1. Definitions
The Driving School is the Able School of Motoring Limited, (Trade Names include Able2pass and Ableautomatic), whose registered office is at Tickleford Drive, Southampton, SO19 9QP and the registered number is 4345610. The term may also be used to describe franchisees who operate under licence in parts of the country and who employ the partners to provide administrative facilities to them in the course of their own business.
A Pupil is a person who has booked their first driving lesson through the Driving School’s central booking service. Any person who has booked their first lesson directly with an Instructor or has booked via the Driving School but asked to be placed with a particular Instructor OR HAS EXPRESSED A PREFERENCE FOR A PARTICULAR INSTRUCTOR is considered to be a Pupil of the Instructor and not a Pupil of the Driving School.
A Tuition Hour is the unit of time upon which the price of a Driving Lesson is based.
A Driving Lesson is the period of one or more Tuition Hours where practical instruction is to be provided together with the necessary explanations being carried out in a motor car.
The Instructor is a self employed person who has entered into an agreement with the Driving School to provide tuition services to members of the public using our Trade Name and following our Code of Conduct.
2. Introduction
The Driving School works for Instructors as their agent. The Pupil is deemed to have accepted these full Terms and Conditions when taking Driving Lessons and must be in possession of a current driving licence when driving a motor car. The Driving School will not accept responsibility for misunderstandings if a Pupil does not read these Terms.
3. Postponement or cancellation of lessons
You must give us at least two clear working days notice to alter or cancel a lesson or you will be charged. We will give you the same notice otherwise you may claim compensation from us. If a postponement causes cancellation of a driving test, the Instructor will reimburse the Pupil with the lost fee.
4. Postponement or cancellation of driving test
Details about the notice the Driving Standards Agency, (the ‘DSA’), needs to postpone or cancel a driving test are on the letter which will be sent to the Pupil by the DSA to confirm the test. The Instructor will try to advise about cancelling a driving test in time to preserve the Pupil’s right to a refund of the test fee but this cannot always be guaranteed and depends on the Pupil’s progress as they near a test date. Neither the Driving School nor the Instructor accept responsibility for driving tests postponed or cancelled by the DSA. However, advice will be given on how to make a claim if the test has been cancelled at short notice by the DSA.
5. Communication with the Instructor or the Driving School
Telephone messages can be left for the Instructor at the head office of the Driving School. Pupils can also send letters addressed to the Instructor to the head office. All communication received will be date stamped upon receipt. Written notes or recordings of telephone calls may be kept by the Driving School and may be used to investigate complaints or otherwise improve services.
6. Driving Instructors
The Driving School has been promised by Instructors that they shall be legally entitled to give instruction and also be properly insured in any car used by them. Instructor’s documents will be prominently displayed on the tuition vehicle’s front windscreen. Instructors are also required to follow the Driving School’s Code of Conduct and the Driving School’s operating procedures. Any breach of these requirements should be reported to the Driving School at its head office.
7. Change of Driving Instructor
Pupils who book an intensive course will not be eligible to change Instructors. Pupils otherwise wanting to change their Instructor should notify the Driving School. If the Driving School cannot change instructors the Pupil shall be entitled to the return of any unexpired fees paid in advance in accordance with these Terms. When an instructor leaves the Driving School, arrangements will be made for lessons to be conducted with an alternative instructor of the Driving School. Instructors are not allowed to conduct lessons with Pupils for a period of 6 months after their association with the Driving School has ended.
8. Duration and pick up of Driving Lessons
The length of a tuition hour will be set each year by the Driving School and displayed at the head office. It will be assumed that the drop off location at the end of the lesson will be the same as the pick up at the start unless alternative arrangements have been agreed with the Instructor or the Driving School prior to the start of the lesson. Instructors are not bound to make such arrangements.
9. Price and type of Driving Lessons and collection of money
The price of a Tuition Hour and any discounts or special offers available is set each year by the Instructors of the Driving School and displayed at the head office. Pupils’ money is generally held by the Instructor except where payment has been made by credit card directly to the Driving School. Refunds (except credit card refunds) must therefore be obtained from the Instructor although the Driving School will act as your agent to recover a refund if asked. A full accounting of money and lessons is available upon request from the head office or via the pupil account section of the Driving School website at www.able2pass.co.uk (a pupil reference number required and access is password protected). Charges may be incurred to cover credit card transactions and in the event of a dishonoured or represented cheque.
10. The Driving test
The Instructor will advise when to make a driving test application. The timing of a test application requires a degree of professional judgement by the Instructor and no responsibility can be accepted in this regard (see clause 11). No responsibility is accepted for any form lost or any delay in making an application for a test. Pupils who receive an appointment for a driving test must immediately inform the Driving School of the details if they want to reserve the Instructor’s car for the test. If the car is already booked, a change of test date may be necessary.
11. Use of Instructor’s car for driving test
Applications for driving tests are advised when the Pupil’s progress is expected to be maintained and their future co-operation is anticipated. It does not imply that the required standard has been reached nor that it will for certain be attained by the test date. The Instructor, if necessary, will advise postponement or cancellation if the Pupil’s interests and/or public safety will be best served. The Instructor will withhold the use of the tuition car for the driving test if, in their considered opinion, the Pupil has for any reason not reached a satisfactory stage of driving competence. Pupils who undertake an Intensive course or apply for a test at short notice should pay particular attention to this clause.
12. Service
For the purpose of ensuring satisfactory standards it may be necessary for a supervisor to be present in a tuition vehicle during some lessons. Such person will not take any part in the Instructor’s work or duties. While all care is taken to ensure that Pupils receive tuition at the time and in the car booked by them all appointments are made on the understanding that neither the Instructor nor the Driving School will accept liability for the late start or postponement or cancellation of driving lessons due to causes beyond their control. The Driving School reserves the right to change a Pupil’s Instructor without notice.
13. Refunds
Refunds should be requested through the Driving School although there may be a delay in making refunds where the Instructor is holding money that has been paid directly to them. PLEASE NOTE THAT ALTHOUGH THE DRIVING SCHOOL WILL MAKE EVERY EFFORT ON YOUR BEHALF TO COLLECT AND REPAY MONEY HELD BY AN INSTRUCTOR, NO RESPONSIBILITY IS ACCEPTED FOR ANY MONEY NOT PAID DIRECTLY TO THE DRIVING SCHOOL, (such as those payments made by credit card). If a prepayment is made for individual lessons, any refund for lessons not taken and not forfeited will be calculated on the basis that the lessons taken or forfeited are to be charged at the full lesson rate and a reimbursement made of the unused portion of the prepayment, less an administration charge which may be made.
The procedure for intensive courses is slightly different and refunds will be made on the following basis:
– less than 10 working days notice – no reimbursement;
– between 11 and 28 working days notice – 50% reimbursement less administration costs;
– over 28 working days notice – 75% reimbursement less administration costs
14. Gift Vouchers
Gift vouchers are valid for a maximum of 12 months from the date of purchase.
15. Conditions attached to special offers
Individual courses and occasional offers may have special conditions attached to them. Where those conditions exist they will have priority over the Terms as described herein.
16. Complaints
The Driving School will investigate all complaints and respond after having investigated. Complaints should be made not more than seven days after the date which gave rise to the complaint otherwise the matter may not be capable of being properly investigated. Every effort will be made to resolve every complaint but these Terms will form the basis of deliberation. Should the Pupil not accept the Driving School’s recommendation they can contact the Registrar of ADI’s or otherwise refer the matter to the Small Claims Court to recover money held by the Instructor, (see Clause 9).
17. Limit of liability in dealing with Driving Lesson complaints
Any refund resulting from a complaint being upheld will be limited to the value of the Driving Lesson conducted immediately before the complaint was registered. No refund will be given in respect of any lessons that were conducted prior to this.
18. Waiver without prejudice
If the Driving School does not enforce any of these Terms it will not prevent any subsequent enforcement of the Terms. These Terms can only be changed in writing by the partners.
19. Website statistics
For purposes of our website the following special definitions and conditions apply:
i). A lesson is deemed to be “on time” if it is commenced within 15 minutes of the appointed time.
ii). Statistics are calculated from 1st January 2001 unless specified otherwise.
iii). If a website statistic calls upon data that does not exist in a pupil record then that pupil record is not included in the statistic.
iv). Where rounding occurs figures are rounded up.
Code of conduct
1. Personal conduct
Your Instructor will at all times behave in a professional manner towards you. You will be treated with respect and consideration. Your Instructor will try to avoid physical contact with you except in an emergency or in the normal course of greeting. Whilst reserving the right to decide against giving tuition, you will not act in any way which contravenes legislation or discrimination.
2. Business dealings
Your Instructor will safeguard and account for any money paid in advance by you in respect of driving lessons, test fees or for any other purpose and will make the details available to you on request.
Your Instructor on or before the first lesson will advise you of the main Terms and Conditions and will advise you where you can obtain, without charge, a written copy of those full terms which will include:
· the legal identity of our Driving School with a full address and telephone number at which your Instructor or his/her representative can be contacted
· the price and duration of Driving Lessons
· the price and conditions for use of the Driving School car for the practical driving test
· the terms under which cancellation by either party may take place
· the procedure for complaints
The Instructor will check your entitlement to drive the vehicle and your ability to read a number plate at the statutory distance on the first lesson. When presenting you for the practical test your Instructor will ensure that you have all the necessary documentation to enable you to take the test and that the vehicle is road worthy.
Your Instructor will advise you when to apply for your theory and practical tests, taking account of local waiting times and forecast of your potential for achieving the driving test standard.
Your Instructor will not cancel or rearrange a driving test without your agreement. In the event of your Instructor’s decision to withhold the use of the school car for the driving test, he or she will aim to give sufficient notice to you to avoid loss of the DSA test fee.
Your Instructor should at all times, to the best of his or her ability, endeavour to teach you correct driving skills according to the DSA’s recommended syllabus.
3. Advertising
The advertising of driving tuition shall be honest; claims made shall be capable of verification and comply with codes of practise set down by the Advertising Standards Authority. Advertising that refers to any pass rates will not be open to misinterpretation and the basis on which the calculation is made will be clear.
2. Conciliation
Complaints should be made in the first instance to the Driving School following the complaints procedure issued. Failing agreement or settlement of a dispute, reference may be made to DSA’s Registrar of Approved Driving Instructors who will consider the matter and advise accordingly. Should the Registrar not be able to settle the dispute he or she may set up a panel, with representatives from the ADI industry, to consider the matter further or advise that the matter should be referred to the courts or other statutory body to be determined.
6. For further information or advise write to:
The ADI Registrar – Driving Standards Agency
Stanley House
56 Talbot Street
Nottingham
NG1 5GU
Telephone 0115 901 2500
1. Application
The Able School of Motoring Limited is a UK based driving instructor franchisor. We are committed to protecting your privacy and this privacy policy covers our website at www.able2pass.co.uk. Specifically:
1. You can access our web site and browse without providing data although your IP address is used to gather broad demographic information.
2. Our PUPILS section enables existing pupils t access their own records online and to cancel or make new lesson appointments.
3. Our web site gives you a list of the services we provide and the prices we charge for those services.
4. Our web site contains links to other relevant web sites.
2. Data collection and purpose specification
We can take bookings and accepts cancellations over our website for existing pupils who are registered with us and we need to know your postcode to give you lesson prices if you are a potential new pupil. If you contact us by e-mail we will ask for your e-mail address. An amount of data may be retained by us in connection with these facilities.
3. Children and privacy
Our website does not target and is not intended to attract children under the age of 17. We do not knowingly solicit personal information from children under the age of 17 or ask them for personal information.
4. Third party sites
Our website contains links to other sites. We do not share your personal information with those websites and we are not responsible for their practices. We encourage you to learn about the privacy policies of those companies as such sites may collect personal data about our visitors.
5. Automatic collection of information and disclosure
We do not use cookies to store personal data about specific individuals and we do not disclose your personal data to other organisations.
6. Changes to this Privacy Policy
Changes will amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.