Terms and Conditions


Terms and Conditions of On Fire for Driving, School of Motoring

 

Please Read Carefully Before Booking:

 

You will be required to sign a copy of these Terms and Conditions before we are able to provide you with tuition.

 
1. Interpretation and application

In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means “ON FIRE FOR DRIVING”

“Instructor” means the fully-qualified Driving Standards Agency Approved Driving Instructor assigned to train You.

“You” or “Your” means you, the customer.

“Agent” means a method of transferring monies other than cash, for example, a debit or credit card, a bank transfer or online payment

method, such as PayPal.

“Minimum Notice” means 48 hours, Sunday to Monday.

You must read these Conditions in full, as they set out the complete terms upon which We have agreed to provide, and You have agreed to obtain, driving tuition from Us.

In particular, You should read and accustom yourself with the follow sections: Your Responsibilities (Clause 3) and Lesson Cancellation Policy (Clause 5), which will affect You directly from the start of your training. We and Your Instructor reserve the right to Charge for any lessons affected by Your failure to comply with any of these Conditions.

2. About Your Instructor

The contract for driving tuition is solely between You and Your Instructor. You and Your Instructor are responsible for agreeing all

matters relating to the timing, location and duration of individual lessons.

You must notify Your Instructor of any matters which affect your ability or entitlement to have driving tuition, for example, but not

limited to, any lack, or loss, of a valid provisional driving licence, or changes in health, eyesight and psychological condition.

3. Tuition – Your Responsibilities

Tuition is only available to persons who meet the following criteria:

(1) Aged 17 and over (16 and over if disabled); and

(2) Who hold a valid UK provisional driving licence (“Licence”); and

(3) Who are legally entitled to drive in the UK.

(4) It is Your responsibility to ensure that You have the appropriate Licence and the Licence must be presented to Your Instructor prior to the commencement of Your tuition, both plastic and paper counterpart.

(5) Your Instructor reserves the right to refuse to provide You with tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence prior to Your first lesson.

(6) Your tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, time, pick-up location and duration of Your lessons.

(7) You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly with regard to matters affecting Your health and safety.

4. Your Instructor’s Responsibility

Your instructor will:

(1) Provide You with driving tuition at the hourly rate communicated to You from time to time;

(2) Recommend what are, in their opinion, the most appropriate training methods and aids to help You study for Your theory and

hazard perception test;

(3) Design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical

test;

(4) Provide You with on-road lessons which will last two hours or such other duration as You and Your Instructor will agree in

advance;

(5) Provide a presentable, modern, properly maintained and dual-controlled ON FIRE FOR DRIVING branded car for each lesson;

(6) Recommend, where appropriate, advanced courses to help You develop Your skills for: motorway driving, driving in extreme

weather conditions and the Pass Plus;

(7) Give You relevant feedback during Your lesson and record Your development in Your ON FIRE FOR DRIVING Track Record

at the end of each lesson;

(8) Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to book Your mock practical test

and once it has been agreed between you both, apply for Your practical driving test and where required, they will advise whether it

should be subsequently rescheduled;

(9) Provide training on a one-to-one basis with no other learner in the car;

(10) Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of

Your lesson and to ensure mutual agreement on the next step at the end of each lesson;

(11) At all times conduct themselves in a professional manner including:

i. being courteous and considerate to You

ii. avoiding physical contact except in an emergency

iii. not smoking during Your lessons, unless You actually want to. Smoking is not permitted in the car.

iv. restricting mobile phone use to emergencies or for Your benefit;

(12) Reserve the right to cancel a lesson or finish a lesson early on grounds of road safety;

(13) Not discriminate against You, and always abide by the Law of Scotland;

(14) Endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any

circumstances beyond their control;

(15) Endeavour to give You 48 hours notice should a lesson need to be rescheduled;

(16) Respond professionally to any worries or issues that You may have and try to resolve them to Your satisfaction. If appropriate,

they will give You the name of the ON FIRE FOR DRIVING manager to whom You can refer the matter.

If Your Instructor is for whatever reason unable to comply with their obligations to You, both We and Your Instructor reserve the

right to arrange for an alternative ON FIRE FOR DRIVING Instructor to provide You with some or all of Your driving tuition. We

will do Our best to notify You of the alternative Instructor who will provide You with Your tuition, subject to Your agreement.

If We or Your Instructor are unable to arrange for an alternative Instructor to provide Your driving tuition, or in the event of a

mechanical breakdown of the vehicle in which You have been learning to drive, or for any other reason, the Instructor reserves the

right to rearrange Your lessons for a time convenient to both You and the Instructor.

5. Lesson Cancellation Policy

5.1 You must give Us or Your Instructor at least 48 hours Minimum Notice if You wish to cancel or rearrange a tuition, otherwise

You will be liable to pay for 100% of the lesson fee, subject to Our or Your Instructor’s sole discretion.

5.2 Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice to cancel or rearrange the lesson, it will

be counted as lesson taken for the purposes of the lesson cancellation policy, and You will be liable for the lesson fee.

5.3 You will not be able to sell or transfer any tuition which You have pre-paid for to any third party, without obtaining Our prior

written consent.

6. Insurance

Your Instructor will carry the appropriate motor insurance, should You be involved in a collision as a learner driver whilst in control of

driving the Instructor’s tuition vehicle.

7. Price Changes

We reserve the right to change the price of all Our learner driver products including tuition, at any time.

8 Non-Block Booked Tuition

The price of lessons that have not been pre-paid (as part of a block booking consisting of a minimum 10 hours worth of tuition time)

may be changed at any time. You will receive prior notice of any price reductions or increases.

9. Special Offers

We reserve the right to introduce (and to withdraw) special offers from time to time in respect of tuition and products, together with

any other products that We may decide.

10. Payment

You must pay for Your product(s), good(s) or lesson(s) in advance using the following methods:

(1) Payment via bankers draft, cleared cheque or cleared postal order.

(2) Payment via cash made directly to Your ON FIRE FOR DRIVING Instructor.

11. Acknowledgement

11.1 Payments made directly to Your Instructor will be recorded in Your ON FIRE FOR DRIVING record. You will be provided

with a written receipt for monies, upon request, at the time of payment.

11.2 Further, You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation

to all payments You make to Your Instructor or any of Our Instructors. Where We are able to, We will endeavour to
assist with any discrepancies in payments You have made without ever accepting liability for the same.

11.3 We accept no responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected,

tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have

sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.

12. Refund Policy and Warranty

12.1 Tuition

(1) You are entitled to cancel Your driving tuition at any time. If You have not taken any lesson(s) at the time of cancellation You will

be entitled to a full refund of any amounts paid, subject to the below.

(2) If You have taken lesson(s) at the time of cancellation You will not be eligible for a refund on any lessons taken.

(3) Where it is possible to do so, We will refund You using the same method You used to pay for Your lessons when You made the

payment. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund

You by any other method We deem appropriate.

(4) We may request additional information from You to confirm Your identity in order to comply with the Money Laundering

Regulations 2007.

(5) Refunds may take up to 28 working days to reach You or Your account.

12.2 Duration

(1) Upon payment, your contract with Your Instructor requires You to take Your course of tuition within one year of said date of

payment.

(2) If You are unable to abide by this contract, please contact Us, and We will endeavour to refund Your payment, minus any costs

and charges incurred by Us in holding Your monies.

(3) In the event of the above circumstance, where no contact with Us is attempted, all payments and monies are forfeit and not

refundable, subject to the discretion of Us or Your Instructor.

13. Test Fees

(1) The Driving Standards Agency (DSA) determines the Theory and Practical test fees.

(2) If You would like Us to book Your test on Your behalf We will be happy to do so and will charge a non-refundable booking fee

of £4 for doing so (“Booking Fee”) in accordance with clause 4. The Booking Fee will cover the administrative costs and internal

resources that We will incur in organising Your booking.

(3) If You wish to cancel or rearrange a test that We have booked with the DSA on Your behalf, We will follow the DSA cancellation

procedure as set out on the DSA website at http://www.dsa.gov.uk.

(4) Currently the DSA cancellation procedure states that You can cancel or rearrange Your test providing You give at least five clear

working days’ notice. If You require Us to arrange a cancellation or rearrange any driving or theory test on Your behalf, We will

require a minimum of 7 working days’ notice in order to do so. If You fail to provide us with a minimum of 7 days; notice You may

remain liable for all or some of the test fee and any late cancellation fees. In any event we accept no liability to You for any payments

or expenses that You may incur in relation to Your driving and/or theory tests.

(5) Other Provisions: By taking bookings, providing certain information and documentation, and in processing payments, We act on

behalf of Your Instructor. No contractual liability arises between You and Us under the
agreement between You and Your Instructor.

(6)We reserve the right to change the sum charged for booking Tests on Your behalf from time to time by amending these Terms and

Conditions.

14. Limitation of Liability

14.1 Neither We, Your Instructor, nor The Agent shall be liable to You for any loss or damage caused where, and to the extent that:

(i) there is no breach of a legal duty owed to You by the relevant person or body;

(ii) such loss or damage is not a reasonably foreseeable result of such a breach;

(iii) any such loss or damage, or increase in the same, results from any breach or omission by You;

(iv) any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body.

Neither We or Your Instructor, in any event, shall be liable for losses relating to any business interests You may have including,

without limitation, lost profits, loss of opportunity of business or business interruption.

You are reminded that We are not parties to the contract for driving tuition itself, which is between You and Your Instructor. This

does not affect any liability that We may have for any loss or damage You may incur which is caused directly as a result of any breach

(including negligence) by them of any legal duty owed by them to You.

Nothing in these Terms and Conditions will affect any statutory rights You may have as a consumer.

14.2 We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are

prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil

government authorities, third party industrial disputes, internal industrial disputes where We have taken the reasonable steps to prevent

the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe

weather conditions.

14.3 We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any

reason We deem necessary.

14.4 Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes

the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel

Your agreement with Us by giving not less than 30 days’ notice in writing to Our address below.

14.5 Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above.

14.6 If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly

or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness,

voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue

in full force and effect.

15. Data Protection Notice

Any personal data you provide will be held securely and in accordance with the Data Protection Act 1998. We will use your personal

data for the purpose(s) for which you have provided it. It may also be used for marketing, offering renewals, research and statistical

purposes and crime prevention.

Your data may be disclosed to regulatory bodies for the purposes of monitoring and/or enforcing compliance with any regulatory

rules/codes.

In the case of personal data, with limited exceptions, you have the right to access and if necessary rectify information held about you

by formal written application to The ON FIRE FOR DRIVING Data Protection Officer, 1 Greenside, Bourtreehill North, Irvine

KA11 1LP

By providing us with your personal data and contact details, you consent to the use of that data and to your being contacted by ON

FIRE FOR DRIVING, by post, telephone, e-mail, SMS or other electronic means, to inform you about products and services which

We consider may be of interest to you.

However you can contact the ON FIRE FOR DRIVING Data Protection Officer at the address above in writing at any time to

suppress some or all ON FIRE FOR DRIVING products and/or communications.

16. Complaints Procedure

16.1 If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved by Your Instructor,

please contact the Customer Support Manager on 07886230492.

16.2 Where the aforementioned Manager is unable to resolve Your complaint to Your satisfaction, You will be entitled to escalate the

matter to Our Customer Care Department by writing to Customer Care at the address below.

16.3 The Customer Care team will use reasonable endeavours to respond to your written query within 10 working days.

16.4 We may record telephone calls for staff training and evidential purposes.

17. Contact

Registered address: ON FIRE FOR DRIVING, 1 Greenside, Bourtreehill North, Irvine KA11 1LP.

18. Law applying to Terms and Conditions

These Terms and Conditions are governed by the Laws of Scotland

The On Fire for Driving Team

Any Questions? Just Ask!