*Please note that these Ts&Cs do not apply to intensive courses which are governed by separate Ts&Cs available <<here>>*
There’s no escaping it, these Ts&Cs are a legal document….
We know this sort of thing doesn’t make the greatest bedtime reading, so, in order to assist you understanding things, we have provided “In English” summaries of important terms.
They appear in italics and in green at the end of each section.
Whilst these are designed to aid your understanding, such summaries do not constitute operative parts of this contract and accordingly, do not create legally binding obligations. They are designed solely to improve the readers comprehension of the legally operative parts of the contract.
1. Interpretation and application
1.1.In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means Ability Driving Academy Limited trading as acclaim driving school and acclaimdriving.com.
1.2.Ability Driving Academy Limited is incorporate and registered in England and Wales with company number 2174176 whose registered office address is at 15-17 Leicester Road, Narborough, Leicester LE19 2HL.
1.3.“You” or “Your” means you the customer.
1.4.You must read these Conditions in full as they set out the complete terms upon which We have agreed to provide and You have agreed to obtain driving lesson tuition from Us.
1.5.We and Your Driving Instructor reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions.
In English: We use these terms throughout this Agreement. They are the important things we have to refer back to a lot. You can easily spot a defined term as it will start with Capital Letter. This helps keeps things a bit shorter. We explain who we are and who you are. We reserve the right to charge for lessons if you don’t comply with these terms (for example if you didn’t turn up).
2. Driving Lesson Tuition with Acclaim Driving School
2.1.Acclaim Driving School offer driving lesson tuition with an Acclaim Driving Instructor (“Your Driving Instructor”).
In English: We’re a driving school and we give driving lessons (we’re good at it)
3. Your Driving Instructor
3.1.Your Driving Instructor is one of Our self-employed licensees whose relationship with Us is governed by a licence agreement. No contractual liability shall arise or subsist between You and Us. We will endeavour to assist You with Your requirements. All of Our Driving Instructors are licenced to carry on business as driving instructors and have obtained such licences from the Driving Standards Agency, which is an executive agency of the Department for Transport.
In English: Our driving instructors are (awesome) self-employed guys and girls who operate using our brand. Because they are self-employed, your relationship is with them, not us directly (we built the driving school and the brand but they give the lessons). If you have a problem, its best to try and sort it with the instructor first but we’ll endeavour to help solve it if that doesn’t work. We make sure all of the instructors are licensed and accordingly give top quality driving instruction to the highest standards.
4. Lesson Tuition
4.1.Lesson Tuition is only available to persons who meet the following criteria:
4.1.1.Aged 17 or over (or aged 16 if in receipt of the higher rate element of the disability living allowance); and
4.1.2.Who hold a valid UK provisional driving licence (“Licence”); and
4.1.3.Who are legally entitled to drive in the UK (this includes making sure you meet the minimum legal requirements – checking this is the learners responsibility at all times).
4.2.1.It is Your responsibility to ensure that You have the appropriate Licence and the Licence must be presented to Your Driving Instructor prior to the commencement of Your tuition.
4.2.2.Your Instructor reserves the right to refuse to provide You with lesson tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence prior to Your first lesson.
4.2.3.Your lesson tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, time, pick-up location and duration of Your lessons.
4.2.4.You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly with regard to matters affecting Your health and safety or the health and safety of others.
4.3Your Driving Instructor’s responsibility.
4.3.1.Provide You with lesson tuition at the hourly rate communicated to You from time to time;
4.3.2.Recommend what are, in their opinion, the most appropriate training methods and aids to help You study for Your theory and hazard perception test;
4.3.3.Design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical test;
4.3.4.Provide You with lessons which will last one hour or such other duration as You and Your Instructor will agree in advance;
4.3.5.Provide a presentable, modern, properly maintained and dual controlled car for each lesson;
4.3.6.Recommend, where appropriate, advanced courses to help You develop Your skills for; motorway driving, driving in extreme weather conditions and Pass Plus;
4.3.7.Give You relevant feedback during Your lesson and record Your development in Your acclaim “On the Move” training record at the end of each lesson if you provide it to them and ask them to fill it in for you (it’s your responsibility o remember to do this) ;
4.3.8.Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to book Your mock practical test and once it has been agreed between you both, apply for Your practical driving test and where required, they will advise whether it should be subsequently rescheduled;
4.3.9.Provide training on a one-to-one basis with no other learner in the car;
4.3.10.Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of Your lesson.
4.3.11.At all times conduct themselves in a professional manner including;
i.being courteous and considerate to You
ii.avoiding physical contact except in an emergency
iii.not smoking during Your lessons
iv.restricting mobile phone use to emergencies or for Your benefit;
4.3.12.Reserve the right to cancel a lesson or finish a lesson early on grounds of road safety
4.3.13.Not discriminate against You and will always abide by the law;
4.3.14.Endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any circumstances beyond their control;
4.3.15.Endeavour to give You two working days notice (excluding Bank Holidays) should a lesson need to be rescheduled;
4.3.16.Respond professionally to any worries or issues that You may have and try to resolve them to Your satisfaction. If requested, they will give You the name of the Area Director to whom You can refer the matter.
4.3.17.If Your Driving Instructor is for whatever reason unable to comply with their obligations to You, both We and Your Driving Instructor reserve the right to arrange for an alternative Acclaim Driving Instructor to provide You with some or all of Your driving tuition. We will use Our best endeavours to notify You or the alternative instructor who will provide You with Your lesson tuition. If We or Your Instructor are unable to arrange for an alternative Instructor to provide Your lesson tuition, or in the event of a mechanical breakdown of the vehicle in which You have been learning to drive, or for any other reason, the Instructor reserves the right to rearrange Your lessons for a time convenient to both You and the Instructor.
In English: This sets out sets out some ground rules. Obviously you need to be at least 17, have a provisional license and meet the legal eyesight requirements in order to learn to drive. Your responsibilities and your driving instructors’ responsibilities are also set out. They’re pretty straightforward and fair rules.
5. Lesson Cancellation Policy
5.1.You must give Us or Your Instructor at least two working days notice (excluding Saturdays, Sundays and Bank Holidays) (the “Minimum Notice”) if You wish to cancel or rearrange a driving lesson, otherwise You will be liable to pay for 100% of the lesson fee.
5.2.Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice to cancel or rearrange the lesson, it will be counted as a lesson taken for the purposes of the lesson cancellation policy and You will be liable for the lesson fee.
5.3.You will not be able to sell or transfer any driving lessons which You have pre-paid for to any third party, without obtaining Our prior written consent.
In English: We need 2 days notice if you are going to cancel a lesson. Our instructors rely upon you turning up for a lesson you’ve committed to. It’s how they earn a living. 2 days is the minimum period within which we have a realistic chance of finding them a different pupil to fill a lesson. Any shorter than that and they may miss out. Because of this, we charge for a cancelled lesson if you give us less than 2 days notice to cancel it. We hope you agree that’s fair.
6.1.Your Instructor will carry the appropriate motor insurance and be able to provide such documentation, should You be involved in an accident, whilst under the supervision of Your Instructor.
In English: All of our instructors are insured to give driving lessons.
7. Price Changes
7.1.We reserve the right to change the price of all Our learner driver products including all Lessons, at any time.
In English: We may need to change our prices. This is because things can get more expensive. Petrol or diesel goes up etc. We try not to do this too often but have to let you know it might happen.
8. Non-Block Booked Tuition
8.1.The price of lessons that have not been pre-paid may be changed at any time. You will receive prior notice of any price increases.
In English: We can change the price of lessons if they’ve not been pre-paid for the above reasons. We try not to do this and will always give you advance notice. If you want a guaranteed price, block book your lessons (see below)
9. Block Booked Tuition
9.1.The cost of Block Booked tuition is based on the lesson price in force at the time that the booking is made and will be honoured for a period of 9 months from the date of the booking. We reserve the right to increase the price of any unused tuition time.
In English: If you block book lessons, you fix the price for 9 months. We have to set realistic limits on the length of time you can lock in a price to stop your Gran booking your driving lessons 17 years in advance…. 9 months seemed fair.
10. Special Offers
10.1.We also reserve the right to introduce (and to withdraw) offers from time to time in respect of both Our driving tuition together with any other products that We may decide.
10.2.Such offers will not affect the price of Block Bookings unless it is expressly stated within the offer.
10.3.These terms and conditions shall apply to the special offers, in each of the particular ‘terms of the offer’, which shall be published on the Website www.acclaimdriving.com
In English: We make offers from time to time. We may have to withdraw them. However, they’re often replaced. If you want to take up an offer, the best advice is to act quickly to make sure you bag it!
11.1.You must pay for Your product(s), good(s) or lesson(s) in advance using the following methods:
11.1.1.payment via credit or debit card by telephoning Our Customer Service Contact Centre on 0116 286 5577.
11.1.2.payment via credit or debit card online at www.acclaimdriving.com
11.1.3.payment via cheque made payable to Your Instructor’s agent, “acclaim driving school” (“Agent”).
11.1.4.You can send cheques to one of the following addresses or give them to Your Instructor,
i.For England & Wales tuition: 15-17 Leicester Road, Narborough, Leicester LE19 2HL
ii.For Northern Ireland tuition: Nick to complete
In English: These are the ways you can pay us for your lessons and other things from us. We take most normal methods of payments (we draw the line at magic beans and IOUs though).
12.1.Where You make any payments directly to Your Instructor or any of Our Instructors and the Instructor fails to pass on such payments to Us, neither We nor the Agent will be liable for any shortfalls in such payments or any missing payments or any other failure on the part of the Instructors to forward such payments on to the Agents or Us and You acknowledge that You will at all times be liable for any payments that remain outstanding to Us.
12.2.Further, You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation to all payments You make to Your Instructor or any of Our Instructors. Where We are able to, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same. Subject to You having sufficient funds, all online payments that You make will be shown on Your acclaim account within 24 hours of being made. Payments made using other methods, may take longer to be credited into Your acclaim account.
12.3.We do not accept responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected, tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.
In English: This is an important bit – if you pay your instructor directly and they don’t tell us, it can create problems and confusion. If they’ve forgotten to hand money over, spent it on chocolate bars or petrol and forgotten about it, we’ll have no record on our system. The best (and only) way to avoid this is to make sure you pay us directly. If you pay us directly, we’ll know about it and there will be no confusion. We can’t be held liable in the event there is a dispute and you did not follow these rules. Pay us directly and there will be no problem.
13. Refund Policy
13.1.1.In the event that You made a purchase from us without face to face contact (e.g. over the phone or on our website before you undertook any lessons) you are entitled to the protection provided by The Consumer Contract Regulations 2013. Accordingly, you are entitled to cancel a purchase within 14 calendar days of receiving any goods (if applicable) or within 14 calendar days of receiving durable confirmation comprising the following information:
· our business name and, if we require payment in advance, our postal address;
· a description of the goods or services and, if we are supplying them on a continuing basis, the minimum term;
· the price (including taxes) and how long the price and any special offer will remain valid;
· details of any delivery costs;
· how payment can be made;
· the arrangements for delivery of goods or performance of the service;
· information about cancellation rights;
· details as to whether we will supply a substitute if the goods or services are not available (and, if so, in the case of goods confirmation that we will meet the cost of returning unwanted substitutes);
· if the sale is of digital content, additional information about, for example, its functionality and compatibility;
· how You can exercise Your cancellation rights, including whether the contract requires You to return unwanted goods if they cancel, and who will pay the costs of returning those goods;
· any guarantees or after-sales service provided;
· Our geographical address for You to contact Us with any complaints;
· for contracts lasting more than one year (or indefinitely), under what conditions the contract can be cancelled (if applicable).
All of this information is provided upon making an order through our website or over the phone. If You have not taken any lesson(s) within the first 14 days of the date of placing your order / receipt of the above stated durable confirmation, You will be entitled to a full refund of any amounts paid, subject to deduction of the Refund Charge (clause 13.1.4)
13.1.2.If You have taken lesson(s) within the first 14 days, and You wish to cancel You will not be eligible for a refund on any lessons taken.
13.1.3.No refund is payable where a period of 12 months has lapsed since Your last lesson.
13.1.4.If You are entitled to any refund, You will be required to pay an administration charge of £30 to process the refund (the “Refund Charge”). The Refund Charge will be deducted from each refund that is paid back to You.
13.1.5.Where it is possible to do so, and We agree to refund You any amounts, We will do so using the same method You used when You made the payment. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund You by any other method We deem appropriate.
13.1.6.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.
13.1.7.Refunds may take up to 28 working days to reach You or Your account.
13.2.Learner Driver Products
13.2.1.If any of the goods You receive are damaged or faulty on receipt, You must inform Us within 48 hours of receipt and where it is possible, We will provide You with replacements of any goods which are faulty or damaged. If We are unable to replace such goods, We will notify You and You may be entitled to a refund.
13.2.2.You will not be eligible for any refund or replacement of the goods if:
a.Any goods that You return to us are in Our opinion used, damaged or not within their original packaging; or
b.You decide You no longer want the goods and do not return them with 10 days of Your purchase; or
c.You fail to inform Us of any faulty or damaged goods within 48 hours of receiving them.
d.Postage and Packaging (P&P) is non-refundable in all cases.
In English: This clause sets out your rights to cancel a contract if you didn’t meet with us face to face when you first made it. It applies to ordering goods (e.g. books or guides) and services (e.g. driving lessons) over the phone or internet. It doesn’t apply to any contracts made face to face for example if you book a further lesson at the end of a lesson face to face with your instructor, or if you pop into the office to book a lesson.
14. Limitation of Liability
14.1.Neither the Agent nor We have, or shall have any liability to You in relation to any injury, loss or damage arising from the use of the tuition vehicle or from the acts or omissions of Your Instructor or any other one of Our Instructors.
14.2.We will not in any event be liable for any losses relating to any business interests that You may have including but not limited to loss of profits, business, loss of opportunity or any business interruptions or delays that You may incur. This does not apply to any claim You may have for personal injury or death and nothing in these Conditions will affect Your statutory rights.
14.3.We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third party industrial disputes, internal industrial disputes where We have taken reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe weather conditions We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary.
14.4.Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than 30 days’ notice in writing to Our address below.
14.5.Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect..
14.6.Informing You about Products and Services. If You decide You do not wish to receive such information, please inform Us, but be aware that this will prevent You from receiving Our special offers and/or promotions.
14.7. We do not control the DVSA / Test Centres and our instructors are self employed. Accordingly, we cannot be held responsible for any loss or perceived loss in the event of a cancelled test.
In English: Like all businesses in this day and age, we have to set out some boundaries for things we cannot be held responsible for. This clause just sets out what liabilities we accept and don’t accept. We have been trading since 1986 and wouldn’t have lasted this long if we didn’t take things seriously. We provide great driving tuition and comply with the law, you can be assured of that. We simply cannot guarantee things such as the weather, your examiner not being ill on the day of your test etc. We’re fair and trust you will be too.
15. Data Protection
15.1.For the purposes of the Data Protection Act 1998 and the General Data Protection Regulation 2018, the data controller in relation to the information You supply is Ability Driving Academy Limited, (Company No: 2174176), 15-17 Leicester Road, Narborough, Leicester LE19 2HL.
15.2.We may use the information You provide for administration, marketing, customer services and profiling Your purchasing preferences. We may also disclose Your information to Our service providers and agents for these purposes. If You do not want Us to contact any third parties with this information, You must notify Us of Your objection within 24 hours of accepting these Conditions. When You give Us information about another person, You confirm that they have authorised You to act for them, to consent to the processing and use of their personal data in the manner described in this notice and to receive on their behalf any data protection notice.
15.3.You have the right to ask for a copy of Your information (for which We will charge a reasonable fee to cover Our administration costs) and to correct any inaccuracies contained therein.
15.4.We will always handle your data in accordance with the Data Protection Act 1998 and the General Data Protection Regulation 2018 and our data protection policy is available upon request.
In English: We treat your data seriously. It’s personal to you and we will only use in order to deliver a top-quality driving tuition service to you. We operate within the confines of the law and to a policy you can ask to see.
16. Complaints Procedure
16.1.If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact Head Office.
16.2.Where a customer advisor is unable to resolve Your complaint, You will be entitled to escalate the matter to Our Customer Care Department by writing to Customer Care at the address below.
16.3.The Customer Care team will use reasonable endeavours to respond to your written query within 10 working days. Email them at firstname.lastname@example.org
16.4.We may record telephone calls for staff training and evidential purposes.
16.5.You can send this to one of the following addresses:
i.For England & Wales tuition: 15-17 Leicester Road, Narborough, Leicester LE19 2HL
ii.For Northern Ireland tuition: Belfast City Office, NICK TO CONFIRM ADDRESS
In English: We strive to be the best and to avoid any complaints, However, on occasion things can go wrong. This sets out how, if you are not happy with something, you let us know so we can make it right if that’s the right thing to do. We’re honest and we are fair.