TERMS AND CONDITIONS

Your instructor and System Driving School

Your instructor is a self-employed franchisee (‘your instructor’) of System Driving School Limited (SDSL, ‘we’, ‘us’, ‘our’).

System Driving School Limited acts as agent for your instructor in receiving your payments for driving tuition other than payments made directly by you to your instructor. Where System Driving School Limited makes bookings with, or supplies any information or documentation to you, or processes any payments for your lessons, they act as the agent of your instructor.

The contract for driving tuition is solely between you (‘you’) and your instructor.


Tuition

Tuition is only available to persons who meet the following criteria:

  • Aged 17 or over or aged 16 or over and in receipt of the higher rate of Disability Living Allowance (mobility component); and
  • hold a valid UK provisional driving licence; and
  • legally entitled to drive in the UK.

Lessons

You and your instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons.

You must notify your instructor of any matters which affect your ability or entitlement to have driving tuition, for example, but not limited to, any lack, or loss, of a valid UK provisional driving licence.


Cancellation of lessons

If you or your instructor wish to cancel a lesson a minimum of 48 hours prior notice should be given. If your instructor cancels a lesson without giving this minimum period of notice your instructor shall rearrange the lesson. Cancellations by you must be directly between you and your instructor.

If you do not give at least 48 hours notice of cancellation you will be charged for the lesson(s) concerned in full. Please note that in the event of you having booked your driving test, the Driver and Vehicle Standards Agency (DVSA) stipulates that you need to give three clear working days to cancel your test. This may mean that you may/will lose your DVSA test fee if your instructor says you are not ready for test within this three day notice period.


Timekeeping & Traffic delays

Our instructors cannot be held responsible for delays due to traffic delays

Any lesson start time that is running late, the pupil will be contacted by the instructors in advance (phone signal providing)

Where possible, our instructors will make up any lost time at the end of the current lesson or add to a future booking

Any loss of test fees, due to late arrival, are non-refundable by either System Driving School, their Instructors or DVSA


Payments and lesson bookings

You must pay for any tuition at least 48 hours before the start of the lesson by using one of the following methods:

  • Payment by credit or debit card or by validated System Driving School voucher or gift card by telephoning System Driving School Customer Service Centre on 0800 246 5764.
  • Once your instructor has been allocated and completed the first lesson, whether a one hour lesson or part of a block booking, System Driving School will, on receipt of the pupils drivers record, transfer the full payment received for this lesson and/or the outstanding balance of the block lesson to the instructor.
  • A booking fee of £2.50 inclusive of VAT will be charged on the purchase of your initial lesson package if made over the telephone through the System Driving School Customer Service Centre.
  • A handling fee of 1.8% plus VAT is applied to credit card transactions made through the Customer Service Centre or online. (This charge does not apply to payments made by debit card.)
  • Payment by cash or cheque direct to your instructor (any cheque must be made payable to your instructor).

System Driving School has no responsibility or liability to you for payments made by any other means. If you pay your instructor directly by any method, you should obtain a receipt (Drivers record diary and payment records). System Driving School accepts no responsibility for any payments made directly to instructors.


Gift Vouchers:

  • have no cash value and have to be redeemed against tuition.
  • are not transferable once they have been redeemed.
  • are only available to be redeemed once per pupil
  • are valid for six months from date of purchase
  • can only be redeemed once and will be withheld by the instructor once presented
  • can be redeemed when / assigned to an instructor, when such instructor/s are available to take said lessons
  • only entitle the user to the hours stated on the voucher
  • users must have relevant driving licence to redeem said voucher/


Price changes

The cost of prepaid tuition is based on the lesson price in force at the time of booking and, with the exception of the circumstances set out below, will be honoured for 12 months thereafter irrespective of any price increase that may occur between the date of booking and when the lessons are taken. Any unused lessons remaining after 12 months have elapsed shall have any lesson price increase applied prior to the lessons which shall become payable by you.

Circumstances where, if you have prepaid, you will be either be required to pay an additional amount beyond the cost of your pre-paid lessons or receive a refund of some of your prepayments (as applicable):

  • Where you have moved postcode area and requested reallocation to another instructor because your current instructor does not operate in the new postcode area, you will be required to cover any difference in the hourly rate between those instructors where your new instructor charges a higher hourly rate or, where your instructor charges a lower rate, you will be refunded the difference.
  • Where you have requested to switch instructors within the same postcode area and your new instructor charges a higher hourly rate than your previous instructor, you will be required to pay the difference in the hourly rate or, where your instructor charges a lower rate, receive a refund of the difference.
  • Where you have requested to switch instructors in the same postcode area and your new instructor charges a supplement (for example an additional fee for tuition in a car with automatic transmission), you will be required to pay any such supplement.
  • Where you have not undertaken any lessons for a period of three months and have been reallocated an instructor after a price rise in tuition has taken place you will be required to pay the difference in price for your remaining lessons.
  • Where you have purchased lessons with a trainee instructor and, at your request, you are reallocated to a fully qualified instructor you will be required to pay the difference in the hourly rate between those instructors.

Special offers and discounts

System Driving School presents a great range of offers and discounts to new and existing learner pupils on learning to drive and other related products. System Driving School reserves the right to introduce (and to withdraw) special offers from time to time.

Introductory offers are only available to new learner pupils, cannot be used in conjunction with other offers and are not transferable.

Any such offers are only valid for participating instructors in the offers scheme.


Refund policy and warranty

You are entitled to cancel your prepaid tuition at any time (for the provisions relating to the cancellation of individual lessons please see ‘Cancellation of lessons’ above). If you have not taken any lesson(s) at the time of cancellation you will be entitled to a full refund of any amounts paid to directly to System Driving School Limited, subject to the points below.

  • If you have taken lesson(s) at the time of cancellation you will not be eligible for a refund on any lessons taken, inclusive of the booking fee (if applicable).
  • If you have taken lesson (s) at the time of cancellation you will be required to gain any refund from the driving instructor directly, as he would be in receipt of the complete booking payment (as per Payment and Lesson bookings above)
  • Where it is possible to do so, we/your instructor will refund you using the same method you used to pay for your lessons when you made the payment. If for any reason we are unable to do this, we reserve the right to refund you by any other method we deem appropriate.
  • We may request additional information from you to confirm your identity in order to comply with the Money Laundering Regulations 2007; we will also use this information to ensure adherence to our Merchant Operating Instructions for card collection facilities.
  • Refunds may take up to 10 working days to reach you or your account.
  • Refund of partial block booking will be made pro rata on any lessons not taken.
  • In the event of a ‘buy one get one free’ offer, no refund will take place once the first lesson has been taken.
  • If you have paid your instructor for the tuition you wish to cancel, your instructor will refund you adhering to the same principles as set out above.
  • If you have paid using a prepaid gift card or AA voucher, we will not be able to proceed to any refund after redemption of the card or voucher.

Transferability of lessons

You cannot sell or transfer lessons which have been purchased in your name to any other person.


Fraud prevention

Your lessons are only valid if they are purchased through the channels outlined in the ‘Payments and lesson bookings’ section set out above. If your lessons have been purchased through another source please contact us immediately on 0800 246 5764. In the event that some or all of your lessons were not purchased in accordance with the foregoing terms, System Driving School reserve the right to suspend these lessons in your account, with immediate effect.

An investigation will then be conducted by System Driving School in order to check the validity of the purchase. Where the results of the investigation determine that the lessons are not valid they will not be provided to you and System Driving School shall have no liability in these circumstances.


Limitation of liability

Your instructor and/or System Driving School Limited are not liable to you for any loss or damage caused where, and to the extent that:

  • there is no breach of a legal duty owed to you by the relevant person or body;
  • such loss or damage is not a reasonably foreseeable result of such a breach;
  • any such loss or damage, or increase in the same, results from any breach or omission by you
  • any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body.

Your instructor and/or System Driving School Limited shall not, in any event, be liable for losses relating to any business interests you may have including, without limitation, lost profits, lost earnings, loss of opportunity or business or business interruption.

You are reminded that System Driving School Limited are not party to the contract for driving tuition itself, which is between you and your instructor. This does not affect any liability that System Driving School Limited may have for any loss or damage you may incur which is caused directly as a result of any breach (including negligence) by it or them of any legal duty owed by it or them to you.

Nothing in these terms and conditions will affect any statutory rights you may have as a consumer.


Insurance

Your instructor will carry the appropriate motor insurance, should you be involved in a collision as a learner driver while in control of driving the instructor’s tuition vehicle.


Short notice test

A short notice test is when there is two weeks or less from the date of the first planned lesson to the date of your booked test.

A short notice test package consists of 5 hours of instructor and tuition vehicle time as a minimum. This includes a 2-hour driving assessment and a further 3 hours covering the day of your driving test.

As a minimum, you will need to pay for 5 hours of tuition before any lessons can be booked.

Additional hours purchased within the short notice test period as defined above will be charged at the instructor’s standard hourly tuition rate plus £5.

If you fail your test and require additional lessons these will be charged at your instructor’s standard hourly tuition rate.

If you change your mind and wish to cancel your short notice test package lessons, a minimum of 48 hours cancellation notice is required prior to the initial 2-hour assessment lesson, for a full refund. Please refer to our Cancellation of Lessons and Refund Policy and Warranty sections, for the standard terms and conditions of our cancellation and refund policy.

During the initial 2-hour assessment lesson you will be evaluated by your instructor. If after the 2-hour assessment lesson the instructor tells you that you are not ready for the test, the instructor is under no obligation to take you to the test. Your instructor will advise you of the next steps needed to become test ready.

The Driver & Vehicle Standards Agency stipulate that you need to give three clear working days to cancel or re-schedule your test. This means that you may lose your Driving Standards Agency test fee if your instructor says that you are not ready for the test after the initial 2-hour assessment lesson. In these circumstances neither System Driving School or your instructor are liable for the cost of any lost driving test fee.

If you decide to reschedule your test to a later date, you can use the unused pre-paid hour(s) for further tuition toward the new test date.

This offer cannot be taken in conjunction with any other offer.


Law applying to terms and conditions

These terms and conditions are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the English courts.


Complaints procedure

If you have any concerns or complaints about any part of your driving tuition which cannot be resolved with your instructor, please contact the System Driving School Customer Service Centre on 0800 246 5764.

Where the Customer Service Centre is unable to resolve your complaint to your satisfaction, you will be entitled to escalate the matter to our Customer Care department by writing to Customer Care at the address below.

The Customer Care team will use reasonable endeavours to respond to your written query within 5 working days.


Customer care

Your contract is between you and your instructor.

In the rare event of any problem arising, you should resolve this with your instructor immediately. We recommend no further lessons are taken until the matter is resolved.

In the unlikely event that you are unable to reach a satisfactory conclusion, we will be happy to investigate further until the matter is resolved. Please note that we will require evidence of any financial transactions and lesson times before We are able to investigate. Therefore, it is imperative that your Driver Record (provided to you by your instructor) details are kept accurate and up to date. Should you require us to investigate any matter, please contact our Special Investigations team by one of the following methods:

Call:      0800 246 5764

Email:   hello@systemdrivingsch.users.ds60114.dedicated.interdns.co.uk

Post:    System Driving School, Dragon Enterprise Centre, 28 Stephensons Road, Leigh-on-Sea, Essex  SS9 5LY

If you still feel dissatisfied, you may contact the Driver and Vehicle Standards Agency on 0300 200 1122 who may be able to help you further.


Collection and use of data

Any personal data you provide will be held securely and in accordance with the Data Protection Act 1998.

We will use your personal data for the purpose(s) for which you have provided it. It may also be used for marketing, research and statistical purposes and crime prevention.

We may however need to disclose personal data to a third party so that the service you requested could be provided. It may also be necessary to transfer it to countries outside the European Economic Area. Where this happens, we will endeavour to ensure that any recipient of your data will treat it with the same level of protection as we would.

Your data may be disclosed to regulatory bodies for the purposes of monitoring and/or enforcing compliance with any regulatory rules/codes.

If you give us information about another person, in doing so you confirm that they have given you permission to provide it to us to be able to process their personal data (including any sensitive personal data) and also that you have told them who we are and what we will use their data for, as set out in this notice.

In the case of personal data, with limited exceptions, you have the right to access and if necessary rectify information held about you by formal written application to System Driving School, Dragon Enterprise Centre, 28 Stephensons Road, Leigh-on-Sea, Essex SS9 5LY

By providing us with your personal data and contact details, you consent to the use of that data and to your being contacted by System Driving School, by post, telephone, email, SMS or other electronic means, to inform you about products and services which it considers may be of interest to you. However you can unsubscribe from these messages at any time.

Your calls to the Customer Service Centre may be recorded for quality monitoring and training purposes.


Registered address

System Driving School Limited Registered office: 149 The Chase, Rayleigh, Essex SS6 8QS Registered in England and Wales number 9653088