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Terms and Conditions of Booking

These Terms and Conditions are the standard terms which apply:

  1. to the provision of driver coaching by Coaches working with Driving Masters Solutions Limited, a company registered in England, number 15401021 whose registered office is at 701 Stonehouse Park, Sperry Way, Stonehouse, Gloucestershire, GL10 3UT to clients that require such coaching.
  2. where the client is the “Consumer” as defined by the Consumer Rights Act 2015.
  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      Business
      means any business, trade, craft, or profession carried on by You or any other person/organisation;
      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 Coach who receives tuition from the Coach for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;
      Coach
      means the driving Coach(s) assigned by Us to the Client from time to time;
      Price List
      means the Company’s standard price list for driving tuition. The list is available at www.drivingmasters.uk/book
      Client/You/Your
      means the individual recipient of driving coaching;
      Regulations
      means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
      Company/We/Us/Our
      means Driving Masters Solutions Ltd whose place contact address is the same address as above.
    2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
        “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and
      1. a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
      2. The headings used in these Terms and Conditions are for convenience only
      3. 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 Coaches
    1. The Coach is a self-employed contractor and is not employed by the Company. As such, the Company is not a party to any contract that might exist between the Coach and You (but see Clause 11.5 as to Our responsibility and liability for his/her acts or omissions); and
    2. The Coach is registered with the DVSA as an approved driving Coach (ADI) and his/her ADI registration will be up-to-date.
  3. Cancellations
    1. You may cancel without charge if You give Us at least 28 days prior notice of the cancellation and if You do so We will refund to You any sum You paid in advance;
    2. If You do not give Us at least 28 days prior notice of cancellation of a session, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation (including any sum for which We are liable to the Coach for the session cancelled) but not more than 50% of the full price of the session. We will be entitled to deduct that charge from any sum You paid Us in advance, and We shall refund the balance to You;
    3. If, due to exceptional circumstances, including, but not limited to, illness, accidents and bereavement, You cancel a session without giving Us at least 28 days 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 3.1 and 3.2;
    4. If We or the Coach wish to cancel a session, We or he/she may do so without incurring any liability to You, and We will refund you in full or arrange an alternative session.
    5. Notwithstanding sub-Clause 3.4, We or the Coach may, without incurring any liability to You, cancel a booked session at any time before the start time of that session, where either:
      1. due to the Coach’s illness or other reason beyond his/her or Our reasonable control, he/she is not available or We or he/she are not able to provide the session fully or properly. If the session is cancelled in such circumstances, We will refund to You in full any advance payment that You have made for that session; or
      2. the Coach has reason to believe that You are not fit to drive at the time of the session due to any factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical condition. If We or he/she cancels the session for such reason, We shall be entitled, at Our or the Coach’s discretion, either to charge You for that session or not to do so, but in deciding whether to charge You, We and he/she shall act reasonably;
    6. The Regulations give You the rights set out in this sub-Clause 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 session(s) during the 14 day period after We accept the booking, but if the booking includes any session(s) on a date which is before the end of that period and if You have expressly requested that We provide any such session(s) and We or the Coach does so, You may not cancel that or those requested session(s) and You must pay for them in accordance with Clause 5.

      If You cancel any session(s) as allowed by this Sub-clause, and You have already made any payment(s) for the session(s), We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the session(s) that You have received.

  4. Sessions
    1. The Coach will agree the location for each session with You shortly after the time of booking.
    2. A session will typically run from 09:30 until 16:30 with a break for lunch.
  5. Fees and Payment
    1. We may change Our fees without prior notice but if We increase or reduce the fees between the time You book a session and the date of the session and You pay for it in advance of the session, the price increase or reduction will not apply to that session but where there is a decrease We may in Our discretion decide to refund You the amount of the decrease; and
    2. You shall make payment of Our fees in advance by debit card, credit card or bank transfer.
  6. Coaches’ Obligations
    1. The Coach shall, at all times:
      1. use his/her reasonable endeavours to provide driving coaching at the agreed session times;
      2. use his/her 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 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 and any Coach, You are and will be a “consumer” as defined in Clause 1 above;
    2. You must hold a valid full UK driving licence
    3. You must always have Your driving licence with You during sessions;
    4. You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code (20m at the date of these Terms and Conditions [1st March 2024]
    5. You must always wear any relevant prescribed glasses or contact lenses;
    6. You must inform the Coach of any medical conditions or prescribed medication which may affect Your driving ability; and
    7. If You fail to comply with one or more of sub-Clauses 7.2 to 7.6 above or We or the Coach find that you are not a “consumer” (as defined in Clause 1 above), We or the Coach may immediately cancel one or more sessions.
  8. Vehicles and Insurance
    1. You shall ensure that the vehicle provided by You is fully roadworthy, taxed, have a valid MOT (where relevant), and is fully insured.
  9. Cancellation and Termination
    1. The Coach may, in his/her sole discretion, terminate Your tuition if Your conduct, progress or commitment consistently falls below the standards that the Coach 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 sessions, terminate Your tuition by the Company; and 10.3 Where sub-clause 10.1 or 10.2 applies, We shall refund to You any fees for sessions that You have paid in advance.
  10. Liability
    1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of breach of these Terms and Conditions by Us or the Coach or as a result of Our or his/her negligence. Loss or damage is foreseeable if it is an obvious consequence of Our or his/her breach or negligence or if it is contemplated by You and Us or him/her 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 or the Coach’s liability for death or personal injury caused by Our or the Coach’s 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;
        5. 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.
    5. Subject to these Term and Conditions (and in particular without affecting Clause 2.1), we confirm that the Company will be responsible and liable for any:
      1. negligent or other act or omission of the Coach for which, if the Coach were an employee of the Company, the Company would be responsible or liable; or
      2. act or omission of the Coach which, if it were Our act or omission, would be a breach by Us of Our contract with You;

      In any such case, Our responsibility or liability shall be no less or greater or different from what it would have been had the act or omission been that of the Company or its employees acting in the course of their employment.

  11. Changes to Terms and ConditionsWe 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.
  12. How We Use Your Personal Information (Data Protection)We will only use Your personal information as set out in Our Privacy Policy.
  13. RegulationsWe are 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 session) 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 We will make it available to You or ensure that the Coach does so before We or he/she accepts Your request to book a session. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
  14. Information
    As required by the Regulations:
    1. all the information described in Clause 13; and
    2. any other information which We give to You about tuition or other services or the Company which You take into account when deciding to book a session or when making any other decision about Our tuition or other services; will be part of the terms of Our contract with You as a Consumer

  15. ComplaintsWe always welcome feedback from Our Clients and, whilst We always use all reasonable endeavours to ensure that We and Our Coaches provide a high standard of tuition and service to Clients, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about tuition or other services or any other complaint about the Company or any Coach, please raise the matter with Us via office@drivingmasters.uk.
  16. No WaiverNo 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.
  17. SeveranceIf 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.
  18. Law and 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
    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 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.