Bananas Driver Training
Jonathan Smith ADI

Terms of Business

Conditions

By making a booking you are entering a contract with the business and are accepting the terms and conditions, all businesses operate under some form of terms and conditions and it is not a valid excuse to claim that you were not advised of the terms and conditions, it is your responsibility to ask to see the terms and conditions at the time of booking if you have not already been given them. You will find links to our terms and conditions on our email footers, text booking messages, invoices and website pages.


Terms of business are grouped into two categories.

A. Standard driver training category B car.  (excluding fleet training)

B. Vocational driver training courses category B+E, C C1 CE C1E, D D1 DE D1E including fleet assessments in all categories


A. Standard driver training category B car.  (excluding fleet training)


A1. The instructor shall make their services as an instructor available to the pupil for the sole purpose of giving the pupil driving tuition at the rate per lesson from time to time agreed.

A2. The instructor shall have the right to substitute another suitable instructor for the purposes of giving all or any of the lessons if the instructor is not available for any reason whatsoever.

A3. In the event that the instructor is unable to substitute another instructor for a specific appointment, or in the event of mechanical breakdown or other cause, the instructor reserves the right to rearrange the lesson to a time convenient to both parties.

A4. The instructor will carry motor insurance covering the pupil whilst driving the tuition vehicle* when accompanied by an instructor or a DVSA examiner.

* Where the client provides the vehicle, the client is responsible for providing adequate insurance cover for third party liability, training and test purposes.

A5. The lesson shall be paid at the time of lesson being booked.

A6. If the pupil fails to give the instructor a minimum of 48 hours notice cancelling any lessons, the pupil shall be liable for the lesson fee in respect of such lesson. All lessons must be paid in full at time of booking at least one lesson in advance. Where a pupil fails to show up for a lesson which was not prepaid, the instructor reserves the right to take legal action to recover losses.

A7. The pupil agrees that they are duly licensed to drive the tuition vehicle. The pupil must inform the instructor immediately should their entitlement to drive change. The pupil must produce a valid photocard driving licence before being permitted to drive the tuition vehicle. The DVSA require that the photocard driving licence be presented at the start of each test, no other form of ID is acceptable. Failure to present the licence will result in loss of test fee and loss of course fees.

A8. All driving test car hire fees must be paid 2 weeks in advance to reserve the car. In the event of a test being cancelled by the DVSA the pupil must claim compensation for any loss directly from the DVSA and pay the instructor directly for use of the vehicle for any other test that is booked. 

A8a. Force majeure, in the event of a driving test being terminated when an extraordinary event or circumstance beyond the control of the instructor such as blown light bulb, flat tyre, mechanical breakdown. Where reasonable steps have been taken to avoid such an occurrence and the vehicle was proven to be in good working order prior to the test.


A9. Block bookings, payment shall be made in advance of the first lesson in a block, no refund can be claimed if the client decides not to take all of the lessons paid for.

A10.  Intensive courses are lessons booked with more than 2 hours of training within one 7 day period, payment shall be made in full in advance of the first lesson, 30 days notice is required if you wish to cancel or change a course, no refund shall be given from the 30 day cut off date.

A10a. Any funds paid to the company or an individual instructor for training services or tests must be used within 6 months of date of payment, any funds unused after 6 months will no longer be available to the customer. No refunds will be issued or services provided after the 6 months cut off date.

A11. Discount cards have no monetary value and will only be accepted at the discretion of the instructor.

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B. Vocational driver training courses category B+E, C C1 CE C1E, D D1 DE D1E including fleet assessments in all categories

B1. Vocational Courses: Category B+E C1 C1+E D1 D1+E C C+E D D+E training and test shall be paid in full at time of booking, 90 days notice is required to cancel or change an appointment, in the event of a test being cancelled or postponed due to examiner requirements or due to weather another date will be issued.  Where a test is cancelled at short notice by the DVSA the candidate will be required to pay for any additional training or vehicle hire required to cover the new test issued by the DVSA, the candidate can claim back this payment directly from the DVSA by completing the appropriate DVSA compensation form.  Bananas Driver Training are unable to recover these costs directly from the DVSA.

In the event that the company needs to change or cancel a course at short notice another date will automatically be assigned at no additional cost to the customer, if the assigned date is not suitable then another suitable date will be agreed.

Courses cancelled with less than 90 days notice will be charged at full rate.  It is not possible to postpone a course but a course date can be moved to another available date given a minimum of 30 days notice. This facility is available once per booking.

B2. Bananas Driver Training recommend taking out Course Cancellation Insurance to cover the course and test fee should you be unable to attend the course with less than 90 days notice. We are unable to offer this insurance.

B3. The instructor retains the right to refuse or withdraw the use of a training vehicle for practical driving tests in the interest of public safety. If a customer shows up late for a course then the course may not proceed if the instructor deems that there is not sufficient time to complete the course before the test that has been assigned. No refunds will be issued in this situation.

B4. The customer is responsible for any damage to wheels, tyres, mirrors or bodywork caused due to the negligence of the customer. The customer is expected to take reasonable care to avoid contact with kerbs, debris on the road, large pot holes including those covered by water, parked vehicles and street furniture.  The company reserves the right to charge for damage to wheels, tyres and mirrors at cost price and expects the customer to pay the insurance excess in the event of a fault claim following a road traffic collision with another vehicle or road user. The
customer is required to carry out their legal obligations following a collision including exchanging details with other road users and reporting collisions to the police within the required time scale.

B5. The company reserves the right to charge a £100 administration fee to process letters relating to fines and notices of intended prosecution for periods where the
customer was in charge of the vehicle. It is the customer responsibility to ensure they comply with all traffic laws whilst in charge of the vehicle.

B6. Wilful mechanical damage to vehicles, the company reserves the right to charge at cost price for recovery of vehicle to a repair facility and repairs to vehicles caused by wilful mechanical damage to vehicles.
Examples of such damage: resting foot on clutch pedal whilst driving, abuse of clutch leading to burning clutch and clutch failure, driving a vehicle when a red warning light is illuminated, deliberately driving on a flat tyre other than moving a vehicle to a place of safety within the expectations of a prudent driver. ie driving onto a hard shoulder or driving beyond a dangerous location such as a bend or junction.

B7. The
customer is required to present a valid photo card driving licence at the start of the course, failure to present a valid photo card driving licence will prevent the course proceeding, courses will be charged in full. No other form of ID is acceptable.

B8. The customer is required to present a valid photo card driving licence at the start of the driving test, failure to present a valid photo card driving licence will prevent the test  proceeding, test will be charged in full. No other form of ID is acceptable.

B9. Any funds paid to the company or an individual instructor for training services or tests must be used within 6 months of date of payment, any funds unused after 6 months will no longer be available to the customer. No refunds will be issued or services provided after the 6 months cut off date.


No part of this agreement affects the statutory rights of the customer.

ADI  code of conduct

Personal Conduct

The instructor will at all times behave in a professional manner towards clients. Clients will be treated with respect and consideration. The instructor will try to avoid physical contact with the client except in an emergency or in the normal course of greeting. Whilst reserving the right to decide against giving tuition, the instructor will not act in any way which contravenes legislation on discrimination.

Business dealings

The instructor will safeguard and account for any monies paid in advance by the client in respect of driving lessons, test fees or for any other purpose and will make the details available on request. The instructor should provide clients with a written copy of there terms of business to include:



Procedure for complaints.

The instructor should check a client's entitlement to drive the vehicle and there ability to read a number plate at the statutory distance on the first lesson. When presenting a client for the practical driving test the instructor should check that the client has all the necessary documentation to enable them to take the test and that the vehicle is roadworthy. Instructors will advise clients when to apply for the theory and practical driving tests, taking into account local waiting times and forecast of the clients' potential for achieving the driving test pass standard. The instructor will not cancel or rearrange the driving test without the clients agreement. In the event of the instructors decision to withhold the use of the school car for the driving test , sufficient notice should be given to the client to avoid the loss of the DVSA test fee. The instructor should at all times, to the best of his/her ability, endeavour to teach the client the correct driving skills according to DVSA's recommended syllabus.

Advertising
Advertising of driving tuition shall be honest; claims made shall be capable of verification and comply with the codes of practice set down by the advertising standards authority . Advertising that refers to clients pass rates should not be open to misinterpretation and the basis for which the calculation is made should be made clear.