Terms of Business
The contract is between the instructor franchised by Flying Colours School of Motoring and the client once a Flying Colours instructor has been assigned.
Provision of training and training material:
Your instructor will provide training at the agreed price within the agreed area.
Flying colours Driving School will only provide instructors who are fully qualified, approved and licensed by the Driver and Vehicle Standards Agency (DVSA) unless otherwise agreed.
Your instructor will adhere to the professional code of conduct.
The instructor will provide a dual-controlled car that is clean and roadworthy.
Lessons are on a one-to-one basis, with no other learners in the car.
Date, time and pick-up / drop-off point for each session will be agreed in advance by both parties.
The drop-off point may be different to the pick-up point, but not further apart than 2 miles, unless otherwise agreed.
Prices and payments:
The prices agreed may be subject to change at any time, in which case the client will be informed before the concerning lesson. The client may cancel lessons charged at the new rate either at the time when being informed about it, or within the normal cancellation period. Block lessons already paid will not be affected by price changes.
Valid payment must be made on or prior to each payable session.
Payments are accepted by cash or bank transfer. Refunds will be offered by bank transfer.
Client’s obligations:
The client must hold a current, valid driving licence (provisional, full or foreign licence), which must be produced to the instructor on or before the first lesson. Any changes to the driving licence must be notified.
The client must be able to read a number plate at a distance of 20.5 metres (with eyewear if normally worn).
The client must ensure to be in a fit state to drive safely and at no time during training to be under the influence of alcohol or any substance which may affect his/her ability to drive. Any medical conditions, including tiredness, that may affect the training must be indicated prior to the lesson or as soon as possible.
The client must behave in an appropriate manner towards other road users and the instructor.
If at any time the instructor considers the client to be in an unfit state to drive safely or behaving in an offensive manner, the training session may be suspended and no refund will be made.
Cancellation or postponement of lessons:
Lessons may be cancelled, altered or postponed providing at least 48 hours of notice. If the client cancels a lesson with less than 48 hours notice, a cancellation fee of 100% of the lesson price applies. If the client fails to attend an arranged lesson without or less than 24 hours’ notice, the lesson will be fully chargeable and/or no refund will be made.
The instructor will avoid cancellations but may cancel the training at any time, in which case an alternative lesson with the same instructor or a refund for the particular lesson will be offered. The School or instructor is not liable for consequential loss.
The School or instructor may be entitled to treat the client as resigning from training if the client:
(a) either cancels/postpones/alters two or more lessons in sequence without giving the minimum notice of 48hours;
(b) fails to agree to take a further lesson within one calendar month of the last lesson;
(c) fails to complete a pre-paid block offer within 6 months;
(d) is unfit to drive safely on more than two occasions.
Instructors may cancel or postpone lessons due to circumstances beyond their control, such as dangerous weather or mechanical failure. In such cases, fees for pre-paid lessons will be carried forward
Practical driving test:
The instructor will inform the client when the client is ready to take the practical driving test. This does not guarantee a test pass.
If the tuition vehicle becomes unavailable for a driving test for reasons outside Flying Colours control (e.g. break down) and an alternative vehicle is not suitable, the School will have no liability beyond a refund of the test vehicle fee.
The instructor may withhold the vehicle if the client’s driving is actually, or potentially, dangerous and therefore not to test standard.
The School will not be liable if a test is cancelled by the test centre because of circumstances other than those within the instructor’s responsibility. The instructor is not responsible for required documentation which must be provided by the student (e.g. complete and valid driving licence), sufficient eyesight or fitness to drive.
The client’s own vehicle:
If a client prefers to have training in a self-sourced vehicle, then the client is responsible for adequate insurance, covering driving tuition by an ADI.
The vehicle supplied by the client must be roadworthy, insured and taxed. If the client fails to produce valid Insurance documentation, or if, in the instructor’s opinion, the client’s vehicle is not roadworthy, the lesson will be offered in the instructors vehicle. No refund will be made in cases where the client’s vehicle doesn’t fulfil a/m conditions or breaks down during lessons.
A removable instructor mirror will be fitted to the private vehicle for the duration of the lesson and if being used by a provisional license holder, the client’s vehicle must display L-plates.
Limitation of Liability:
Nothing in these terms and conditions will limit the instructor’s liability in any claim for death or personal injury caused by the instructor’s negligence.
Under no circumstances is the instructor liable for any damage to or loss of property the client brings with him/her or leaves behind in the tuition vehicle.
Neither the School nor the instructor will be liable for consequences of any event, which is outside of the School’s or instructor’s reasonable control or expectation.
General:
The School and instructor will comply with the Data Protection Act 1998 at all times and will not pass the client’s details to any third party without the client’s consent (unless required to do so by law). The client consents to their details be passed onto the School’s or instructor’s insurers in the event of an actual or potential claim and to allow the School or Instructor to arrange motor vehicle insurance cover. The client also consents to their details to be passed onto any instructor not franchised with Flying Colours who the school deems a suitable alternative in case no franchised instructor is available.
Complaints procedure:
Any client complaints should be directed to the instructor directly.
This contract is between the client and the instructor who is being franchised by the School. Therefore the Flying Colours can only act as a mediator. Emails will be acknowledged within 14 days. If necessary, complaints will then be fully investigated and resolution proposals will be given within 28 days.
Should the client be unhappy with the outcome of the investigation and the handling of the complaint, then the client may seek advice from the ADI Registrar at The Driving Standards Agency, Stanley House, 56, Talbot Street, Nottingham, NG1 5GU
By booking with us, you understand you are agreeing to these Terms and Conditions.
Once we have passed your details to an instructor, You agree our service is complete. If you have purchased a course of lessons from us directly, we will take payment for the course from You. We will pass the amount of the lessons for the course on to instructor.