Terms and Conditions
Terms & Conditions
Dave Hart Training maybe hereafter referred to as the 'School'
Clause 1
The Appointment card or booking form remain the property of the Dave Hart Training and its trading Associates, and must be produced or returned when requested.
Clause 2
Clients must be in possession of a current driving licence at all times for the group of School vehicle or training machine being used. Dave hart training should be informed of the expiry date of the Client's licence at least 10 weeks before the expiry date.
Clause 3
The tuition fees are as stated on the current Price list which will be dated within a 4 month period of the tuition taking place. The terms are as stated herein.
Clause 4
a) If by any reason of School vehicle or training machine failure, the instructor's illness or any other emergency Dave Hart Training has to postpone a lesson, the Client will be notified as soon as possible and a further appointment will be made with mutual agreement.
b) If any postponement shall cause cancellation of a Driving Test, Dave Hart Training shall reimburse the Client with the Driving Test fee that is forfeit.
c) If by reason of School vehicle or training machine failure during a Driving Test such a Driving Test is abandoned by the examiner, Dave Hart Training shall at the Client's option: -
1) Pay the Driving Test fee for the next Driving Test if the abandoned test has been paid for in full including the use of a school vehicle or training machine provided that the School vehicle or training machine has been properly checked & not been misused by the Client.
2) Refund the Driving Test fee and the cost of the School vehicle or School vehicle or training machine (if paid in advance) if the Client prefers to make their own arrangements.
d) Except as provided in clause 4 above, if Dave Hart Training postpones a driving lesson it shall give to the Client such notice as may be required of the Client for the cancellation of lessons under the school's terms of business.
e) Dave Hart Training reserves the right to terminate a training session if in the instructor's opinion, the safety of the client, instructor any third party or property might be jeopardized.
Clause 5
a) Three clear days notice of postponement or cancellation of lesson appointment is required; the notice period not to include the day on which it is served, the day of appointment, Saturdays, Sundays or public holidays.
b) Notice shall be deemed to have been served from the following the day on which the communication was received at the schools published business address. Notice served by telephone must be confirmed in writing at once.
c) Where Dave Hart Training receives due notice as required as above, the fees for that or those lessons if paid in advance shall be refunded or assigned to a future lesson or lessons at the Client's option.
- d) Where lessons are cancelled without due notice, or the Client fails to attend as arranged, or is considered unfit to continue training, unless Dave Hart Training is able to re- book the time for another Client no credit or refund is possible. In the case of late cancellations Dave Hart Training will endeavor to re-book the time if possible.
- e) If the client suffers failure of their own vehicle or machine, or the vehicle or machine is considered unroadworthy or unsafe for any reason then no refund or credit is possible unless the session can be re-booked to another client.
- f) Where, by reason of late cancellation, a Client's fee is not refundable, an allowance of up to 30% will be made for such savings that Dave Hart Training enjoyed as a result of the School vehicle or training machine not being in operation
- g) Any costs incurred by the school due to the method of payment by the client shall be passed on the the client with the addition of an administration fee equal to the extra costs involved. See scale of charges in AppendixA
Clause 6
a] Client's attention is drawn to the fact that similar notice of cancellation as required by Dave Hart Training is also required by the Department of Transport for the cancellation of Driving Tests. In effect this means sending of intention to cancel or postpone a Driving Test appointment at least 15 days before such test is due to take place. First class post by recorded delivery, email or facsimile is advised.
b] If necessary the School will advise a Client in sufficient time prior to the test date, of the advisability to cancel a Driving Test, and then cannot accept any responsibility for the loss of any Driving Test fee if the Client neglects to send notification to the Traffic Area Office in time.
c] The address of the Traffic Area Office is shown on the Test Appointment Card or The DSA website www.dsa.gov.uk
Clause 7.
a] Clients may send letters and e-mails to the addresses shown on the letterheads and business cards or booking form. Telephone messages may be left at the number given on those documents.
b] Letters received will be date & time stamped on arrival telephone messages will be recorded in the telephone message record book showing the date & time of the call and by whom it was received. The records shall be deemed to be correct as the effective time of the communication.
Clause 8
Dave Hart Training guarantees that all instructors are legally entitled to give instruction for money or money's worth and if applicable complies with Section 126 of the road traffic act 1972.
b] Instructors official authorizing documents may be inspected on request. Clients are invited & encouraged to ask to see them.
Clause 9
a] Clients wishing to change their instructor for any reason should notify the principle or his appointed agent.
b] If for any reason, such a request cannot be met the Client will have the right to cancel all further lessons and be entitled to return of any remaining fees paid in advance provided that due notice has been given.
c] Dave Hart Training reserves the right to appoint such instructor to conduct a lesson as circumstances require or necessity demands in order to comply with its contractual duties at law to give lessons at stated times.
d] For the purpose of ensuring satisfactory supervision of instructors it may be necessary for a supervising instructor or Officially authorized Supervisor to be present during tutorial periods, whether in or out of a School vehicle or School vehicle or training machine. This in certain circumstances is a legal requirement, in the public interest. Such additional persons will take no part in the instructor's duties and are present strictly as observers.
Clause 10
Unless otherwise stated sessions will be 60 minutes duration. Courses will not start before 9.00 am and finish no later than 4pm, these times can be varied by mutual agreement Unless otherwise stated all courses are of 1 day duration, to a maximum of 6 hours.
Clause 11
The price of a session or course is as stated on the current price list.
(Maximum 4 months from course start date)
Clause 12
Unless otherwise stated a lesson will consist of both practical & the necessary theory/ explanations.
Clause 13
Dave Hart Training offers a series of self help tutorial information, which are optional but Clients are strongly recommended to avail themselves of the opportunity because in most cases they will reduce the number of lessons and improves the Client's general knowledge of the road uses needs & responsibilities.
Clause 14
Dave Hart Training can accept no responsibility for Driving Test appointments changed or cancelled by the Driving Standards Agency. It will, however, advise as to procedures to be followed if the DSA finds it necessary to cancel a Driving Test at short notice.
b] Dave Hart Training will advise as to the appropriate time to make application for a Driving Test and will, assist in completing the application form which bear the applicants signature).
If it be the Client's wish that Dave Hart Training dispatches the application form, It can accept no responsibility if the form is lost or goes astray: such applications will, however, will be sent by first class Delivery/ Facsimile or e-mail for which there will be a service charge in addition to the postage.
c) The Driving Test appointment card (if received) is the property of the applicant, being a receipt for the fees paid. Whilst Dave Hart Training is willing to receive the card on behalf of a Client it will hand it to such Client after the necessary details have been entered on the school's records.
d] Clients who make application for Driving Test without or against the schools advice should note the following clause.
e] Clients who receive Driving Test appointment cards should inform Dave Hart Training of the Time, Date & Test Centre immediately if they wish to reserve a school vehicle or training machine for the appointment. It is possible that the vehicles are already booked for other appointments thus a Driving Test change of Time and Date will be necessary.
Clause 15
a) Applications for Driving Tests are advised when the Client's progress is expected to be maintained and his or her future co-operation anticipated. It does not imply that the required standard has been reached nor that it will for certain it will be attained by the appointed date. Dave Hart Training will make every effort to ensure that the required standard is reached but if necessary, will not hesitate to advise postponement or cancellation if, by so advising, the Client's interests and/or public safety will be best served.
b) Dave Hart Training reserves the right to withhold the use of a school vehicle/ machine for the purpose of a Driving Test if, in its considered opinion, the Client has not for any reason reached a satisfactory stage of driving competence. This sub-clause is intended to save a Client's time and expense, unnecessary failure and consequential delay in obtaining a full licence.
c) The use of a school vehicle/ machine for the purpose of a Driving Test is subject to special terms and charges as printed in the attached leaflet/appointment card/brochure/ displayed in the school's premises.
d) Just as during lessons, Clients must expect to be accompanied during a Driving Test by a Supervising Examiner whose presence and purpose is explained in the D.O.T. Booklet 'DL 68'.
Clause 16
School vehicles/machines are fully insured for tuition and/or Driving Test with a reputable broker.
Clause 17
While all possible care is taken to ensure that Clients receive tuition at the time and in the vehicle/machine booked by them, all appointments are made on the strict understanding that Dave Hart Training can accept no liability for the postponement or cancellation of lessons due to causes beyond the direct control of Dave Hart Training. Dave Hart Training undertakes to maintain a high standard of service for its Clients in pursuance of which the management will investigate all formal complaints.
Clause 18
a) Clients wishing to make complaints must ask to see the principal or his appointed representative or write putting the letter in a sealed envelope addressed to the principle or his appointed representative in an envelope marked "Personal".
Not more than seven days after the date on which the cause for the complaint arose.
Clause 19
a] While every effort will, be made by Dave Hart Training to satisfactorily resolve every complaint, should any dispute arise these terms of business shall form the basis of negotiation.
b] In the case of unresolved disputes the parties may, with mutual agreement submit the case in writing to the Driving Instructors Association, Complaints Committee who will advise as to the best means of settling the dispute.
c] Should either party decline to accept the committee's recommendation it may be referred to the Board of Management which undertakes to consider this matter further. A charge may be made for these services to both members & Clients.
Clause 20
It is advised that in the first instance both parties agree to accept the Complaints committee's decision if agreement still cannot be reached even after the intervention of the board of Management the parties will be advised to refer the matter to the Small Claims Court or to such higher court as the amount of the claim or the subject in the dispute may require
Extract from Terms and Conditions
Clause 5 (g) Any costs incurred by the school due to the method of payment by the client shall be passed on the the client with the addition of an administration fee equal to the extra costs involved. See scale of charges in Appendix A
Appendidx A - scale of administration fees
Hourly rate £15.00
Phone call £3.00 + call charge
e-mail £3.00
Fax £5.00
Additional Invoice £3.00
Letter £5.00
Legal fees Legal fees + £140
Late payment charge up to 30 days £10
Late payment charge over 30 days £8 per subsequent calendar month
External costs Cost + equal admin fee + above scale
Dec 2009