Terms and conditions (Updated 16th January2010)
We The Right Attitude driving school reserve the right to change these terms and conditions at any time. Please ensure that you have read and understood the following terms and conditions as you will be bound by these when you use The Right Attitude driving school or intensive with attitude websites or when you book any driving lesson with one of our Driver Instructors. By using our sites or booking a driving lesson, you indicate that you accept these terms of use and that you agree to abide by them. If any changes are made you will be required to be read any amendments before the continuation of your driving lessons. A copy will be made available for you to read by your driving instructor.
Your continued use of the websites or receipt of lessons shall signify your acceptance to be bound by the latest terms and conditions.
You must hold a valid provisional / FULL licence for the category B - Car Licence and meet the DVLA medical and eyesight requirements.
Whilst reserving the right to decide against giving driving tuition, the Instructor will not act in any way which contravenes legislation on discrimination. (Definition of lessons / courses).(Hourly Lesson) 1 hour of driver training.(Bulk Lessons)10 or more hourly lessons bought at the same time.
(Semi Intensive course) 6 or more hours within the same week period.(Intensive course) 20 or more hours within the same week period.(Special Offers) All Special offers are subject to availability and The Right Attitude driving school or the Driving instructor, reserve the right to change or remove any of the offers at any time. Any offer paid for in advance will be honoured by the Driving Instructor.
Only 1 offer per person can be claimed and cannot be used in conjunction with any other offer or discounts.
(Driving Instructors) The Right Attitude driving school Driving Instructor is franchised and self-employed with their own car, equipment, and insurance. The Right Attitude driving school is simply an administration agent. All contracts are between you (the Pupil’) and the Driving Instructor. The Right Attitude driving school is not responsible for monies paid or booking times and have no liability for any loss or damage. Claims or complaints of any kind, including those for re-imbursement of unused lesson costs, should be made directly to the Driving Instructor.
The Driving Instructor, as a self employed franchisee, is responsible for your tuition, their conduct, and the condition of their vehicle. It is your responsibility to obtain direct contact information for your Instructor. The Right Attitude driving school cannot be held liable for any errors that the Pupil commits whilst driving whether accompanied or unaccompanied by the Driving Instructor and whether before during or after the driving test.
Driving Tuition
The Driving instructor shall give the pupil driving tuition at the rate per hour previously communicated to the pupil by The Right Attitude driving school or the driving instructor.
The Right Attitude driving school reserves the right to substitute a change of instructor or car if necessary.
The Right Attitude driving school accepts no liability for the acts, omissions or negligence of the driving instructor or any injury, loss or damage arising from the use of the tuition vehicle. The driving instructor is a self -employed franchisee and is licensed and regulated by the government's Driving Standards Agency.
Each pupil will be taught driver training Following DSA guidelines for a full hour for each and every hour paid for by the pupil. This may include interactive computer work, driving the training car, theory training using books and / or diagrams including Highway Code, Road craft skills, the essential skills guide and demonstration driving by the instructor.
All training will cover all the requirements as set by the DSA and will include town, country and dual carriage way driving, Wet weather (weather permitting) and night time driving (subject to pupils availability) All 5 manoeuvres set out as DSA standard.
If the pupil is found or believed to be under the Influence of Alcohol, Drugs or anything which could affect their driving, the pupil will not be allowed to drive for that day losing any fees for that days training or test fees if on test day.
If you are on a guaranteed pass course you will have to pay for the next driving test & lessons for that day.
Note - If a second incident occurs then the intensive course or booked lessons will be terminated with a loss of all fees paid.
A Pupil may be refused entry into the vehicle if they are wearing soiled or muddy clothing or shoes.
Where the pupil fails to attend a pre-arranged place or time, the instructor will wait a maximum of 15 minutes before leaving. This will be then classed as a no show for which the pupil will be liable for a no show fee which is equal to that day’s lesson / course booked amount of hours.
If the lesson has to be cancelled by the driving instructor or the driving instructor fails to turn up for a pre-arranged lesson or gives less than 48 hours notice to the pupil then the pupil will be entitled to a free ½ hr lesson to be arranged at a mutual time. If the pupil has booked 4 or more hours of training, then the pupil will be entitled to a free lesson of two hours to be arranged at a mutual time. The pupil will be permitted to use the training car for their driving test providing the pupil has reached a safe standard of driving. Whilst every effort is made to get the pupil to test level, and to take the practical test, if it is considered by the instructor that the pupil could be a danger to themselves, the DSA examiner or to the general public, then for safety reasons, he/she will not be allowed to use the training car for the test and will be advised accordingly. The Right Attitude driving school nor it’s Driving Instructors will not be held responsible if your course is affected in any of the following circumstances, or you have financial loss by taking time off work or any used holiday entitlement for your course:
The DSA cancelling your driving test. E.g. Unavailable Examiner, Due to bad weather, Failing light etc. If this happens you will be given a free retest but will not be able to claim for the hours charged by the instructor for his time and use of the car from the DSA or The Right Attitude driving school or the instructor.
An unforeseen accident while on a prior lesson or test, Or any unforeseen mechanical failure which prevents you using the training car for your course / test, However the Driving Instructor will make every effort to have the car repaired or a replacement car provided for your course ASAP. If any or all lessons are affected then these will be rescheduled at both the Driving Instructor’s and pupil’s convenience. If a car is not made available to you and you are unable to take your test the instructor will provide you with 4 hours of free training plus pay for a retest.
If the Driving instructor is taken ill, injured or the car is not road worthy, any or all lessons that are affected will be rescheduled at both the Driving Instructor’s and pupil’s convenience. If the training car is required for use on a test, the driving instructor will pay for a re-test and provide 4 hours of free training before the next test.
It is the pupils responsibility to notify The Right Attitude driving school and their driving instructor of the following when making a booking for a course or test:
• Your driver number.
• Your theory certificate number & date passed.
• Your pickup address if different to home address.
• Any unavailable dates and or times.
• Any special requirements.
• Any condition which could affect the driving course.
• Any condition which could affect the driving test.
• Dates of any tests already booked which would conflict with the course you are booking.
Where the driving instructor may arrive late for a lesson due to circumstances beyond his/her control, the instructor will make efforts to extend the ‘finish' time of the lesson by the same amount of time or add the time on to the following lesson.
If the lesson has to be cancelled by the driving instructor or the driving instructor fails to turn up for a pre-arranged lesson or gives less than 48 hours notice to the pupil then the pupil will be entitled to a free ½ hr lesson to be arranged at a mutual time. If the pupil has booked 4 or more hours of training, then the pupil will be entitled to a free lesson of two hours to be arranged at a mutual time. The pupil will be permitted to use the training car for their driving test providing the pupil has reached a safe standard of driving. Whilst every effort is made to get the pupil to test level, and to take the practical test, if it is considered by the instructor that the pupil could be a danger to themselves, the DSA examiner or to the general public, then for safety reasons, he/she will not be allowed to use the training car for the test and will be advised accordingly. The Right Attitude driving school nor it’s Driving Instructors will not be held responsible if your course is affected in any of the following circumstances, or you have financial loss by taking time off work or any used holiday entitlement for your course:
The DSA cancelling your driving test. E.g. Unavailable Examiner, Due to bad weather, Failing light etc. If this happens you will be given a free retest but will not be able to claim for the hours charged by the instructor for his time and use of the car from the DSA or The Right Attitude driving school or the instructor.
An unforeseen accident while on a prior lesson or test, Or any unforeseen mechanical failure which prevents you using the training car for your course / test, However the Driving Instructor will make every effort to have the car repaired or a replacement car provided for your course ASAP. If any or all lessons are affected then these will be rescheduled at both the Driving Instructor’s and pupil’s convenience. If a car is not made available to you and you are unable to take your test the instructor will provide you with 4 hours of free training plus pay for a retest.
If the Driving instructor is taken ill, injured or the car is not road worthy, any or all lessons that are affected will be rescheduled at both the Driving Instructor’s and pupil’s convenience. If the training car is required for use on a test, the driving instructor will pay for a re-test and provide 4 hours of free training before the next test.
It is the pupils responsibility to notify The Right Attitude driving school and their driving instructor of the following when making a booking for a course or test:
• Your driver number.
• Your theory certificate number & date passed.
• Your pickup address if different to home address.
• Any unavailable dates and or times.
• Any special requirements.
• Any condition which could affect the driving course.
• Any condition which could affect the driving test.
• Dates of any tests already booked which would conflict with the course you are booking.
Your tests
The Right Attitude driving school or the driving instructor will not accept responsibility for a pupil failing to provide any relevant information that could affect either the driving course or driving test. It is your responsibility to be fully aware of the requirements Of the Driving Standards Agency regarding Theory and Practical tests. You must be in possession of all the relevant paperwork before starting any of the courses, and produce them to your driving instructor for inspection at their request. Failure to provide the relevant paperwork could prevent you from taking your test.
Your practical driving test
All Training cars are fully insured for training and test purposes a copy of the cars insurance and current MOT will be available for inspection upon request from the driving instructor teaching you.
If you’re Driving Instructor cannot provide a driving test within the same week as your driving course then he will book the next available date provided by the DSA that coincides with your instructor’s availability and yourself.
Lesson Vouchers The driving school will only issue lessons vouchers for lessons paid in advance,
PLEASE KEEP YOUR VOUCHERS IN A SAFE PLACE.
The lesson vouchers are valid for 6 months from the date of issue and are non-redeemable for cash. Any extension on the voucher must be done through the office BEFORE the expiry date. The pupil must notify the manager of the driving school within 7 days of making payment if they do not receive their lesson vouchers.
Payments All cheques must be made payable to the pupils Driving instructor and NOT The Right Attitude driving school and supported by a valid banker's card. All cheques must be paid 14 days before the start date of any lessons and must be cleared funds before the start of the first lesson. Credit cards will only be accepted for block bookings and Intensive courses or for 3 or more hourly lessons via PayPal. The Right attitude driving school will not accept responsibility for advance payments or cash, or cheques payable to instructors. Where payments are made direct to the driving instructor, The Right Attitude driving school will not accept any responsibility for any acts, default or failure on the part of the Instructor to carry out his/her obligations. If a payment is made through the web site once the transfer of funds has been transferred to the driving instructor, The Right attitude driving school will not accept responsibility for the payment paid to the driving instructor, it is the driving instructor’s responsibility for those funds.
If you make a payment from your credit/debit card using Pay Pal.Once Pay Pal have checked your card details and taken payment they will email you. This is your receipt it will have your invoice number on it (please keep it safe without this we may be unable to find proof of your payment if there was a problem). The price you pay is the course price displayed on this website at the time we receive your booking.
Whilst we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the course price you have booked we will inform you as soon as possible and give you the option of reconfirming your booking at the correct price or cancelling it. If we are unable to contact you we will treat the booking as cancelled. If you have already paid, you will receive a full refund.
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All ‘The Right Attitude driving School' instructors are authorised Approved Driving Instructors (DSA ADI) or legally authorised instructors.
All ‘The Right Attitude driving School' vehicles are a non smoking environment.
The cost of the use of the training car for the driving test period is the same as the cost of a lesson, if a lesson is booked prior to the test on the same day this will be the equivalent cost of a two lesson period.
A valleting charge will be made for any malicious soiling of the vehicle.
Abusive language or threatening behaviour to any Driving Instructor, office staff, DSA Examiner or the general public while on a driving lesson, driving test or via a phone call will not be tolerated. Any such action may result in your course being terminated resulting in the loss of course fee. All our Instructors have the right to work in safety; We will do everything within our power legally to prosecute anyone who harms our instructors.
Any wilful damage caused to the training car or any refusal to follow the driving instructors instructions which then leads to damage to the training car, injury to the instructor or any third party will be levied at the pupil.
Intensive course / Bulk bookings
All courses / bulk lessons booked with The Right Attitude Driving School are under the provision that you understand you are forming a contract between yourself and the instructor who is a self-employed franchisee of The Right Attitude Driving School.
Any balance payment dispute, claim or discussion should therefore be taken up with the instructor and not with The Right Attitude Driving School.
The driving school cannot be held liable for any compensation claim from either instructor or student, nor can it be held responsible for any traffic law violation on the part of either instructor or the student. All courses / bulk lessons booked online via our website or over the phone require a non refundable deposit. Payment must be made at the time of booking to secure the booking. Any outstanding balance is to be paid in full no later than 28 days before the start of the course.
Rearrangements, Cancellations & Refunds
You must phone your instructor as soon as you know you need to change or cancel a lesson this will give you the best chance of being able to re-book the lesson as near to the original lesson.
Driving Lesson cancellations must be made DIRECTLY to your instructor at LEAST 48 HOURS prior to the commencement of the driving lesson; otherwise the lesson fee will be charged. Cancellations by TEXT are not acceptable.
We're committed to selling driving courses to people who wish to learn to drive in a short period of time i.e., just one week.
You will never be pressured to book any course with The Right Attitude driving school however we realise there may be a time when you need to cancel your booking you've made.
Distance Selling Regulations
Under the Distance Selling Regulations, you have a right to cancel your order for any services purchased from The Right Attitude driving school for a full refund, within 7 working days of the date of confirmation, unless the services begin sooner. Cancelations by phone will not be acceptable under (DSR office of fair trading guidelines).
Refunds for courses / bulk lessons cancelled after 7 days will only be considered if put it in writing and The Right Attitude driving school receives this by the postal service or email no more than 21 days before your course start date.
To cancel, you must write to us at the address below (see Contacting us) quoting your name, address & course start date.
When an Intensive Driving Course/ bulk lessons are booked and confirmed (see below) and The Right Attitude driving School has not received written cancellation or rearrangement in the form of a postal letter or email at least 21 day prior to the course start date then the balance payment of the course will still be owed to your Instructor.
(You must obtain a proof of posting from the post office as you may be asked for this later)
The contract becomes binding when WE confirm that we have accepted your order either via email or post.
Any refunds will be sent out to you within 30 days of receipt of your cancellation providing you meet the criteria above minus an admin fee of £25.00.
If the Pupil chooses a course unsuitable for their level of experience and or chooses to end the course before all hours are completed then The Right Attitude driving School will not be held responsible for this decision and any monies paid will be lost.
Intensive courses are not transferable to hourly lessons or between instructors unless all parties agree and new terms and conditions are meet.
WAVIER
Any wavier from either The Right Attitude driving School or the Driving instructor during the continuance of this Agreement SHALL NOT constitute a waiver of /or release from the Terms and Conditions signed prior to the start of the course / lessons and therefore will not release the pupil from any liability under any of its terms and conditions.
Complaints procedure
We advise you to have an informal discussion about the matter concerned with your Driving Instructor. Failing agreement or settlement of a dispute, the pupil should put the grievance in writing to the manager of The Right Attitude driving school within 30 days of the incident. The driving school will not deal with complaints after the said period.
The driving school will only deal with a complaint directly from the pupil concerned.
Contacting Us
If you have any questions about our Terms & Conditions, the practices of this Driving School, or your dealings with this Driving School, please Contact us.
The Right Attitude Driving School
19 Mostyn Road
Vinters Park
Maidstone
Kent
ME145NY
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
Online Security
We only use PAYPAL service for credit card payments so we never have any dealings with your credit card details:
What this means:
Your details are secure using PAYPAL’s secure online security.
Your financial details are NEVER transmitted to us.
Your details will be held securely by PAYPAL only.
If you have problems using PAYPAL secure system, it may be that your browser does not support our encryption system. In this case, contact your browser provider (e.g. Netscape or Internet Explorer) for further advice.
The Safety of your personal details
From time to time, you may be asked to submit personal information about yourself (e.g. name, address, phone number and email address etc) in order to receive or use services on our website or from our Driving Instructors. These services include newsletters, competition and personalised services. We will also need personal information in order to supply Driving Lessons, Gift Vouchers and Training Aids and /or prizes. When we collect this information we will only do so over a secure connection. If you communicate with us by email over the internet you should be aware that the nature of the internet is such that unencrypted communication may not be secure and may pass through several different countries on route to us. Please do not email us with confidential or sensitive information such as your credit card details. We cannot accept responsibility for unauthorised access to your information that is outside our control.
Protecting your information
We know that when you purchase items or service online you want your personal details and your credit or debit card information to be private and secure. We are committed to providing this security for you.
You have the right to see personal data (as defined in the Data Protection Act) that we keep about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us.
General Terms and Conditions for the web site.
Disclaimer
While the information contained in this website is believed to be current and reliable, The Right Attitude Driving School cannot be held responsible for any errors or omissions.
The Right Attitude driving School takes no responsibility for the consequences of error or for any loss or damage suffered by users of any of the information published on any of these pages. Such information does not form any basis of a contract with readers or users of this website.
Most links made from our website are to reputable organisations. However The Right Attitude driving School cannot be held responsible for the accuracy or completeness of any pages on such linked websites. The existence of such links does not represent an endorsement by The Right Attitude driving School of any views expressed or products or services offered.
Conditions of Website Use
Please read these provisions carefully before using our web site. By accessing or using our web site, you agree to be bound by the provisions set out below. We may modify these provisions at any time. Any such modifications are effective immediately from the time they are included on our web site. You agree to review these provisions regularly to ensure you become aware of any modifications to them.
We don’t use Cookies
Cookies are pieces of information that an interactive service transfers to your computer for record keeping purposes. The Right Attitude driving school does not use cookies.
Links
We do not accept any responsibility for the information practices of a web site you are able to access through a link on our web site. We make no representations about any other web sites which you may access through links on our web site.
The inclusion of a link to a third party web site contained on our web site does not mean that we endorse that third party web site.
A third party web site accessed from a link on our web site is independent from us and we have no control over the content and/or management of that web site. You view and rely upon the contents of any such third party web site at your own risk. We accept no liability to you for the contents of and/or information on any third party web site.
We shall have no liability to you for any loss or damage you may suffer if you enter into any contract as a result of viewing a third party web site linked to our web site.
We do not guarantee that any links to third party web sites contained on our web site will function correctly.
Viruses
Please note that viruses and similar destructive programs and/or code are an inherent risk of communication via the Internet.
We will use our reasonable endeavours to prevent contamination of any material downloaded by and/or sent to you with any virus or similar destructive code.
We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of your accessing our web site and/or any other communication via the Internet between you and us.
It is your responsibility to scan everything which you choose to download from our web site to ensure that it is free of such items as viruses, worms, Trojan horses and other similar destructive programs and/or code.
Confidential Information
The Internet is not a secure medium and privacy cannot be assured. We cannot accept any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the Internet or if we send you such information at your request.
The web site is regularly audited for security purposes to ensure that its continuing security is maximised and maintained.
Contracts
Please note that any e-mail sent to or from either The Right Attitude driving school or the service providers via this web site and any attachments may be encrypted. They may nevertheless be liable to be compromised. This is an inherent risk in relation to e-mail.
We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of confidentiality and/or security in relation to transmissions sent by e-mail.
The Data Protection Act and how it protects you
The Data Protection Act puts obligations on users of personal information and lays down principles for its use. One principle states that information has to be processed fairly and lawfully. This means that you are entitled to know how we intend to use any information you provide.
You can then decide whether you want to give it to us. To provide outstanding customer service we need accurate customer information. You can help by informing us whenever your circumstances change.
E-mail
If you e-mail us, or give us your e-mail address, we will keep a record of it. We may use it to contact you occasionally about other products and services which may interest you, unless you ask us not to do so. We will not give your e-mail address to any unauthorised third parties. When e-mailing us, always use the e-mail facility on our web sites to make sure that the content of your e-mail is secure. If you send us e-mail in other ways, remember that it will be 'insecure' and could be intercepted. If you do send 'insecure' e-mail, please keep the amount of confidential information you include to a minimum. We will do likewise when we reply.
Phone calls
We may record or monitor phone conversations to offer you additional security, resolve complaints, improve our service standards, and for staff training purposes.
Responsibility for customer confidentiality
Our employees are personally responsible for maintaining customer confidentiality. We provide training and education to all our staff to remind them about their obligations.
Copyright notice
Material on this site is protected by copyright. The copyright owners are The Right Attitude driving school/Melgab. All rights reserved unless explicitly granted. You may not store on your personal computer or print copies of extracts from these pages for your personal or commercial use. You are not permitted to copy, download, store (In any medium), transmit, show or play in public, adapt or change in any way the content of these web pages for any other purpose whatsoever without the permission of The Right Attitude driving School/Melgab. Images on this website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s), or sell it or misappropriate it.
Intellectual Property
All information, design, text, pictures, graphics contained in this web site and the selection and arrangement of them and all other material on this web site are the sole property of The Right Attitude driving School /Melgab unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
Privacy Policy and Online Security
We at The Right Attitude driving school take the privacy of your information very seriously. We aim to meet current internet best practices. Our services are designed to give you the information that you want to receive. We do not tolerate spam and will never sell, rent, lease or give away your information to any third party.
We don’t share your information
Your personal information is being provided only to The Right attitude driving school. We will not disclose your personal identifiable information to any person or company except where you have given us permission to do so, or where in good faith The Right Attitude driving school believes such action is necessary to comply with a legal process. In order to obtain professional advice, we or others need to investigate or prevent crime (e.g. to fraud prevention agencies), the law permits or requires it, or any regulatory or governmental body requests or requires it, even without your consent, or, there is a duty to the public to reveal the information.
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