THE PASS PEOPLE

1. DEFINITIONS

In these Terms and Conditions the following words shall have the following meanings:

1.1. “You” or “your” means the student or person who buys a Course;

1.2. “Course” means the driving lessons and any tests booked;

1.3. “Tests” means theory and practical tests, unless specified

1.4. “We” or “us” means The Pass People.

2. GENERAL

2.1. By booking with us you are agreeing to these Terms and Conditions.

2.2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by The Pass People.

2.3. The Pass People acts as your agent in locating a driving instructor. As the driving instructors are self-employed and independent to The Pass People, you are entering into a separate contract with the driving instructor for driving lessons.

2.4. The Pass People has a zero tolerance policy regarding physical or verbal abuse towards its staff members or Driving Instructors. We reserve the right to cancel your booking in the event of any abuse and up to one hundred percent of the course fees paid may be non-refundable to cover costs incurred by us or your Driving Instructor.

3. PRICE AND PAYMENT

3.1. The price shall be as listed on The Pass People website. The price is inclusive of VAT and consists of;

3.1.1. Administration fees

3.1.2. Tuition fee for driving lessons (where selected to be included by you)

3.1.3. Driving test fees for practical test and theory test (where selected to be included by you)

3.2. Additional fees may be payable as stated in paragraphs 3.9, 4.7 and 5.6 below.

3.3. A deposit of £145 will be paid when you make the booking. If you choose to pay for the course in full, £145 will be treated as the deposit. The deposit is non-refundable unless:

3.3.1. We are unable to secure you a suitable test within 14 days of receiving your completed form as stated in paragraph 5.7 below. If you need to take a theory test, the 14 day period will not start until the next working day after you make us aware the theory test has been passed.

3.3.2. We are unable to secure a driving instructor to take you for your test.

3.4. In the event that your deposit is refundable and you have already sat your theory test, £33 of your deposit will be retained by The Pass People.

3.5. Payment can be made online or over the phone using all major debit and credit cards.

3.6. Any refund will be processed back to the same card that was used to make the payment.

3.7. Refunds can only be made with the explicit consent of the original payee and will not be refunded on the instruction of a third party unless they have been given consent

3.8. Unless full payment has been taken under paragraph 3.3 above, full payment of the course becomes due when a suitable practical test has been found. Payment for the course must be paid in full at least 7 days before driving lessons commence.

3.9. If you require The Pass People to book additional theory tests for you, payment of £33 shall be required in advance of such booking.

3.10. You do not need to make any additional payments to the driving instructor in respect of your course.

3.11. Up to 100% of the Administration Fee may be non-refundable to cover any work undertaken by The Pass People in respect of your course.

3.12. Up to 100% of the tuition fee may be non-refundable once a driving instructor has been assigned to your course.

3.13. If payment of the price or any part thereof is not made by the due date, The Pass People shall be entitled to;

3.13.1. cancel any driving tests and/or lessons booked;

3.13.2. terminate the contract.

4. DELIVERY

4.1. The Pass People are only able to provide driving courses in England.

4.2. We will aim to find you a suitable driving test within 14 days of receiving your completed form as stated in paragraph 5.7 below. The Pass People cannot guarantee a test on a specific date or at a specific time. You must be flexible enough for us to secure a test at least 5 days either side of your preferred test date.

4.3. The time for the practical test is included in the overall cost of the course.

4.4. The Pass People will only assign you a DVSA approved Driving Instructor who is an approved grade A or B.

4.5. Unless otherwise agreed in writing, pick-up and drop-off for driving lessons shall take place at the address specified by you when booking the course.

4.6. The timescale for course completion specified by us is an estimate only. Time for completion shall not be of the essence of the contract.

4.7. The Pass People cannot guarantee a weekend driving test. You must be available to take your test on a weekday. If a weekend test is secured there will be an additional fee of £13.

4.8. We will not be responsible for tests or lessons moved or cancelled for reasons beyond our control. If theory and/or practical tests are suspended by the DVSA, the 14 day period will start the working day after the suspension ends.

4.9. The Pass People do not offer any guarantees that you will pass your driving test as this requires you to apply your own skill and knowledge.

4.10. You may place your course on hold for any reason. The Pass People may also place your course on hold if reasonable attempts to contact you for 7 consecutive days are unsuccessful. You must however begin your lessons within 6 months of paying your deposit. If you do not begin lessons within 6 months, your course will be cancelled and 100% of any payments made will be non-refundable. Any time lapsed while a course is on hold will not contribute towards the 14 day period referred to in paragraph 3.3.1 above.

4.11. Under no circumstances can courses be transferred to a third party.

4.12. Under no circumstances can courses be downgraded.

4.13. The Pass People cannot guarantee to meet preferences regarding an instructors gender, car make/model or car fuel type.

5. YOUR RESPONSIBILITIES

5.1. You must hold a valid driving licence. It is your responsibility to show this to your instructor and carry this with you on every driving lesson. Failure to do so may result in your lessons and/or test being cancelled and the tuition and/or test fees lost.

5.2. You must have reasonable availability for your driving lessons and tests. The more limited or specific your availability for lessons and tests, the longer the course will take to complete.

5.3. You must make every effort to be on time for your lessons. Your lessons will not be extended if you are late.

5.4. If you cancel or miss lessons at short notice, your driving instructor will be entitled to keep the full tuition fee for the missed lessons and your lesson time will not be extended in lieu of this. As all driving instructors have their own cancellation policies, it is your responsibility to check and comply with your driving instructor’s cancellation policy before your first lesson.

5.5. You may change or cancel your tests, free of charge, upto 3 full working days before the date of the test by notifying The Pass People. If 3 working days is not given you will need to pay for a new test (£90 for a practical test or £33 for a theory test.)

5.6. If you wish to rearrange a test a non-refundable administration fee of; £28 for a practical test or £10 for a theory test will be payable.

5.7. In order for The Pass People to begin working on your booking, you must complete the form that will be sent to you as a link, via email. Until this form has been completed, we cannot begin to arrange your course.

5.8. The scheduling of lessons, including time, date and location must be done between you and your driving instructor directly.

5.9. Driving instructors will usually keep aside 2 or more hours of your course for the day of your driving test. This usually includes some tuition time before the test itself. It is your responsibility to check with your instructor how much time will be used for the day of your test when making your lesson plan.

5.10. Abusive language or behaviour will not be tolerated at any time and your driving instructor can refuse to continue your lessons and retain your tuition fee if you display this kind of behaviour, or if they suspect at any time that you are under the influence of drugs or alcohol.

5.11. You must be confident that you have booked the correct course length for your driving abilities. Driving instructors have a moral obligation to only take learner drivers to the test centre who they believe stand a good chance of passing. If they feel there is a risk to the health and safety of other motorists, or a risk of damage to their property, they can refuse to take you to your test.

5.12. Except in circumstances deemed by The Pass People as extreme, you will not be entitled to change driving instructors once lessons have commenced. Any agreement to change driving instructors is subject to the agreement by the existing instructor to refund any remaining tuition hours. If supplementary tuition is required in order to adapt to a different driving instructor, further tuition fees will be payable by you.

5.13. You agree to inform The Pass People of any issues you experience regarding your course in a timely manner to allow us the opportunity to resolve such issues. Any issues raised after your course has been completed will not be considered by The Pass People.

6. LIMITATION OF LIABILITY

6.1. The Pass People shall not be liable to you for any loss or damage that results from circumstances outside of the reasonable control of The Pass People, the Driving Instructor or you.

6.2. The Pass People does not exclude or limit in any way its liability to you where it would be unlawful to do so.

6.3. The Pass People shall not be liable to you for any losses connected with business in any way, including loss of profit or loss of business opportunity.

6.4. The Pass People will not be responsible for tests moved or cancelled by the DVSA.

6.5. The Pass People will not be liable for any missed or cancelled lessons or tests due to the Driving Instructor being ill, vehicle breakdowns or any other circumstance outside of our or the Driving Instructor’s control.

7. FORCE MAJEURE

7.1. The Pass People shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, and we shall be entitled to a reasonable extension of our obligations. If the delay persists for such time we consider unreasonable, we may, without liability on our part, terminate the contract.

8. WAIVER

8.1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

9. SEVERABILITY

9.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

10. GOVERNING LAW AND JURISDICTION

10.1. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the British courts.

11. CANCELLATION PERIOD

11.1. You have the right to cancel and receive a full refund up to 14 days after making your booking. The Pass People will not start to search for a test or assign a driving instructor until the 14 day cancellation period has ended. If you wish for us to begin working on your booking earlier than this, you can waive your right to the

14 day cancellation period by completing and submitting the form that is sent to you via email when you make your booking.

12. COMPLAINTS POLICY

12.1. We are committed to providing a high-quality service to all our customers. When something goes wrong we need you to tell us about it as soon as the situation arises. This will help us to improve our standards of service. We take all customer complaints received very seriously. If you are not happy with the service you have received and wish to make a complaint, please email us at complaints@thepasspeople.co.uk or call us on 03301741399. We will endeavour to respond to and investigate all complaints within a reasonable timeframe.