1 These terms and conditions are deemed to have been accepted by the Pupil by virtue of the Pupil making a booking in person, verbal, telephoned, faxed, e-mailed, Internet, World Wide Web, similar electronic data transfer, or written for the services of any person supplied by Momentum Driving School Limited (hereunder ‘the Agency’).
2 The Pupil is not entitled to attempt to modify or extend the terms and conditions of supply by the Agency, nor to impose his own conditions of acceptance by virtue of ‘final’ or most recent exchange of missives, save with the express itemized agreement of the Agency by means of a signed letter of acceptance from the Chief Executive or Director of the Agency.
3 The Agency acts as the agent, not the employer of the person supplied by the agency to the pupil.
4 Persons supplied by the Agency to the Pupil are not employees of the Agency, and are supplied on the understanding that where necessary they are under the direct supervision and control of the Pupil, and that the Pupil will comply with all legal obligations imposed under statute law.
5 The Agency act as Agent which organizes tests on your behalf and places bookings with Driving Instructors and/or Schools. We do not provide any driving courses or tests ourselves and undertake all our activities (other than the provision of materials) as agents.
6 We will endeavour to book a theory and/or practical test for you and to book a course for you with an Instructor in accordance with your requirements. The possible elements of your order are: 1) theory test; 2) practical driving test; 3) course materials; 4) driving course (residential or non-residential); and each element will be treated as a separate order.
7 Theory/practical driving tests – Where required we will, acting as agent on your behalf, make arrangements for your theory test and practical driving test. Your contract for the theory/practical test is between you and the Driving Standards Agency (“DSA”) and commences when your booking with them is confirmed to you.
8 Course materials – The Agency shall provide appropriate teaching materials to Driving Instructors.
9 Driving course – We will, as agent for the Driving Instructor, pass your details onto him and will contact you to arrange a course. For the avoidance of doubt, we are only responsible for taking enquiries and placing bookings with Driving Instructors. Your contract for the booking is between you and the Driving Instructor and commences when your booking with a specific Driving Instructor is confirmed to you.
10 When booking an intensive course we require you to pay a deposit of £100. If we are unable to make a booking for you this will be refunded forthwith.
11 When confirming the booking we will by email or post send to you a statement showing the amounts due in respect of the booking (the “Booking Fee”). You must pay the full amount shown in the statement (less any deposit paid) by cheque made payable to “Momentum Driving School Ltd” or by credit/debit card by the date and subject to the payment terms shown in your confirmation letter. Failure to make prompt payment may result in the loss of any deposit and/or cancellation of the booking.
12 Where a deposit is made by card, unless expressed to the contrary, you acknowledge and/or authorise for the remaining balance to be taken off automatically by the same debit/credit card details as provided 2 weeks before the date of your first lesson.
Fees (Issue < Cancellation)
13 The Principle shall pay the Agency a fee calculated on the basis of the Agency’s one off/ hourly charge rates in force at the time the supply is provided, as specified on the Agency’s rate-sheet. At least 2 (two) weeks notice of any changes in the charge rates will be provided by the Agency.
14 The Agency will render invoices on behalf of the driving instructor supplied to the Pupil on a one off basis /a weekly/monthly basis when a course is booked. The total due on the invoice should be remitted direct to the Agency. If payment has not been received in full by the due date, the Agency reserves the right to charge interest at 0.4% simple interest per week on the total shown on each weekly invoice for each week on which payment is delayed until such time as payment is received.
15 You have the right to cancel any element of your order within 7 working days of the day after you receive acceptance or confirmation of the booking of that element of your order by us or the Driving Instructor or, in the case of materials, from the day after receipt (the “Cooling off Period”). If you cancel within this Cooling off Period and your course or test is not re-arranged you will be entitled to a refund of your deposit and reimbursement of the relevant part of the Booking Fee. This right will be lost at the time your course or test commences if it is due to commence within the Cooling off Period. All cancellations of tests or orders for materials within the Cooling off Period should be notified to us in writing before the expiry of the Cooling off Period. All cancellations of driving courses once booked and within the Cooling off Period should be notified to us and the Driving Instructor in writing before the expiry of the Cooling off Period. If you cancel your order for materials you must take reasonable care of any materials already sent to you and return them to us within 7 days of your notification of cancellation, at your own cost.
16 If you attempt to cancel your driving course before the date of commencement we will do our best to arrange for your course to be re-arranged to another time more suitable to you. Please notify us and the Driving Instructor of your cancellation.
17 If you cancel your driving course and/or test booking less than fourteen days before the date of commencement or once your course has commenced, the Driving School will incur certain charges, which it will not be able to mitigate, including the driving test cost and theory test cost and any deposit paid to any other expenses incurred. You may therefore forfeit your £100 deposit and/or any additional charges incurred. This clause does not apply if you cancel within the Cooling Off period.
18 If you cancel your driving course after the date of commencement because the Driving Instructor has failed to fulfill his obligations as set out herein then you may be entitled to be repaid all or part of your money by the Driving Instructor.
19 If the Driving Instructor has cancelled the booking we will ensure that either he or we would notify you immediately. We will, in full consultation with you and the Driving Instructor, endeavour to secure a new booking for you. If we are unable to do so you will be entitled to be repaid your course fee (or part of it) by the Driving Instructor. We will do our best to liaise with the Driving Instructor to ensure that you receive your money back as quickly as possible in these circumstances. However, as agent for the Driving Instructor, we do not accept any liability for cancellation of the booking by the Driving Instructor.
20 The Driving Instructor may have to cancel the Booking or a part of it if the instructor who should have provided the Booking is or becomes unable to do so as a result of illness or bereavement and he and/or we are unable to secure another replacement instructor at short notice; or the Car intended to be used to provide the Booking is or becomes un-roadworthy or in breach of road traffic legislation and such defect cannot reasonably be rectified prior to the commencement of the Booking and an alternative vehicle is not available.
21 If the services of any person supplied by the Agency prove to be unsatisfactory to the Pupil, the Agency will endeavour to find a replacement for the remainder of the assignment, if required, but may charge the Pupil for the combined number of hours worked by the original and replacement drivers. The Agency reserves the right to refuse claims made by the Pupil after the end of the assignment with regard to the correctness of the rate at which the services of the original driver should be charged.
22 The Agency reserves the right to charge a standard cancellation fee for any lesson booked but subsequently cancelled by the Pupil with less than 24 hours notice. The Pupil may cancel a request for services at any time, subject to payment of the standard cancellation fee for each lesson notified. In the event that the Agency driver is in transit or is turned away on arrival, a cancellation fee (Standard Cancellation Fee) equal to 1 (one) hours at the prevailing rate plus any expenses will be charged.
23 The Pupil agrees that all changes in assignments, any additional bookings, and any cancellations will be advised by the Pupil directly to the Agency, and not via the person(s) supplied, otherwise the Agency reserves the right to charge the Pupil for any duties the Agency believes to have been booked, and the Agency will be entitled to assume that all the conditions above have been agreed by the Pupil and apply.
24 The Agency reserves the right to charge a minimum fee equal to 1 (one) hour at the prevailing charge rate plus expenses, irrespective of the number of hours worked by the person supplied.
25 The Agency undertakes to ensure that all courses and lessons will be provided to the following minimum standards.
– All of its driving instructors have been approved by the DSA;
– The car provided by the Driving Instructor is comprehensively insured with a reputable insurer;
– The car will be clean, presentable and in good working order and will have dual controls;
– The driving instructor will not smoke during tuition;
– Short refreshment breaks may form part of your tuition period, during longer than standard lessons
– The Driving Instructor shall be entitled to withdraw the use of the car for the purpose of the driving test if the Driving Instructor reasonably believes that your driving has failed to reach a satisfactory standard. In such circumstances you will forfeit your test fee. This is necessary to protect other road users, yourself and the car.
26 In addition to the payment obligations, You, the Pupil, undertakes that:
– You are able to satisfy the DSA driving test eyesight requirements (details of which can be supplied on request). If the Driving Instructor reasonably considers that you have not met the current eyesight requirement he or she is entitled to require you to have your eyesight checked and if appropriate ensure that it is rectified before commencing with the booking; and – You supply to the Driving Instructor and/or us at the commencement of the course both parts of your driving licence. If you fail to produce a valid driving licence the Driving Instructor cannot by law permit you to drive a car and accordingly your booking will be lost; and
– You supply to the Driving Instructor and/or us at the commencement of the course suitable photographic evidence of your identity and, where applicable, theory pass certificate. Failure to produce this may delay the commencement of the course until satisfactory evidence is produced. If you fail to supply a theory pass certificate you may not be eligible to take the driving test at the end of the course, and accordingly any test fee may be forfeit; and
– You attend your lessons on time. Failure to do so will result in your losing time and the Driving Instructor has no obligation in such circumstances to add time to the end of your lesson to make up for late arrival.
27 Except in respect of death or personal injury caused by our negligence, or as expressly provided in these terms, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence or otherwise) which arise out of or in connection with the provision of the Services or their use by you, and our entire liability under or in connection with the contract shall not exceed the amount of the Booking Fee, except as expressly provided in these terms.
28 If we are unable to book a theory and/or practical test or to arrange a course for you in accordance with your order we will reimburse your deposit (or the relevant balance of it) and shall have no further liability to you.
29 We are not responsible for the content or appropriateness of any materials provided by us in connection with your theory test or otherwise and you should refer any such complaints to the publisher or manufacturer. Risk of damage to or loss of the materials shall pass to you at the time of delivery or, if you wrongfully fail to take delivery, the time when we have tendered delivery. The property in the materials shall not pass to you until we have received payment in full in accordance with terms herein. Please examine the materials immediately on receipt. If you return the materials to us because of a defect in the quality or condition of them other than any defect arising from fair wear and tear, willful damage, negligence, misuse or alteration or repair, or otherwise, within the Cooling Off Period, we will provide you with replacement(s) or, at your request, refund that part of the Booking Fee in respect of the materials returned, in which cases we shall have no further liability to you.
30 We can make Theory/Practical driving test bookings on your behalf but cannot be held responsible for failure by the DSA to fulfill test appointments or for the cancellation or postponement of your practical driving test booking or theory test or in relation to the refunding of your test fee unless the cancellation is made by you during the Cooling Off Period.
31 Should the DSA decide to cancel or postpone any appointment, they may communicate with you and you should ensure that we and the Driving School are advised immediately of any changes.
32 Once a booking with a Driving Instructor has been made, we act as agent of the Driving Instructor only; accordingly we cannot accept any liability for any failure or delay on the part of the Driving Instructor to provide its services to you. You should direct any complaints about the booking or the course to the Driving Instructor at his contacts as notified to you.
33 All rights in Momentum Driving School Ltd. and other marks owned by the Agency are reserved.
34 The website www.momentumdrivingshool.com and its content is property of the Agency. Reproduction of any part of it, including copying, downloading, extracting prints or copies of whatsoever nature without prior written permission is prohibited. For such permission Pupils should email firstname.lastname@example.org
35 The Agency shall not be liable to the Pupil for any complete or partial failure to provide the Services to the Pupil if that failure was due to an event beyond the reasonable control of the Agency (which shall include (without limitation) any strike, lockout or other form of industrial action or trade dispute and any shortage of supply of labour).
36 The Agency will not be liable for any loss, damage, costs or expenses incurred by the Pupil as a result of any act or omission of the person(s) supplied by the Agency, nor will the Agency be liable as a result of the non-attendance of the person(s) to be supplied by the Agency, nor will the Agency be liable for any act or omission on its own part except as Statutorily provided.
37 Use of the Agent is at Pupil’s sole risk and services are provided on an “as is” basis. The Agency and/or its agents and/or representatives shall have no liability whatsoever to the Pupil for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the Pupil/User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of www.momentumdrivingschool.com or any of the Services or from the negligence of its employees or agents or licensors, and whether asserted against the Agent and/or against any third party in relation to the use of the Agency and/or the Services, other than the Agency’s statutory liability in respect of death or personal injury.
38 The Agency does not make any representation or give any warranty, either express or implied: in relation to any information and/or services offered, accessed or obtained through the Agency in relation to warrantees of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose; for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which the Agent has no control; as to the suitability of the information and data on the Agent’s site for any particular purpose; that the information and data on the Agent’s site is free of infection by computer viruses or other contamination.
39 The Agency and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any information, material or content referred to, or included on, or linked from or to the Agency’s site or services.
40 The Agency’s site and/or Services do not purport to provide marketing or other advice. The Agency is not responsible for the Pupil’s taking or refraining from taking actions on the basis of information provided by the Agency and/or Services.
41 Although every care is taken in the preparation of information supplied by the Agency and Services, the Agency is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in the Agency’s site or supplied by the Agency.
42 The Pupil indemnifies the Agency against all demands, proceedings, damages, costs and expenses arising in connection with any claim brought against the Agency by any party as a result of the supply or introduction of any person by the Agency to the Pupil.
43 These Conditions set out the entire understanding and agreement between the parties and supersede all prior agreements, arrangements or understandings between the parties in relation to the subject matter.
44 No provision of these Conditions is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
45 To the extent that any provision of these Conditions is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed not to be a part of these Conditions but it shall not affect the enforceability of the remainder of these Conditions. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
46 These Conditions shall be governed by English law and each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts.
47 Any notice required to be given under these conditions may be sent by prepaid first class post, facsimile or email to the usual address, principal place of business or registered office of the party to whom the written notice is being sent.