1. Interpretation and application
In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means APEX Driver Training and “You” or “Your” means you the customer.
You must read these Conditions in full as they set out the complete terms upon which We have agreed to provide, and You have agreed to obtain, driving tuition from Us. In particular, You should read and accustom yourself with the follow sections: Your responsibilities (clause 4.1), Booking Fees (clause 5) and Lesson Cancellation Policy (clause 6), which will apply to You. We and Your Instructor reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions.
2. Driver Training with APEX Driver Training
We offer the following type of driving tuition:
(1) On the Road Tuition - training with an APEX Instructor (“Your Instructor”)
3. About Your Instructor
Your Instructor is a self-employed sole trader who is entirely responsible for his business relationship with You. No contractual liability shall arise or subsist between You and Us. However, We will endeavour to assist You with Your requirements. Your Instructor is licensed to carry on business as a driving instructor and has obtained such a licence from the Driver and Vehicle Standards Agency.
4. On The Road Tuition
On the Road tuition is only available to persons who meet the following criteria:
(1) Aged 17 and over (16 and over if disabled); and
(2) Who hold a valid UK provisional driving licence (“Licence”); and
(3) Who are legally entitled to drive in the UK.
4.1 Your responsibilities
(1) If You take On the Road lessons, it is Your responsibility to ensure that You have the appropriate Licence and the Licence must be presented to Your Instructor prior to the commencement of Your Tuition.
(2) It is Your responsibility to declare if You are precluded from driving due to any Court Judgement.
(3) It is Your responsibility to disclose any physical disability which may affect Your driving and to demonstrate that You can read a number plate at a distance of 20 metres (65 feet).
(2) Your Instructor reserves the right to refuse to provide You with tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence prior to Your first lesson.
(3) Your On the Road tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, time, pick-up location and duration of Your lessons.
(4) You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly with regard to matters affecting Your health and safety.
(5) It is Your responsibility to ensure that you have the means to pay for Your On The Road tuition before it begins.
(6) It is expected that You will have regular lessons, normally at least once a week.
(7) If You join APEX Driver Training with a lesson already booked, The use of the Instructor's car for the test will be at the discretion of the Instructor. At least seven lessons must be taken prior to to the driving test.
4.2 Your Instructor’s responsibility
Your instructor will:
(1) Provide You with driving tuition at the hourly rate communicated to You from time to time;
(2) Recommend what are, in their opinion, the most appropriate training methods and aids to help You study for Your theory and hazard perception test;
(3) Design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical test;
(4) Provide You with on-road lessons which will last for the duration You and Your Instructor will agree in advance;
(5) Provide a presentable, modern, properly maintained and dual controlled car for each lesson;
(6) Recommend, where appropriate, advanced courses to help You develop Your skills for: motorway driving, driving in extreme weather conditions and Pass Plus;
(7) Give You relevant feedback during Your lesson and record Your development at the end of each lesson;
(8) Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to book Your mock practical test and once it has been agreed between you both, apply for Your practical driving test and where required, they will advise whether it should be subsequently rescheduled;
(9) Provide training on a one-to-one basis with no other learner in the car, unless agreed otherwise;
(10) Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of Your lesson ;
(11) At all times conduct themselves in a professional manner including:
i. being courteous and considerate to You
ii. avoiding physical contact except in an emergency
iii. not smoking during Your lessons
iv. restricting mobile phone use to emergencies or for Your benefit;
(12) Reserve the right to cancel a lesson or finish a lesson early on grounds of road safety;
(13) Not discriminate against You and will always abide by the law;
(14) Endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any circumstances beyond their control;
(15) Endeavour to give You two working days notice (excluding Bank Holidays) should a lesson need to be
(16) Respond professionally to any worries or issues that You may have and try to resolve them to Your Satisfaction.
(17) Reserve the right to cancel or change a lesson to accomodate a Practical Test for another client. If We or Your Instructor are unable to arrange for an alternative Instructor to provide Your driving tuition, or in the event of a mechanical breakdown of the vehicle in which You have been learning to drive, or for any other reason, the Instructor reserves the right to rearrange Your lessons for a time convenient to both You and the Instructor.
(18) Reserve the right to withdraw the use of the Instructor's car if You are clearly below test standard. At least one weeks notice would be given.
5. Booking fees
We Currently do not charge a booking fee for On Road Tuition, Theory Test, or Practical Test.
5.1 We reserve the right to change the sum charged from time to time by amending these terms and
6 Lesson Cancellation Policy
6.1 You must give Us or Your Instructor at least 48 hours notice (excluding Sundays and Bank Holidays) (the “Minimum Notice”) if You wish to cancel or rearrange an On the Road driving lesson, otherwise You will be liable to pay 100% of the lesson fee.
6.2 Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice to cancel or rearrange the lesson, it will be counted as lesson taken for the purposes of the lesson cancellation policy and You will be liable for the lesson fee.
6.3 You will not be able to sell or transfer any On the Road driving lessons which You have pre-paid for to any third party, without obtaining Our prior written consent.
If You are taking On the Road driving lessons, Your Instructor will carry the appropriate motor insurance, should You be involved in a collision as a learner driver whilst driving the Instructor’s tuition vehicle.
8 Price Changes
We reserve the right to change the price of all Our learner driver products at any time.
9 Non-Block Booked Tuition
The price of lessons that have not been pre-paid (as part of a block booking consisting of a minimum 10 hours worth of tuition time (“Block Booking”) may be changed at any time. You will receive prior notice of any price increases.
10 Block Booked Tuition
The cost of Block Booked tuition is based on the lesson price in force at the time that the booking is made and will be honoured for a period of 6 months from the date of the booking. If You fail to use a minimum of 50% of Your Block Booked tuition within the first 6 months of the booking date, We reserve the right to increase the price of any unused tuition time.
11 Special Offers
We also reserve the right to introduce (and to withdraw) special offers from time to time in respect of Our On the Road products together with any other products that We may decide. Such offers will not affect the price of Block Bookings unless it is expressly stated within the offer. These terms and conditions shall apply to the special offers, in each to the particular terms of the offer, which shall be published on the Website www.apexdrivertraining.co.uk
You must pay for Your product(s), good(s) or lesson(s) in advance using the following methods:
(1) payment via cheque made payable to Your Instructor and given to your Your Instructor before your lesson begins.
(2) payment via cash made to Your Instructor before your lesson begins.
(3) If (without prior agreement) You present Yourself for Your lesson without the means to pay, Your lesson may not proceed and We will consider You to have cancelled Your lesson without notice and You will be liable for 100% of the fee for that lesson.
13.1 Where You make any payments directly to Your Instructor or any of Our Instructors and the Instructor fails to pass on such payments to Us, neither We nor the Agent will be liable for any shortfalls in such payments or any missing payments or any other failure on the part of the Instructors to forward such payments on to the Agents or Us and You acknowledge that You will at all times be liable for any payments that remain outstanding to Us.
13.2 Further, You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation to all payments You make to Your Instructor or any of Our Instructors. Where We are able to, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same.
.3 We accept no responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected, tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.
14 Refund Policy
14.1 On and Off Road Tuition
(1) You are entitled to cancel Your On Road driving tuition up to 7 days following the date of commitment (“Booking Date”) or otherwise in accordance with the Distance Selling Regulations 2000 (the “Regulations”). If You have not taken any lesson(s) within the first 7 days of the Booking Date You will be entitled to a full refund of any amounts paid, subject to deduction of the Refund Charge (clause 15.1(4)).
(2) If You have taken lesson(s) within the first 7 days, and You wish to cancel You will not be eligible for a refund on any lessons taken.
(3) No refund is payable where a period of 12 months has elapsed since Your last lesson.
(4) If You are entitled to any refund, You will be required to pay an administration charge of £5 to process the refund (the “Refund Charge”). The Refund Charge will be deducted from each refund that is paid back to You.
(5) Where it is possible to do so, where We agree to refund You any amounts in refund, We will do so using the same method You used when You made the payment. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund You by any other method We deem appropriate.
(6) We may request additional information from You to confirm Your identity in order to comply with the Money Laundering Regulations 2007;
(7) Refunds may take up to 28 working days to reach You or Your account.
14.2 Learner Driver Products
(1) You may cancel Your order for any goods that You purchase from Us without penalty by returning the unused and undamaged goods to Us at Our address below, within 10 days of Your purchase. All goods that You wish to return must be in the same condition in which they were supplied to You and in their original packaging. This does not apply to Cds and DVDs.
(2) If any of the goods You receive are damaged or faulty on receipt, You must inform Us within 48 hours of receipt and where it is possible, We will provide You with replacements of any goods which are faulty or damaged. If We are unable to replace such goods, We will notify You and You will be entitled to a refund.
(3) You will not be eligible for any refund or replacement of the goods if:
1. Any goods that You return to us are in Our opinion used, damaged or not within their original packaging; or
2. You decide You no longer want the goods and do not return them with 10 days of Your purchase; or
3. You fail to inform Us of any faulty or damaged goods within 48 hours of receiving them.
(4) Postage and Packaging (P&P) is non-refundable.
15 Test Fees
(1) The Driver and Vehicle Standards Agency (DVSA) determines the Theory and Practical test fees.
(2) If You would like Us to book Your test on Your behalf We will be happy to do so but reserve the right to charge a nonrefundable booking fee for doing so (“Booking Fee”) in accordance with clause 6. The Booking Fee will cover the administrative costs and internal resources that We will incur in organising Your booking.
(3) If You wish to cancel or rearrange a test that We have booked with the DVSA on Your behalf, We will follow the DVSA cancellation procedure as set out on the DVSA website at http://www.dsa.gov.uk.
(4) Currently the DSA cancellation procedure states that You can cancel or rearrange Your test providing You give at least three clear working days’ notice. If You require Us to arrange a cancellation or rearrange any driving or theory test on Your behalf, We will require a minimum of 5 working days’ notice in order to do so. If You fail to provide us with a minimum of 5 days, notice You may remain
liable for all or some of the test fee and any late cancellation fees. In any event we accept no liability to You for any payments or expenses that You may incur in relation to Your driving and/or theory tests.
(5) Other Provisions: By taking bookings, providing certain information and documentation, and in processing payments, We act on behalf of Your Instructor. No contractual liability arises between You and Us under the agreement between You and Your Instructor.
16 Limitation of Liability
16.1 We have not and shall not have any liability to You in relation to any injury, loss or damage arising from the use of the tuition vehicle or from the facts or omissions of Your Instructor.
16.2 We will not in any event be liable for any losses relating to any business interests that You may have including but not limited to loss of profits, business, loss of opportunity or any business interruptions or delays that You may incur. This does not apply to any claim You may have for personal injury or death and nothing in these Conditions will affect Your statutory rights.
16.3 We do not guarantee to provide or procure the provision of any of the services referred to in these
Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third party industrial disputes, internal industrial disputes where We have taken the reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts
of God, or severe weather conditions We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary.
16.4 Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than 30 days’ notice in writing to Our address below.
16.5 Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or
unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect..
16.6 Informing You about Products and Services :If You have indicated in Your agreement, We may contact You by mail, telephone, fax, e-mail or SMS/MMS to inform You of any goods, services or promotions that may be of interest to You. If You decide You do not wish to receive such information, please inform Us, but be aware that this will prevent You from receiving Our special offers and/or Promotions.
17 Data Protection Notice
17.1 We may use the information You provide for administration, marketing, customer services and profiling Your purchasing preferences. We may also disclose Your information to Our service providers and agents for these purposes. If You do not want Us to contact any third parties with this information, You must notify Us of Your objection within 24 hours of accepting these Conditions.
When You give Us information about another person, You confirm that they have authorised You to act for them, to consent to the processing and use of their personal data in the manner described in this notice and to receive on their behalf any data protection notice.
17.2You have the right to ask for a copy of Your information (for which We will charge a reasonable fee to cover Our administration costs) and to correct any inaccuracies contained therein.
18 Complaints Procedure
18.1 If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please write to Customer Care at the address below.
18.2 We will use reasonable endeavours to respond to your written query within 10 working days.
APEX Driver Training, 13 Wansbeck Road, Bedford, MK41 7AX