ability to undertake the proposed lesson safely.
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(g) In the event it becomes apparent you are unable to concentrate due to illness, tiredness, or your emotional state of mind I reserve the right to terminate the lesson early or require your agreement to choose an alternative learning activity which can still be undertaken safely.
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(5) Driving Under the Influence
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To ensure the safety of you and other road users I reserve the right to cancel any lesson if you are or if I suspect you are under the influence of drugs, legal highs and/or alcohol (prescribed or otherwise). If this occurs the full training fee for the period in question will be lost or charged.
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(6) Lesson Postponement
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You may lose, or be required to pay for, any lessons booked in my diary that are postponed or cancelled by you especially if I am unable to obtain new replacement work for those appointment time(s). However, I reserve the right to postpone lessons if I consider the weather or road conditions to be unsuitable or dangerous. Unfortunately, I cannot be held responsible for any costs incurred as a result of me having to postpone any lessons, for whatever reason.
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(7) Punctuality
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In your own interests you are advised to be punctual for your lesson appointments. When I arrive at your nominated pick up point to begin your lesson, if there is no reply from that address, I will wait 15 minutes. If I cannot reach you and you do not turn up for your lesson in that time, I will cancel your lesson, but you will still have to pay for it. A reciprocal waiting time may become necessary if I am delayed due to unforeseen circumstances. I will make up any lesson time lost as a result of this at the end of the normal lesson time or as soon as possible.
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(8) Payments
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You are required to make payment for the course or the driving lessons in advance of the training, fees paid are not refundable in the event you decide to cancel the training once the booking has been accepted by me and placed in my diary. At this point a binding agreement is made between yourself and me. This does not in any way affect your statutory rights to be provided with the goods and services you have bought (please see term 10).
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If you paid for a block of lessons in advance, you must take your lessons within 12 months of having paid for them. If for some reason you are unable to take those lessons within one year, I will re-price those lessons not yet taken to reflect any increases in costs if applicable.
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When you purchase a block of lessons and if for whatever reason, I am unable to complete all of them for you, I will refund any unused prepaid lessons to you by bank transfer within 7 days of notifying you.
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(9) The Driving Test
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(a) Bookings
Driving tests can be booked by you or me on your behalf. Driving test bookings always take priority over other lessons. Therefore, your lesson may be postponed to allow for someone else’s driving test and vice-versa. Changes to lesson bookings as a result of this will be notified immediately. Test appointments must be notified to me as soon as know of them, otherwise I cannot guarantee to provide a vehicle for the test or any lessons just prior to it.
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When I book your test for you, you can not hold me responsible when things go wrong during the test process. It is your responsibility to manage your test appointment and to ensure that you arrive for your test on time and with all the required documents.
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(b) Use of the vehicle
I am happy to provide you with my car to do your driving test, but only if I feel you are safe to do so. If, in my opinion, I feel that you are not yet ready to take your driving test, yet you insist that you shall do so, I reserve the right to decline your request to use my car for your test and will give you at least 3 days notice which will give you the time required by the DVSA to cancel your test.
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(c) Test cancellation
Three clear working days (Sundays and public holidays don’t count as working days) notice of test cancellation or postponement is required by the DVSA. Therefore, to cancel a test booked for a Friday you need to do this online no later than the preceding Monday thus giving three clear working days (i.e. Tuesday, Wednesday and Thursday). Failure to provide the required notice will result in the loss of your test fee. I cannot be held responsible for any postponement or cancellation of tests by you or the DVSA.
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(10) Your Statutory Rights
Nothing in these terms and conditions will reduce your statutory rights relating to faulty goods or services provided. I have a statutory obligation to provide you with goods and services fit for the purpose for which they were bought and as described. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizen’s Advice Bureau.
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(11) Additional COVID-19 Risk Assessment (see separate screen).
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