TERMS & CONDITIONS
DRIVING TUITION TERMS & CONDITIONS
The contract is between the Instructor franchised by Murphy’s Driving Tuition and the Client.
1.1 The instructor with Murphy’s Driving Tuition will be referred to as the “Instructor or Instructor’s”.
1.2 “Murphy’s Driving Tuition” will be referred to as “Murphy’s Driving Tuition or the School”.
1.3 The person taking tuition will be referred to as the “Client”.
1.4 Pupil app is the Total Drive app
2 Provision of training and training material:
2.1 The Instructor will provide driving tuition at the agreed time, price and within the agreed area.
2.2 Murphy’s Driving Tuition, only provide instructors who are fully qualified and approved by the Driver and Vehicle Standards Agency. Instructors are CRB checked and will follow the DVSA code of conduct and will always be smart, clean tidy and reliable.
2.3 Date, time and pick-up / drop-off point for each session will be agreed in advance by both parties.
2.4 The drop-off point may be different to the pick-up point by agreement of both parties.
2.5 In car training will take place in the Instructor’s vehicle unless clients requests use of their own vehicle. Which must have current MOT, Tax & Insurance for the purpose of driving tuition.
2.6 The online Driving Test Success Anytime logins & training may be provided by your instructor for FREE for self-study only and must not be copied, forwarded, shared, broadcasted or loaned to third parties. Murphy’s Driving Tuition take no responsibility if this service is down or inaccessible.
2.8 The Pupil App “Total Drive” is a third-party app Murphy’s Driving Tuition use to keep track of Driving lesson bookings, tests, pupil progress, links. Each pupil will have their own unique login and can view the app via a compatible phone to view lessons booked, available lessons, payments made and pupil progress and instructor notes. The Pupil can also contact their instructor via the in-app messaging service. You must read and agree to Total Drives Terms & Conditions.
2.9 Where installed, in car CCTV may be used to provide free video footage of the lesson. No video footage of your lessons may be published or broadcast at any time without the consent of the instructor.
3 Prices and payments:
3.1 The prices advertised 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 at the time of being informed about it, or within the 48-hour cancellation period. A block of lessons booked and prepaid prior to any price increase will not be affected by the increase.
3.2 Payment must be made to your instructor on or prior to each payable Lesson.
3.4 Payments are accepted by cash, bank transfer, or through the Pupil app “Total Drive”.
3.5 Prepaid Blocking booking lesson offers, are non-refundable once purchased and booked. (e.g 10 hours, 6 hours & pass plus courses.)
3.6 Refunds will be offered by bank transfer only.
4 Client’s obligations:
4.1 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. You maybe asked by you instructor to produce a check code for your licence, this allows us to check your licence for any points or endorsements before lessons commence. The link to do this is here: https://www.gov.uk/view-driving-licence
4.2 The Client must be able to read a number plate at a distance of 20.5 metres (67 feet) (with eyewear if normally worn).
4.3 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 their ability to drive.
4.4 The Client must behave in an appropriate manner towards other road users and the instructor. Offensive attitudes will not be tolerated.
4.5 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 still be charged at full price.
5 Cancellation or postponement of lessons:
5.1 Lessons may be cancelled, altered or postponed by the Client providing at least 48 hours of notice. If the Client cancels a lesson with less than 48 hours’ notice, for ANY reason, a cancellation fee of 100% of the lesson price will be charged.
5.2 Notice given between 9pm and 8am do not count towards the notice period. e.g., if notice is given at 10pm, the notice period starts at 8am the following morning.
5.3 The Instructor will avoid cancellations as much as possible to avoid financial loss and disruption to their diary and Client progress. However, the instructor may have to cancel at any time due to situations beyond their control, traffic delays etc. neither Murphy’s Driving Tuition or the Instructor are liable for any loss incurred by the Client in the event the Instructor cancels. When necessary an alternative lesson time will be offered at a time to suit both parties.
5.4 If any pre-paid block discount has been applied and the training is cancelled or a refund requested by the Client before the agreed number of lessons have been completed, then the Client will be charged the normal hourly rate for lessons taken.
5.5 The Instructor will treat the Client as resigning from tuition if the Client:
(a) is not prepared to pay 100% of the lesson price if cancelled within a 48-hour period;
(b) cancels or postpones two or more lessons in sequence without giving the minimum notice of 48 hours.
(c) fails to agree to take a further lesson within one calendar month of the last lesson.
(d) fails to complete a pre-paid block offer within 2 months.
(e) is unfit to drive safely as outlined in clauses 4.2, 4.3 and 4.4 on more than two occasions.
5.6 If the Client resigns from or stops tuition after payment of a prepaid block then any refund for prepaid lessons not consumed (if discounted refer to 5.4) must be claimed within 4 weeks from their last training session and a £15.00 administration fee applies. The cost of any lessons cancelled within the 48-hour period will be deducted from the refund amount.
5.7 In case of unsuitable or dangerous weather or road conditions only the Instructor may postpone lessons. An alternative time and date may be offered and Murphy’s Driving Tuition or the Instructor will have no further liability.
6 The School vehicle:
6.1 All tuition vehicles are fitted with dual controls and will be well maintained, reasonably clean and tidy.
6.2 Neither the School or Instructor will be liable for any failure of a tuition vehicle during a lesson or the practical driving test. If a failure of a tuition vehicle is proved to be a result of negligence the liability lies with the owner of the vehicle.
7 Practical driving test:
7.1 The Instructor will inform the Client when the Client is ready to take the practical driving test. This does not guarantee a test pass and without prejudice to clause 6.2 is the School or Instructor liable if the Client fails the test.
7.2 If the tuition vehicle becomes unavailable for a driving test for reasons outside the School’s or Instructor’s control (e.g., break down) and an alternative vehicle is not suitable, the School will have no liability and the Instructor will have no liability beyond a refund of the test fee.
7.3 The Instructor cannot guarantee the Client will be ready for the practical driving test when the practical test is booked weeks in advance. The Instructor will advise the Client of their lack of readiness no less than one week prior to the test date. The Instructor will withhold the tuition vehicle for the purpose of the practical test if the Client’s standard of driving is unsafe and potentially dangerous and therefore not to the practical driving test standard.
7.4 Murphy’s Driving Tuition and Instructors will not be liable if a test is cancelled by the test centre due to bad weather or lack of examiner availability. Also, the school will not be responsible if a test is cancelled due to any issues related to the Instructors tuition vehicle. This is solely the responsibility of the Instructor. The Instructor is not responsible for required documentation which must be provided to the examiner by the Client (e.g., complete and valid driving licence, theory documents), sufficient eyesight or fitness to drive.
8 The client’s own vehicle:
8.1 If the Client prefers to have training in their own vehicle, then the Client is responsible for adequate insurance, covering driving tuition by a DVSA approved driving instructor.
8.2 The vehicle supplied by the Client must be roadworthy, Valid MOT (if applicable) , 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 a School vehicle. The lesson will still be charged if the Client’s vehicle doesn’t fulfil the conditions above and if the Client decides not to fulfil the lesson in the Instructor’s car. (Always check with your instructor first)
8.3 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.
9 Limitation of Liability:
9.1 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.
9.2 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.
9.3 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.
10.1 Murphy’s Driving Tuition and Instructor’s 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 being passed to the Murphy’s Driving Tuition or Instructor’s insurers in the event of an actual or potential claim and to allow Murphy’s Driving Tuition or Instructor’s to arrange motor vehicle insurance cover.
10.2 Each right or remedy of Murphy’s Driving Tuition under these Terms and Conditions is without prejudice to any other right or remedy of Murphy’s Driving Tuition, whether under these terms and conditions or not.
10.3 These Terms and Conditions will be governed and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
11 Complaints procedure:
11.1 Any client complaints should be directed to the Instructor directly.
11.2 This contract is between the Client and the Instructor who is self-employed, being franchised by Murphy’s Driving Tuition. Therefore, Murphy’s Driving Tuition can only mediate. Emails will be acknowledged within 7 days, letters within 14 days. If necessary, complaints will then be fully investigated and resolution proposals will be given within 28 days.
11.2 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.
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