Once You log in to the Total Drive app and accept these terms there will be a binding contract between You and Your Instructor for that/those lesson(s), and your acceptance of these terms and your bookings will be logged within your ELITE Total Drive App. If the pupil is under the age of 18 it is agreed that it is the pupil’s parent or guardian that will be bound by these terms until the pupil reaches the age of 18.
These Terms and Conditions are the standard terms which apply to the provision of driving tuition by driving instructors working under a self employed franchise basis using the ELITE Driving Instructor Training Ltd name (Trading as ELITE Driving School), Registered Company Number 06433522, to pupils that require such tuition.
1. Driving Instructors
1.1 The Instructor is a self-employed franchisee and is not employed by the School. As such, the School is not a party to any contract that might exist between the Instructor and You.
1.2 The Instructor is registered with the DVSA as an approved driving instructor (ADI) and his/her ADI registration will be up to date. He/she shall display his/her current DVSA ADI or PDI registration certificate in any vehicle that he/she uses for a lesson, and will ensure that the certificate is kept up to date at all times.
2. Booking and Payments
2.1 Lessons must be booked and paid for in advance unless agreed otherwise by the instructor.
2.2 Lessons may be paid for using a card belonging to a third party (for example a parent or family member). By booking a lesson, you confirm you are authorised to use the payment method provided.
2.3 The person who books the lesson and agrees to these Terms & Conditions remains responsible for all lesson fees, cancellation fees and any costs arising from chargebacks or payment disputes, regardless of who owns the payment card.
2.4 ELITE Driving Instructor Training Ltd will not accept responsibility for any acts, default or failure on the part of the instructor not to carry out their obligations.
2.5 You must pay Your Instructor fees for all lessons within 48 hours of a lesson booking being accepted, and You will pay for lessons on an hourly basis.
2.6 You can obtain information on current lesson fees from our website, and these are subject to fluctuation up or down due to market forces.
2.7 All new pupil bookings will be charged at the current price. Any existing customers will be charged at the current rate when pre paid lessons have been used and new payments become due.
2.8 Any advance payments made for lessons are made on the understanding that those lessons will be taken WITHIN 3 MONTHS of the payment being accepted.
2.9 You shall make payments in advance directly to your instructor by either:
- Debit or credit card via the Total Drive app Adyen Pay platform. Note that there is a service charge payable to Adyen pay if this facility is used.#
- Electronic bank transfer
- Some instructors may take cash, but you will always require credit for at least one lesson on account
3. Driving Lesson Cancellations
3.1 You may cancel or rearrange a lesson without charge by giving your instructor at least 48 hours’ notice before the scheduled lesson time.
3.2 If you cancel or rearrange a lesson with less than 48 hours’ notice, the full lesson fee will remain payable. This is because the lesson time is reserved exclusively for you and cannot usually be filled at short notice. You agree that this cancellation policy is fair and reasonable.
3.3 This charge represents a reasonable fee for the reserved time slot and is not a penalty.
3.4 In exceptional circumstances (for example illness, accident or bereavement), your instructor may choose, at their sole discretion, to waive the late cancellation fee.
4. Payment disputes and Chargebacks
4.1 Any payment dispute or concern should first be discussed with your Instructor. If issues remain unresolved then you should contact ELITE Driving School by emailing the details of your complaint to info@elitelessons.co.uk.
4.2 By booking a lesson, you agree not to initiate a chargeback or payment dispute for valid late-cancellation fees.
4.3 If a chargeback or payment dispute is raised and the fee is found to be valid under these Terms, we reserve the right to recover the outstanding amount and any associated costs.
5. Your Driving Lessons
5.1 A lesson will only be made available to You if the lesson is pre-booked and paid for in advance. You should book a lesson with the Instructor either in person, by telephone, via the ELITE Total Drive app, or through the ELITE website www.elitelessons.co.uk. Following an initial booking made, It shall be Your and the Instructor’s responsibility to agree all matters relating to each future lesson including, but not limited to, date, time, location and duration;
5.2 In the interest of Your productivity and benefit We recommend 2 hour lessons, as this allows more repetition and experience of varied road conditions. However, your Instructor will assess and agree the most suitable lesson length for You. The minimum length of a lesson will be 1 hour and, if You and the Instructor agree, it may be increased by increments of 30 minutes
5.3 Your initial booking with an instructor may be subject to change by the instructor due to operational and diary demands (e.g. another pupil booking a test at that time).
5.4 Your instructor holds the right to cancel any booking made if they feel that they are unable to fulfil your lesson requests, or driving test requirements.
5.5 ELITE do not accept online lesson bookings for pupils that have a test already booked less than 4 weeks from the date of the first lesson. This is to ensure that a thorough assessment of a pupil’s ability can be made, and sufficient time is given to allow further lessons to be taken, or if necessary for the test to be cancelled or postponed prior to the DVSA statutory 10 working day period without losing the test fee. The instructor has a duty of care, so the use of an instructor’s car for your test will only be allowed if they think you are safe and ready to take the test. We do not provide car for test without assessment and structured learning in advance. Lesson bookings made without 4 clear weeks notice leading up to a test will be cancelled and refunded, unless we have agreed this in writing in advance.
5.6 Any specific requests for future lessons will be for the Instructor to accept or decline at his/her discretion.
5.7 If an Instructor decides due to your individual needs that they are unable to accept Your initial booking and commence your lessons they will inform you within 24 hours of You making the booking and payment.
5.8 A refund for any payment made for any declined lesson will be actioned within 24 hours of the booking and payment being made. Payments made by debit or credit card via Adyen Pay via the Total Drive platform are processed by Total Drive at the request of your allocated instructor, and may take 3 to 5 working days to be processed.
5.9 Any other information about tuition or services of our Instructors or the School can be found on our company website www.elitelessons.co.uk. You take into account this information when deciding to book a lesson or when making any other decision about Our tuition or other services with ELITE Driving School and our Instructors.
6. Your Instructor’s Responsibilities
6.1 The Instructor will reserve any lesson slots or guarantee regularity of lessons over any period of time or on any particular date and/or time only once payment has been received in advance of the booking. Nevertheless, the Instructor shall use reasonable endeavours to make available regular lesson slots for You, but these will not be secured or guaranteed bookings unless payment in received in advance.
6.2 If the Instructor wishes to cancel a lesson, he/she may do so without incurring any liability to You (and You will not have to pay for that lesson). This may be, but not exclusively, due to the Instructor’s illness, unavailability of a suitable vehicle, or other reason beyond his/her reasonable control resulting in not being able to provide the lesson fully or properly. If the lesson is cancelled in such circumstances the Instructor will refund or credit Your account in full any advance payment that You have made for that lesson, or reschedule the lesson.
6.3 If the Instructor has reason to believe that You are not fit to drive at the time of the lesson due to any factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical condition, he/she can cancel the lesson without notice in the interest of Safeguarding and Health and Safety. It will be at the Instructor’s discretion, either to charge You for that lesson or not to do so, but in deciding whether to charge You he/she shall act reasonably.
6.4 The Instructor shall use all reasonable endeavours to start a lesson at the time booked. However, the start may be delayed by unforeseen circumstances, such as bad traffic. If there is a delayed start to your lesson the Instructor shall add on to the lesson the time lost. If that does not suit You, he/she shall add it on to a subsequent lesson, or refund a pro-rata partial of the fee for the lost time.
6.5 Your Instructor will send a message through the app to introduce themselves, confirm cost of future lessons, plus details of how to pay your instructor directly by bank transfer for future lessons. You can reply and contact your instructor directly through the messages section of the Total Drive app.
6.6 As an existing customer, when booking future driving lessons directly with your instructor, you will receive a notification of the bookings, and they will be logged on the ELITE Total Drive App.
6.7 The Instructor will agree the meeting location for each lesson with You at the time of booking. He/she may choose a different location to conduct the lesson which requires additional travel in the interests of road safety. In such cases, if You wish to be picked up and taken to that location by the Instructor, travel time will form part of the lesson time.
6.8 The Instructor shall record all payments on Your ELITE Driving School Total Drive app, and send you an electronic receipt if requested.
6.9 The Instructor shall, at all times use his/her reasonable endeavours to provide driving instruction at the agreed lesson times.
6.10 The Instructor shall use his/her reasonable endeavours to train You to a high standard, but shall not be responsible for any errors or traffic offences made by You.
6.11 The Instructor shall be professional and courteous towards You and other road users.
6.12 The Instructor shall act in accordance with the DVSA Code of Practice for Approved Driving Instructors
6.13 The Instructor shallact in accordance with the law.
7. You ( the Learner’s) responsibilities
7.1 You will have to read a number plate at a distance of 20.5m with or without eyesight correction before entering the vehicle. Failure in being able to read a number plate at the prescribed distance will equate to you not legally being allowed to drive the vehicle. Your instructor will either provide you with a theory lesson only, or the lesson will be forfeited at full rate. Therefore please ensure you have an eye test and have eye correction if you feel that you may require it well in advance of the lesson. You will also ensure that your eyesight has not deteriorated before attending a driving test.
7.2 You may be asked by your instructor to provide your driving licence details and an online share code via gov.uk/view–driving–licence. You must bring your photo card driving licence to your first lesson for the instructor to inspect for insurance purposes. Failure to provide your licence details or photo card may result in the lesson not going ahead
7.3 You may cancel a lesson without charge if You give the Instructor at least 48 hours prior notice of the cancellation and if You do so We will refund to You (or will ensure that the Instructor does so) any sum You paid in advance.
7.4 If You do not give the Instructor at least 48 hours prior notice of cancellation of a lesson, the Instructor will be entitled to charge You for any net financial loss that he/she suffers due to Your cancellation;
7.5 If, due to exceptional circumstances, including, but not limited to, illness, accidents and bereavement, You cancel a lesson without giving the Instructor at least 48 hours prior notice, he/she will consider the circumstances, and try to fill that time slot with another pupil if time allows.
7.6 If You know You are going to be late for a lesson, You should contact the Instructor to tell him/her. If the instructor is unable to contact you more than 15 minutes after the scheduled start time for Your booked lesson, the Instructor will try to provide that lesson but if the Instructor decides that he/she cannot do so, the lesson will be treated as cancelled without notice by You and the Instructor can decide to make a charge for that lesson as cancelled without notice.
7.7 As a new customer, you will receive an SMS message from Total Drive containing an invitation and a link to download the ELITE Driving School “Total Drive” App for iOS or Android. When you first open the Total Drive App you will be asked to accept these terms and conditions.
7.8 You shall act in accordance with the law at all times whilst on a driving lesson.
8. Vehicles and Insurance
8.1 Your instructor shall ensure that all vehicles provided are fitted with dual controls, are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes of driving instruction; and
8.2 You may request to use Your own vehicle. Whether You use Your own vehicle is for the Instructor to decide at his/her sole discretion. You must provide proof to the Instructor of Your vehicle’s roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of professional driving instruction.
9. Driving Tests
9.1 The Instructor shall discuss driving tests with You and shall inform You when he/she feels that You are ready to take a test;
9.2 You shall be responsible for booking theory and practical tests. It shall be Your responsibility to check the details of the test on Your DVSA confirmation email, and we recommend that you forward a copy of this email to your instructor to help eliminate mistakes and / or confusion;
9.3 You must check with the Instructor before booking to ensure that the Instructor considers that You are ready for a test;
9.4 You must inform the Instructor of all details of Your test including, but not limited to, the date and location at least 10 working days before Your test date;
9.5 When You attend a test, You must take all required documentation with You. If You do not, Your test may be cancelled and You would then lose Your test fees paid to the DVSA, as well as the fee you have paid Your instructor for their time;
9.6 If the Instructor has given You permission to use his/her vehicle for Your test but it breaks down or is otherwise unavailable or unusable on the date of the test, the Instructor shall use reasonable endeavours to arrange an alternative vehicle. If this is not possible, Your instructor shall pay for the replacement test.
9.7 If Your test is cancelled by the DVSA giving You insufficient time to provide the Instructor with the required cancellation notice of a booking to the Instructor, You must still pay for the Instructor’s time and/or the use of his/her or Our vehicle. In that case, the Instructor will advise You on claiming compensation from the DVSA for the cost of those fees.
9.8 If You have a test booked and in the Instructor’s opinion, You do not make the expected progress in Your lessons between the date of booking and the test date, the Instructor withholds the write to refuse the use of his/her vehicle for Your test. They will inform you of this decision in writing in advance of the DVSA cancellation period. Your instructor nor We will not be responsible for any fees that You pay for the test which are lost.
10. Cancellation and Termination
10.1 The Instructor may, at his/her sole discretion, terminate Your tuition if Your conduct, progress or commitment consistently falls below the standards that the Instructor reasonably expects.
10.2 You may at any time terminate Your tuition by the School. However, any lessons booked within 48 hours of that time will still be charged for. Your Instructor shall refund to You any unused fees for lessons that You have paid in advance.
11. Liability
11.1 Your instructor will be responsible for any foreseeable loss or damage that You may suffer as a result of breach of these Terms and Conditions by the Instructor or as a result of his/her negligence. Loss or damage is foreseeable if it is an obvious consequence of his/her breach or negligence or if it is contemplated by You or him/her when their contract with You is created. ELITE Driving School will NOT be responsible for any loss or damages;
11.2 Nothing in these Terms and Conditions is intended to or will exclude or limit Our or the Instructor’s liability for death or personal injury caused by Our or the Instructor’s negligence or for fraud or fraudulent misrepresentation.
11.3 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
The Consumer Rights Act 2015;
The Regulations;
The Consumer Protection Act 1987; or
Any other consumer protection legislation; as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standards Office.
12. Changes to Terms and Conditions
12.1 We may, from time to time, change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
13. Data Protection
13.1 In so far as providing and administering tuition and any other services for You involves Us in collecting, using, or holding or otherwise processing any data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Legislation and Your rights under that Data Protection Legislation and these Terms and Conditions.
14. Regulations
14.1 We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We or the Instructor accept Your request to book any lesson) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You or ensure that the Instructor does so before We or he/she accepts Your request to book a lesson. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
15. Complaints
15.1 All ELITE instructors are self employed, operating under Our ELITE Driving School franchise.
15.2 In the first instance the matter should be resolved directly between the pupil and instructor.
15.3 If the matter cannot be resolved between the pupil and instructor then We nevertheless want to hear from You. You should contact us by writing to:
info@elitelessons.co.uk
15.4 Your complaint will be acknowledged within 3 working days, and following investigation, a satisfactory outcome or decision on how to resolve the dispute reached, normally within 28 days.
15.5 Whilst We always use all reasonable endeavours to ensure that We and Our Instructors provide a high standard of tuition and service to Pupils, all Approved Driving Instructors are self employed, responsible for their own actions, and are regulated and governed by the DVSA (Driving Standards Agency)
15.6 If You have any complaint about tuition or other services provided by any instructor, or any other complaint about the School any unresolved disputes can be referred to the DVSA customer services:
adireg@dvsa.gov.uk
PO Box 280
Newcastle-Upon-Tyne
NE99 1FP
