Business terms and conditions
- The terms and conditions of business under which driver training is provided, are outlined below.
- These terms and conditions of business are a contract between the CLIENT and MB Consultancy UK
- Any alterations to these terms and conditions of business will always be notified to the client in writing, in advance of the change.
- These terms and conditions shall be construed under the laws and subject to the sole jurisdiction of the courts of England and Wales.
- These terms and conditions of business do not affect your statutory rights.
COVID 19/CORONAVIRUS RESTRICTIONS
- The client must make every effort to comply with the current Government restrictions in place at the time of the training, including social distancing, and hand washing.
- The trainer will be vaccinated and will provide appropriate PPE if the client does not have ready access.
- The client will be surface temperature tested by the trainer on the forehead, before training. Any temperature above 37.8c will result in immediate cessation of training, with no refund of fee.
- If the client shows any of the following symptoms at the commencement of the training, the session will be cancelled, with no refund of fee. E.g., new continuous cough, temperature/sweating, change of, or loss of smell or taste.
- The client will be asked of their current state of health in relation to Covid.
- The client must not have tested positive within 14 days prior to testing, be awaiting the results of any Covid related test, or have been told to self-isolate. Inform MB Consultancy UK
- The trainer will wear a surgically approved face mask the client is expected too as well. Face coverings are not sufficient. Breaks will be given to accommodate the wearing of masks.
- The client will use anti-bacterial wipes to clean down all areas of the vehicle likely to be touched, such as steering wheel, seat belts, handbrake, and door handles. Before and after use. The used wipes will be appropriately disposed of.
- If the client develops symptoms during training, the session will stop, with no return of fees.
- If the trainer develops symptoms during the training, the session will stop, and the client will receive a 50% refund.
- Masks may be removed during stops for debriefs, held outside the car, and for refreshment breaks. Social distancing will be complied with in every location.
- If the client develops symptoms within 14 days before training is due to take place, see section 44. Training will not take place under any circumstances.
PROFESSIONAL CODE OF CONDUCT
- MB Consultancy UK abide by a Professional Code of Conduct, copies of which are available on request.
- Before the training session, the client will be supplied with a copy of the terms and conditions of business, details of tuition fees, and contact details. There will also be an electronic confirmation.
- The client will be asked to sign a copy of the Terms and Conditions, to state they have read, and agree to be bound by them.
ENTITLEMENT TO DRIVE
- The client must hold a current, valid driving licence that entitles them to drive in the UK. The photocard must be in date.
- The driving licence must be produced at the beginning of the session.
- The client must also produce a printout of their licence, showing any convictions and points. This is available via WWW.GOV.UK/MY DRIVING LICENCE. You will require your national insurance number to obtain your record. The printout must not be more than 14 days old.
- The client must notify if there are any pending prosecutions, or interim disqualifications.
- The client must notify the trainer of any medical condition, or disability that might affect your ability or entitlement to drive, immediately.
FITNESS TO DRIVE
- It is the client’s responsibility to ensure they are fit to drive.
- The client must inform MB Consultancy UK as soon as possible of any medical condition, disability or injury, that may affect their ability, or entitlement to drive.
- The client must inform the Trainer if they feel unwell before, or during a training session.
- The client must ensure that they do not drive under the influence of alcohol, or drugs (some prescription and ‘over the counter’ medicines can cause drowsiness) NO ALCOHOL will be consumed during the training session.
- The client should ensure that they do not arrange training sessions at times when they are likely to be tired, stressed, or otherwise distracted.
- If spectacles or contact lenses are required in order to meet the eyesight requirements for driving, they must be worn at all times when the client is driving.
- The client will be expected to read a standard DVLA number plate at a distance of 20.5m. If the client is unable to do so, a second opportunity will be offered. A subsequent failure will result in the cancellation of the training, with no refund.
- Please ensure that Mobile Phones are turned off, or at least on silent. Please inform your trainer, if they need to be kept on. The trainer will need to keep his switched on in case of emergency.
DRIVING IS A HIGH-RISK ACTIVITY. PLEASE READ THE FOLLOWING.
- The client will comply with every aspect of the Road Traffic Act.
- The trainer will not tolerate any form of verbal or physical abuse, whether directed at the Trainer, MB Consultancy UK, or any other road user.
- The trainer reserves the right to terminate any training session, at any stage should in their sole opinion they feel it inappropriate to continue the training. Reasons could include the client’s behaviour, sobriety, or state of mind. It could also include persistent Speeding, any other type of unsafe driving, or refusal to follow the direct instructions of the trainer. In this circumstance the training fee is forfeit.
- At the commencement of training, and before any driving takes place, a safe word will be agreed. This will normally be WAIT. If the trainer uses this safe word, the client agrees to follow the direct instruction given by the trainer, without hesitation or question. Any conversation about the incident can take placed once potential danger has been removed.
- The trainer reserves the right to stop the training in the circumstances outlined above and remove themselves from the vehicle. Any additional fees involved in the trainer returning to their own vehicle will be chargeable to the client, at 45p per mile.
- All training sessions must be paid for in advance. The trainer does not offer the facility to pay on the day.
- Any client booking a full day, will be asked to pay in full, at least 7 days in advance of the training session.
- This will be treated as an affirmed booking.
- Cancellation of the training session by the client giving more than 28 days’ notice prior to the start date will result in a full refund being given.
- Cancellation of the training session booked by the client giving more than 15 days’ notice before the first day of the course, a refund will be given equivalent to 50% of the course fee.
- Cancellation of any of the time booked by the client giving less than 15 days’ notice before the first day of the course, the fee will be forfeit in full.
- Payments can only be made using PayPal via a dedicated link emailed to you.
- In the event of any transaction being returned by your bank, an additional charge of £30 to cover charges and administration costs will be incurred.
- In the event of further action being needed to recover any monies owed further charges may be made.
- Daily fees will not be increased during the period of contract.
- Postponement by the client. Any training session where the client does not keep or give at least 24 hours’ notice of cancellation will be charged in full.
- Cancellation of any of the time booked after the due payment date, the fee will be forfeit in full.
- MB Consultancy UK reserve the right to impose a longer period of notice required for the cancellation of appointments on any client who consistently cancels training sessions.
CHANGE OF TRAINER
- MB Consultancy UK reserve the right to change the trainer at any point. This will be done with the client’s agreement only.
POSTPONEMENT OF TRAINING SESSION.
- Training sessions may need to be postponed at short notice during to illness, mechanical breakdowns, or another emergency situation or unforeseen occurrence. MB Consultancy UK will offer a mutually agreeable appointment as soon as possible.
- Every effort will be made to notify the client of the postponement as soon as practicable, however in some circumstances it may be difficult. Please provide a reliable source of contact for these circumstances.
- In all other circumstances, the trainer will endeavour to keep all appointments, however when it is necessary to alter an appointment, a minimum of 24 hours will be given.
- The trainer will wait for 15 minutes after the appointment time before deeming the training session to have been cancelled with insufficient notice.
- The trainer will make every effort to be punctual, endeavouring to be on site 15 minutes prior to agreed start time. However, traffic conditions may sometimes make this difficult, so please wait. The trainer will attend and extend the training session to compensate accordingly.
USE OF THE CLIENT’S VEHICLE
- Training will be conducted in the client’s vehicle.
- The client’s vehicle will be legally roadworthy, taxed, be insured including for the trainer to drive, hold a valid MOT (If required) and have seatbelts fitted. Training cannot be facilitated in open topped cars.
- The use of the client’s car is entirely at the client’s own risk, and MB Consultancy UK, and trainers, will not be held liable for any damage or accident howsoever caused.
- The client is responsible for the care of any property they have with them when attending a training session. The client must ensure they do not leave anything behind.
- The Trainer or MB Consultancy UK take no responsibility for any loss of or damage to, any property belonging to, or in the possession of the client.
- The client, in accordance with Road traffic law, is legally responsible for any traffic offences that occur whilst they are in charge of the vehicle.
- MB Consultancy UK have no legal authority to breach, or enable the client to breach, any section of the Road traffic Act. Persistent breaches will result in the immediate suspension of the training session.
- If the client is not happy with any aspect of the training, or the standards of the service offered, it must be raised with the trainer, with the minimum of delay, and before the trainer leaves site.
- Every effort will be made to resolve any issue.
- If the client and MB Consultancy UK cannot reach a satisfactory agreement, then the client can approach the Approved Driving Instructor National Joint Council for non-binding arbitration.
Last published 10th March 2021