East London Driving Academy (ELDA)

 

Terms and Conditions

 

The following terms and conditions represent the basis upon which training is offered by East London Driving Academy(hereafter “ ELDA”, the “Instructor” or “we” interchangeably) to new and current learners (hereafter “you” or the “pupil” interchangeably).

 

1.DRIVING LICENSES AND FITNESS TO DRIVE

You must hold a current, valid driving license, provisional, full or international, and produce it on (or in advance of) your first training session. You must be fit to drive with regard to legal and medical requirements. You must be able to read the standard UK number plate (52cm x 11cm) from the distance of twenty (20) meters, you will be required to do an eye test before your initial lesson commences. You will need to bring any glasses you may be wearing on a regular basis. Please inform the Instructor of any health issues before your lessons.

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2.PAYMENTS AND CANCELLATIONS

2.1 Tuition fees are payable in advance and will usually be required one (1) week in advance of the lesson which is being paid for. In any event, the payment for the next lesson will be required on the day the booking is made. Payment can be made by cash or bank transfer (no cheques or cards are accepted at this point).

 

2.2 If either you need to cancel or re-arrange a lesson, at least forty-eight (48) hours’ notice will be required for any lessons up to one and a half (1.5) hours in duration. Longer lessons will need four (4) days’ notice of intention to cancel or re-arrange. Failure to abide by these provisions will result in a valid claim for an equivalent value in compensation being made by the Instructor; generally, the compensation will amount to the value of the lesson(s) in hand. For the avoidance of doubt, if insufficient cancellation notice is given for a two (2) hour lesson, the compensation will amount to the charge for those two (2) hours. For a longer lesson, the compensation will correspond to the number of hours the lesson was booked for).

 

2.3 A full refund for pre-booked block lessons will only be issued if zero (0) hours have been used out of the block lessons booked. If this is the case and in order to receive such refund you should contact us in writing within thirty (30) days of the purchase date. Failing this, the refund will be at the Instructor’s discretion.

 

2.4 All pre-paid block booking offers are valid for six (6) months from the date of purchase. If you are having issues starting your first lesson within the six (6) month timeframe, please notify us by email immediately (to info@eastlondondrivingacademy.com) as we may be able to help.

 

2.5 If you book a block of lessons (of a minimum of 5 hours) and are unable to continue with them, we can issue you with a credit note for the value of your remaining lessons, which can be used within six (6) months of the date of the credit note. Once again, all block bookings are non-refundable unless zero (0) hours are used.

 

2.6 If you book an intensive course with your ELDA and you then choose to cancel before commencing lessons, you will lose fifty percent (50%) of the course payment unless a minimum of two (2) weeks’ written notice is given. Your Instructor would have booked your lessons out in their diary and committed to you, especially given that an intensive course requires a lot of planning. If you have already commenced an intensive course and you choose to cancel, you will forfeit any remaining hours you have paid for.

 

2.7 Subject to the above, any refunds / cancellations / credit notes are otherwise issued at the Instructor’s discretion. The Instructor will speak to you about the reasons and will determine whether these are genuine and will decide accordingly.

 

2.8 The Instructor reserves the right to cancel a lesson at short notice if it is suspected that the pupil maybe under the influence of alcohol, drugs (prescribed or otherwise) or any other condition that would cause the pupil’s driving to be dangerous or illegal. In these circumstances the lesson fee will be due and payable. 

 

2.9 No liability shall result from delay in performance or non-performance, in whole or in part, by the Instructor of his obligations hereunder to the extent that such delay or non-performance is caused by an event of Force Majeure. “Force Majeure” means an event that is beyond the non-performing party’s reasonable control, including acts of God, strikes, lock-outs or other industrial/labour disputes, war, riot, civil commotion, terrorist act, malicious damage, epidemics, acts of government, quarantines, fire, flood, storm or natural disaster. The Instructor shall, as soon as reasonably practicable following the occurrence of the Force Majeure event, give written notice to the pupil (by email, text, WhatsApp or other communication method previously used with the pupil) stating the nature of the Force Majeure event, its anticipated approximate duration (if known) and, where possible, any action being taken by the Instructor to minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the Instructor shall use best endeavours (without being obligated to incur any material expenditure) to remedy his inability to perform, provided, however, that if the suspension of performance continues for sixty (60) days following the date on which the Force Majeure event is notified to the pupil, the Instructor will provide the pupil with a credit note for the outstanding value of the lessons validly paid for as of that date, to be used over the twelve (12) months following the date of the credit note (the “Force Majeure Credit Note Term”). If, due to the ongoing nature of the Force Majeure event, it has not been possible for the Instructor to provide you with the outstanding lessons prior to the end of the Force Majeure Credit Note Term, the Instructor will discuss with you, in good faith, any amendments to these Terms and Conditions to reach a mutually satisfactory outcome.

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3.SPECIAL OFFERS AND VALIDITY​

3.1 All rates are subject to availability and ELDA reserves the right to cancel the above rates at any time.

 

3.2 All above discounts are for normal rates (PAYG rates), and cannot be combined with any other discount or offer.

 

3.3 All block booking must be fully paid for, no part payments are accepted. All offers must be booked in a minimum of one and a half (1.5) hour blocks. Block bookings cannot be used for one (1) hour lessons.

 

3.4 Where an ID is required from the establishment of education or work place for any offer or discount, the ID shown must be valid at the time the booking is made; no further discounts will apply after the expiry of the ID.

 

3.5 The "Special 2020 Offer" of two-hundred pounds (£200) will only apply to the initial ten (10) hours booked and any follow-up lessons will be at normal rates; these lessons forming part of the “Special 2020 Offer” must be taken as one and a half (1.5) hours slots. Notwithstanding anything to the contrary in Condition 2 above, a low deposit of fifty (£50) will be required at the time of booking, with the remaining one hundred and fifty pounds (£150) payable on the day of your first lesson. This offer is non-refundable. This offer is only valid for new pupils / customers.

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4.BOOKINGS AND LESSONS

4.1 The Instructor will endeavour to maintain regular lesson slots at the same time each week for the pupil to ensure continuity of learning. This however, cannot be guaranteed, and any further lessons will be booked in conjunction with the pupils’ and the Instructor’s time availability.

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4.2 You cannot sell or in any way transfer the lessons purchased in your name to any other person.

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4.3 The Instructor will take all reasonable steps to ensure that the lessons start and finish on time, but reserves the right to cancel, postpone or change lesson length and start/finish times under certain circumstances, such as dangerous weather conditions or further to any government guidelines. In the event of postponement, fees paid in advance will be carried forward.

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4.4 If, for any reason, the Instructor is late for the lesson, he/she will make a concerted effort to inform the pupil of the estimated time of arrival. If the delay is more than fifteen (15) minutes, this time will be added to the end of the lesson. If this is not possible then such extra time will be carried forward onto the next lesson slot.

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5.TRAINING LOCATION

5.1 All sessions will start and finish at the same location. This location will be agreed on the initial lesson and will be the same throughout the whole training program. In certain circumstances alternative start and finish locations may be arranged subject to the Instructor’s discretion, as long as the areas are not too far from one another, and it is possible for the Instructor to get to the next lessons in time from the alternative location.

 

5.2 The Instructor will determine a location for the lessons to be carried out, which will ensure the pupils’ and the public’s safety. This will mean that the Instructor may need to drive the pupil to and from the lesson location and this journey time will form part of the duration of the lesson as paid for.

 

6.TRAINING VEHICLES

6.1 For the health and hygiene of both the pupil and the Instructor there will be no eating, drinking or smoking in the vehicle in which the training is being taken. Breaks throughout the lesson can be given if required but will be included within the duration of the lesson.

 

6.2 Training vehicles provided by the school are taxed, insured for the purpose of driving tuition, fully roadworthy and fitted with He-Man dual controls.

 

6.3 Pupils who need tuition in their own vehicle must provide evidence from their motor insurer that the vehicle is covered for lessons when being supervised by a professional Instructor in return for payment. The vehicle must also be taxed and hold a current MOT certificate where appropriate.

 

 

7.DRIVING TESTS AND BOOKINGS

7.1 Your Instructor reserves the right to refuse that the training vehicle be used for a test if he/she considers that providing the vehicle could cause a risk to public safety.

 

7.2 The test day usage of the vehicle will be for two (2) hours which will include one (1) hour prior to the test and forty (40) minutes for the test itself, with the remaining time used to getting you back home.

 

7.3 Where the training vehicle is used for a test, the booking period will be based upon the Instructor’s normal diary schedule.



7.4 While your Instructor will make every effort to ensure that the vehicle supplied for a test will be fully roadworthy and complies with all the legal requirements at the start of the test, he/she cannot be held responsible for any vehicle failure that occurs during the test (e.g. a burst tyre) and will not be held liable for consequential loss.

 

7.5 The Instructor will not be held responsible for the test appointment being cancelled by the DVSA due to bad weather, sickness, staff shortage or any other reasons. Such cancellations are beyond the control of the Instructor and therefore the lesson fee and 'use of car' fee for the booked period will be charged. The Instructor will advise about how to claim compensation from the DVSA.

 

8.LAW APPLICABLE TO TERMS & CONDITIONS

These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.

 

9.CODE OF CONDUCT

The Instructor agrees to abide by the conditions of the Professional Code of Conduct (a copy of which will be provided on request). In the unlikely event of a complaint or a dispute, the guidelines of the Code of Conduct will be adhered to.

 

10.YOUR RIGHTS

These Terms and Conditions do not affect any protection you have  under consumer legislation.

 

11.AMENDMENTS

We reserve the right to change or alter any of the Terms and Conditions without notice, but will endeavour to inform pupils of any changes as soon as possible.

 

12.DISPUTE RESOLUTION

If any dispute arises in connection with these Terms and Conditions, you and ELDA agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the ProMediate Mediation Procedure. Unless otherwise agreed between you and ELDA, within fourteen (14) days of notice of the dispute, the mediator will be nominated by ProMediate. To initiate the mediation, a party must give notice in writing (“ADR Notice”) to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to ProMediate. Unless otherwise agreed, the mediation will start no later than twenty-eight (28) working days after the date of the ADR Notice.

The commencement of mediation will not prevent the parties from commencing or continuing court proceedings in accordance with Condition 8 above.

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13.NOTICE

Any notice or communication in respect of these Terms and Conditions may be provided by email to ELDA at info@eastlondondrivingacademy.com

 

14.SEVERANCE

No provision, sub-section or part thereof in these Terms and Conditions may be held to be unenforceable or void except for the judgment of a court of competent jurisdiction. Should any provision, sub-section or part thereof be so held to be unenforceable or void, the remaining provisions and their relevant parts shall remain in full force and effect, to the extent that they are capable of remaining operative having taken account of the said court’s judgment.