By accepting sessions with Fabara Driving School, the pupil agrees to the terms & conditions.
- Code of Practice
1.1. The instructor agrees to provide the pupil with a car which is legally roadworthy, taxed, insured and with a valid M.O.T. (where necessary)
1.2. The instructor will be courteous and polite and will not use improper language or suggestion.
1.3 The instructor abides by a Professional Code of Practice, which can be found here: https://www.gov.uk/adi-voluntary-code-of-practice
- Entitlement to drive
2.1. The pupil must hold a current, valid provisional driving licence that entitles them to learn to drive in the UK.
2.2. The pupil must satisfy the requirements of medical fitness to drive, including compliance with the regulations for eyesight, where you must be able to read (with glasses or contact lenses, if necessary) a car number plate made after 1 September 2001 from 20 metres. Where glasses or contact lenses are required in order to meet the eyesight requirement for driving, they must be worn at all times while the pupil is driving.
2.3. The driving licence must be provided at the pupils first training session and may also be checked periodically by the driving instructor. Any points, endorsements, bans, convictions or restrictions of any kind on your licence must be notified to the instructor immediately.
- Fitness to Drive
3.1. It’s the pupil’s responsibility to ensure that they are fit to drive. The pupil must inform their instructor as soon as possible of any medical condition, disability or injury that may affect their ability or entitlement to drive. The pupil must inform their driving instructor or if they feel unwell before or during a session.
3.2. The pupil must ensure that they do not drive whilst under the influence of alcohol (including the day after consuming alcohol which may result in still being over the legal drink drive limit), or drugs (some prescription and ‘over the counter’ medicines can cause drowsiness). The pupil should ensure that they do not arrange training sessions at times when they are likely to be tired, stressed, or otherwise distracted.
3.3. The pupil must wear suitable footwear and clothing and clothing that does not restrict movement or impede their ability to drive safely in any way. The instructor can cancel the lesson if this is the case and the pupil will still be charged for the lesson.
- Behaviour
4.1. The instructor will not tolerate any form of verbal or physical abuse, whether directed at the instructor, a driving examiner or any other road user.
4.2. The instructor reserves the right to terminate any session at any stage should, in their sole opinion, feel that it is inappropriate to continue because of the pupil’s behaviour, sobriety or state of mind. In these circumstances the session fee is forfeit and it is at the instructor’s sole discretion as to whether further transport is provided.
- Session Fees
5.1. Before or on the first training session, the pupil will be supplied with details of training session fees. Any alterations of training sessions fees will always be notified in advance.
5.2. Special Offers are provided entirely at the discretion of the instructor and can be changed or withdrawn any time and without prior notice. This does not affect special offers currently in agreement and running with the pupil.
5.3. All training sessions must be paid for in advance of the scheduled session/s or by agreement at the time of the training session. It is under the discretion of the driving instructor to book the pupil in for any session/s without a payment in advance. However without payment, no lessons are guaranteed.
5.4. Payments must be made by cash/account transfer or debit/credit card as agreed by both parties. A receipt will be given detailing the number of sessions in hours and the amount agreed either electronically or paper receipt, whichever is desirable by the pupil.
5.5. The instructor does not provide credit facilities under any circumstance and training sessions will only take place when payment is received.
5.6. Payments for block courses of lessons are payable in full on or before the first day of the training session. Courses cancelled before the completion of training will be refunded based on the full hourly rate for lessons taken. There will be an administration fee equivalent to one hours lesson charge (standard rate). Block bookings must be used within 3 months of payment or the remaining funds will be forfeited unless otherwise agreed with the instructor.
- Change of Tuition Vehicle
6.1. Tuition vehicles are periodically changed, either permanently, when a vehicle is replaced temporarily, due to mechanical or other problems.
6.2. The instructor will not be responsible for any losses, e.g. test fees, if the pupil chooses to decline sessions in the replacement vehicle.
- Training session cancellations by the instructor
7.1. Training sessions may sometimes need to be cancelled at short notice due to adverse weather conditions, a fault with the driving instructor’s car, the driving instructor being ill or some other emergency or unforeseen occurrence. Every effort will be made to notify the pupil as soon as practicable.
7.2. The instructor will re-arrange any appointment to a time suitable for both parties.
- Training session cancellations by the pupil
8.1. The pupil must give 48 hours’ notice when cancelling a training session; otherwise the training session will be charged in full.
8.2. Cancellations can be made by the pupil with the instructor by text or phone call.
8.3. Where a pupil repeatedly cancels sessions, the driving instructor reserves the right to:
8.3.1. Impose a longer period of notice required for the cancellation of training sessions
8.3.2. Insists on prepayment for all training sessions
8.3.3. Discontinue training sessions with the pupil
8.4. Where the pupil is, in the driving instructor’s sole opinion, not fit to drive through alcohol, drugs or any other condition, the training session will be cancelled and the training session will be charged in full
8.5. If the pupil decides to move to another location or source another driving instructor before a block of sessions are completed and where funds are still remaining for scheduled sessions, then at the instructor’s discretion, funds not used minus any training sessions that were not completed due to illness or otherwise will be returned to the pupil by agreement either in cash or account transfer.
- Appointment Times
9.1. The pupil should keep a record of appointment dates and times in order to avoid missed appointments.
9.2. The instructor will wait 15 minutes after the appointment time before deeming the training session to have been cancelled with insufficient notice.
9.3. The instructor will make every effort to be punctual, however traffic conditions may sometimes make this difficult, so the pupil should allow a 15 minute waiting period or longer if notified by the instructor.
9.4. The training session where possible will be at the same length of the training session originally booked or additional time on a subsequent training session.
- Driving Tests
10.1. Driving tests should not be booked without first ascertaining the availability of the driving instructor and agreement being reached between the driving instructor and pupil regarding readiness for the driving test.
10.2. No responsibility will be taken by the instructor for driving tests booked by the pupil at times when the driving instructor is unavailable.
10.3. Where the driving instructor is unavailable and where possible the instructor may be able to locate a different driving instructor to enable the pupil to take their driving test on the booked date and time. Where the pupil agrees, they agree to accept the replacement driving instructor’s car as the car they will be driving on their driving test.
10.4. pupils should notify their driving instructor of the time, date and location of their driving test. No responsibility will be taken by the instructor for incorrect driving test information provided by the pupil.
10.5. pupils will only be allowed the use of the driving instructor’s car for a driving test if the driving instructor agrees that the pupil is at test standard. The driving instructor reserves the right to refuse the use of their car for the practical driving test, if in their professional opinion the pupil has not reached a sufficient standard of competence, to take full responsibility for the safety of the vehicle and other road users. Where possible, the driving instructor may recommend further training sessions if there is time available before the test date, however if the standard required is not met, the driving instructor reserves the right to refuse the use of their car for test purposes.
10.6. Where the use of the driving instructor’s car is withheld for a driving test, the driving instructor will, where possible give the pupil sufficient notice to enable the pupil to cancel the test without loss of the test fee. No responsibility will be taken by the instructor for withdrawing the use of the car for the driving test when the driving instructor assesses the pupil as not being ready for the test.
- Cancelled Driving Tests
11.1. When a driving test is cancelled due to a fault with the driving instructor’s car, illness of the instructor or any other reason that is the responsibility of the driving instructor, then the pupil will be entitled to the cost of their next driving test fee to be paid for by the driving instructor.
11.2. The driving test fee will not be reimbursed if the pupil is given sufficient notice to cancel their driving test appointment without loss of the driving test fee.
11.3. Where possible the instructor will endeavour to locate a different driving instructor to enable the pupil to take their driving test on the booked date. Where the pupil agrees, they agree to accept the replacement driving instructor’s car as the car they will be driving on their driving test.
11.4. Where a driving test is cancelled by the DSA (Driving Standard Agency), the full fees due to the driving instructor for training sessions and the use of the car for the driving test are still payable in full, unless cancelled in accordance with the normal period of notice.
11.5. Where the DSA cancels a test in short notice, it is possible to claim back a proportion of training session fees and other expenses from the DSA. This is the responsibility of the pupil.
11.6. Where a driving test is cancelled due to adverse weather conditions, the DSA will reschedule the driving test at no cost to the pupil.
11.7. When a driving test is cancelled because the pupil’s documents are not in order, because the pupil is ill, the pupil has given incorrect test information or for any other reason that is the responsibility of the pupil, the driving instructor is not responsible for the loss of driving test fees. The full fees due to the driving instructor for training sessions and the use of the car for the driving test are still payable in full, unless cancelled in accordance with the normal period of notice.
- Refunds
12.1. When a pupil pays in advance for training sessions, they shall be entitled to a refund at any time for any unused training sessions.
12.2. Where a discount has been given for the prepayment of training session and a refund is requested, the training sessions already taken by the pupil will be charged at the normal training session rate and the balance then refunded. Any short notice cancellations made by the pupil (short notice is less than 48 hours as set out in clause 8.1) will not be included in the refund.
- Supervision
13.1. For the purpose of assessing, maintaining and improving standards, it may occasionally be necessary for a driving instructor trainer or driving examiner to observe a driving instructor giving a training session. The driving instructor will gain permission from the pupil before the supervised training session commences.
13.2. Driving Examiners are periodically supervised conducting driving tests; therefore the pupil might be accompanied on their driving test by a supervising examiner. This is a legal requirement
13.3. The pupil will be asked before their driving test commences if they would like their driving instructor to accompany them on the driving test. It is the pupil’s choice to either agree or refuse.
13.4. With the permission of the driving instructor, pupils can allow friends or family members to accompany then on training sessions. The pupil may want to demonstrate their ability to the passenger, the passenger may want reassurance or advice from the instructor for then they supervise the pupil during private practice, or the pupil may want to practice carrying passengers ready for when they become a full licence holder or for when they take their driving test with their driving instructor as an observer.
- Pupil’s Property
14.1. The pupil is responsible for the care of any property they have with them when attending a training session and should ensure they do not leave anything behind.
14.2. The instructor will take no responsibility for any loss of or damage to any property belonging to, or in the possession of the pupil.
- Legal Liability
15.1. The pupil, in accordance with road traffic law, is legally responsible for any traffic offences that occur whilst they are in charge of the vehicle.
15.2. The driving instructor will endeavour to train the pupil to the highest possible standard, however they cannot be held responsible for the standard of driving or any errors that are committed whilst the pupil is driving without the driving instructor’s supervision, either before or after the pupil passes a driving test.
- Complaints
16.1. If the pupil is not happy with any aspect of their training sessions, or of the standard of service offered, they should raise the matter directly with the driving instructor with the minimum delay, and/or in writing via email to complaints info@fabaradrivingschool.co.uk and no later than seven days from the date of the cause of the complaint.
16.2. Every effort will be made by the driving instructor to resolve any complaint or issues.
- Data Protection
17.1. Any data held by the instructor is held securely and is only used for the purpose of the driving school directly.
17.2. Pupil details will not be given to any other party unless required to do so by law.
- Post Test
18.1 Driving is often situationally dependent and the driving instructor will do their best to prepare pupils inside of the budget and time given for their driver training. The driving instructor cannot be held accountable for any learning carried outside of the car and post test/training. The driving instructor will do their best to equip the pupils with the understanding to cope with the varied road conditions and situations.
- Coronavirus COVID-19
19.1. To reduce the risk of spreading the virus and keep the risks low during driving lessons, driving instructors will be following ‘best practice’ guides set by the government which can be found here: https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/vehicles
19.2 It remains the responsibility of the pupil to raise any concerns in advance of a lesson or booking and to inform the driving instructor if they are displaying any symptoms or have been in contact with anyone who has tested positive or who is displaying symptoms of COVID-19. Further information and advice can be found here: https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance/stay-at-home-guidance-for-households-with-possible-coronavirus-covid-19-infection#who-this-guidance-is-for
19.3 Following government guidelines, all pupils will have to wear appropriate PPE. Pupils are required to sanitize their hands before and after entering the car. The car windows will be, at a minimum, slightly opened both passenger and driver side to allow for ventilation. Gloves, although not compulsory, are to be worn only when entering the car. Masks must be worn for the entire lesson including in the pupils’ driving exam. For any medical exemptions to any of the PPE requirements, please inform the instructor before the lesson. Driving examiners need to be alerted when booking the driving tests or it will be cancelled on the day by the examiners.
19.4 If a pupil forgets their mask for a lesson, masks will be provided at the price of £1 at the discretion of the driving instructor. If the pupil refuses to pay for a mask, then the lesson will be cancelled and the charges for the lesson will still be applied.
Accepting these terms and conditions shows understanding, agreement and mitigates the driving instructor and company of any additional responsibility caused by COVID-19.
Oumar Kaba
info@fabaradrivingschool.co.uk
Mobile: 07908 779340
Created on: 26/10/2021
Last Amended on: 05/11/2021
These Terms and Conditions replace any previous versions.