Terms & Conditions

 

These Terms and Conditions are the standard terms which apply to the provision of driving tuition by us to students that require such tuition; and where the Student is a "Consumer" as defined by the Consumer Rights Act 2015.

1- Definitions & Interpretation

  1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

    1. "Business" means any business, trade, craft, or profession carried on by You or any other person/organisation;

    2. "Consumer" means a "consumer" as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Instructor who receives tuition from the Instructor for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;

    3. "DVSA" means the Driving & Vehicle Standards Agency

    4. "Instructors / I / Me / My/ Us/ Our/ We" means Boost Driving School and/or it's franchise instructors whose place of business and contact address is 6 Droxford Grove, Atherton, Manchester, M46 9RT

    5. "Price List" means Instructor's standard price list for driving tuition. The list is available from our website;

    6. "Student / You / Your" means the individual recipient of driving instruction, as named in the Acceptance Clause of this document;

    7. "Parent / Guardian" means an individual with legal responsibility for the Student, who will assume legal liability for the Student's actions or inaction in accordance with these Terms and Conditions, in the event that the Student is less than 18 years old on the date of signing this document; and

    8. "Regulations" means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

  2. Unless the context otherwise requires, each reference in these Terms and Conditions to:

    1. "these Terms and Conditions" is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and

    2. a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

  3. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

  4. Words signifying the singular number shall include the plural and vice versa;

  5. References to any gender shall include the other gender;

2 - Driving Instructor

  1. Instructors are self-employed independent driving instructors and are not employed by a driving school; and

  2. Instructors are registered with the DVSA as an Approved Driving Instructor (ADI) or (PDI) and ADI registrations are up to date. Instructors shall display their current DVSA ADI registration certificate in any vehicle used for a lesson, and Boost Driving School will ensure that that ADI certificates are kept up to date at all times.

3 - Driving Lessons:  Booking, Cancellation & Delays

  1. A lesson will only be made available to You if You have a pre-booked confirmed appointment for it. After your initial booking you should book a lesson with direct your instructor. It shall be Your and Your instructors responsibility to agree all matters relating to each lesson including, but not limited to, date, time, location and duration;

  2. Your request to book a lessons will be an offer, but whether Your instructor accepts any request will be for the instructor to decide at their discretion. Only if and when the Instructor tells You that they accept Your request for any particular lesson(s) will there be a binding contract between You and your instructor for that/those lesson(s);

  3. If You wish to make a booking for two or more lessons by means of a single booking, and in Our discretion We accept that booking, Our contract with You will be for all of the lessons concerned;

  4. We will not reserve any lesson slots or guarantee regularity of lessons over any period of time or on any particular date and/or time except that We will reserve a particular lesson slot for You if and when We accept a booking for it from You. Nevertheless,  We shall use reasonable endeavours to make available regular lesson slots for You;

  5. If You know You are going to be late for a lesson, You should contact Your Instructor and inform them. If You arrive (or are not ready) later than 15 minutes after the scheduled start time for Your booked lesson, We will try to provide that lesson but if We decide that We cannot do so, the lesson will be treated as cancelled without notice by You and, if We then decide to make a charge for that lesson as cancelled without notice, sub-Clause 3.7 below will apply;

  6. You may cancel a lesson without charge if You give Us at least 36 hours prior notice of the cancellation and if You do so We will move that payment forward to a subsequent lesson booking;

  7. If You do not give Us at least 36 hours prior notice of cancellation of a lesson, We will be entitled to charge You a £20 Charge for any net financial loss suffered due to Your cancellation. We will be entitled to deduct that charge from any sum You paid in advance, and We shall refund the balance to You; or move said balance to a subsequent booking.

  8. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a lesson without giving Us at least 36 hours prior notice, We will consider the circumstances and at Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.5 and 3.7;

  9. On receipt of Your lesson reminder text, You should confirm by return text that all is ok for the lesson to go ahead or text you wish to cancel on the same day as the text arrives, or late cancellation fee becomes due;

  10. If We wish/need to cancel a lesson, We may do so without incurring any liability to You (and You will not have to pay for that lesson) We will attempt to give You at least 24 hours prior notice. 

  11. Notwithstanding sub-Clause 3.10, We may, without incurring any liability to You, cancel a booked lesson at any time before the start time of that lesson, where either:

    1. due to instructor illness, unavailability of a suitable vehicle, or other reason beyond Our reasonable control, We are not available or able to provide the lesson fully or properly. If We cancel a lesson in such circumstances, We will rebook the said lesson at a future time.

    2. If We have reason to believe that You are not fit to drive at the time of the lesson due to any factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical condition. If We cancel the lesson for such reason, We shall be entitled, at Our discretion, either to charge You for that lesson or not to do so but in deciding whether to charge You, We shall act reasonably;

  12. We will use all reasonable endeavours to start a lesson at the time which You have booked but the start may be delayed by overrun of a previous lesson or by other circumstances. If a delay to the start is at least 30 minutes, or if at any time before or after You or We arrive for a lesson We notify You that there will be a delay of at least that time, You may cancel and will not have to pay for that lesson and We re book a future time lesson.  If, however, in those circumstances You do not cancel the lesson, We shall add on to the lesson the time by which the start is delayed at no charge to You or, if that does not suit You, We shall add it on to a subsequent lesson, or if You do not book a further lesson We will refund a part of the fee for that lesson in proportion to the part of the lesson not added on; and

  13. Where the contract We make with You is not made on My premises, the Regulations give You the rights set out in this sub-Clause 3.12, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel any lesson(s) during the 14 day period after we accept the booking for it/them, but if the booking includes any lesson(s) on a date which is before the end of that period and if You have expressly requested Us to provide any such lesson(s) and We do so, You may not cancel that or those requested lesson(s) and You must pay for them in accordance with Clause 5, and You may then only cancel any other lesson(s) covered by that booking. If You request that any lesson be cancelled, You must confirm this in any way convenient to You. If You cancel any lesson(s) as allowed by this Sub-clause 3.12, and You have already made any payment(s) to Me for the lesson(s), We will refund the payment(s) to You within 28 days of receiving Your cancellation less the amount due for the lesson(s) that You have already received, calculated at the base rate of £30 per hour plus an administration charge of £25.

4 - Lessons:  Location & Length

  1. We will agree the location for each lesson with You at the time of booking. We may choose a location which requires additional travel in the interests of road safety. In such cases, if You wish to be picked up and taken to that location by Us, travel time will form part of the lesson time;

  2. The minimum length of a lesson will be 60 minutes and, if You and We agree, it may be increased by increments of 30minutes up to a maximum length of 4 hours.

5 - Fees & Payment

  1. You must pay all fees for all lessons in advance at time of booking, We will charge for lessons on a lesson length basis. You can obtain information on current lesson fees from our website

  2. We may change Our fees without prior notice but if We increase or reduce the fees between the time You book a lesson and the date of the lesson [and You pay for it in advance of the lesson], the price increase or reduction will not apply to that lesson but where there is a decrease We may at Our  discretion decide to refund You the amount of the decrease;

  3. You shall make payment to Us of Our fees in advance by credit or debit card, or bank transfer payment link. Payment by cheque must be agreed by Us in advance. A receipt for all sums received from You will be provided, if requested.

6 - Our Obligations

We (Boost driving school or Instructor) shall, at all times:

  1. use reasonable endeavours to provide driving instruction at the agreed lesson times;

  2. use reasonable endeavours to train You to a high standard, but shall not be responsible for any errors made by You;

  3. be professional and courteous towards You and other road users;

  4. act in accordance with the DVSA Code of Practice for Approved Driving Instructors (a copy of which You can obtain from Us on request); and

  5. act in accordance with the law.

7 - Your Obligations

  1. You confirm that, in connection with your request(s) to receive driving tuition from Us, You are and will be a “consumer” as defined in Clause 1 above;

  2. You must hold a valid UK driving licence (either provisional or full); 

  3. You must always have Your driving licence with You during lessons;

  4. If You have been banned from driving and are training for a retest, You must be legally entitled to take tuition and must present proof to your instructor of that entitlement;

  5. You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;

  6. You must always wear any relevant prescribed glasses or contact lenses;

  7. You must inform Us of any medical conditions or prescribed medication which may affect Your driving ability; and

  8. If You fail to comply with one or more of sub-Clauses 7.2 to 7.7 above, or if found that you are not a “consumer” (as defined in Clause 1 above), We may immediately cancel one or more lessons. If so, We may at Our discretion still charge for the cancelled lessons.

8 - Vehicles & Insurance

  1. We shall ensure that all vehicles provided are fitted with dual controls, are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes of driving instruction;

  2. You may request to use Your own vehicle. Whether You use Your own vehicle is for Us to decide at Our sole discretion. You must provide proof of Your vehicle’s roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of driving instruction.

9 - Driving Tests

  1. We shall discuss driving tests with You and inform You when its felt that You are ready to take a test;

  2. [You] AND/OR [We] shall be responsible for booking theory and practical tests. It shall be Your responsibility to check the details of the test on Your DVSA confirmation letter;

  3. If You book a test, You must check with Us before booking to ensure that We consider that You are ready for a test;

  4. You must inform Us of all details of Your test including, but not limited to, its date and location at the time of booking;

  5. When You attend a test, You must take all required documentation with You. If You do not, Your test may be cancelled and You would then lose Your test fees;

  6. Unless We feel that Our vehicle is unsuitable for a Student to use for their practical test or Clause 9.9 applies, We generally permit Students to use Our vehicles for their test, but whether We permit You to do so for Your test will be in Our discretion;

  7. If We have given You permission to use Our vehicle for Your test but it breaks down or is otherwise unavailable or unusable on the date of the test, We shall use reasonable endeavours to arrange an alternative vehicle. If this is not possible, We shall pay for the replacement test;

  8. If Your test is cancelled by the DVSA giving You insufficient time to provide Us with the required cancellation notice of a booking, You must still pay Our fees for time and/or the use of vehicle. In that case, We shall advise You on claiming compensation from the DVSA for the cost of those fees; and

  9. If You have a test booked and, in Our opinion, You do not make the expected progress in Your lessons between the date of booking and the test date, We may decide not to permit You to use Our vehicle for Your test and We will not be responsible for any fees that You pay for the test which are lost.

10 - Cancellation & Termination

  1. We may, in Our discretion, terminate Your tuition if Your conduct, progress or commitment consistently falls below the standards that We reasonably expect;

  2. You may, at any time, subject to Your meeting the requirements of Clause 3 as to giving notice of Your cancellation of lessons, terminate Your tuition by Us; and

  3. Where sub-clause 10.1 or 10.2 applies, We shall refund to You any fees for lessons that You have paid Us in advance.

11 - Liability

  1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;

  2. We provide tuition only for Your personal and private use/purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;

  3. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation;

  4. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

    1. the Consumer Rights Act 2015;

    2. the Regulations;

    3. the Consumer Protection Act 1987; or

    4. any other consumer protection legislation; as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standards Office.

12 - Changes to Terms & Conditions

  1. We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

13 - Your Personal Information (Data Protection)

  1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from https://www.timjamesdriving.com/our-privacy-policy

14 - Regulations

  1. We am required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to book any lesson) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or I will make it available to You before We accept Your request to book a lesson. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

15 - Information

  1. As required by the Regulations:

  2. all of the information described in Clause 14; and

  3. any other information which We give to You about tuition or other services or Us which You take into account when deciding to book a lesson or when making any other decision about Our tuition or other services;

  4. will be part of the terms of Our contract with You as a Consumer.

16 - Complaints

  1. We always welcome feedback from Our Students and, whilst We always use all reasonable endeavours to ensure that We provide a high standard of tuition and service to Students, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our tuition or other services or any other complaint about an instructor, please raise the matter with Me (Tim James) in person.

17 - No Waiver

  1. No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

18 - Severance

  1. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

19 - Law & Jurisdiction

  1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

  2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

  3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20 - Acceptance

  1. You should reply to this email confirming you accept these terms & conditions

  2. By continuing to use our services will be deemed as acceptance of these Terms and Conditions.