Terms & Conditions of Business

Your Trainer

Your Trainer is a self employed  franchisee (“Your Trainer”) of South West Advanced Driver Training

Lessons

The contract for driving tuition is solely between You and Your Trainer. You and Your Trainer are responsible for agreeing all matters relating to the timing, location and duration of individual sessions.

You must notify Your Trainer of any matters which affect your ability or entitlement to have driver Training, for example, but not limited to, any lack, or loss, of a valid provisional driving licence or correct entitlement.

South West Advanced Driver Training acts as an agent for Your Trainer in Your payments for driver training other than payments made directly by You to Your Trainer.  Where South West Advanced Driver Training makes bookings with, or supplies any information or documentation to you, or processes any payments for Your sessions, they act as an agent of Your Trainer.

Cancellations

All payments for the provision of driver training are non-refundable. You may move a booked lesson as long as it is more than 48 hours in advance of any scheduled lesson. This must be done between you and Your Trainer.

Payment and Lesson Bookings

You must pay for Driver Training in advance by using one of the following methods:

• Payment by card through our website

• Payment by Cash or Bank Transfer.

Payments made are non refundable. Any refund given is at the absolute discretion of Your Trainer and is over and above these terms and conditions of business.

South West Advanced Driver Training has no responsibility or liability to You for payments made by other means and further if You do pay Your Trainer directly by cash or cheque, You should obtain a receipt. South West Advanced Driver Training accepts no responsibility for payments made directly to Trainers or as otherwise stated in these terms and conditions. Where payment is made for lessons in bulk, you must have used any pre-paid lessons within 12 months of the purchase date. Pre-paid lessons that are older than 12 months old may be given at the discretion of Your Trainer but we stress that this is discretionary.

Any credit given to you is done at the discretion of your Trainer and should any outstanding balance not be paid by the date agreed then your Trainer has the right to charge a fee of £5 per day for every day payment is overdue.

Price Changes

The price of sessions which have not been pre-paid as part of a block booking may be changed at any time. You will always receive prior notice of such changes.

The cost of pre-paid training is based on the lesson price in force at the time of booking and 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 sessions remaining after 12 months have elapsed shall have any lesson price increase applied.

Transferability of Lessons

You cannot sell or transfer lessons which have been purchased in Your name to any other person without the consent of Your Trainer.

Fraud Prevention

Your sessions are only valid if they are purchased through South West Advanced Driver Training or in accordance with the Payments and Lesson Bookings section set out above. In the event that some or all of Your sessions were not purchased in accordance with the foregoing terms, South West Advanced Driver Training reserve the right to suspend these lessons on Your account, with immediate effect. An investigation will then be conducted by South West Advanced Driver Training 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 South West Advanced Driver Training shall have no liability in these circumstances.

Liability

Your Trainer and South West Advanced Driver Training 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;

• Such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body

Your Trainer and South West Advanced Driver Training shall not in any event, be liable for losses relating to any business interests You may have including, without limitation, lost profits, loss of opportunity or business or business interruption.

You are reminded that that South West Advanced Driver Training is not a party to the contract for driver training itself, which is between You and Your Trainer. This does not affect any liability that South West Advanced Driver Training may have for any loss of 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 to you by it or them to You.

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

Defamation of the Business

Where South West Advanced Driver Training has operated within the terms and conditions of business, we will not accept and defamatory comments made either verbally, physically or through any social media platform. Defamatory comments will be defended vigorously by our insurance company and Richard's SOM Devon/South West Advanced Driver Training will seek to claim any compensation for any damages caused by defamatory remarks.

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.