Terms & Conditions

Welcome to Kinghams Driving School

By using this website and our driver training services, you agree to comply with the website and driving tuition terms and conditions set out below. These terms and conditions along with our privacy policy dictate the relationship between Kinghams Driving School and you in relation to this website, and between Kinghams Driving School, the instructor, and you in relation to driving lessons.

Website Terms and Conditions

The term ‘Kinghams Driving School’ or ‘us’ or ‘we’ refers to the owner of the website, and our registered office. ‘You’ relates to the visitor or user of our website.

By using this site, you agree to the following terms of use:

All information and content listed on this website is for general information use only. It is subject to change at any given time without prior notice.

We use cookies on this website to monitor the browsing preferences of visitors/users. If you agree to cookies being stored, the information may be stored by our company for external third-parties use.
We or any related third parties do not give any guarantee or warranty with regards to the performance, exactness, accuracy, appropriateness of the resources or materials offered on this website for any specific reason.
By using this website, you accept that materials and information may occasionally be inaccurate or contain errors of which we exclude liability for said errors or inaccuracies to the fullest extent permitted by law.
By using materials or information sourced from this website will be at your risk for which is not liable. It will be your responsibility to make sure that information, services, products offered by via our website meets your needs.
All materials on this website are either owned or licensed to Kinghams Driving School. Said materials includes but is not limited to graphics, appearance, design, and layout. Reproduction of said materials is strictly prohibited unless this is in relation with a notice of copyright that forms part of these terms and conditions.
All trademarks that are reproduced in/on this website, which are not the property of , or licensed to the operator, are acknowledged on the website. Any unauthorised use of this website may be a criminal offence and/or may give claim for damages.
At Kinghams Driving School, we may place external third-party links on our website which are provided for the convenience and benefit of the user. Said links does not show an endorsement of Kinghams Driving School of said website(s). We do not accept responsibility for the content of these third-party linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Driving Tuition Terms and Conditions

The contract is between the Instructor franchised by Kinghams Driving School and the Client.

1              Interpretation:

1.1          Words imparting the singular include the plural (and vice versa) and words imparting a gender include all genders.

1.2         The instructor with Kinghams Driving School will be referred to as the “Instructor”.

1.3          “Kinghams Driving School” will be referred to as the “School”.

1.4          The person taking training will be referred to as the “Client”.

2              Provision of training and training material:

2.1           The Instructor will provide in car tuition at the agreed time, price and within the agreed area.

2.2           Kinghams Driving School will only provide instructors who are fully qualified and approved by the Driver and Vehicle Standards Agency. Instructors will have been CRB checked, will follow the DVSA code of conduct and will always be smart, clean tidy and reliable.

2.3           Date, time and pick-up / drop-off point for each session will be agreed in advance by both parties.

2.4           The drop-off point may be different to the pick-up point by agreement of both parties.

2.5          In car training will take place in the Instructor’s vehicle unless clients requests use of their own vehicle (see clause 9)

2.6           The online Theory Test Pro training may be provided by your instructor for self-study only and must not be copied, forwarded, shared, broadcasted or loaned to third parties.

2.7           For students registered to Theory Test Pro, Kinghams Driving School takes no responsibility if the website is down or the Theory Test Pro account is unaccessible. Theory Test Pro is a third party service to which your instructor may offer free access.

2.8           Where installed, in car CCTV may be used to provide free video footage of the lesson. No video footage of your lessons may be published or broadcast at any time without the consent of the instructor.

3              Prices and payments:

3.1           The prices advertised may be subject to change at any time, in which case the Client will be informed before the concerning lesson. The Client may cancel lessons charged at the new rate at the time of being informed about it, or within the 24 hour cancellation period. A block of lessons booked and prepaid prior to any price increase will not be affected by the increase. Please refer to section 5.5(c).

3.2           Valid payment must be made on or prior to each payable session.

3.3           For Pay-as-you-go lessons a holding deposit may be required at the value of the following lesson booked.

3.4           Payments are accepted by cash or bank transfer. Refunds will be offered by bank transfer only.

4              Client’s obligations:

4.1           The Client must hold a current, valid driving licence (provisional, full or foreign licence), which must be produced to the Instructor on or before the first lesson. Any changes to the driving licence must be notified.

4.2           The Client must be able to read a number plate at a distance of 20.5 metres (67 feet) (with eyewear if normally worn).

4.3           The Client must ensure to be in a fit state to drive safely and at no time during training to be under the influence of alcohol or any substance which may affect his/her ability to drive. Any medical conditions (physical or mental, incl tiredness) that may affect the training must be indicated prior to the lesson or as soon as possible.

4.4           The Client must behave in an appropriate manner towards other road users and the instructor. Offensive attitudes will not be tolerated.

4.5           If at any time the Instructor considers the client to be in an unfit state to drive safely or behaving in an offensive manner, the training session may be suspended and still be charged at full price.

4.6 When booking a future lesson the client must make a note of the lesson date and time, ensure they have the financial resources to pay for, and the time to commit to the lesson. 

5              Cancellation or postponement of lessons:

5.1           Lessons may be cancelled, altered or postponed by the Client providing at least 24 hours of notice. If the Client cancels a lesson with less than 24 hours notice, for ANY reason, a cancellation fee of 50% of the lesson price will be charged. If the client does not attend an arranged lesson or cancels on the same day, the lesson will be charged in full.

5.2           Notice given between 9pm and 8am do not count towards the notice period. E.g. if notice is given at 10pm, the notice period starts at 8am the following morning.

5.3           The Instructor will avoid cancellations as much as possible to avoid financial loss and disruption to his/her diary. However the instructor may have to cancel at any time due to situations beyond his/her control, traffic delays etc. neither Kinghams Driving School or the Instructor are liable for any loss incurred by the Client in the event the Instructor cancels. When necessary an alternative lesson time during the same week or the week following will be offered. 

5.4           If any block discount has been applied and the training is cancelled by the Client before the agreed number of lessons have been completed, then the Client will be charged the normal hourly rate for lessons taken.

5.5           The Instructor will treat the Client as resigning from training if the Client:

(a) is not prepared to pay 50% of the lesson price if cancelled within a 24 hour period;

(b) cancels or postpones two or more lessons in sequence without giving the minimum notice of 24hours;

(c) fails to agree to take a further lesson within one calendar month of the last lesson;

(d) fails to complete a pre-paid block offer within 6 months;

(e) is unfit to drive safely as outlined in clauses 4.2, 4.3 and 4.4 on more than two occasions.

5.6           If the Client resigns from training any refund for prepaid lessons not consumed (if discounted refer to 5.4) must be claimed within 2 weeks from resignation and a £10.00 administration fee applies.

5.7           In case of unsuitable or dangerous weather or road conditions only the Instructor may postpone lessons. An alternative time and date may be offered and Kinghams Driving School or the Instructor will have no further liability.

6              The School vehicle:

6.1           All tuition vehicles are fitted with dual controls and will be well maintained, reasonably clean and tidy.

6.2           Neither the School or Instructor will be liable for any failure of a tuition vehicle during a lesson or the practical driving test. If a failure of a tuition vehicle is proved to be a result of negligence the liability lies with the owner of the vehicle.

 

7              Practical driving test:

7.1           The Instructor will inform the Client when the Client is ready to take the practical driving test. This does not guarantee a test pass and without prejudice to clause 6.2 is the School or Instructor liable if the Client fails the test.

7.2           If the tuition vehicle becomes unavailable for a driving test for reasons outside the School’s or Instructor’s control (e.g. break down) and an alternative vehicle is not suitable, the School will have no liability and the Instructor will have no liability beyond a refund of the test fee.

7.3           The Instructor cannot guarantee the Client will be ready for the practical driving test when the practical test is booked weeks in advance. The Instructor will advise the Client of their lack of readiness no less than one week prior to the test date. The Instructor will withhold the tuition vehicle for the purpose of the practical test if the Client’s standard of driving is unsafe and potentially dangerous and therefore not to the practical driving test standard.

7.4           The School and Instructor will not be liable if a test is cancelled by the test centre due to bad weather or lack of examiner availability. Also the school will not be responsible if a test is cancelled due to any issues related to the Instructors tuition vehicle. This is solely the responsibility of the Instructor. The Instructor is not responsible for required documentation which must be provided to the examiner by the Client (e.g. complete and valid driving licence), sufficient eyesight or fitness to drive.

 

8              Pass Plus:

8.1           Pass Plus courses are being offered under the guidelines of the DVSA.

8.2           All modules must be completed, preferably within practical lessons. Modules which cannot be completed practically (e.g. due to unsuitable location, daytime, or weather) will be covered in theory as far as permissible.

8.3           Whether each of the competencies have been achieved or exceeded will be evaluated and marked by theIinstructor on the report form. It is unlikely but possible that a competency might not be achieved to the standard required, in which case additional training can be booked to reach a positive level. Purchase of the course alone does not guarantee the achievement of all competencies, e.g. it is not possible to “buy” the course without achieving the required standard. At least 70% of all modules must be completed within practical driving lessons.

9              The client’s own vehicle:

9.1           If the Client prefers to have training in their own vehicle, then the Client is responsible for adequate insurance, covering driving tuition by a DVSA approved driving instructor.

9.2           The vehicle supplied by the Client must be roadworthy, insured and taxed. If the Client fails to produce valid Insurance documentation, or if, in the Instructor’s opinion, the Client’s vehicle is not roadworthy, the lesson will be offered in a School vehicle. The lesson will still be charged if the Client’s vehicle doesn’t fulfil the conditions above and if the Client decides not to fulfil the lesson in the Instructor’s car .

9.3           A removable instructor mirror will be fitted to the private vehicle for the duration of the lesson and if being used by a provisional license holder, the Client’s vehicle must display L-plates.

10            Limitation of Liability:

10.1         Nothing in these terms and conditions will limit the Instructor’s liability in any claim for death or personal injury caused by the instructor’s negligence.

10.2         Under no circumstances is the Instructor liable for any damage to or loss of property the client brings with him/her or leaves behind in the tuition vehicle.

10.3         The aggregate liability of the Instructor for direct loss of the Client’s equipment necessary for the lesson & resulting from the Instructor’s default will be limited to £100.00.

10.4         Neither the School nor the Instructor will be liable for consequences of any event, which is outside of the School’s or Instructor’s reasonable control or expectation.

 

11            General:

11.1         The School and Instructor will comply with the Data Protection Act 1998 at all times and will not pass the Client’s details to any third party without the Client’s consent (unless required to do so by law). The Client consents to their details being passed to the School’s or Instructor’s insurers in the event of an actual or potential claim and to allow the School or Instructor to arrange motor vehicle insurance cover.

11.2         Each right or remedy of the School under these Terms and Conditions is without prejudice to any other right or remedy of the School, whether under these terms and conditions or not.

11.3         These Terms and Conditions will be governed and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English and Welsh courts.

12            Complaints procedure:

12.1         Any client complaints should be directed to the Instructor directly.

12.2         This contract is between the Client and the Instructor who is self employed, being franchised by Kinghams Driving School. Therefore the School can only mediate. Emails will be acknowledged within 7 days, letters within 14 days. If necessary, complaints will then be fully investigated and resolution proposals will be given within 28 days.

12.2         Should the Client be unhappy with the outcome of the investigation and the handling of the complaint, then the Client may seek advice from the ADI Registrar at The Driving Standards Agency, Stanley House, 56, Talbot Street, Nottingham, NG1 5GU.