Latest standard Terms of Business. If you’re training with DCS it’s a presumption that you agree to these, so please take a moment to read!
DCS driver training
Terms & Conditions
These Terms and Conditions are the standard terms which apply to the provision of driving tuition by DCS driver training, of 8 Cae Perthi, Arddleen, Llanymynech, SY22 6QS, to students that require such tuition; and where the Student is a “Consumer” as defined by the Consumer Rights Act 2015.
A. Definitions & Interpretation
- 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 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;
- “DVSA”means the Driving & Vehicle Standards Agency;
- “Instructor / I / Me / My”means Nige Owen, DCS driver training, whose place of business and contact address is [the same address as above];
- “Price List”means Instructor’s standard price list for driving tuition. The list is available at https://dcsdrivertraining.com/training-courses/ ;
- “Student / You / Your”means the individual recipient of driving instruction, as named in the Acceptance Clause of this document;
- “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
- “Regulations”means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- 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
- a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
- The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
- Words signifying the singular number shall include the plural and vice versa;
- References to any gender shall include the other gender;
B. Driving Instructor
- I am a self-employed independent driving instructor and am not employed by a driving school [when providing tuition under these Terms and Conditions]; and
- I am registered with the DVSA as an Approved Driving Instructor (ADI) and My ADI registration is up to date. I shall display My current DVSA ADI registration certificate in any vehicle that I use for a session, and I will ensure that that ADI certificate is kept up to date at all times.
C. Driving Sessions: Booking, Cancellation & Delays
- A session will only be made available to You if You have a pre-booked appointment for it. You should book a session with Me in person at my address or elsewhere, or by phone, text message, email, or via social media or through FB messenger or Whats App. It shall be Your and My responsibility to agree all matters relating to each session including, but not limited to, date, time, location and duration;
- Your request to book a session will be an offer, but whether I accept any request will be for Me to decide in My discretion. Only if and when I tell You that I accept Your request for any particular session(s) will there be a binding contract between You and Me for that/those session(s);
- If You wish to make a booking for two or more sessions by means of a single booking, and in My discretion I accept that booking, My contract with You will be for all of the sessions concerned;
- I will not reserve any session slots or guarantee regularity of sessions over any period of time or on any particular date and/or time except that I will reserve a particular session slot for You if and when I accept a booking for it from You. Nevertheless, I shall use reasonable endeavours to make available regular session slots for You;
- If You know You are going to be late for a session, You should contact Me to tell Me, in good time. We all need to cancel appointments sometimes, and an alternative arrangement can usually be put in place. If You arrive (or are not ready) later than 10 minutes after the scheduled start time for Your booked session, I will try to provide that session but if I decide that I cannot do so, the session will be treated as cancelled without notice by You and, if I then decide to make a charge for that session cancelled without notice, sec C.7 below will apply; Whilst I will endeavour (but am not bound to) to send out reminder texts the day before your session, and Your next session details are within the mydrivetime app, it is Your responsibility to ensure You attend the session in good time, or make arrangements to notify Me beforehand if you cannot make it. If You are late for Your session, and I have made reasonable attempts such as those above to remind You of Your appointment, and You have made no contact with Me, I will wait at the appointment location for 10 minutes. If there is no contact from You within this time I will consider the session cancelled and You will be liable for charges indicated in sec C.7 below.
- You may cancel a session without charge if You give Me at least 24 hours prior notice of the cancellation and if You do so I will refund to You any sum You paid Me in advance, or credit it towards your next session; [Please Note: Special conditions apply during the Covid 19 pandemic. See website for details. Summary: neither instructor nor student will incur late cancellation penalties when the reason is related to suspected Covid 19 contact.]
- If You do not give Me at least 24 hours prior notice of cancellation of a session, I will be entitled to charge You for any net financial loss that I suffer due to Your cancellation at the flat rate of £15 / 1 hr session, £20 1.5 hr / £25 / 2 hr. I will be entitled to deduct that charge from any sum You paid Me in advance, and I shall refund the balance to You;
- If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a session without giving Me at least 24 hours prior notice, I will consider the circumstances and in My discretion decide whether to waive any charge for late cancellation that I am entitled to make under sec C.7.
- If I need to cancel a session, I may do so without incurring any liability to You (and You will not have to pay for that session) if I give You at least 1 hour prior notice, but if I do not give You at least that minimum notice, I shall be liable for and shall credit You with an additional session at no charge;
- Notwithstanding sec C.9, I may, without incurring any liability to You, cancel a booked session at any time before the start time of that session, where either:
- due to my illness, unavailability of a suitable vehicle, or other reason beyond My reasonable control, I am not available or able to provide the session fully or properly. If I cancel a session in such circumstances, I will refund to You in full any advance payment that You have made to Me for that session; or
- I have 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 I cancel the session for such reason, I shall be entitled, at My discretion, either to charge You for that session or not to do so but in deciding whether to charge You I shall act reasonably;
- I will use all reasonable endeavours to start a session at the time which You have booked but the start may be delayed by overrun of a previous session or by other circumstances. If a delay to the start is at least 15 minutes, or if at any time before or after You or I arrive for a session I notify You that there will be a delay of at least that time, You may cancel and will not have to pay for that session and I will refund to You in full any advance payment that You have made to Me for that session. If, however, in those circumstances You do not cancel the session, I shall add on to the session the time by which the start is delayed at no charge to You or, if that does not suit You, I shall add it on to a subsequent session, or if You do not book a further session I will refund a part of the fee for that session in proportion to the part of the session not added on; and
- Where the contract I make with You is not made on My premises, the Regulations give You the rights set out in this sub-Clause C.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 session(s) during the 14 day period after I accept the booking for it/them, 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 Me to provide any such session(s) and I do so, You may not cancel that or those requested session(s) and You must pay for them in accordance with Clause 5, and You may then only cancel any other session(s) covered by that booking. If You request that any session be cancelled, You must confirm this in any way convenient to You. If You cancel any session(s) as allowed by this Sub-clause C.12, and You have already made any payment(s) to Me for the session(s), I 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.
- Persistent cancellations by You over a reasonable period of time (eg, 3 in 8 lessons) may result in You being removed from the current student list. If, after 2 weeks, no further contact is made by You following a cancellation, You will be removed form the current schedules and any further lessons You wish to book will be dependent on waiting list availability.
D. Sessions: Location & Length
- I will agree the location for each session with You at the time of booking. I 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 Me, travel time will form part of the session time;
- The minimum length of a session will be 1 hour and, if You and I agree, it may be increased by increments of 30 minutes [up to a maximum length of 2 hours]
E. Fees & Payment
- You must pay My fees for all sessions, and I will charge for sessions on an hourly basis. You can obtain information on current session fees from DCS driver training website.
- I may change My fees without prior notice but if I 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 I may in my discretion decide to refund You the amount of the decrease;
- You shall make payment to Me of My fees in advance by debit card, credit card, online or BACS [within 24 hours of lesson]. I shall give You a receipt for all sums that I receive from You if requested.
F. My Obligations
I shall, at all times:
- use My reasonable endeavours to provide driving instruction at the agreed session times;
- use My reasonable endeavours to train You to a high standard, but shall not be responsible for any errors made by You;
- be professional and courteous towards You and other road users;
- act in accordance with the DVSA Code of Practice for Approved Driving Instructors and DCS driver training Diversity Policy (copies of which are available on DCS driver training website); and
- act in accordance with the law.
G. Your Obligations
- You confirm that, in connection with your request(s) to receive driving tuition from Me, You are and will be a “consumer” as defined in Clause 1 above;
- You must hold a valid UK driving licence (either provisional or full);
- You must always have Your driving licence with You during sessions;
- 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 Me of that entitlement;
- You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;
- You must always wear any relevant prescribed glasses or contact lenses;
- You must inform Me of any medical conditions or prescribed medication which may affect Your driving ability; and
- If You fail to comply with one or more of sub-Clauses G.2 to G.7 above, or I find that you are not a “consumer” (as defined in Clause 1 above), I may immediately cancel one or more sessions. If I do so, I may in My discretion still charge for the cancelled sessions.
H. Vehicles & Insurance
- I shall ensure that all vehicles that I provide 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; [and]
- [You may request to use Your own vehicle. Whether You use Your own vehicle is for Me to decide at My sole discretion. You must provide proof to Me of Your vehicle’s roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of driving instruction.]
I. Driving Tests
- I shall discuss driving tests with You and inform You when I feel that You are ready to take a test;
- You 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 and to confirm with me the precise details;
- Before confirming a test booking with DVSA, You must check with me before booking to ensure that a. I am available for the prospective date / time and b. that I consider that You are ready for a test;
- I will not be held responsible if you book a test without consulting me first, leading to a potential clash with other appointments I may have, which may mean I and my car are not available for your test;
- 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;
- Unless I feel that My vehicle is unsuitable for a Student to use for their practical test or Clause 9.9 applies, I generally permit Students to use My vehicle for their test, but whether I permit You to do so for Your test will be in my discretion; See (I) 3,4
- If I have given You permission to use My vehicle for Your test but it breaks down or is otherwise unavailable or unusable on the date of the test, I shall use My reasonable endeavours to arrange an alternative vehicle. If this is not possible, I shall not pay for the replacement test;
- If Your test is cancelled by the DVSA giving You insufficient time to provide Me with the required cancellation notice of a booking, You must still pay My fees for My time and/or the use of My vehicle. In that case, I shall advise You on claiming compensation from the DVSA for the cost of those fees; and
- If You have a test booked and, in My opinion, You do not make the expected progress in Your sessions between the date of booking and the test date, I may decide not to permit You to use My vehicle for Your test and I will not be responsible for any fees that You pay for the test which are lost.
J. Cancellation & Termination
- I may, in my discretion, terminate Your tuition if Your conduct, progress or commitment consistently falls below the standards that I reasonably expect;
- You may, at any time, subject to Your meeting the requirements of Clause C as to giving notice of Your cancellation of sessions, terminate Your tuition by Me; and
- Where sub-clause J.1 or J.2 applies, I shall refund to You any fees for sessions that You have paid me in advance.
- I will be responsible for any foreseeable loss or damage that You may suffer as a result of My breach of these Terms and Conditions or as a result of My negligence. Loss or damage is foreseeable if it is an obvious consequence of My breach or negligence or if it is contemplated by You and Me when My contract with You is created. I will not be responsible for any loss or damage that is not foreseeable;
- I provide tuition only for Your personal and private use/purposes. I will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
- Nothing in these Terms and Conditions is intended to or will exclude or limit My liability for death or personal injury caused by My negligence or for fraud or fraudulent misrepresentation;
- 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 My liability to You, under:
- the Consumer Rights Act 2015;
- the Regulations;
- the Consumer Protection Act 1987; or
- 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.
Changes to Terms & Conditions
- I may from time to time change these Terms and Conditions without giving You notice, but I will use My reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
Your Personal Information (Data Protection)
- 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 on DCS driver training website.
- DCS driver training and Nigel Stewart Owen are registered with the ICO as a Data Controller, and fully comply with UK government’s Covid 19 Test, Track & Trace programs.
- I am required by the Regulations to ensure that certain information is given or made available to You as a Consumer before I make My contract with You (i.e. before I accept Your request to book any session) except where that information is already apparent from the context of the transaction. I 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 I accept Your request to book a session. All of that information will, as required by the Regulations, be part of the terms of My contract with You as a Consumer.
- As required by the Regulations:
- all of the information described in Clause 14; and
- any other information which I give to You about tuition or other services or Me which You take into account when deciding to book a session or when making any other decision about My tuition or other services;
- will be part of the terms of My contract with You as a Consumer.
- I always welcome feedback from My Students and, whilst I always use all reasonable endeavours to ensure that I provide a high standard of tuition and service to Students, I nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about My tuition or other services or any other complaint about Me, please raise the matter with Me in person, online, by phone or email
- No failure or delay by Me or You in exercising any rights under these Terms and Conditions means that I or You have waived that right, and no waiver by Me or You of a breach of any provision of these Terms and Conditions means that I or You will waive any subsequent breach of the same or any other provision.
- 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.
Law & Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and I (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales]
- 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.
- 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.
By signing this document, you are confirming that you are 18 years of age or over and have read, understood and agree to be bound by these Terms and Conditions.
As a responsible trainer, DCS is operating above-standard procedures for ensuring the continued safety of clients, examiners, instructor and families during the Coronavirus outbreak. Our professional association, the ADINJC has provided a C19 Risk Assessment, which is being used at all times before, during and after sessions. You can view or download a copy below