Bananas Driver Training
Jonathan Smith
Terms of Business
Conditions
By making a booking you are entering into a legally binding 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 at time of booking 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 at time
of booking, 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.
A12. In line with DVSA requirements the instructor will advise the customer
at least 11 working days prior to any practical test if they are permitted
to use the school vehicle for a test. The customer will be required to demonstrate
competency prior to being permitted to use a vehicle for a practical test.
If the instructor needs to take any physical or verbal intervention to maintain
safety during any lesson within the two week period prior to the test the
instructor reserves the right to withdraw consent to use the vehicle in line
with DVSA policy. Customers will be required to consistently drive to a standard
which attract no more than 2 driver faults per 40 minute period to be eligible
to use a vehicle for test this is to ensure instructors test result statistics
are in line with DVSA policy. The pupil is required to have a driving lesson
11 working days prior to a practical test to ensure the instructor has the
opportunity to advise if the test should be cancelled. Where a pupil decides
not to take a lesson 11 working days prior to the test the instructor and
school are not liable for any loss of test fee or punative action which may
be taken by the DVSA in the event of late cancellation or no show for test.
In the event of refusal to permit use of a training vehicle for test the
booking will revert to a normal lesson.
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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
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, under
certain circumstances 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 of adverse weather the course will go ahead as normal unless
the training vehicle or instructor are unable to do so. If you do not attend
the course the course will be charged in full. You are advised to take
out course cancellation insurance see B2.
In the event that you are unable to attend the course at short notice for
any reason including but not limited to: car break down, missed flight
or train, personal illness, injury or family bereavement the course will
be charged at full rate. You are advised to take out course cancellation
insurance see B2.
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. No refund will be available after a course
has been moved.
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.
B3a. Bananas Driver Training operate a zero tolerance policy to abusive behaviour
towards staff, the instructor retains the right to have the customer removed
from the training vehicle at any time should they act in a manner which makes
the instructor feel threatened, intimidated or otherwise uncomfortable through
the customers conduct verbally or physically. No refunds will be issued
in this situation. No onward transport will be provided by the company.
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, road user or street furniture. 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. We will not accept a code from the DVLA
you must produce your valid photocard licence.
The customer must produce a copy of their DVLA provisional entitlement from
the licence checker at the start of each session and is responsible for ensuring
they hold the correct entitlements before booking a course
Please ensure you have a valid photocard driving licence in your possession
before booking a course.
Please do not post your driving licence to the DVLA once you have booked
a course, if your licence does not return in time you will lose the course
fee. The DVSA will accept a licence with your old address for a practical
test but you are required to update the address after the test.
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. In the absence of a valid driving licence
the course will be terminated with loss of all fees.
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.
B10. In the event that a customer presents for any part of a training course
under the influence of drugs or alcohol the course will be terminated and
course charged in full.
B11. No refunds will be issued once a course has taken place. A course can
be considered to have take place even in the absence of the customer, where
the customer did not attend the course on the days and times which had been
agreed.
Definitions:
One day course shall mean a course which starts and finishes on the same
day. A one day course will generally consist of upto 4 hours hire of a training
vehicle. This time may be split between training, driving test and positioning
of the vehicle from one location to another. The start and end time of the
assigned course will generally be longer than the time a vehicle is accessible
to the customer, this is to facilitate rest breaks. Vehicle positioning may
take place with or without the customer being present.
Half day course shall mean a course which starts and finishes on the same
day. A half day course will generally consist of upto 2 hours hire of a training
vehicle. This time may be split between training, driving test and positioning
of the vehicle from one location to another. The start and end time
of the assigned course will generally be longer than the time a vehicle is
accessible to the customer, this is to facilitate rest breaks. Vehicle positioning
may take place with or without the customer being present.
Courses which span more than one day will be formed of "One day" or "Half
day" courses as described above.
No part of this agreement affects the statutory rights of the customer.
ADI code of conduct applies to DVSA ADI conducting category B car training
to provisional licence holders.
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:
Legal indemnity of the school/instructor with full address and telephone
number at which the instructor or there representative can be contacted.
The price and duration of lessons.
The price and conditions for use of the school car for the practical driving
test.
The terms under which cancellation by either party may take.
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.