Cook Driver Training Perth Lesson Terms and Conditions.
Introduction
The following terms and conditions represent the basis upon which I (Derek Cook T/a Cook Driver Training Perth) offer driving lessons and courses to you (the student).
1. General conduct
I will be courteous, polite, tidy and punctual. I will behave in a professional and ethical manner at all times. My training car will be well maintained, clean and tidy (weather permitting). My car is fitted with dual-controls and is fully insured for driving tuition purposes. I will not smoke in the training car at anytime, nor will I use your lesson time for any other form of business, personal or otherwise without your expressed permission.
2. Qualifications
I am legally authorised to give driving tuition in the UK by the Driver and Vehicle Standards Agency (DVSA).
3. Driving Licence and eyesight
You must hold a current, valid driving licence (provisional or full), which must be produced on or in advance of our first driving lesson. You must prove your entitlement to drive and provide me with a licence check code prior to our first driving lesson. You must also check that you can read a number plate at a distance of 20.5 metres (i.e. 67 feet - about 5 car lengths) with prescribed visual aids (i.e. contact lenses or glasses) if normally worn. Please note if you need contact lenses or glasses to achieve this you must make sure you wear them on every driving lesson.
4. Safety, comfort and well being
Safety is a shared responsibility as identified below:
In the interests of comfort and safety you are advised to wear suitable footwear and clothing which does not restrict movement or which is inappropriate, distracting or could lead to embarrassing situations.
It is important you act responsibly at all times and give your undivided attention to the driving task at hand. Should anything be distracting you during your lesson it is important that you make me aware of this fact even if it is something I am doing. Similarly if you are feeling uncomfortable or uneasy about any driving task please let me know. I will be grateful for your feedback and I will think no less of you for doing this.
In an emergency situation it is important you follow my instructions and allow me to take control of the steering wheel if necessary to avoid an incident. I may also need to make use of the dual controls (i.e. brake and or clutch pedals) and thus override your use of them. As soon as it is safe to do so I will advise you of why my actions were necessary and help you to calm down if required. Any subsequent discussion will focus on what can be learnt rather than who was to blame.
I will do my best to deliver any instructions or take any actions (even in an emergency) in a calm and measured manner so as not to alarm you or make you feel uncomfortable or disheartened in any way. I will definitely not shout at you or make any sarcastic or derogatory remarks.
You can be assured I will not use improper language or suggestive behaviour and/or physical contact.
You must take note of any medication you are taking which may affect your ability to drive safely and advise me accordingly before taking any lesson booked. Similarly, you should inform me of anything you feel might impact on your ability to undertake the proposed lesson safely.
In the event it becomes apparent you are unable to concentrate due to illness, tiredness, or your emotional state of mind I reserve the right to terminate the lesson early or require your agreement to choose an alternative learning activity which can still be undertaken safely.
5. Driving under the influence
To ensure the safety of you and other road users I reserve the right to cancel any lesson if you are or if I suspect you are under the influence of drugs, legal highs and/or alcohol (prescribed or otherwise). If this occurs the full training fee for the period in question will be lost or charged.
6. Lesson postponement
You will lose, or be required to pay for, any lessons booked in my diary which are postponed or cancelled by you giving less than 48hrs notice, if I am unable to obtain new replacement work for those appointment time(s). However, I reserve the right to postpone lessons if I consider the weather or road conditions to be unsuitable or dangerous. Unfortunately, I cannot be held responsible for any costs incurred as a result of me having to postpone any lessons, for whatever reason.
7. Punctuality
In your own interests you are advised to be punctual for your lesson appointments.
I would normally wait for you for a maximum of 15 minutes before the lesson would be abandoned and the lesson fee forfeited or become due for payment. A reciprocal waiting time may become necessary if I am delayed due to unforeseen circumstances. I will make up any lesson time lost as a result of this at the end of the normal lesson time or as soon as possible.
8. Payments
You are required to make payment for the course or the driving lessons in advance of the training. To book a course, a 50% deposit or the full course fee (if the course start date is within 4 weeks of the booking date) is required.
The deposit or any subsequent training fees paid are not refundable in the event you decide to cancel the training once the booking has been accepted by me and placed in my diary. At this point a binding agreement is made between yourself and me. This does not in any way affect your statutory rights to be provided with the goods and services you have bought (please see term 13).
10. The Driving Test
Bookings
Driving tests can be booked by you, me on your behalf. Driving test bookings always take priority over other lessons. Therefore, your lesson may be postponed to allow for someone else's driving test and vice-versa. Changes to lesson bookings as a result of this will be notified immediately. Test appointments must be notified to me as soon as they are known to you, otherwise I cannot guarantee to provide a vehicle for the test or any lessons just prior to it.Use of the vehicle
In the interests of customer and public safety I reserve the right to withhold the use of the training car for the test if, in my opinion, your driving is actually or potentially dangerous - behaviour which if repeated on the test would result in a test failure.Test cancellation
Three clear working days (Sundays and public holidays don't count as working days) notice of test cancellation or postponement is required by the DVSA. Therefore to cancel a test booked for a Friday you need to do this online no later than the preceding Monday thus giving three clear working days (i.e. Tuesday, Wednesday and Thursday). Failure to provide the required notice will result in the loss of your test fee. I cannot be held responsible for any postponement or cancellation of tests by you or the DVSA. However, I will do all that is possible to arrange another test as quickly as possible and to help you to reclaim expenses from the DVSA if appropriate.
12. Your statutory rights
Nothing in these terms and conditions will reduce your statutory rights relating to faulty goods or services provided. I have a statutory obligation to provide you with goods and services fit for the purpose for which they were bought and as described. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizen's Advice Bureau.
13. COVID-19 Safeguarding Measures
Please note while COVID-19 remains a threat I will also require you to abide by the supplementary terms and conditions of service.
To safeguard you, myself and my other students while COVID-19 remains a threat it will be necessary to abide by the following additional terms and conditions. These terms and conditions are designed to help reduce the risk of contracting or transmitting the virus while taking driving lessons. Where there is any conflict between my standard terms and conditions of service and those listed below, these take precedence.
1. What are the risks of contracting COVID-19
COVID-19 is an extremely contagious disease that can lead to severe illness and in some cases death. I will do my best to minimise the risk to you by sanitising those surfaces that you might touch and by ventilating the car whenever possible before each lesson. Due to the fact we will not be able to observe the 2 metre social distancing rule while in the car, and because we will be operating in a confined space used by a number of different people, I am unable to guarantee you will not be infected by COVID-19 during your driving lessons.
2. Accept full responsibility should you or a member of your household become infected
By undertaking driving lessons with me you are agreeing to
accept full responsibility (except where I am negligent) for any loss, cost or expense you might incur should you contract COVID-19 or pass it on as a result of taking driving lessons with me
not take any action against me to recover any such loss, cost or expense.
3. Consider whether you or a member of your household might be particularly vulnerable
If you or any persons you are likely to be in contact with are at risk of having a severe form of the illness as a result of being infected by COVID-19 (e.g. senior citizens, pregnant women and those with underlying medical conditions) please consider very carefully whether you should be taking a course of driving lessons at this point in time.
4. Immediately let me know if you or any members of your household have been exposed to serious risk of contracting COVID-19, tested positive for it, advised to self-isolate or shown symptoms of it.
If you know you may have potentially been in a situation where you or any member of your household may have contracted COVID-19, been tested positive for it, advised to self-isolate (e.g. NHS Test and Trace or equivalent) or shown symptoms (see below) it is vital that you let me know as soon as possible. Please note, I do not need personal details of any individual to whom this may relate.
COVID-19 symptoms include:
a high temperature (38C or above)
a new, continuous dry cough
unexplained loss or change to your (or their) sense of smell or taste
This list is not exhaustive. For the latest information please refer to the Government guidelines or refer to https://www.nhs.uk/conditions/coronavirus-covid-19/check-if-you-have-coronavirus-symptoms/
Without charge to you this will help me to decide whether it will be necessary to postpone any future lessons until it is safe to continue based on the latest Government guidelines. Should I discover you could have given me more notice of this I reserve the right to charge you for any driving lessons postponed.
5. Be prepared to answer truthfully any questions I might ask before any driving lesson about potential COVID-19 exposure or symptoms
I may need to ask you questions about whether you have been in contact with people:
who might be infected (e.g. advised to self-isolate) or
who might have recently returned from abroad or
who you know are definitely infected or
who are particularly vulnerable to a severe form of the COVID-19 illness (also see 3 above).
I will also need to ask you about whether you or indeed anyone else in your household have experienced symptoms (see 4 above). In this regard I may need to take your temperature using a non-contact thermometer. Please note I do not need personal details of any individual to whom the above may relate.
Without charge to you, I reserve the right to postpone the lesson if I suspect you may have symptoms consistent with being infected by COVID-19 or have been seriously exposed to it until it is safe to continue based on the latest Government guidelines. Should I discover you could have given me more notice of this information I reserve the right to charge you for any driving lessons postponed as a result.
6. Reciprocal information about me and the need for action regarding points 4 to 5
I will inform you if I suspect I or anyone in my household have:
been exposed to a serious risk of contracting COVID-19 or
tested positive for COVID-19 or
exhibited symptoms of COVID-19 infection or
been advised to self-isolate.
If so, I may need to postpone your driving lessons (including attending any driving test) and self-isolate, based on current Government advice, for at least 14 days or indeed longer in the case of a severe infection. In this instance any scheduled lessons would be carried forward until I was in a position to resume training.
7. Wear a face covering or mask during the lesson
The wearing of a face covering or mask is recommended if social distancing is not possible. Therefore, I will require you to wear a face covering or mask during the lesson. Please bring your own face covering or mask, which should be one that you feel comfortable wearing. This must not interfere with your ability to drive safely.
Please notify me at least 48 hours prior to any driving lesson if you do not have a suitable face covering or mask. I may be able to supply a disposable mask or a reusable mask at an additional cost. I reserve the right to postpone the lesson in this situation without charge. However, should insufficient notice be given and you turn up for a lesson without a suitable face covering or mask I also reserve the right to postpone and charge for the lesson.
8. Endeavour to properly wash your hands and face just prior to each lesson
If at all possible, please wash your hands and face thoroughly with soap and water for 20 seconds immediately prior to attending a driving lesson. I will still require you to sanitise/wash your hands, after fitting a face covering or mask and prior to entering the car, using a suitable product that I will supply for this purpose. If you can not do this for medical reasons you may be required to wear suitable gloves instead. I will also make sure my hands are clean or suitably gloved as the case may be. At certain intervals it may be necessary for you to re-apply hand sanitiser or wash as I direct.
9. Avoid having to bring any extra objects to the driving lesson
Please be mindful not to bring any objects with you that may potentially be a carrier for COVID-19, if at all possible. You can bring your phone with you provided it is switched off and can be kept on your person. Anything that cannot be kept on your person will need to be placed in a plastic bag or container provided by me for this purpose and returned to you at the end of the lesson.
10. Avoid paying in cash
If you do bring cash, make sure it is the precise amount that is needed to pay for the lesson or lessons you want to purchase. I will ask you to drop it into a bag or container that I will keep for this purpose. The best way to pay for my service is to pay via online banking direct into my account. Please consult with me for other options.
11. Car ventilation
It is known that COVID-19 transfer is reduced in open spaces therefore I may ventilate the car by keeping some of the windows open during the lesson. If this is not practical, I will endeavour to ventilate the car between lessons.
The safety of my customers is of paramount importance to me and below is an overview of the COVID-19 safeguarding measures I have introduced to help reduce the risk of transmission of the virus during your driving lessons with me.
WHAT I WILL DO
This is what I will do to help reduce the risk of potential COVID-19 transmission:
Clean what we touch
Before each lesson I will sanitize those parts of the interior and exterior of my vehicle which may be touched by me or you. This will help to destroy any virus particles on those surfaces which may be touched during the lesson.
Occasional deep clean
Weekly, I will give the interior of the vehicle a deep clean to remove any possible active virus particles and Treat the with “Zoono” a 28 day protection against viruses.
Keep my hands clean
I will make sure my hands have been sanitised before meeting with you, upon entering the vehicle and periodically after touching any surfaces where the virus may reside.
Ventilate car as best I can
If for some reason we haven't been able to keep the car well ventilated during the lesson I will ventilate it before the next lesson. This will help to remove any virus particles that may still be airborne in water vapour not stopped (or deflected) by the wearing of a face covering or mask. Well ventilated outdoor areas are known to dramatically reduce the risk of airborne water vapour transmission therefore the more we can create a similar environment inside the car the better.
Inform you of any COVID-19 exposure/symptoms
If I suspect that I may have been seriously exposed to contracting the virus from others or are suffering from symptoms associated with being infected such as:
a high temperature,
a new continuous dry cough or
unexplained loss or change to my sense of smell or taste.
I will let you know as soon as possible and suspend lessons.
Wear face covering, mask or visor
To help to reduce the potential transmission of the virus from me to you I will wear a face covering in the car for as much of the time as it is possible or safe to do so. The face covering will help to trap most of the water vapour as I breathe out or deflect it so it remains local to me rather than projected towards you. Good ventilation will also help disperse any such water vapour out of the car.
WHAT I NEED YOU TO DO
This is what I need you to do to reduce the risk of potential transmission:
Inform me of any COVID-19 exposure/symptoms
Let me know as soon as is possible if you may have been seriously exposed to contracting the virus from others or are suffering from symptoms associated with being infected such as
a high temperature,
a new continuous dry cough or
unexplained loss or change to my sense of smell or taste.
Wash hands and face
Thoroughly wash your hands and face with warm soapy water before we meet if at all possible. Soap applied for about 20 seconds is known to destroy virus particles that maybe on your skin.
Avoid handshake/physical contact
Avoid the usual welcome handshake or any physical contact with me if possible.
Keep distance
Keep a distance of around 2 metres while outside of the car.
Avoid unnecessary objects
Avoid bringing any unnecessary objects with you, if possible, so as to limit the surfaces that may contain the virus in the car.
Avoid cash payments
Avoid paying in cash if possible use direct bank transfers or other means.
Wear face covering or mask
Put on a face covering or mask just prior to sanitizing your hands ready to enter the car to start your driving lesson.
Sanitize hands on entry
Sanitize your hands after putting on your face covering or mask ready to enter the car to start your driving lesson.
Avoid touching
Try to avoid touching any non-sanitised skin, your hair, your eyes or the face covering/mask you are wearing during the lesson if possible.
Cover up coughs or sneezes
Sneeze or cough into your elbow or tissues if you have time. Then carefully store any used tissues in a plastic bag.
Re-sanitise hands as required
I may require you to occasionally re-sanitize your hands but I will explain why this is necessary at the time.
Prepare for extra ventilation
To improve ventilation the windows may be opened and you may need to wear extra clothing, particularly on cold days.
To accommodate this new way of working I have updated my standard Terms and Conditions and my Privacy Notice. I have also introduced a new set of specific COVID-19 Safeguarding Terms and Conditions to formalise these measures. Please take the time to read these documents.
My GDPR Notice in connection with the services I provide
This privacy notice has been produced to help you understand why I, require to obtain/store your personal information, how it will be used, who it might be shared with and how long it might be kept. The notice will also remind you of the rights you have under the General Data Protection Regulations (GDPR). Where the information is not necessary to deliver the services you require from me it may be necessary for me to obtain your consent to either collect such information in the first place or use it for other purposes than you would legitimately expect.
Below is a list of the Personal Information I may collect and how it will be used:
1. With your consent, I may need to keep your credit/debit card details for the purpose of receiving payment from you for my services or products. This information will be stored in a secure manner to ensure your Personal Data rights are not breached until such time as you cease to use my services or expressly require me to erase/destroy such information if sooner. In either case the information will be disposed of in a secure manner.
2. I will need to keep written and secure digital records of all payments made, lesson appointments booked and lessons delivered for the purpose of maintaining accurate accounting records as is legally required of me for 6 years. At that point the accounts records and any supporting personal information will be disposed of in a secure manner. This information will be held in my paper-based/digital diary, my paperbased Student Record System and my accounts sales day book.
3. I will require your name, address, email address, telephone number(s), date of birth and provisional driving licence details for the purposes of:
Providing my services as a driving instructor so that I may contact you or find you or give you access to the online services I provide in legitimate pursuit of this role until my services are no longer required by you. Such information will be recorded in my paper-based Student Record.
Booking either a Theory or Driving Test on your behalf and to provide you with other ancillary services the contents of which can be erased by you at any time. Providing you with promotional offers in relation to my business with your expressed permission until you otherwise remove such consent.
Maintaining accurate accounts records as is legally required of me for a period of 6 years (see point 2).
5. I will hold records of your test failures and passes noting where the driving faults occurred on your test report in my paper based Student Record System so that I can monitor my own personal performance in this regard.
6. With your consent, upon passing the driving test I would like to take a photograph of you and a written review for the purposes of promoting my services on various secure digital platforms and written media with your expressed permission until you otherwise remove such consent. Please note on social media I cannot prevent this review/photo from being shared or copied by others but I would quickly delete all copies on such platforms under our control if you so request.
7. I may need to pass on your contact details to the NHS Test and Trace Service (Test and Protect in Scotland, and Test, Trace, Protect in Wales) if they need to know who else may have potentially been infected by COVID-19 as a result of being in my vehicle around the same time the person of interest was potentially infectious.
Any personal information not disposed of as stated above will be securely destroyed following 6 years from being received unless you have consented to enable me to retain it for longer.
8. Should I use a dash cam in my training vehicle it would normally be to aid your learning as part of the driving lesson and/or to support any insurance claim I may need to pursue in the event of an incident. Should I need it for any other purpose I would seek your written consent in this regard beforehand. If cameras are fitted clear signage will be on the exterior and interior of my training vehicle. Outward facing cameras record outside of the vehicle and inward facing cameras record primarily what is taking place in the front two seats. If I have a dash cam fitted I will inform all of my customers of this fact. New customers will be informed before their first driving lesson. If you are not happy about cameras recording you do have a right to ask for the interior facing cameras to be turned off during your lesson time. Audio will only be recorded if it aids you and your learning otherwise the camera will be muted. Once you are no longer my customer I will delete any video footage of your lessons within 30 days unless I have your written permission to use them beyond this date for the stated purposes we then agree. I may keep footage for as long as it may be required by my insurance company in support of any actual insurance claim.
If you want to make a complaint about the way I have processed/used your personal information, you can contact the Information Commissioner’s Office ICO, as the statutory body in the UK which oversees data protection law, by visiting: www.ico.org.uk/concerns