In these Terms and Conditions the following expressions shall have the following meaning: The Company means ABACUS DRIVING SERVICES . 41 The Highway NP44 3DP. The Pupil means the person who would be taking the driving lessons from the Company. The Driving Instructor is the employee of the Company whose services include giving driving lessons to the Pupil.
2. The Agreement:
2.1. The services provided by the Company are offered to you on the condition that you the Pupil accepts without modification, the terms and conditions contained herein. These Terms and Conditions (the Agreement) sets out the agreement between you and us where we would be providing services to you. Please read this agreement, carefully and thoroughly. By accessing and using this website you are deemed to have agreed to all the terms and conditions. If you do not agree to anything contained in this agreement, then we would not be able to provide any services to you.
2.2. The Company also reserves the right to change, alter, amend, add or remove clauses of these terms and conditions from time to time as per the Companys Business policies.
3. U.K Legal and medical requirements for Learning Drivers:
3.1. It is a legal requirement that every Pupil should hold a valid UK Provisional Licence, before they learn to drive on road. On the first day of the driving lesson, it is the duty of the Pupil to bring their Licence (both parts) and show it to the Driving Instructor. Failure to do this can lead to the lesson being lost and the Pupil to be charged for the lesson. However if such a situation arises, then it would be on the discretion of the Driving Instructor whether the relevant cancellation fee would be applied.
3.2. It is a medical requirement that the Pupil should be able to read a number plate from the required distance as advised in the Highway Code. On the day of the first lesson, the Driving instructor would check this with the Pupil.
3.3. For their own safety requirement, it is the duty of the Pupil to wear their glasses/lenses if they are needed for an eyesight test. It is also their duty not to be under the influence of any alcohol or drugs which would cause an affect on their driving.
4. Payments and Cancellations:
4.1. Payment for the lessons can be done either by cash or card (in car). The Pupil can also book and pay their lessons over the phone by manual card entry or by BACS sort code and acc number will be given for BACS transactions.
4.2. The Prices for the driving lessons would be applicable as quoted on our website www.abacusdrivingservices.co.uk Also the cost of the driving lesson would be clearly explained during the first point of contact and also before the beginning of the first lesson.
4.3. In case of cancellation or re-arrangement of lessons by the Pupil, a minimum of 48 hours of notice will be required to be given. Failure to give proper notice would lead to the applying of cancellation fees. However the Company/Driving Instructor has the right to waive the cancellation fee, if they feel there was a genuine reason due to which proper notice was not provided.
4.4. The Driving Instructor reserves the right to terminate the lesson at any point if he/she believes that the Pupil is not capable of driving for any reasons mentioned in the above clause 3.4.
5. Punctuality and Using of Mobile Phones:
5.1. The Driving Instructor would do everything possible to ensure that the lessons start and finish on time. If the Driving Instructor is late due to any reason which is beyond their control like adverse weather, traffic conditions, mechanical breakdown etc, then adequate measure would be taken to assure that the Pupil will get the time back on the same day, if not then during another lesson. If the Pupil is late, then it would be entirely on the discretion of the Driving Instructor whether to give any extra time.
5.2. The use of mobile phones should be avoided both by the Driving Instructor and the Pupil during the lessons. However the Driving Instructors mobile phone would be on hands-free and would be used in certain exceptional situation, but on a general basis the use will be avoided.
6. Limitation of Liability:
6.1. All effort would be taken by the Driving Instructor to teach the Pupil in a professional and courteous manner; however no guarantee for Pass result can be provided either by the Company or the Driving Instructor. The Pupil hereby through this agreement agrees that they cannot hold the Company/Driving Instructor responsible for their failed test results.
6.2. The Driving Instructor would take proper care to avoid physical contact with the Pupil at all times except in case of emergency or in the normal course of greeting or in a situation to take care of the safety of the Pupil. The Pupil cannot hold the Driving Instructor liable for any physical contacts when it is solely done for any of the aforesaid reasons.
6.3. It is the duty of the Pupil to take care of their personal belongings during their lessons and the Company/Driving Instructor cannot be held responsible for any loss of belongings occurred.
6.4. The Company in the interests of safety, reserves the right to withdraw the use of tuition vehicle for test, if in the Driving Instructors opinion, the Pupil is not ready for a Practical Driving Test or if the Pupils driving is of a dangerous nature.
6.5. The Company does not take liability with regards to the hypertext links to the other websites from the Companys Website. By allowing links with third party websites the Company does not intend to solicit business or offer any security to any person in any country, directly or indirectly.
6.6. The Driving Instructor reserves the right to substitute another Driving Instructor of the Company for any of the Pupils lessons if required, or rearrange any lessons to a mutually convenient time without liability.
6.7. The Tuition Cars are fully insured for tuition and driving tests with a reputable insurer and the relevant certificate of insurance will be made available for inspection upon request.
6.8. The Company/Driving Instructor cannot be held liable for any consequential, indirect or special loss or damage; any loss of profit, income, revenue, anticipated savings, contracts, business, reputation, data, information or goodwill or for any loss or damage occurring out of any event or events that are beyond our reasonable control.
6.9. The Pupil should indemnify and keep the Company/Driving Instructor indemnified against all losses, claims, demands, proceedings, damages, actions, costs, expenses or liability arising in any way from these terms and conditions
7.1 All lessons and courses up to 10 hours are non-refundable. Where an intensive course or semi intensive course is booked a 100 deposit will be required. This deposit paid is non-refundable.
7.2. For intensive or semi-intensive courses a refund of 50% would be only given in cases where the full fee is paid up front and the Pupil cancels the course before it begins
7.3. However no refund would be given by the Company, if the Pupil has already started with the course, the only exceptional scenario where a refund would be considered is where the Pupil is suffering from a serious medical condition which is confirmed in writing from a GP and is unable to continue with the lessons. If such a situation arises, the Company would take into account all aspects before offering a refund
8.1. All complaints would be dealt in a prompt and professional manner. In the event of a complaint regarding the driving lessons, it should be first raised with the Driving Instructor. If the Pupil is still not satisfied then it should be raised in writing with the Company at the address mentioned above in clause 1 of this agreement.
8.2. The Company would only deal with a complaint which is raised directly from the Pupil concerned. If the Pupil is not happy and wants to complain against the Company/Driving Instructor, it is the Pupil who has to raise the complaint and not any third party like friends or relatives.
9. Exclusion of third party rights:
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in connection to these terms and conditions is not to be subject to the consent of any third party whatsoever.
The Pupil hereby agrees to waive through all other claims against the Company/Driving Instructor for any loss, damage and compensation resulting from the termination of this Terms and Conditions.
If any item or provision contained in this Terms and Conditions or any part thereof becomes unenforceable, invalid or illegal for any reason whatsoever including but not detracting from the generality of the foregoing, a decision by the competent domestic courts, an act of Parliament, any legislation, any statutory or other bye-laws or regulations or any other requirements having the force of law the other terms and provisions of this Terms and Conditions shall remain in full force and effect as if this Terms and Conditions has been executed without the offending provisions appearing herein
12. Governing Law:
These terms and conditions are governed by the laws of England and Wales.