1.1. In these terms and conditions (the “Conditions”), “We” v “Us,” or “Our” means The Pass Team.
1.2. The Pass Team is incorporated and registered in England and Wales with company number 2174176, whose registered office address is in Manchester.
1.3 “You” or “Your” means you, the customer.
1.4. 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 lesson tuition from Us.
1.5. Your Driving Instructor and we reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions.
2.1. The Pass Team offers driving lesson tuition with a The Pass Team Instructor (“Your Driving Instructor”).
3.1. Your Driving Instructor is one of Our self-employed franchisees whose relationship with Us is governed by a franchise agreement. No contractual liability shall arise or subsist between You and Us. We will assist You with Your requirements. All of Our Driving Instructors are licenced to carry on business as driving instructors and have obtained such licences from the Driving Standards Agency, which is an executive agency of the Department for Transport
4.1. Lesson Tuition is only available to persons who meet the following criteria:
4.1.1. Aged 17 or over (or aged 16 if in receipt of the higher rate element of the disability living allowance) and
4.1.2. Who holds a valid UK provisional driving licence (“Licence”) and
4.1.3. Who is legally entitled to drive in the UK?
4.2 Your responsibilities.
4.2.1. It is Your responsibility to ensure that You have the appropriate Licence, and the Licence must be presented to Your Driving Instructor prior to the commencement of Your tuition.
4.2.2. Your Instructor reserves the right to refuse to provide You with lesson tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence before Your First lesson.
4.2.3. Your lesson tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging your lessons' date, time, pick-up location and duration.
4.2.4. You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly concerning matters affecting Your health and safety or the health and safety of others.
4.3 Your Driving Instructor’s Responsibility.
4.3.1. Provide You with lesson tuition at the hourly rate communicated to You from time to time;
4.3.2. Recommend what are, in their opinion, the most appropriate training methods and aids to help You study for Your theory and hazard perception test;
4.3.3. Design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical test;
4.3.4. Provide You with lessons which will last one hour or such other duration as You and Your Instructor will agree in advance;
4.3.5. Provide a presentable, modern, properly maintained and dual-controlled The Pass Team branded car for each lesson;
4.3.6. Recommend, where appropriate, advanced courses to help You develop Your skills for; motorway driving, driving in extreme weather conditions and Pass Plus;
4.3.7. Give relevant feedback during Your lesson and record Your development in Your acclaim “On the Move” training record at the end of each class;
4.3.8. 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;
4.3.9. Provide training on a one-to-one basis with no other learner in the car;
4.3.10. Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of Your lesson.
4.3.11. At all times, conduct themselves in a professional manner, including;
iii. not smoking during Your lessons. restricting mobile phone use to emergencies or for Your benefit;
4.3.12. Reserve the right to cancel a lesson or finish a lesson early on the grounds of road safety
4.3.13. Not discriminate against You and will always abide by the law;
4.3.14. 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;
4.3.15. Endeavour to give You two working days' notice (excluding Bank Holidays) should a lesson need to be rescheduled;
4.3.16. Respond professionally to any worries or issues You may have and try to resolve them to Your satisfaction. If requested, they will give You the name of the Area Director to whom You can refer the matter.
4.3.17. If Your Driving Instructor is, for whatever reason, unable to comply with their obligations to You, both We and Your Driving Instructor reserve the right to arrange for an alternative The Pass Team Instructor to provide You with some or all of Your driving tuition. We will use Our best endeavours to notify You or the alternative instructor who will provide You with Your lesson tuition.
Suppose Your Instructor or we cannot arrange for an alternative Instructor to provide your lesson 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. In that case, the Instructor reserves the right to rearrange Your lessons for a time convenient to both You and the Instructor.
5.1. You must give Us or Your Instructor at least two working days' notice (excluding Saturdays, Sundays and Bank Holidays) (the “Minimum Notice”) if You wish to cancel or rearrange a driving lesson; otherwise, You will be liable to pay for 100% of the lesson fee.
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 a lesson taken for 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 driving lessons You have pre-paid for to any third party without obtaining Our prior written consent.
6.1. Your Instructor will carry the appropriate motor insurance and be able to provide such documentation should You be involved in an accident while under the supervision of Your Instructor.
7.1. We reserve the right to change the price of all Our learner driver products, including all Lessons, at any time.
8.1. The price of lessons that have yet to be pre-paid may be changed at any time. You will receive prior notice of any price increases.
9.1. The cost of Block Booked tuition is based on the lesson price in force when the booking is made and will be honoured for 9 months from the date of the booking. We reserve the right to increase the cost of any unused tuition time.
10.1. We also reserve the right to introduce (and withdraw) offers from time to time regarding Our driving tuition and any other products we may decide on.
10.2. Such offers will not affect the price of Block Bookings unless it is expressly stated within the offer.
10.3. These terms and conditions shall apply to the special offers, in each particular ‘terms of the offer,’ which shall be published on the Website https://thepassteam.co.uk/. You must pay for Your product(s), good(s) or lesson(s) in advance using the following methods:
12.1. Where you make any payments directly to your Instructor or any of our instructors and the instructor fails to pass on such payments to Us, neither We nor the Agent will be liable for any shortfalls in such payments or any missing payments or any other failure on the part of the Instructors to forward such payments on to the Agents or Us. You acknowledge that You will at all times be liable for any payments that remain outstanding to Us.
12.2. Further, You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs concerning all payments You make to Your Instructor or any of Our Instructors.
Where We can, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same. Subject to You having sufficient funds, all online payments You make will be shown on your account within 24 hours. Payments made using other methods may take longer to be credited into Your account.
12.3. We do not accept responsibility or liability for any payments made, 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 that You have paid Us the correct amount.
13.1. Lesson Tuition
13.1.1. No refund is payable where 12 months have lapsed since Your last lesson.
13.1.2. We may request additional information from You to confirm Your identity to comply with the Money Laundering Regulations 2007; We will also use this information to ensure adherence to Our Merchant Operating Instructions for card collection facilities.
13.1.3. Refunds may take up to 28 working days to reach You or Your account.13.2. Learner Driver Products
13.1.4. If You are entitled to any refund, You must pay an administration charge of £30 to process the refund (the “Refund Charge”). The Refund Charge will be deducted from each refund that is paid back to You.
13.1.5. Where it is possible to do so, and We agree to refund You any amounts, We will do so using the same method You used when You made the payment. If, for any reason, We are unable to refund You using the same process with which You paid, We reserve the right to refund You by any other method We deem appropriate.
13.1.6. No block bookings refund will be given unless the instructor is making himself unavailable or acting unprofessionally.
13.2.1. If any of the goods You receive are damaged or faulty on receipt, You must inform Us within 48 hours of receipt, and where it is possible, We will provide You with replacements for any goods which are faulty or damaged. If We cannot replace such goods, We will notify You, and You may be entitled to a refund.
13.2.2. You will not be eligible for any refund or replacement of the goods if:
14.1. Neither the Agent nor We have, or shall have any liability to You in relation to any injury, loss or damage arising from using the tuition vehicle or the facts or omissions of Your Instructor or any other one of Our Instructors.
14.2. In any event, we will not be liable for any losses relating to any business interests that You may have, including but not limited to loss of profits, business, loss of opportunity or any business interruptions or delays that You may incur. This does not apply to any claim You may have for personal injury or death; nothing in these Conditions will affect Your statutory rights.
14.3. 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 the 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 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 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 make any such changes, We will give You reasonable notice. 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, You may cancel Your agreement with Us by giving us no 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. 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.
14.6. Informing You about Products and Services. If You decide You wish to refrain from receiving such information, please inform Us, but be aware that this will prevent You from receiving Our special offers and promotions.
15.1. For the Data Protection Act 1998, the data controller in relation to the information You supply is The Pass Team Trainer.
15.2. We may use the information You provide for administration, marketing, customer services and profiling Your purchasing preferences. We may also disclose Your information to Our service providers and agents for these purposes. If You do not want Us to contact any third parties with this information, You must notify Us of Your objection within 24 hours of accepting these Conditions.
When You give Us information about another person, You confirm that they have authorized You to act for them, to consent to the processing and using of their personal data in the manner described in this notice and to receive any data protection notice on their behalf.
15.3. You have the right to ask for a copy of Your information (for which We will charge a reasonable fee to cover Our administration costs) and to correct any inaccuracies contained therein.
16.1. If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact the local Area Director.
16.2. Where Your Area Director cannot resolve Your complaint, 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—email email@example.com.