1. About us and these Terms and Conditions

1.1. These Terms and Conditions apply to all driving tuition including intensive driving courses provided by a DVSA Approved Driving Instructor.

1.2. “You” means the pupil named in the Booking Confirmation letter. Tuition is personal and specifically tailored to your requirements and cannot be transferred to or used by anyone else (see clause 8.2).

1.3. Please read these Terms and Conditions carefully before paying your Deposit. They explain in particular, when payments are non-refundable. Please ask us about anything that is unclear before you book.

1.4. Nothing in these Terms and Conditions affects your statutory rights as a consumer including your rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.

2. Meaning of words used.

2.1. In these Terms and Conditions:

(a) “Booking Confirmation” means the attached Booking Confirmation letter in the email we send you confirming your Intensive Training Days, the Fees and the Deposit (including any updated / amended version we send if your Training Days change);

(b) “Course” means the driving tuition described in your Booking Confirmation letter, made up of one or more Training Days;

(c) “Training Day” means a day of tuition on the date(s) set out in the Booking Confirmation;

(d) “Fees” means the price for the Course stated in the Booking Confirmation letter,
calculated at our published hourly rate (currently £ [ ] per hour or day rate);

(e) “Deposit” means the advance payment stated in the Booking Confirmation letter, being 25% of the Fees for the relevant booking;

(f) “Balance” means the Fees less the Deposit;

(g) “working day” means any day in the month (note that the DVSA counts Saturdays as a
working day).

3. Your booking and when a contract is formed

3.1. You can ask to book a Course by email, telephone, text or through our website. We will send you a Booking Confirmation letter – with a copy of these Terms and Conditions attached – setting out your proposed Assessment / Training Day(s), / Test-day including the days, dates, times and location pick-up points, the Deposit fee that is due in 3 days to secure the course, and the Balance due 21 days before the course starts.

3.2. A binding agreement between you and us (the “Agreement”) is formed when you pay the Deposit. By paying the Deposit you confirm that you have received, read and accept these Terms and Conditions and are bound by them. If we ask, you must also confirm your acceptance in writing (you are to sign for them on the first day of training – see the Schedule).

3.3. If Training Days are later added, removed or rearranged by agreement, we will send an updated / amended Booking Confirmation letter, which replaces the previous one from the date it is sent. If there is any inconsistency between the Booking Confirmation and these Terms and Conditions, the Booking Confirmation applies.

4. Your 14-day right to cancel (distance bookings)

4.1. If we do not receive the deposit within three clear working days, the Booking Confirmation letter detailing your course days, dates, times and pick-up location you agreed to will be cancelled.

4.2. To cancel, just tell us clearly in writing before the Cancellation Period ends – an email to info@msbgdrivingschool.co.uk is enough. 4.3. Once the Cancellation Period has ended, clauses 8 and 14 govern cancellation.

5. Licence, eyesight and fitness to drive

5.1. You must hold a current and valid Great Britain or Northern Ireland provisional or full driving licence and be legally entitled to drive in the UK. You must bring your licence to every Training Day and to any driving test; your instructor will check it on the first Training Day and tuition cannot be given without it.

5.2. You must be able to read a vehicle number plate from 20 metres (20.5 metres for an
old-style plate), with glasses or contact lenses if you need them. Your instructor will check this at the start of the Course.

5.3. You must tell us, before the Course and before each Training Day, about anything that may affect your fitness or legal entitlement to drive on the day, including any medical condition notifiable to the DVLA, any medication that may impair driving, or any pending or actual disqualification. You must not attend for tuition under the influence of alcohol or drugs. If there is cause to believe that you may be under the influence on any day, that day will be cancelled and the fee for that day will be charged.

5.4. If tuition cannot lawfully or safely be given on a Training Day because you have not complied with this clause 5 (for example, a licence not produced on the first day or any subsequent day, eyesight below the legal standard, or unfitness to drive), the instructor will cancel that day’s tuition.

6. Health learning needs and reasonable adjustments.

6.1. For pupils with disabilities, learning differences and other additional needs, we will make reasonable adjustments to the way tuition is planned and delivered.

6.2. So that adjustments can be planned properly, please tell us when you book – or as soon as you become aware – about any disability, learning difference, neurodivergence, or physical or mental health condition that may affect how you learn or drive. We will treat this information sensitively and use it only as described in clause 18.

6.3. Where a need is disclosed (which would have been asked in the initial opening emails and before booking), we will discuss it with you before booking a course. We will confirm the agreed adjustments to you in writing and keep them under review during the Course. 6.4. If at any time you feel that the tuition, or the agreed adjustments, are not working for you, please tell your instructor straight away – during the lesson or as soon as possible afterwards. Most difficulties can be put right quickly once they are raised, and we would always rather adjust our approach than have you struggle in silence. 6.5. Nothing in these Terms and Conditions limits our duties, or your rights, under the Equality Act 2010.

7. Fees, Deposit and payment

7.1. The Fees the Deposit and the payment dates are stated in your Booking Confirmation. Once a Course is booked, its Fees will not be increased, except that where you book a Course starting more than 6 months ahead, we may increase the Fees in line with any increase in our published hourly rate. If we do, we will tell you in writing at least 30 days before the increase takes effect. If you do not wish to pay it you may cancel and we will refund everything you have paid including the Deposit.

7.2. The Deposit is payable on booking and secures your Training Days, which are then reserved exclusively for you and refused to any other pupils. The Deposit contributes to your held training course days and our booking administration and the costs of holding your dates. The Deposit is non-refundable except where you cancel within the 14-day period under clause 4 or we cancel under clause 9.3.

7.3. The Balance must be paid by bank transfer in cleared funds no later than 21 days before the start of your first Training Day or, where Training Days are booked in separate blocks, no later than 21 days before the first day of each block (or less, if the block booking was made within the 21-day period), as set out in the Booking Confirmation. We will send you a receipted invoice for every payment we receive.

8. If you cancel (after the Cancellation Period)

8.1. We plan our diary weeks and sometimes months ahead, and once your Training Days are booked, we turn other pupils away for those dates, as these dates are specifically for your Intensive driving course Training Days and Test-day. If you have not achieved the DVSA driving test standard the day before your test you will not be entitled to a refund for that day. You are to continue the training and use up the hours on the test day.

8.2. Rescheduling instead of cancelling: you may not be able to move any Training Day to another date (see clause 1.2).

9. If we cancel, cut short or are late.

9.1. We may need to cancel, postpone or shorten a Training Day because of instructor illness, vehicle breakdown, weather which the instructor reasonably judges unsuitable or dangerous (for example ice, flooding or high winds), or another event outside our reasonable control. We will tell you as soon as reasonably possible.

9.2. Tuition time lost under clause 9.1, or because your instructor arrives late, will be made up at no extra cost to you – where safe and practical at the end of a Training Day, or otherwise on another date agreed with you.

9.3. If we cancel the whole course before it starts and cannot offer a replacement course that is reasonably acceptable to you, we will refund what you have paid for that course.

9.4. Where a Training Day is cancelled for reasons outside our reasonable control, we are not responsible for costs which are not part of the Fees (for example travel, accommodation or loss of earnings). This does not limit our responsibility under clause

10. How refunds are paid

10.1. Any refund due under these Terms and Conditions is paid within 14 days of the date the entitlement arises.

10.2. Refunds are paid by bank transfer to the account from which payment was made, unless you nominate a different account in writing, and are paid to you unless you direct otherwise in writing.

10.3. If we make any deduction from a refund, we will explain the deduction in writing at the time. These are for an administration cost of £30.00.

11. Training Days, punctuality and mutual respect

11.1. Tuition is one-to-one, in a clean, well-maintained car fitted with dual controls etc. and insured for driving tuition. Intensive course days normally run from 09:00 to 16:00 and include two half-hour rest breaks, which are not charged to you; further short breaks can be agreed on the day, and we would rather pause than press on if you become fatigued.

11.2. Please be punctual, and wear flat, thin-soled footwear and clothing that does not restrict movement. Your instructor will wait 15 minutes at the agreed pick-up point and will try to contact you. If you have not arrived and cannot be reached, the session is treated as a NO SHOW, where you will be charged for the whole day. If you arrive late, the time lost may be deducted from that session.

11.3. We will treat you with patience, courtesy and respect at all times, and we ask the same of you and of anyone who contacts us on your behalf. Threatening, abusive or discriminatory words or behaviour may lead to a lesson being ended early and, in serious or repeated cases, to the Agreement being ended under clause 14.3.

12. Safety and control of the vehicle

12.1. Your instructor is responsible for the safety of the vehicle and everyone in and around it. The instructor may use the dual controls, give safety instructions, and stop, shorten or end a lesson where in the instructor’s reasonable opinion continuing would be unsafe. Use of the dual controls is a normal part of learning to drive and is not a criticism of you.

12.2. If a lesson is shortened or ended for safety reasons caused by your breach of clause 5 or conduct described in clause 14.3, the time lost is dealt with under those clauses. If a lesson is shortened for any other reason connected with your wellbeing (for example, you feel unwell or fatigued), we will discuss it with you and possibly reschedule the lost time where we reasonably can.

13. Driving tests

13.1. You book and pay for your own DVSA theory and practical tests. Please discuss dates, times and test centres with your instructor before booking a practical test: we cannot guarantee that the instructor and car will be available for a test booked.

13.2. DVSA test fees are paid to the DVSA and we cannot refund them. DVSA rules currently require at least 10 full working days-notice to change or cancel a car practical test without losing the test fee.

13.3. Use of our car for your practical test is subject to the following: if your instructor deems that you are not competent to pass the practical test, this will be discussed with you, including your mock tests and the results, which will factor in the reason for not allowing you to use the driving school car for the test. On a short course there may not be time to move your test without losing the DVSA fee and we are not responsible for a fee lost where we have told you as soon as we reasonably could. Use of the car for your test is also subject to the conditions of our insurance and your Fees being paid up to date.

14. Ending the Agreement early

14.1. You may end the Agreement within the Cancellation Period under clause 4.

14.2. Not the right fit. If, after the process in clause 6 (or otherwise after a fair discussion between us), either of us reasonably concludes that the tuition relationship is not working – for example because our teaching style and your learning needs are not a good match – either of us may end the Agreement by written notice. We will refund all the training not delivered. If you end the Agreement other than under this clause, the remaining balance is non- refundable. If you cancel the Agreement there would be an administration fee of £30.00.

14.3. Serious misconduct. We will terminate the Agreement immediately for any act of violence, threats, harassment, being under the influence of alcohol or drugs, or use of discriminatory words. We will write to you after the session and give the reason why we will not continue your training. You will be refunded for the days not spent or used in the Agreement letter that was sent to you in PDF format.

15. Our responsibility to you

15.1. We will provide your tuition with reasonable care and skill, as the Consumer Rights Act 2015 requires. If we do not, the law gives you remedies which nothing in these Terms and Conditions takes away.

15.2. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited, including your statutory rights as a consumer.

15.3. Subject to clause 15.2, we are not responsible for:

(a) loss or damage not caused by our breach of the Agreement or our negligence;

(b) loss or damage that was not reasonably foreseeable to you and us when the Agreement was made;

(c) losses connected with a business, trade or profession; or

(d) DVSA test fees, travel, accommodation or loss of earnings, except where the loss results from our breach of the Agreement or our negligence (and see clause 13.3).

15.4. Property you leave in the vehicle is your responsibility, except where loss or damage is
caused by our negligence.

16. Insurance

16.1. The tuition vehicle is insured for driving tuition and for use in practical driving tests. Any claim arising from an accident is dealt with under the terms of the insurance policy in force at the time. This clause does not limit our liability under clause 15.

17. Fines and offences.

17.1. While you are driving, you are responsible as the driver for complying with the law, and you must pay any fine, fixed penalty or charge imposed on you as the driver. If a penalty or charge is imposed on us because you disregarded the driving instructor’s or DVSA examiner’s direction, you must reimburse our reasonable resulting cost; we will show you the penalty and explain the circumstances in writing before asking you to pay.

18. Your personal information and the dashcam

18.1. We collect and use personal information about you – your name and contact details, licence details, payment records, training records, and any health or learning-needs information you choose to share under clauses 5 and 6 – only to plan and deliver your
tuition, to meet legal and insurance obligations, and to keep proper business records. Health and learning-needs information is used only to plan your tuition and adjustments, is kept confidential, and is processed on the basis of your explicit consent, which you may withdraw at any time.

18.2. The tuition vehicle is fitted with a forward and rear facing dashcam. It records the
roads only, for road-safety and insurance purposes. It does not record audio or the inside of the car, and footage is not used to assess pupils or tuition. Footage records over itself on a continuous loop and is kept longer only where needed for an accident, an insurance claim or a legal requirement.

18.3. You have rights over your personal information under the UK GDPR and the Data Protection Act 2018, including the right to ask for a copy of the information we hold about you. To exercise any of your rights, email info@msbgdrivingschool.co.uk. If you are unhappy with how we handle your information, you may complain to the Information Commissioner’s Office (ico.org.uk).

18.4. We keep booking, payment and training records for up to 6 years after your Course ends (for tax purposes and in case of legal claims) and then securely delete them.

19. Complaints and resolving disputes

19. 1. If you have any concerns or wish to make a complaint, you should raise the matter directly with your instructor, face to face or by telephone, in the first instance. If something is not right, please tell your instructor at the time if you feel able to – most concerns, including about teaching style or pace, can be put right on the spot or at the next lesson (see clause 6.4).

19.2. Otherwise, or if a concern remains, please email your complaint to info@msbgdrivingschool.co.uk, ideally within 14 days of the event, explaining what happened and the outcome you are looking for. We will acknowledge your complaint within 3 working days and give you a full written response within 14 days of receiving it.

19.3. If we cannot resolve a dispute between us, we are willing to consider alternative dispute resolution, such as mediation, before court proceedings are issued. You can also seek free advice from the Citizens Advice consumer service, and concerns about an
instructor’s professional conduct may be raised with the DVSA, which regulates approved driving instructors. We follow the DVSA’s mandatory / voluntary code of practice for ADIs and are a member of the Driving Instructors Association.

19.4. Using our complaints procedure does not remove your right to take court action, and nothing in these Terms and Conditions prevents either of us from doing so.

20. Other important terms

20.1. Your Booking Confirmation letter and these Terms and Conditions contain everything we have agreed about your Course. If we agree anything different or additional, we will confirm it in writing. This clause does not exclude or limit any liability for misrepresentation.

20.2. We may update these Terms and Conditions from time to time for future bookings. The version you accepted when your Booking Confirmation letter and Agreement were formed is the version that applies to your Course; a change will apply to an existing Booking Confirmation letter and Agreement only if the law requires it or you agree to it in writing.

20.3. Each clause of these Terms and Conditions operates separately. If a court or other authority decides that any of them is unlawful or unenforceable, the remaining clauses stay in full force.

20.4. If we do not insist on a right under these Terms and Conditions straight away, we can still insist on it later.

20.5. The Agreement is between you and us only; no other person has any rights under it (see clauses 1.2 and 8.2).

20.6. These Terms and Conditions with the Agreement are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

Schedule: –
On the first day of your training you will be asked to sign in acknowledgment that you have read and agreed to the Terms and Conditions. If you have not read them, a copy will be available to read.