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| Thank you for
visiting our Website. In completing our booking Application Form you are
indicating that you wish to book a course of driving instruction. These
conditions apply to your application. You are advised to read them
carefully and to ensure that you have understood the terms which impose
obligations on you and on us. YOU HAVE A COOLING OFF UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000 DURING WHICH YOU MAY CANCEL THIS CONTRACT. IF YOU HAVE NOT CONTACTED US WITHIN 7 WORKING DAYS TO CANCEL, IT WILL BE ACCEPTED THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOUR COURSE COMMENCES WITHIN THE COOLING OFF PERIOD YOU WILL FORFEIT YOUR CANCELLATION RIGHTS FROM THE DATE OF COMMENCEMENT. |
|
| CONDITIONS | |
| 1. | Definitions |
| "You" means the person named on the application form as the Pupil; "We/ Us" means Crashcourses Limited whose registered office is at 26 Forge Street, Dedham, Colchester, Essex CO7 6AR; "the Driving School" means the driving school providing the driving course to you; "Working Days" means all days other than Saturdays, Sundays and public holidays; "Application Form" means the application form set out on the preceding page of this Website to which these terms and conditions relate. | |
| 2. | Bookings |
| 2.1 | Crashcourses is as agent which organises tests on your behalf and places bookings with Driving Schools. We do not provide any driving courses or tests ourselves and undertake all our activities (other than the provision of materials) as agents. |
| 2.2 | We will endeavour to book a theory and/or
practical test for you and to book a course for you with a driving school in
accordance with your requirements. The possible elements of your order are:
1) theory test; 2) practical driving test; 3) course materials; 4) driving course (residential or non-residential); and each element will be treated as a separate order. |
| 2.3 | These terms and conditions shall apply to and be incorporated into the contract and prevail over any inconsistent terms or conditions express or implied by law, trade custom, practice or course of dealing and may not be varied except in writing between you and us. |
| 2.4 | Theory/practical driving
tests Where required we will, acting as agent on your behalf, make arrangements for your theory test and practical driving test. Your contract for the theory/practical test is between you and the Driving Standards Agency ("DSA") and commences when your booking with them is confirmed to you. |
| 2.5 | Course materials Where required we will send out to you written materials in connection with your theory test. Your contract for course materials will commence when we have received your duly completed Application Form. |
| 2.6 | Driving course We will, as agent for the Driving School, pass your details onto a Driving School and they will contact you to arrange a course. For the avoidance of doubt, Crashcourses is only responsible for taking enquiries and placing bookings with the Driving School. Your contract for the booking is between you and the Driving School and commences when your booking with a specific Driving School is confirmed to you. If your order is for a residential course we will as agents for the Driving School make appropriate arrangements for hotel accommodation which is included in the Booking Fee. |
| 3. | Payments |
| 3.1 | When submitting your Application Form we require you to pay a deposit of £100. If we are unable to make a booking for you this will be refunded forthwith. |
| 3.2 | When confirming the booking we will by email or post send to you a statement showing the amounts due to the Driving School in respect of the booking (the "Booking Fee"). |
| 3.3 | You must pay the full amount shown in the statement (less any deposit paid) by cheque made payable to "Crashcourses Ltd" or by credit/debit card by the date and subject to the payment terms shown in your confirmation letter. Failure to make prompt payment may result in the loss of any deposit and/or cancellation of the booking. |
| 4. | Cancellation |
| 4.1 | You have the right to cancel any element of your order within 7 working days of the day after you receive acceptance or confirmation of the booking of that element of your order by us or the Driving School or, in the case of materials, from the day after receipt (the "Cooling Off Period"). If you cancel within this Cooling Off Period and your course or test is not re-arranged you will be entitled to a refund of your deposit and reimbursement of the relevant part of the Booking Fee. This right will be lost at the time your course or test commences if it is due to commence within the Cooling Off Period. All cancellations of tests or orders for materials within the Cooling Off Period should be notified to us in writing before the expiry of the Cooling Off Period. All cancellations of driving courses once booked and within the Cooling Off Period should be notified to us and the Driving School in writing before the expiry of the Cooling Off Period. If you cancel your order for materials you must take reasonable care of any materials already sent to you and return them to us within 7 days of your notification of cancellation, at your own cost. |
| 4.2 | If you attempt to cancel your driving course before the date of commencement we will do our best to arrange for your course to be re-arranged to another time more suitable to you. Please notify us and the Driving School of your cancellation. |
| 4.3 | If you cancel your driving course or test booking less than fourteen days before the date of commencement, the Driving School will incur certain charges, which it will not be able to mitigate, including the driving test cost and theory test cost and any deposit paid to secure hotel accommodation. You may therefore be responsible for any such charges incurred. This clause does not apply if you cancel within the Cooling Off period. |
| 4.4 | If you cancel your driving course after the date of commencement because the Driving School has failed to fulfil its obligations (as set out in clause 5 below) then you may be entitled to be repaid all or part of your money by the Driving School. |
| 4.5 | The Driving School may have to cancel the Booking or a part of it if :- |
| 4.5.1 | The instructor who should have provided the Booking is or becomes unable to do so as a result of illness or bereavement and the Driving School is unable to secure another instructor at short notice; or |
| 4.5.2 | the Car intended to be used to provide the Booking is or becomes un-roadworthy or in breach of road traffic legislation and such defect cannot reasonably be rectified prior to the commencement of the Booking and an alternative vehicle is not available, |
| 4.6 | If the Driving School has cancelled the booking we will ensure that either the Driving School or we notify you immediately. We will, in full consultation with you and the Driving School, endeavour to secure a new booking for you. If we are unable to do so you will be entitled to be repaid your course fee (or part of it) by the Driving School. We will do our best to liaise with the Driving School to ensure that you receive your money back as quickly as possible in these circumstances. However, as agent for the Driving School, we do not accept any liability for cancellation of the booking by the Driving School and refer you to clause 7. |
| 4.7 | If you wish to cancel your course or change driving instructor after the date of commencement of the course you must notify and discuss this directly with the Driving School. |
| 5. | The Course |
| 5.1 | The Driving School undertakes to ensure that all courses will be provided to the following minimum standards. More information may be obtained from the Driving School:- |
| 5.1.1 | All of its driving instructors have been approved by the DSA; |
| 5.1.2 | The car provided by the Driving School is comprehensively insured with a reputable insurer; |
| 5.1.3 | The car will be clean, presentable and in good working order and will have dual controls; |
| 5.1.4 | The driving instructor will not smoke during tuition; |
| 5.1.5 | Short refreshment breaks may form part of your daily tuition period |
| 5.2 | The Driving School shall be entitled to withdraw the use of the car for the purpose of the driving test if the Driving Instructor reasonably believes that your driving has failed to reach a satisfactory standard. In such circumstances you will forfeit your test fee. This is necessary to protect other road users, yourself and the car. |
| 6. | Your obligations |
| 6.1 | In addition to the payment obligations under Clause 3 of these conditions you must ensure that:- |
| 6.1.1 | You are able to satisfy the any driving test eyesight requirements (details of which can be supplied on request). If the Driving School instructor reasonably considers that you have not met the current eyesight requirement he or she is entitled to require you to have your eyesight checked and if appropriate ensure that it is rectified before commencing with the booking. The time taken to complete this will be lost; |
| 6.1.2 | You supply to the Driving School at the commencement of the course a signed driving licence. If you fail to produce a valid driving licence the Driving School can by law not permit you to drive a car and accordingly your booking will be lost; and |
| 6.1.3 | You supply to the Driving School at the commencement of the course suitable photographic evidence of your identity and, where applicable, theory pass certificate. Failure to produce this may delay the commencement of the course until satisfactory evidence is produced. If you fail to supply a theory pass certificate you may not be eligible to take the driving test at the end of the course, and accordingly any test fee may be forfeit; and |
| 6.1.4 | You attend you lessons on time. Failure to do so will result in your losing time and the Driving School has no obligation in such circumstances to add time to the end of your lesson to make up for late arrival. |
| 7. | Liability |
| 7.1 | Except in respect of death or personal injury caused by our negligence, or as expressly provided in these terms, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence or otherwise) which arise out of or in connection with the provision of the Services or their use by you, and our entire liability under or in connection with the contract shall not exceed the amount of the Booking Fee, except as expressly provided in these terms. |
| 7.2 | If we are unable to book a theory and/or practical test or to arrange a course for you in accordance with your order we will reimburse your deposit (or the relevant balance of it) and shall have no further liability to you. |
| 7.3 | We are not responsible for the content or appropriateness of any materials provided by us in connection with your theory test or otherwise and you should refer any such complaints to the publisher or manufacturer. Risk of damage to or loss of the materials shall pass to you at the time of delivery or, if you wrongfully fail to take delivery, the time when we have tendered delivery. The property in the materials shall not pass to you until we have received payment in full in accordance with clause 3. Please examine the materials immediately on receipt. If you return the materials to us because of a defect in the quality or condition of them other than any defect arising from fair wear and tear, wilful damage, negligence, misuse or alteration or repair, or otherwise, within the Cooling Off Period, we will provide you with replacement(s) or, at your request, refund that part of the Booking Fee in respect of the materials returned, in which cases we shall have no further liability to you. |
| 7.4 | We can merely make Theory/Practical driving test bookings on your behalf and cannot be held responsible for failure by the DSA to fulfil test appointments or for the cancellation or postponement of your practical driving test booking or theory test or in relation to the refunding of your test fee unless the cancellation is made by you during the Cooling Off Period. Should the DSA decide to cancel or postpone any appointment, they will only communicate with you and you should ensure that we and the Driving School are advised immediately of any changes. |
| 7.5 | Once a booking with a Driving School has been made, we act as agent of the Driving School only, accordingly we cannot accept any liability for any failure or delay on the part of the Driving School to provide its services to you. You should direct any complaints about the booking or the course to the Driving School at its address as notified to you. |
| 8. | General |
| 8.1 | The construction, validity and performance of any contract shall be governed in all respects by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts. |
| 8.2 | These terms constitute the entire agreement between the you and us, supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. |
| 8.3 | Any notice required to be given under these conditions may be sent by prepaid first class post, facsimile or email to the usual address, principal place of business or registered office of the party to whom the notice is being sent. If sent by post, it shall be deemed to have been served (until the contrary is proved) on the second working day after the date of posting |
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Thank you for reading Crashcourses Terms
and Conditions. |
| Registered in England and Wales No. 4043504. Registered Office as above. |