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These Terms will apply to any contract between us for the sale of Goods and/or Services to you (the Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods or Services from our Sites. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods or Services from our Site.
Our Goods and Services are provided to professionals, businesses and the general public. Accordingly, as part of these Terms, you represent, warrant and undertake that you are entering into this Contract in the course of and for the purpose of your profession or business.
We amend these Terms from time to time as set out in clause 14.1. Every time you wish to make an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on January 15th 2018.
1.1 Our Site pages will guide you through the steps you need to take to place an order with us. Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page before submitting your order.
1.2 You can also order Goods or Services using our online or downloadable booking form, a copy of which can be viewed here. Once completed, you can submit the booking form online or by calling 01634 560703.
1.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
1.4We will confirm our acceptance to you by sending you an email confirming that your order has been accepted (Order Acceptance Email). The Contract between us will only be formed when we send you the Order Acceptance Email.
1.6 Any descriptions or illustrations of the Goods or descriptions of the Services contained in our catalogues or on our Sites are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
1.7 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.8 All of these Terms shall apply to the supply of both Goods and Services except where application to one or the other is specified.
2.1 The Goods are described on our Sites or in our catalogues (if available).
2.2 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements or where we deem it necessary to do so.
DELIVERY OF GOODS
3.1 We shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the order, all relevant reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
3.2 We will deliver the Goods to the location set out in the order (Delivery Location). Delivery of an order shall be completed when we deliver the Goods to the Delivery Location. Title and risk in the Goods will transfer to you on completion of delivery.
3.3 Please allow 1-3 working days for delivery within the UK and 28 days for overseas delivery. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence.
3.4We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or a failure by you to provide us with adequate delivery instructions. We shall not be liable in any circumstances for Goods that are lost or damaged in transit. Claims in these circumstances should be made against the carrier.
3.5If you fail to accept or take delivery of the Goods, then except where such failure or delay is caused by a Force Majeure Event or by our failure to comply with the obligations under the Contract, we shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
4.1 If you order Goods from our Site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
4.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
4.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
DVD AND VIDEO TRIALS
5.1 The trial period will last for 10 days from the date of the invoice unless otherwise stated on the invoice.
5.2 Unless purchased, all trial items must be returned:
(a) by the date specified on the invoice;
(b) by recorded delivery; and
(c) in a resalable condition.
5.3 Any trial item(s) not returned by the specified date are considered sold and you will be liable for the full cost, as stated on the invoice, which must be paid within 30 days in accordance with clause 10.5.
MONEY BACK GUARANTEE
6.1 Subject to clause 6.2, should you be unsatisfied with the delivered Goods, items can be returned to the address specified in invoice or Order Confirmation E-mail within 10 days of receipt of the Goods for a full refund.
6.2 The refund will only be payable if the Goods are returned:
(a) in a resalable condition; and
(b) by recorded delivery.
6.3 Delivery costs are not refundable.
6.4 Should you have any queries relating to your order, please email firstname.lastname@example.org or call 0800 471 4502 quoting your order number (which can be found on your invoice).
OUR WARRANTY FOR THE GOODS
7.1 For Goods which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 7.2.
7.2 The warranty in clause 7.1 does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
7.3 Should the Goods do not comply with clause 7.1, we will replace the rejected Goods, or provide a full refund of the price of the rejected Goods (if paid).
SUPPLY OF SERVICES - GENERAL
8.1 We shall provide the Services in accordance with the descriptions provided on our Site in all material respects.
8.2 We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
8.3 We warrant to you that the Services will be provided using reasonable care and skill.
CLASSROOM COURSES AND TRAINING
(a) To ensure that classroom courses are effective and are not interrupted, we operate a strict 'shut door policy' at 10 a.m. For the avoidance of doubt, if you arrive on or after 10 a.m., you will not be permitted to participate in the course.
(b) If you miss your training course without providing the required notice (see clauses ,(m) and 9.2), you will not be entitled to a refund and you or your organisation will need to pay again for any rebooked place. Provided you have given the required notice, you will be allowed to rebook your course once free of charge. Should you need to rebook more than once, you will need to pay again for the rebooked place. If you believe your estimated time of arrival will be at 10 a.m. or after, please do not attend the training venue but contact us by telephone on 0800 471 4502 after midday on the date of the course should you wish to rebook. Please ensure you plan your journey well in advance; click here for our training venue information.
(c) Delegates must attend and participate fully throughout the entire content of the course to obtain a certificate. Certificates for completion of a course (in either electronic or paper format) will only be provided to delegates once full payment has been received for such course.
(d) We reserve the right to cancel any course and in such cases any fees already paid will be refunded in full.
(e) Whilst every attempt will be made to hold fees at the levels advertised, we reserve the right to change fees from time to time without prior notice. Any changes will not affect any order you have already placed.
(f) Any sound or video recording by delegates during classroom courses is strictly prohibited. Any delegates who are caught recording a classroom course will be asked to delete the recording pursuant to clause 11.7 and may be asked to leave the course. At our sole discretion, delegates who breach this clause may not be entitled to a refund for such course.
(g) In order to protect the welfare of the staff of the 1st Choice Fleet Limited, we have a zero tolerance approach to any forms of aggression or disruption. Any delegates who disrupt the class or are rude or abusive to any staff will be asked to leave the training course and will not be refunded for such course.
(h) All delegates who attend 1st Choice Fleet Limited training courses (which are delivered in English) need to have sufficient knowledge and understanding of the English language in order to receive a certificate of attendance.
(a) All mandatory and statutory training bookings must be made online via our Site.
(b) Cancellations will only be accepted for individual online bookings if at least 2 weeks' notice is provided. In such cases all fees will be refunded, otherwise payment will be charged in full.
(c) If you are unable to attend a training course, you may postpone your course place to another date. You can only do this once free of charge and must give at least 2 business days' notice (see clause 9.3 on calculating notice periods).
(d) Delegates who attend and have paid for 1st Choice Fleet Limited training courses will normally have their certificates sent via e-mail or by post on the day they attend the course.
Corporate Customers and In-house Training
(a) Corporate customers will be responsible for their employees and all obligations under these Terms, including but without limitation payment for Services. Corporate customers shall use all reasonable efforts to procure that any employees booked on either internal or external training courses attend such courses.
(b) Any corporate customers which book in-house training may be invoiced in arrears. Such invoices will be payable in accordance with clause 10.5
(c) Course delegates may be substituted at any time by 5p.m. up to 2 business days (see clause 9.3 on calculating notice periods) prior to the commencement of the training course after which no substitutions can be made.
(d) Cancellations for training courses or places require at least 4 weeks' notice for full refund, otherwise payment will be charged in full. At his/her sole discretion, the course administrator may consider the request for postponement of a training course depending on circumstances.
(e) Corporate customers shall not during the Contract or at any time thereafter directly or indirectly canvass, solicit, endeavour to entice away, employ, engage or otherwise facilitate the employment or engagement of any person who is employed or engaged by 1st Choice Fleet Limited ( in particular but without limitation its trainers ) ,for the purpose of providing goods or services of a kind or similar to those which are provided by 1st Choice Fleet Limited,whether or not such person would be in breach of contract or any other obligation as a result. 1st Choice Fleet Limited reserves the right to remove or suspend access to its online resources and/or portal, or to refuse to provide Goods or Services to any corporate customer who it has reasonable grounds to believe may have acted in breach of this clause at any time.
Bookings by Agencies
(a) Agencies are bound by these Terms and will be responsible for payment for Services on behalf of their delegates and will also procure (to the extent relevant) that their delegates comply with, and are bound by, these Terms. Agencies shall use all reasonable efforts to procure that any delegates booked on training courses attend such courses.
(b) Agencies may cancel or amend any booking by 5 p.m. up to 2 business days prior to commencement of the training course with no additional charge.
(c) Training courses can only be rebooked or cancelled once per delegate via the agency portal.
(d) If agencies cancel the booking in the 2 business days prior to commencement of the training course, the full course fees will be payable by the agency. If a course is rebooked, the agency must pay the fees for any new booking.
(e) If a delegate does not attend a course, the agency will be charged for the place on the course the delegate missed. If the delegate's place is rebooked, the agency must pay the fees for any new booking.
(f) Agencies will be invoiced monthly in arrears. Invoices will be raised on the first of every month. Such invoices will be payable in accordance with clause 10.5. Without prejudice to any other right or remedy that we may have, if an agency fails to pay us on the due date in the invoice, the following will apply:
(i) The agency's account will be locked, thereby restricting the agency's access to delegate bookings and certificates.
(ii) The agency's account will remain locked until all outstanding invoices are paid in full or in cleared funds.
(iii) If an agency's account has been locked more than twice and such agency is making bookings for 5 delegates or less per month, we reserve the right to suspend or withdraw such agency's account until further notice.
(iv) We also reserve the right to charge interest on any outstanding invoice in accordance with clause 10.6
(g) Agencies shall not during the Contract or at any time thereafter directly or indirectly canvass, solicit, endeavour to entice away, employ, engage or otherwise facilitate the employment or engagement of any person who is employed or engaged by 1st Choice Fleet Limited (in particular but without limitation its trainers), for the purpose of providing goods or services of a kind or similar to those which are provided by 1st Choice Fleet Limited, whether or not such person would be in breach of contract or any other obligation as a result. 1st Choice Fleet Limited reserves the right to remove or suspend access to its online resources and/or portal, or to refuse to provide Goods or Services to any agency who it has reasonable grounds to believe may have acted in breach of this clause at any time.
Notice periods for cancellation or postponement
(a) If the required notice under clauses to 9.2 is stipulated in business days, this excludes weekends and bank holidays. In addition, notice must be given by 5p.m. 2 business days prior to the commencement of the training course. For example:
(i) for training courses that start at 9.30am on a Monday, places can be cancelled or postponed (as applicable) up until 5.00pm the previous Thursday;
(ii) for training courses that start at 9.30am on a Tuesday, places can be cancelled or postponed (as applicable) up until 5.00pm the previous Friday;
(iii) for training courses that start at 9.30am on a Wednesday, places can be cancelled or postponed (as applicable) up until 5.00pm the previous Monday;
(iv) for training courses that start at 9.30am on a Thursday, places can be cancelled or postponed up (as applicable) until 5.00pm the previous Tuesday;
(v) for training courses that start at 9.30am on a Friday, places can be cancelled or postponed (as applicable) up until 5.00pm the previous Wednesday before.
(b) If the required notice under clauses to 9.2 is stipulated in weeks, this will include weekends and bank holidays. For example:
(i) for training courses which start on a Monday at 9:30, places can be cancelled or postponed (as applicable) by 5 p.m. on the Monday 2 or 4 weeks (as applicable) before.
FEES AND PAYMENT
10.1 The price for Goods or Services will be as quoted on our Site at the time you submit your order or as set out in an invoice.
10.2 The price of the Goods does not include delivery charges. Our delivery charges are confirmed during the ordering process. If you are resident outside the UK, there may be extra charges for postage and packaging. Please check the relevant delivery charges before you confirm your order.
10.3 All prices for the Goods or Services shall be exclusive of VAT unless otherwise indicated.
10.4 You can pay for Goods or Services online using a debit card or credit card. Payment for the Goods or Services and all applicable delivery charges is in advance, unless an invoice has been provided or requested.
10.5 If an invoice for Goods or Services is submitted, you shall pay each invoice within 30 days of the date of the invoice and in full by debit, credit card or in cleared funds to a bank account set out in the invoice.
10.6 Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date in the invoice:
(a) you shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount; and
(b) we may suspend all Services until payment has been made in full.
INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or the licensee of all intellectual property rights:
(a) in our Sites, and in the material published on it; and
(b) in any documentation or materials provided as part of our Services.
11.2 Those works outlined in clause 11.1 are protected by copyright laws and treaties around the world. All such rights are reserved.
11.3 You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites.
11.4 You must not modify the paper or digital copies of any materials you have or been provided, printed off, or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.5 Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
11.6 You must not use any part of the content on our Sites or any of our documents or materials for commercial purposes without obtaining a licence to do so from us or our licensors.
11.7 If you print off, copy or download any part of our Sites or other materials in breach of this Contract, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
LIMITATION OF LIABILITY
12.1 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) or any other liability which cannot be limited or excluded by applicable law.
12.2 Subject to clause 12.1, we will under no circumstances whatever be liable to you, your delegates, employees or agents, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you, your delegates, employees or agents, in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods or Services.
12.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular but without limitation, we will not be responsible for ensuring that the Goods or Services are suitable for your purposes.
13.1 For the purposes of this Contract, (Force Majeure Event) means an event that is beyond our control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
13.2 We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
13.3 If the Force Majeure Event prevents us from providing any of the Services and/or Goods for more than 4 weeks, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
OTHER IMPORTANT TERMS
14.1 Our right to vary these terms. We reserve the right to vary these Terms from time to time. Please check the introduction to when these Terms were last updated.
14.2 Agency warranty. If you are acting as agent for individual delegates, you warrant that you are authorised by such delegates to accept these Terms on their behalf.
14.3 Assignment and other dealings. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.4 Communication between us. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14.5 Severance. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6 Third parties. Subject to clause 14.2, this Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.7 Governing law. This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.8 Jurisdiction. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
DRIVER TRAINING TERMS AND CONDITIONS
These Terms and Conditions apply from 15th January 2018 and replace our previous Terms and Conditions.
Any person over the age of 18 making a booking with us will be bound by our Terms and Conditions. Where a booking is made on behalf of someone who is under 18 years of age, the person over the age of 18 making the booking, OR THE PERSON OVER THE AGE OF 18 WHO HAS AUTHORISED A BOOKING TO BE MADE WITH THEIR KNOWLEDGE AND PERMISSION, (such as a parent who may be paying for lessons but allows their child to make the booking), is contractually responsible for ensuring that these Terms and Conditions are adhered to by the person under 18 that the booking is made for, (the Pupil).
– The Training School is 1st Choice Fleet Ltd, company registration number 08566498, whose registered office is at the Innovation Centre Medway, Maidstone Road, Medway, ME5 9FD.
– A Pupil is a person who has booked their driver training through 1st Choice Fleet`s central booking service. Any person who has booked their driver training with an Instructor or has booked via 1st Choice Fleet but asked to be placed with a particular Instructor is considered to be a Pupil of the Instructor and not a Pupil of 1st Choice Fleet
– A Tuition Hour is the unit of time upon which the price of a Driver Training Lesson is based. As at the date of these Terms and Conditions, and until amended, a Driver Training lesson is an Hour, 60 minutes long.
– A Driver Training 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.
– A Driver Training Course is a number of Tuition Hours purchased that are intended to be taken over a shorter period of time than an equivalent number of Tuition Hours might usually be taken.
– An Under 17 session is a period of time provided on a private off-road area that is suitable for pre-learners under the age of 17 to be given Driver Training Lessons subject to the additional relevant clauses described herein.
– The DVSA is the Driver and Vehicle Standard’s Agency who are responsible for registering, monitoring and policing licensed and registered Driving Instructors in the UK.
The Pupil is deemed to have accepted these full Terms and Conditions when taking Driver Training Lessons or a Driver Training Course and 1st Choice Fleet will not accept responsibility for misunderstandings if a Pupil does not read these Terms and Conditions.
The “Company logo” and “0800 471 4502" used by 1st Choice Fleet are copyright and belong to the 1st Choice Fleet, not the Instructor. An Instructor is not authorised to commit the 1st Choice Fleet Driving School contractually in any matter; only the signatures of an uthorised director of 1st Choice Fleet is empowered to do that.
Materials may be provided to Pupils that are copyright and when a Pupil stops having Driver Training Lessons with 1st Choice Fleet they must stop using such materials.
A Pupil must be in possession of an appropriate driving licence when driving a motor car on the highway. A licence is not required for tuition conducted with drivers under 17 on our private site.
Postponement or cancellation of lessons
You must give us at least 48hrs 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 your Instructor. If a postponement by us causes cancellation of a driving test, the Instructor will reimburse the Pupil with the lost fee.
Postponement or cancellation of driving test
Details about the notice the Driver and Vehicle Standards Agency, (the ‘DVSA’), needs to postpone or cancel a driving test are on the e mail which will be sent to the registered e mail address by the DVSA 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 1st Choice Fleet or the Instructor accept responsibility for driving tests postponed or cancelled by the DVSA. However, advice will be given on how to make a claim if the test has been cancelled at short notice by the DVSA.
Communication with the Instructor or 1st Choice Fleet
Telephone messages can be left for the Instructor at the head office of 1st Choice Fleet using its advertised telephone number and we aim to record all such calls. Pupils can also send letters addressed to the Instructor to the head office. Written notes or recordings of telephone calls may be kept by 1st Choice Fleet, together with emails and other electronic materials and may be used to investigate complaints or otherwise improve services.
1st Choice Fleet acts as agent for your instructor in receiving your driving tuition payments, unless you’ve made these directly to your instructor. Where 1st choice Fleet make bookings with, or supplies any information or documentation to you, or processes any payments for your lessons, they act as the agent of your instructor.
1st Choice Fleet will ensure that Instructors 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 1st Choice Fleet Code of Conduct and operating procedures.
Any breach of these requirements should be reported to 1st Choice Fleet at its head office.
Change of Driving Instructor
Pupils who book a Driver Training Course will not be eligible to change Instructors. Pupils otherwise wanting to change their Instructor should notify 1st Choice Fleet.
If 1st Choice Fleet cannot change instructors for standard Driving Training Course the Pupil shall be entitled to the return of any unexpired fees paid in advance in accordance with these Terms and Conditions. When an instructor leaves 1st Choice Fleet, arrangements will be made for lessons to be conducted with an alternative Instructor of 1st Choice Fleet. Instructors are not allowed to conduct lessons with Pupils for a period of 6 months after their association with 1st Choice Fleet has ended without our express written permission and any such lessons conducted should be notified to 1st Choice Fleet.
Duration and pick up of Driver Training Lessons
The length of a Tuition Hour will be set each year by 1st Choice Fleet and is described in the Definitions herein. 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 1st Choice Fleet prior to the start of the lesson. Instructors are not bound to make such alternative arrangements. Unless specifically requested otherwise by the Pupil, some Instructors may operate a piggy back system when running their appointments. Some Instructors do this because they feel it might benefit their Pupil and if this happens some Pupils may not be returned home until up to half-hour after their lesson has ended.
Price and type of Driver Training Lessons and collection of money
The price of a Tuition Hour and any discounts or special offers available is set each year by 1st Choice Fleet and details are available on our website. Pupils’ money that is paid directly to an Instructor will be held by the Instructor and any refunds must therefore be obtained from the Instructor to whom money was paid. 1st Choice Fleet will act for a Pupil to recover a refund if asked, but will only accept responsibility for money paid directly to it. A full accounting of money and lessons is available upon request from the head office, or via the pupil login section of 1st Choice Fleet website at www.1st choicefleet.com.
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. No responsibility is accepted by 1st Choice Fleet or the Instructor for any delay in making an application for a test for any reason. Pupils who receive an appointment for a driving test must immediately inform 1st Choice Fleet 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. Pupils booking their own Driving Test without the knowledge or permission of the Instructor will not be taken on that test in the Instructor’s tuition vehicle.
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, even if the test had been applied for with the Instructor’s knowledge and consent. Pupils who undertake an Driver Training course or apply for a test at short notice should pay particular attention to this clause.
Monitoring of Instructors
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 Driver Training Lessons due to causes beyond their control.
Change of Instructor
1st Choice Fleet reserves the right to change a Pupil’s Instructor without notice. A Pupil may request a change of Instructor at any time up to 3 days before a Driver Training Lesson has been booked, EXCEPT WHERE AN DRIVER TRAINING COURSE OR UNDE 17 SESSION HAS BEEN BOOKED. 1st Choice Fleet will not change Instructors on an Intensive Course of under 17 session, except where the original Instructor is unable to fulfil their duties.
Under 17 sessions
Pupils taking part in Under 17 driving sessions must satisfy the following conditions:
– participants must be over 14 years of age and at least 1.42 metres tall and capable of reaching the necessary controls of their tuition vehicle;
– participants must be accompanied throughout their attendance at the Under 17 venue by an adult or guardian or a responsible adult over the age of 18 years;
– participants must be in good health and have eyesight at least to the standard required by law for driving;
– participants must be free from any medical conditions that may affect their ability to drive, and free from alcohol or drugs;
– participants must not use a mobile phone or other communications device whilst driving the tuition vehicle;
– participants must wear a properly fastened seatbelt at all times whilst in the tuition vehicle;
– participants must comply with all reasonable requests from 1st Choice Fleet or the Instructor during all Under 17 sessions;
– participants may be filmed and recorded as part of their involvement in Under 17 sessions, and the intellectual property rights of such footage are property of the 1st Choice Fleet and may be used for marketing or any other reasonable purpose by 1st Choice Fleet.
The decision of 1st Choice Fleet is final in all matters appertaining to Under 17 sessions and the responsible adult accompanying the participant is responsible for the conduct of the participant whilst on site and for any breaches of the terms of this clause by the participant.
Refunds for Driver Training Lessons
If a prepayment is made for Driver Training Lessons, (excluding Driver Training Courses and Under 17 sessions), any refund for Driver Training Lessons not taken and not forfeited will be calculated on the basis that the Driver Training 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 a reasonable administration charge which may be made. Driver Training Lesson refunds should be requested through 1st Choice Fleet 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 1ST CHOICE FLEET 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 1ST CHOICE FLEET.
Refunds for prepaid Driver Training Courses and Under 17 sessions
Prepayment must be made for Intensive Courses and Under 17 sessions and our refunds policy for Intensive Courses and Under 17 sessions is different from our refunds policy regarding normal Driver Training Lessons. Refunds for Intensive Courses and Under 17 sessions will be made on the following basis:
Intensive Courses Under 17 sessions
Over 30 days notice: Refund except depositFull refund *
15 to 29 days notice: No refund50% refund *
14 days notice or less: No refundNo refund
* Less a reasonable administration charge
In exceptional circumstances, 1st Choice Fleet at its sole discretion may, as a goodwill gesture, reschedule an Driver Training Course or Under 17 session where otherwise the strict implementation of this clause may result in unreasonable loss to the Pupil.
Transferability of Driver Training Lessons and Courses
Standard Driver Training Lessons may be transferred up to 2 clear days before the lesson appointment is scheduled, although the Instructor reserves the right to reduce the duration of the lesson if additional travelling time is required to collect the new Pupil from a different address than had been originally agreed.
Driver Training Courses are not transferrable.
Under 17 sessions may be transferred up to and including the day that the session is booked for, subject to the other Terms and Conditions contained herein.
Conditions attached to Special offers and Gift vouchers
Special offers cannot be used in conjunction with another offer and more than one discount cannot be applied to one transaction. Individual courses and occasional offers may have special conditions attached to them and where those conditions exist they will have priority over the Terms and Conditions as described herein. Special offers are not transferrable and there is no alternative reward if the existing Pupil cannot make full use of the Special offer for any reason. Special offers may be withdrawn at any time without notice. All Gift vouchers, unless specified otherwise on the voucher itself, are valid for 6 months from the date of purchase.
1st Choice Fleet 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 1st Choice Fleet`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.
Limit of liability in dealing with Driver Training Lesson complaints
Any refund resulting from a complaint being upheld will be limited to the value of the Driver Training Lesson that gave rise to the complaint. No refund will be given in respect of any lessons that were conducted prior or subsequent to this. Neither 1st Choice Fleet or the Instructor shall be liable for any consequential loss, including but not limited to travel and hotel expenses.
Waiver without prejudice
If 1st Choice Fleet does not enforce any of these Terms or Conditions it will not prevent any subsequent enforcement of the Terms or Conditions. These Terms and Conditions can only be changed in writing by at least one director of 1st Choice Fleet and will then be displayed on our website with the date from which the amended Terms and Conditions will apply.
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) Forms of communication
For purposes of applicable law, our communicating with you by email or email attachments or via our website or by any other electronic means is deemed to be communication in writing. We may also rely on tape recordings of telephone conversations we have had with you. This condition does not affect your statutory rights. A full copy of these Terms and Conditions is available from our website or can be emailed free of charge to any person upon request.
Code of conduct
This Code of Conduct applies from 15th January 2018 and replaces previous Code of 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.
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.
1st Choice Fleet on or before the first Driver Training Lesson will advise you of the main Terms and Conditions and can advise you where you can obtain, without charge, a written copy of those full terms which will include:
the legal identity of1st Choice Fleet with a full address and telephone number at which your Instructor or his/her representative can be contacted
the price and duration of Driver Training Lessons
the price and conditions for use of the 1st Choice Fleet 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 DVSA 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.
The advertising of driving tuition shall be honest; claims made shall be capable of verification and comply with codes of practice 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.
Complaints should be made in the first instance to 1st Choice Fleet following the complaints procedure issued. Failing agreement or settlement of a dispute, reference may be made to DVSA’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 driver training industry, to consider the matter further or advise that the matter should be referred to the courts or other statutory body to be determined.
For further information or advice, write to:
The ADI Registrar – Driver and Vehicle Standards Agency
P O Box 280
Newcastle upon Tyne
Telephone 0300 200 1122
– You can access our web site and browse without providing data although your IP address is used to gather broad demographic information.
– Our PUPILS section enables existing pupils to access their own records online and to cancel or make new lesson appointments.
– Our web site gives you a list of the services we provide and the prices we charge for those services.
– Our web site contains links to other relevant web sites.
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.
Children and privacy
Parts of our website are relevant to persons under 17 years of age, particularly the sections relating to our under 17 driver education programme. Any personal information solicited from persons under the age of 17 will be wholly relevant to our driver education programme and collected for the purpose of answering any questions that may arise about that facility. Any bookings subsequently made by any person under 17 will be made with the knowledge and consent of a parent or guardian or an appropriate adult. We will only communicate directly with persons under the age of 17 in connection with bookings that have been made or need to be made, such as in sending a text reminder of a forthcoming appointment.
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.
Automatic collection of information and disclosure
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.
1st Choice Fleet is registered under the ICO and complies with the General Data Protection Regulations 2018 (GDPR) and is committed to upholding the Data Protection principles of good information handling practice.
Specifically, this means that data must be:
(i) Fairly and lawfully processed
(ii) Processed for limited purposes
(iii) Adequate, relevant and not necessary
(v) Not kept longer than necessary
(vi) Processed in accordance with the data subject’s rights
(viii) Not transferred without adequate protection
A full explanation of these principles can be found at: http://www.ico.org.uk.for_the_public
Questions or suggestions
If you have questions or concerns about our collection, use, or disclosure of your personal information please e-mail us at email@example.com or
telephone us on 01634 560703 or write to us at 1st Choice Fleet Ltd, Innovation Centre Medway, Maidstone Road, Medway, ME5 9FD.
Dated: January 15th 2018