Pupil terms and conditions Blues Driving School
We may change our terms from time to time. If this happens, we’ll let you know and any changes will take effect straight away.
Headings
Your instructor
Tuition
Lessons
Cancellation of lessons
Payment and lesson bookings
Price changes
Special offers and discounts
Refund policy and warranty
Transferability of lessons
Fraud prevention
Limitation of liability
Insurance
Customer care and complaints
Collection and use of data
General
Recommend a friend
Law applying to Ts & Cs
Your instructor
Your instructor is a self-employed franchisee of Blues Driving School Ltd.
Blues Driving School acts as agent for your instructor in receiving your driving tuition payments, unless you’ve made these directly to your instructor. Where Blues Driving School make 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 and your instructor.
Tuition
Tuition is only available if:
You’re aged 17 or over, or aged 16 or over and receive the higher rate of Disability Living Allowance (mobility component); and
hold a valid UK provisional driving licence; and
are 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.
On your first lesson you must present your instructor with your valid provisional driving licence.
You must notify your instructor of any matters which affect your ability or entitlement to have driving tuition, this includes;
· Lack or loss/cancellation of a valid UK provisional driving licence.
· Unfit through alcohol/prescribed or controlled drugs or other addictive substances such as aerosols, glue and nitrous oxide.
· Unfit through lack of sleep,
· Unfit due to a mental health issue eg. Anxiety.
When you book, we’ll let you know about the availability of an instructor operating in your location.
Cancellation of lessons
If you or your instructor need to cancel a lesson, a minimum of 48 hours’ prior notice should be given. If your instructor cancels a lesson without giving this, they’ll rearrange the lesson. Cancellations made by you must be confirmed directly between you and your instructor.
If you don’t give at least 48 hours’ notice of cancellation you could be charged for the lesson(s) concerned in full, this is at discretion of your instructor based on the circumstances and previous history. In the event of you having booked your driving test, the Driver and Vehicle Standards Agency (DVSA) requires you to give three clear working days to cancel your test.
Payment and lesson bookings
You must pay for any tuition at least 48 hours before the start of the lesson. You can use one of the following methods:
1. Payment by online banking
2. Payment by cheque or by validated Blues Driving School voucher or gift card (Voucher and gift cards have no cash value and have to be redeemed against tuition, Voucher and gift cards aren’t transferable once they’ve been redeemed and are valid until the date shown on them.)
3. Payment by cash direct to your instructor.
Blues 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 make sure you get a receipt or electronic audit trail. Blues Driving School accepts no responsibility for any payments made directly to instructors.
Price changes
The cost of pre-paid tuition is based on the lesson price at the time of booking and, with the exception of the circumstances below, this will be honoured for 12 months afterwards – irrespective of any price increase that may occur between the date of booking and when the lessons are taken.
Where you’ve prepaid, you’ll either be required to pay any additional amounts beyond the cost of your prepaid lessons or receive a refund of some of your prepayments (as applicable) where you’ve:
1. Moved postcode area and requested re-allocation to another instructor because your current instructor doesn’t operate in the new area, you’ll be required to cover any difference in the hourly rate between those instructors if your new instructor charges a higher hourly rate. If your instructor charges a lower rate, you’ll be refunded the difference.
2. Requested to switch instructors within the same postcode area and your new instructor charges a higher hourly rate than your previous instructor, you’ll be required to pay the difference in the hourly rate. If your instructor charges a lower rate, you’ll receive a refund of the difference.
3. Requested to switch instructors in the same postcode area and your new instructor charges a supplement (eg, an additional fee for tuition in a car with automatic transmission), you’ll be required to pay any such supplement.
5. Purchased lessons with a trainee instructor and, at your request, you’re re-allocated to a fully qualified instructor you’ll be required to pay the difference in the hourly rate between the trainee and the qualified instructors
Special offers and discounts
Blues Driving School has a great range of offers and discounts for new and existing learner pupils on learning to drive and other related products. We reserve the right to introduce (and to withdraw) special offers from time to time.
Introductory offers are only available to new learner pupils. They can’t be used in conjunction with other offers and aren’t transferable.
Refund policy and warranty
You can cancel your pre-paid tuition at any time (for the provisions relating to the cancellation of individual lessons see ’Cancellation of lessons’ above). If you haven’t taken any lesson(s) at the time of cancellation you’ll be entitled to a full refund of any amount paid to Blues Driving School, subject to these conditions:
1. If you’ve taken lesson(s) at the time of cancellation you will not be eligible for a refund on any lessons taken.
2. Where possible, we’ll refund you using the same method you used to pay for your lessons. If for any reason we’re not able to do this, we’ll refund you by any other method we think is appropriate.
3. We may request additional information from you to confirm your identity to comply with the Money laundering Regulations 2007.
4. Refunds may take up to 10 working days to reach you or your account.
5. Refund of partial block bookings will be made pro rata on any lessons not taken.
6. In the event of a ‘buy one get one free’ offer, no refund will take place once the first lesson has been taken.
7. If you’ve paid using a pre-paid gift card or voucher, we won’t be able to offer a refund after redemption of the card or voucher.
If you’ve paid your instructor directly for the tuition you want to cancel, your instructor will refund you following these same principles.
Transferability of lessons
You can’t sell or transfer lessons which have been purchased in your name to any other person.
Fraud prevention
Your lessons are only valid if they’re purchased through the channels outlined in the ‘Payment and lesson bookings’ section above. If they’ve been purchased through another source contact us immediately on 07930992108. In the event that some or all of your lessons weren’t purchased in accordance with these terms, Blues Driving School reserve the right to suspend these lessons in your account, with immediate effect.
An investigation will then be conducted by Blues Driving School to check the validity of the purchase. Where the results of the investigation determine that the lessons aren’t valid, they won’t be provided to you and Blues Driving School will have no liability in these circumstances.
Limitation of liability
Your instructor and Blues Driving School 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 your instructor or Blues Driving School
• such loss or damage is not a reasonably foreseeable result of such a breach;
• any such loss or damage, or increase in loss or damage, results from any breach or omission by you;
• any such loss or damage results from circumstances or matters outside of the reasonable control of your instructor or Blues Driving School
Your instructor and Blues Driving School shall not, in any event, be liable for losses relating to any business interest you may have including, without limitation, lost profits, lost earnings, loss of opportunity or business or business interruption.
Nothing in these Ts & Cs will affect any statutory rights you may have as a consumer.
Insurance
Your instructor will carry the appropriate motor insurance to provide comprehensive cover should you be involved in a collision as a learner driver, whilst in control of driving the instructor’s tuition vehicle.
Customer care and complaints
Your contract is between you and your instructor.
In the event of any problem arising, you should resolve this with your instructor immediately, in the first instance. We recommend you don’t take any further lessons with that instructor until the matter’s resolved. Another instructor can be allocated upon request.
If you have any concerns or complaints about any part of your driving tuition which can’t be resolved directly with your instructor, contact us on 07930992108. We will aim to respond to your query within five working days. In the unlikely event that you’re unable to reach a satisfactory conclusion, we will be happy to investigate further until the matter is resolved. We will require evidence of any financial transactions and lesson times before we’re able to investigate.
Collection and use of data
To find out more about how we use your personal information, please read our Driving School Privacy Notice.
General
‘Force Majeure’ means an event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations. We won’t be liable if delayed in or prevented from performing our obligations under these Ts & Cs due to Force Majeure.
A waiver of any rights under these Ts & Cs or law is only effective if it’s in writing and not deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Ts & Cs or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Ts & Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification isn’t possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause won’t affect the validity and enforceability of the rest of the terms.
These Ts & Cs aren’t intended to give rights to anyone except you and us. The rights of any third parties are specifically excluded.
Recommend a friend
1. The offer
1.1 This offer is for 1 hrs free tuition:
to any student who recommends a new pupil to Blues Driving School
2. How to take part
2.1 The Recommender must:
(a) be at least 17 years old;
(b) provide their friend with their name and Blues Driving School instructors details
(c) be a current Blues Driving School student
(d) not recommend themselves.
2.2 The Recommended Friend must:
(a) be at least 17 years old;
(b) call us and provide the name of the Recommender and their instructor and
(c) book a minimum of 10 hrs tuition with Blues Driving School.
2.3 This offer can only be redeemed by calling us and is not available online.
2.4 The offer is only open to residents of the UK.
3. General terms
3.1 We accept no responsibility for offer entries not successfully completed or submitted due to a technical fault (such as a technical malfunction, computer hardware or software failure, satellite, network or server failure) of any kind.
3.2 The free hour will be added to the Recommenders account within 30 days of the participation conditions being met.
3.3 The free hour is non-transferable and can only be used by the recommender.
3.4 If there is any reason to believe that there has been a breach of these terms and conditions, we may, at our sole discretion, reserve the right to exclude parties from participating in the offer.
3.5 We reserve the right to hold void, suspend, cancel or amend the offer where it has become necessary to do so.
Law applying to Ts & Cs
These Ts & Cs are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the English courts.
