WheeLdrive Terms and Conditions

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Driver Training

The terms & conditions of business under which driving instruction is provided are outlined below. These terms & conditions of business are a contract between the client and Derek Kneeshaw trading as WheeLdrive. These terms and conditions shall be construed under the laws and subject to the sole jurisdiction of the courts of England & Wales. These terms and conditions of business do not affect your statutory rights.

Code of Conduct

WheeLdrive abides by a Professional Code of Conduct, copies are available on request.  

COVID-19 Supplementary Terms and Conditions

These additional terms and conditions set out additional measures in response to the COVID pandemic. Where any COVID term or condition conflicts with one set out elsewhere in the document, the COVID one shall take precedence.
  • WHEELDRIVE reserves the right to postpone any lesson without notice on suspicion that either instructor or student may be displaying COVID symptoms.
  • All students must have reviewed the updated Terms and Conditions and completed the on-line additional COVID Risk Assessment documentation before any lesson can go ahead.
  • Refunds will not be issued but credit carried forward until a lesson can be rescheduled.
  • All students must agree to abide by the virus prevention/containment instructions identified in theRisk Assessment, including the wearing of any identified PPE immediately before, during and after each lesson or driving test. Students accept that WHEELDRIVE cannot be held liable in the event they suspect they contracted any illness as a result of a lesson and any personal loss therefore suffered as a result whether personal or financial. No working environment can be made 100% risk-free and the student accepts the risks associated with undertaking a lesson and that the precautions put in place by WHEELDRIVE are a “best endeavours” approach based on issued government guidance.
  • Students can postpone a lesson without penalty at short notice on the grounds of needing to isolate due to COVID-19. In this event a refund will not be offered but credit carried forward to a future lesson.

Entitlement to Drive

In order to have driving lessons you must:
  • Be aged 17 or older (16 or over if disabled)
  • Hold a driving licence that is valid for the UK (provisional, full or an appropriate foreign licence)
  • It is your responsibility to provide your instructor with proof that you have a valid licence to drivebefore the commencement of your first driving lesson.
  • If you fail to provide this proof, your instructor is entitled to refuse to conduct the driving lesson butmay still charge you for such driving lesson.
  • It’s your responsibility to ensure you are fit to drive.
  • You must inform the instructor of any medical condition, disability or injury that may affect yourability to drive.

Behaviour

Derek will not tolerate any form of verbal or physical abuse, whether directed at himself, a driving examiner, or any other road user. Derek reserves the right to terminate any lesson at any stage should in his sole opinion they feel that it is inappropriate to continue because of the client’s behaviour, sobriety or state of mind. The lesson fee will be forfeit.

Lesson Fees and Payments

Before or on the first driving lesson, the client will be supplied with details of tuition fees. Any alteration of tuition fees will always be notified in advance.
  • All lessons must be paid for either in advance, or at the start of the lesson, credit is not offered.
Payments may be made by bank transfer, cash, or cheque. Where a client falls into arrears with payments, WheeLdrive reserves the right to discontinue tuition until such time as the client’s account is brought up to date, this may include withholding the use of WheeLdrive car for a driving test. In the event of further action being needed to recover any monies owed, further charges may be made to cover costs and administration. The client will be given written notice of other charges added.

Cancellations

You must give at least 48 hours’ notice if you wish to cancel or re-arrange a booked driving lesson. Failure to do so may result in a charge for the full amount for that driving lesson. Lessons might sometimes need to be postponed at short notice due to illness, mechanical breakdown or some other emergency or unforeseen occurrence, a mutually agreeable alternative appointment will be made.

Refunds

When a client pays in advance for lessons, they shall be entitled to a refund at any time of any monies for unused lessons.

Change of Vehicle

Tuition vehicles are periodically changed, either sold, or unavailable due to mechanical or other problems.

• If there is a replacement vehicle for a driving test, the client will be given as much notice as possible, to familiarise with the new vehicle, however, in the case of replacement due to mechanical problems this may not always be possible. WheeLdrive will not be responsible for any losses (e.g. test fees) if the client chooses to decline these lessons.

Driving tests

Driving Tests should not be booked without first ascertaining the availability of your driving instructor and car, and agreement being reached with Derek as to your readiness for the driving test.
  • As Derek will usually book your driving test, no responsibility will be taken by WheeLdrive for incorrect bookings unless the driving test email is produced.
  • No responsibility will be taken by WheeLdrive for driving tests booked when Derek is unavailable.
  • In the interests of road safety, WheeLdrive reserves the right to withdraw the use of car for the driving test, when in Derek’s opinion, the client is not at test standard.
  • Where the use of WheeLdrive’s car is withheld for a driving test, Derek will, where possible, give the client sufficient notice to enable them to cancel the test without loss of the test fee.
  • No responsibility will be taken by WheeLdrive for withdrawing the use of car for the driving test when, in their sole discretion Derek assesses the client as not being ready for test.
  • When a driving test is cancelled due to mechanical failure of WheeLdrive’s car, illness of Derek or any other reason that is the responsibility of WheeLdrive then the client will be entitled to the cost of their next driving test fee to be paid for by Derek. WheeLdrive will not be responsible for any additional tuition fees incurred whilst waiting for the next driving test appointment.

WheeLdrive has no control over driving tests cancelled by DVSA.

When DVSA cancel a driving test because there is not an examiner available it can be possible to claim back any losses incurred by the client, including a proportion of lesson fees, this is the responsibility of the client, not WheeLdrive. When a driving test is cancelled because the client’s documents are not in order the full fees due to WheeLdrive for driving lessons and the use of the car for the driving test are still payable in full, unless cancelled in accordance with the normal period of notice.

Data Protection

Under the Data Protection Act 2018, WheeLdrive will only:
  • collect information that they need for a specific purpose
  • keep it secure
  • ensure it is relevant and up to date
  • only keep as much as they need, and only for as long as needed
allow the client to see information they have All personal information and details given to WheeLdrive is used to deliver the service intended and records are kept strictly confidential. Occasionally your information may need to be shared with third parties, in order for us to provide you with the requested service. For further information or to opt out please ask your instructor for details.

Legal Liability and Complaints

The client, in accordance with road traffic law, is legally responsible for any traffic offences that occur whilst they are in charge of the vehicle. Derek will endeavour to train the client to the highest possible standard; however, he cannot be held responsible for the standard of driving or any errors that are committed whilst he is not giving tuition, either before or after the client passes a driving test. If the client is not happy with any aspect of tuition, or of the standard of service offered, they should either raise the matter with Derek with the minimum delay, and not later than seven days from the date of the cause of the complaint. Every effort will be made by WheeLdrive to resolve any complaint or issue. If the client and WheeLdrive cannot reach a satisfactory agreement then the client can approach ‘The Approved Driving Instructors National Joint Council (ADINJC)’for non-binding arbitration.
V2. June 2020 (adapted for COVID-19)


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