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Terms & Conditions
These Terms & Conditions apply to driving tuition, intensive driving courses, use of the tuition vehicle for a practical driving test and any other associated services supplied by Exeter Intensives.
By making a booking and/or paying a deposit or course fee, the pupil confirms that they have read, understood and agreed to these Terms & Conditions.
Eligibility & Licence Requirements
The pupil must hold a valid UK provisional or full driving licence appropriate for the tuition being undertaken and must be legally entitled to drive.
The pupil must inform Exeter Intensives immediately of any change affecting their entitlement or fitness to drive, including any driving disqualification, licence restriction, relevant endorsement, medical condition, eyesight issue or disability that may affect safe or lawful driving.
The pupil is responsible for meeting all applicable DVLA and DVSA requirements for driving tuition and driving tests.
Course Reservation
Intensive driving courses require substantial diary time to be reserved and are normally planned and scheduled approximately 4 - 12 weeks in advance.
Once course dates and times have been agreed, those periods are removed from general availability and reserved specifically for the pupil.
Payment of a deposit confirms the pupil's intention to proceed with the booking and allows Exeter Intensives to begin planning and reserving the required instructor and tuition vehicle availability.
Any deposit, cancellation charge or deduction from sums paid will be dealt with in accordance with these Terms & Conditions and applicable consumer law.
Course Fees
The course price is the agreed price for the course and services described at the time of booking.
Unless otherwise agreed in writing, the full outstanding course balance must be received no later than 14 days before the course commencement date.
Failure to make payment when due may result in the reserved course dates being released.
Online, Telephone & Distance Bookings
Where a booking is made online, by telephone or by another distance method, the pupil may have statutory cancellation rights under UK consumer law.
Where applicable, the statutory cancellation period is normally 14 days from the date the contract is concluded.
Nothing in these Terms & Conditions removes or restricts any statutory cancellation rights available to the pupil.
Early Commencement Request
Where a pupil asks Exeter Intensives to begin providing tuition or other booked services during any applicable statutory cancellation period, the pupil expressly requests that performance of the contract begins before that cancellation period has expired.
If the pupil subsequently exercises a statutory right to cancel after services have begun, Exeter Intensives may charge a proportionate amount for services properly supplied up to the date of cancellation, where permitted by law.
Where the contracted service has been fully performed during the statutory cancellation period following the pupil's express request and acknowledgement, the statutory right to cancel may be lost where permitted by law.
Cancellation Before A Course Begins
If a pupil wishes to cancel a course, they should notify Exeter Intensives as soon as reasonably possible.
Where a pupil cancels, Exeter Intensives will calculate any amount properly due or refundable having regard to the circumstances of the booking.
This may include consideration of reasonable losses directly resulting from the cancellation, costs already incurred, services already supplied and instructor/vehicle capacity specifically reserved for the pupil, together with any costs avoided or booking capacity that Exeter Intensives is reasonably able to reallocate.
Any cancellation charge or amount retained will not exceed the amount Exeter Intensives is lawfully entitled to retain.
Where Exeter Intensives is reasonably able to mitigate its loss, including by reallocating cancelled diary time to another pupil, this will be taken into account where applicable.
Cancelling Or Leaving A Course After It Has Started
If a pupil decides to stop an intensive driving course after tuition has commenced, changes to another instructor, decides they no longer require the remaining tuition or otherwise terminates the booking, this does not automatically mean that the remaining course hours are refundable at a simple hourly or pro-rata rate.
Exeter Intensives will calculate the financial position fairly, taking into account:
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tuition and other services already supplied;
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instructor and tuition vehicle time already used;
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practical test appointments and associated diary time specifically reserved for the pupil;
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reasonable losses directly resulting from the cancellation;
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reasonable costs already incurred in providing or preparing to provide the course; and
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any costs avoided or reserved capacity that Exeter Intensives is reasonably able to reallocate.
If a refund is due after these matters have been taken into account, the appropriate balance will be refunded to the pupil.
The purpose of this calculation is to compensate Exeter Intensives for legitimate losses arising from cancellation and not to impose a penalty on the pupil.
Unused Course Hours
Unused hours do not automatically represent a cash balance calculated by multiplying the number of unused
hours by a standard hourly lesson rate.
Intensive courses are sold as structured course packages for which blocks of instructor and tuition vehicle
availability are reserved.
Where a booking ends early, any refund will therefore be calculated in accordance with the cancellation
provisions contained in these Terms & Conditions rather than solely according to the number of unused tuition
hours.
This does not affect the pupil's statutory consumer rights.
Practical Driving Test Bookings
Unless expressly agreed otherwise, responsibility for booking, changing and managing the practical driving
test remains with the pupil.
If the pupil intends to use the Exeter Intensives tuition vehicle for their practical test, they must check the
proposed test date and time with Exeter Intensives before relying upon the availability of the instructor or
tuition vehicle.
Booking a practical driving test does not automatically guarantee the availability of Exeter Intensives or its
tuition vehicle.
Test Appointment & Reserved Vehicle Time
Where Exeter Intensives agrees to provide the instructor and tuition vehicle for a practical driving test, the
agreed appointment period is specifically reserved in the instructor's diary for that pupil.
The booked test appointment may include reasonable time required for pre-test tuition, travel to the test
centre, the practical test itself and associated return/travel time, as agreed with the pupil.
Once reserved, that period forms part of the services allocated to the pupil.
If the pupil subsequently cancels the test, changes instructor, chooses to use another vehicle or otherwise
decides not to use Exeter Intensives for the reserved appointment, any resulting charge or deduction will be
determined in accordance with these Terms & Conditions, applicable notice requirements and consumer law.
Test Readiness & Use Of The Tuition Vehicle
Booking or obtaining a practical driving test appointment does not guarantee use of the Exeter Intensives
tuition vehicle.
The tuition vehicle will only be provided for a practical driving test where, in the instructor's reasonable
professional judgement, the pupil has reached an appropriate standard and can use the vehicle safely.
Exeter Intensives reserves the right to refuse use of the tuition vehicle where the instructor reasonably believes
that allowing its use would present an unacceptable safety risk or the pupil's driving is materially below the
standard reasonably required for independent test driving.
Where concerns arise, the instructor will explain them to the pupil and, where practicable, recommend further
training or rearrangement of the test.
This decision will not be made arbitrarily and will be based upon the instructor's professional assessment of
the pupil's driving.
Changing Or Cancelling A Practical Test
The pupil is responsible for complying with the current DVSA rules and notice periods relating to changing or cancelling a practical driving test.
If the pupil changes or cancels a test at insufficient notice and Exeter Intensives has already reserved instructor and vehicle time for that appointment, the pupil may remain responsible for reasonable losses arising from that cancellation, subject to applicable law.
DVSA Cancellation Of A Practical Test
The DVSA controls practical driving test appointments and Exeter Intensives has no control over cancellations
made by the DVSA.
If the DVSA cancels a practical test after Exeter Intensives has reserved the instructor and tuition vehicle for
the appointment, including where the pupil and instructor have already travelled to or arrived at the test
centre, the reserved instructor/vehicle time may still be chargeable because that time has been committed to
the pupil and cannot ordinarily be recovered.
Where applicable, the pupil may be entitled to claim eligible expenses directly from the DVSA following a
short-notice DVSA cancellation.
Exeter Intensives will, where reasonably possible, provide appropriate evidence or a receipt relating to eligible
instructor/vehicle charges to assist the pupil with such a claim.
Any DVSA reimbursement is a matter between the pupil and the DVSA and remains subject to the DVSA's
eligibility requirements and rules.
Rearranged Tests Following DVSA Cancellation
Where the DVSA cancels a practical test and provides or offers a replacement appointment, the availability of
Exeter Intensives for the replacement appointment cannot be guaranteed.
A replacement appointment provided by the DVSA does not automatically reserve Exeter Intensives or the
tuition vehicle.
The pupil must contact Exeter Intensives as soon as possible to check instructor and vehicle availability for the
replacement date.
If Exeter Intensives is unavailable, the pupil may need to change the test appointment to another suitable date
or make alternative arrangements.
Exeter Intensives will not be responsible for losses resulting solely from a replacement test date allocated by
the DVSA on which Exeter Intensives is unavailable.
Attendance & Lateness
All courses start and finish at the agreed Exeter Intensives location, unless otherwise agreed in advance.
Exeter Intensives does not provide a home pick-up or drop-off service.
Pupils must arrive ready to begin tuition at the agreed time.
Where a pupil arrives late, the lesson will still finish at the originally agreed finishing time and any time lost
because of the pupil's lateness will not be recoverable or refundable.
Where a pupil fails to attend a booked lesson or course session without reasonable notice, Exeter Intensives
may charge for the reserved time to the extent that this reasonably reflects the resulting loss and is permitted
by consumer law.
Fitness to Drive
Pupils must not attend tuition or attempt to drive while under the influence of alcohol, illegal drugs or
medication that materially impairs their ability to drive safely.
Pupils must also not drive where excessive tiredness, illness or another condition makes driving unsafe.
If, in the instructor's reasonable professional judgement, the pupil is not legally or safely fit to drive, the
instructor may refuse to allow the lesson to proceed.
Where the situation has arisen through the pupil's actions or failure to disclose relevant information, the
booked session may be treated as a pupil cancellation and a reasonable charge may apply.
Safety will always take priority.
Instructor Cancellation, Illness Or Vehicle Breakdown
Exeter Intensives will make reasonable efforts to provide tuition on the agreed dates.
Occasionally a lesson or course may need to be cancelled or rearranged because of instructor illness, vehicle
breakdown, severe weather, emergencies or other circumstances genuinely beyond Exeter Intensives'
reasonable control.
Where Exeter Intensives is unable to provide booked tuition, reasonable efforts will be made to rearrange the
affected tuition.
Where Exeter Intensives cannot reasonably provide or rearrange tuition for which the pupil has paid and the
pupil is not responsible for the cancellation, an appropriate refund or other remedy will be provided in
accordance with applicable consumer law.
Exeter Intensives will not charge the pupil for tuition that Exeter Intensives has cancelled and does not
subsequently provide.
Conduct and Behaviour
Exeter Intensives operates a zero-tolerance policy towards abusive, threatening, intimidating, violent or
discriminatory behaviour, directed towards the Instructor or any other person.
Any serious or unacceptable behaviour may result in the immediate termination of tuition.
Where tuition is terminated because of serious misconduct or a serious breach of these Terms & Conditions,
any financial adjustment or refund will be calculated fairly according to the circumstances, services already
provided, reasonable resulting losses and applicable consumer law.
Where appropriate, serious incidents may be reported to the police and the DVSA.
Course Scheduling & Breaks
Intensive tuition can involve several hours of driving during a day.
Reasonable breaks may be necessary for safety, concentration, comfort and welfare.
The structure of each training day may therefore include reasonable agreed breaks appropriate to the length
and intensity of the training.
The instructor may also temporarily stop tuition where continuing to drive would, in their reasonable
professional judgement, be unsafe.
Events Outside Reasonable Control
Exeter Intensives will not be responsible for failure or delay in providing a service where this results from
circumstances genuinely outside its reasonable control.
Where such circumstances affect a booking, Exeter Intensives will act reasonably and will seek to minimise the
impact upon the pupil.
Nothing in this clause removes any refund, remedy or other statutory right that the pupil is legally entitled to
receive.
Liability & Statutory Rights
Nothing in these Terms & Conditions excludes or limits liability where it would be unlawful to do so.
Nothing in these Terms & Conditions affects the pupil's statutory rights under the Consumer Rights Act 2015
or other applicable consumer protection legislation.
Driving tuition will be provided with reasonable care and skill as required by law.
Exeter Intensives cannot guarantee that a pupil will pass a practical driving test, as the result is determined
independently by the DVSA examiner and depends upon the pupil's performance during the test.
Data Protection
Personal information will be processed in accordance with applicable UK data protection legislation and used
only for legitimate business purposes, including the provision and administration of driving tuition and related
services.
Complaints
If a pupil is unhappy with any aspect of the service, they should contact Exeter Intensives as soon as
reasonably possible so that the matter can be investigated and an opportunity provided to resolve it.
Complaints should clearly explain the issue and the outcome being requested.
Exeter Intensives will seek to deal with the complaint reasonably, fairly and promptly.
Changes to These Terms
The Terms & Conditions applicable to a pupil's booking will normally be those provided or made available when
the booking is made.
Exeter Intensives may update its Terms & Conditions for future bookings where reasonably necessary.
Changes will not be applied retrospectively to an existing booking in a way that unfairly removes rights already
acquired by the pupil.
Acceptance of Terms
By making a booking and/or paying a deposit or course fee, the pupil confirms acceptance of the Terms &
Conditions.
Governing Law
These Terms & Conditions are governed by the laws of England and Wales.
Nothing in these Terms & Conditions affects any mandatory consumer rights or legal rights regarding where
proceedings may be brought.
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