Birdies Driving School – Pupil Terms and Conditions
Your instructor and Birdies Driving School:
Your instructor is a self-employed franchisee (‘your instructor’) of Birdies Driving School (BDS, ‘we’, ‘us’, ‘our’).
Birdies Driving School acts as agent for your instructor in receiving your payments for driving tuition other than payments made directly by you to your instructor. Where Birdies Driving School 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 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.
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 24 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 24 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.
In the event of mechanical breakdown or other difficulty outside the control of the instructor, the instructor reserves the right to rearrange or cancel lessons at short notice.
No responsibility can be taken for tests cancelled due to mechanical breakdown or other difficulty outside the control of the instructor.
No responsibility can be taken for tests cancelled by the DVSA for whatever reason.
Lessons will have to be paid for but can be claimed back from the DVSA.
Our instructors cannot be responsible if you fail because of the eyesight test.
Booking Your Test:
Driving Tests may only be arranged with the prior agreement of both the instructor and the Pupil.
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 instructor 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 Birdies Driving School, their Instructors or DVSA.
Online Theory practice:
Birdies Driving School will give pupils who train with our instructors, full access to practice their theory using the DVSA program this includes:
● Theory questions, mock tests and Highway Code
● Hazard Perception
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.
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 Birdies Driving School, 16 Rumburgh Road, Lowestoft, Suffolk NR32 4JL.
By providing us with your personal data and contact details, you consent to the use of that data and to your being contacted by Birdies 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.
Payments and lesson bookings:
You must pay for any tuition before the start of the lesson by using one of the following methods:
● Cash direct to your instructor
● Bank transfer direct to your instructor
Birdies Driving School accepts no responsibility for any payments made directly to instructors.
● have no cash value and must be redeemed against tuition only.
● 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 proof of purchase may be required
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 relocation 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:
Birdies Driving School presents a great range of offers and discounts to new and existing learner pupils on learning to drive and other related products. Birdies Driving School reserves the right to introduce, amend and withdraw any 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 Birdies Driving School Limited, excluding any booking fees 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, including 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/she would be in receipt of the complete booking payment (as per Payment and Lesson bookings above)
● Any lessons taken prior to cancellation will be charged at the standard hourly rate and therefore deducted from any refund.
● 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;
● 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 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 to any other person, which have been purchased in your name.
Your lessons are only valid if they are purchased through the channels outlined in the ‘Payments and lesson bookings’ section set out above.
Limitation of liability:
Your instructor and/or Birdies 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 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 Birdies Driving School 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 Birdies Driving School 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.
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.
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.
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, you may contact the Driver and Vehicle Standards Agency on 0300 200 1122 who may be able to help you further