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BUSINESS TERMS & CONDITIONS Or Changes to Terms

COVID-19 SAFEGUARDING TERMS & CONDITIONS Or Changes to Terms

Lesson Details

How long are lessons?

Lessons are available for either 1, 1.5 or 2 hours.

Trying different lesson times should help to decide how long a lesson is suitable for each individual learner. It may be more content is covered during a longer lesson but concentration levels can occassionally decline. At Wendy's we can advise what works best for each learner.

Please note if the start/end of your lesson means we need to travel further we may need to book a longer lesson.

How much are lessons?

Contact Wendys for current prices and any available offers

Each lesson must be paid for in full at least 48 hours prior to the lesson

Cancellation Policy

If you need to cancel a lesson, please give your instructor a minimum of 24 hours (1 clear day) notice otherwise you will be liable for full payment. If a pre-paid lesson is cancelled it will count as a lesson taken unless a minimum of 24 hours notice is given. A link to the website will be provided to refer to Full Terms and conditions.

Business Terms and Conditions

In these Terms ‘Client’ refers to the person receiving the training.

The terms and conditions of business under which driver training is provided are outlined below. These are a contract between the Client (including the person or business responsible for the funding of the driver training) and Wendy’s Driver Training.

The Client will be informed of any amendments to the terms and conditions of business which can be seen in the ‘Changes to Business Terms and Conditions’ section below (Table A1).

1) Code of Practice

Wendy’s Driver Training abide by the Professional Code of Practice

Wendy’s Driver Training ensures:

• The training vehicle will be legally roadworthy, taxed insured and holds a valid MOT certificate. The vehicle is also clean, tidy and fitted with dual controls.
• The instructor will be courteous, polite and will not use improper language or suggestion. The instructor will not make or receive calls or texts during lesson times unless in an emergency and when the car is stopped in a safe place.

2) Lesson Appointments

A lesson appointment will be agreed verbally via text or email which will be added to the driving school appointment system. It is the client’s responsibility to log the appointment themselves.

3) Driving Licence

• Clients MUST personally ensure that they are the holders of a valid, current driving licence - which must be produced at the first lesson. The picture on photo card licences expire after ten years, your photo card licence must be up to date.
• Clients MUST inform their driving instructor if they receive any endorsements on their licence during the time they are receiving tuition. Including any short period disqualifications (SPD).
• Clients MUST satisfy the compliance with the regulations for eyesight, being able to read a number plate at the prescribed distance of 20.5 metres (67 feet) with glasses/contact lenses if normally worn. Where glasses or contact lenses are required in order to meet the eyesight requirement for driving, they must be worn at all times while the student is driving. DVSA Info for learning to drive

  4) Fitness to drive

• It is the Client’s responsibility to ensure they are fit to drive. The Client MUST inform their driving instructor of any special needs, medical conditions, disability or injury they have that might affect their ability to drive. The client MUST inform their driving instructor if they feel unwell before or during a lesson.
• The Client must ensure they do NOT drive whilst under the influence of alcohol (including the day after consuming alcohol which may result in still being over the legal drink drive limit), or drugs (some prescription and ‘over the counter medicines can cause drowsiness). The client should ensure they do NOT arrange driving lessons at times when they are likely to be tired, stressed or otherwise distracted.

  5) Client Wellbeing and Behaviour

• In the interest of comfort and safety, clients are advised to wear suitable footwear and comfortable clothing which does not restrict movement, please ask your instructor for any advice you may require.
• Wendy’s Driver Training will not tolerate any form of verbal or physical abuse, whether directed at the driving instructor, driving examiner or any other road user. The driving instructor reserves the right to terminate a lesson at any point if they feel it is inappropriate to continue with the lesson due to the client’s behaviour, state of mind or sobriety. No refund for the lesson will be offered in these circumstances and it is the driving instructor’s decision if transport is provided.

  6) Client’s Property

  The client is responsible for the care of any property they have with them when attending a driving lesson or test and should ensure they do not leave anything behind. Wendy’s Driver Training will NOT be held responsible for any loss of or damage to any property belonging to or in the possession of a client.

  7) Tuition Fees

• Tuition fees are as stated in the fees section of these terms of business and may be payable in advance. All accounts must be cleared before taking the official practical driving test.
• Driving tests take priority over lessons, therefore, pre-booked lessons may have to be cancelled or postponed if the school/instructor receives short notice of a driving test appointment.

  8) Postponement or Cancellation of Lessons by Instructor/School

  In the event of a lesson being cancelled or postponed and alternative appointment will be offered.

  9) Postponement or Cancellation of Lessons by Clients

• At least 1 clear working days (24 hours) notice of postponement or cancellation of a lesson is required. Late cancellations will be charged for as specified in the fees section.
• Notice to the school/instructor (in writing, by telephone, e-mail or by text) shall be deemed to have been served on the day that the communication is received at the school/instructor’s premises, where it will be timed and recorded.

  10) Postponement or Cancellation of a Test (Theory or Practical)

• The attention of clients is drawn to the fact that a statutory period of notice is required under government regulations for the cancellation or postponement of a test.
• If possible, the client will be advised in good time of the advisability of cancelling their test. The school/instructor cannot be responsible for the loss of the test fee if the client fails to immediately notify the test booking office. The address and telephone number is given on the test appointment document.
• THE SCHOOL/INSTRUCTOR CANNOT BE HELD RESPONSIBLE FOR ANY POSTPONEMENT OR CANCELLATION OF A TEST BY THE TESTING AUTHORITY - AT WHATEVER NOTICE.
• Clients should note that where lessons or tuition vehicle hire are cancelled at short notice, because of a cancellation by the testing authority, fees are still payable. It may be possible for clients to claim lost fees from the testing authority Check DVSA on how to claim

  11) School/Instructor Guarantee

• The school/instructor guarantees that only legally authorised instructors will give tuition.
• Instructors’ official authorising documents will be displayed on the windscreen of the car, and may be inspected freely at any time.
• Clients may be accompanied on their lesson by senior examiner, whose job is to ensure that the tuition given meets the required standard. This is a legal requirement and is in the public interest.

  12) The Driving Test

• Your instructor will advise the appropriate time to make an application for both the theory and practical driving tests. The advice will be based on the client’s progress to date. It does NOT imply that the necessary standard has been reached, or that it will for certain be reached by the appointed test date, the school/instructor will not hesitate to advise, where necessary, the postponement of the test. This condition is intended to save the client expense, unnecessary failure, and the consequent delay in waiting for another test and obtaining a full licence.
• The school/instructor reserves the right to withhold the use of the training vehicle for the test or a lesson, if in the opinion of the instructor the client is: i) Not at driving test pass standard. ii) Medically unfit (including eyesight). iii) Under the influence of drugs or alcohol. iv) Is not properly licensed to drive. v) Consistently fails to keep, or is late for appointments. vi) Falls into arrears over payment. vii) If, for any other reason, the instructor considers the client will be unsafe to handle a motor vehicle.
• Clients may be accompanied on their test by a senior examiner, whose job is to ensure that official standards of testing are observed by examiners. This is a legal requirement and is in the public interest.
• You are reminded that when you attend for your theory or practical test, you MUST take the required documents with you. Failure to comply with this regulation may result in your test being cancelled; you will forfeit your test fee and have to apply for a new test date and pay the fee again.
• In the event of the test appointment being sent to the client, they are required to notify the school/instructor as soon as possible, of the date and time of the test and show the confirmation to their instructor on their next lesson. The school/instructor cannot accept any responsibility for a client booking an incorrect time or date for a test unless the appointment confirmation is produced.
• Clients should notify the instructor/school immediately if the testing authority contacts them to alter the date or time of a practical test and the confirmation email must be sent to the instructor/school. If the client fails to do this, then the client will still be required to pay the lesson and test fee for the use of the instructor/school car . It is advisable to check your junk / spam email occasionally for any DVSA Test Booking cancellation emails and also periodically check your online DVSA test booking still shows the correct date and time.

  13) Tuition Vehicle

  Tuition vehicles are periodically changed, either permanently or temporarily due to mechanical or other problems. Wendy’s Driver Training will not be responsible for any losses eg. Test fees if the client chooses to decline lessons in the replacement vehicle.

  15) Supervision

• For the purposes of assessing, maintaining and improving standards on occasions it may be necessary for a driving instructor or examiner to observe a driving instructor during a driving lesson. The driving instructor will gain permission from the student before the lesson commences.
• Prior to the test the client will be asked if they would like their driving instructor to accompany them on their driving test. It is the choice of the student to either agree or refuse.

  16) Insurance

• School cars are fully insured for tuition and driving tests, the insurer’s name is: Adrian Flux (The certificate of insurance is available for inspection if required)
• No liability of any kind can be accepted by the school/instructor for the loss of, or damage to any property belonging to, or in the possession of the client.

  17) DATA PRIVACY

  Wendy’s Driver Training takes data privacy seriously. Any data is held securely and is only used for the purpose of the driving school directly. Client’s details will not be passed to any other party without the permission of the client or if required to do so by law.

  Nature and storage of data held at Wendy’s Driver Training

  DETAILS HELD FOR CLIENTS

• Name & Lesson Progress Notes are included on the ‘Client’s training progress document which is used by Wendy’s Driver Training only during lessons to keep a track of the client’s progress. The document is stored in a locked cabinet at the business address.
• Telephone number and emergency contact number stored on Wendy’s Driver Training mobile phone which are deleted when no longer required.
• Driving Licence Number is occasionally used to verify the client’s driving licence after which it is destroyed.

  DELETION OF DATA

  All data will be destroyed as follows:
• Upon successful completion of a driving test
• The client no longer requires training
• If a client has had no training within a 2 month period unless the client requests to keep the data for longer.
  Please note: Wendy’s Driver Training may need to keep your data for a period of time if establishing, exercising or defending any legal claims.

  EMAILS

  Client’s may receive emails and attachments from Wendy’s Driver Training with information to assist their driver training. The client may opt out of these emails anytime by sending a request to info@wendyw.co.uk.

  PHOTOGRAPHS AND TESTIMONIALS

  When clients pass their driving test or completed their training they will be asked for a photograph and optional testimonial / review for promotional purposes. The photograph and testimonial will appear on our website until such permission is withdrawn. An email to info@wendyw.co.uk should be sent requesting the photo and review to be removed. This will be removed within 2 weeks of the email being received.

  18) Legal Liability

• Clients should be aware that their instructors primary objective is to promote road safety, and in doing so, he/she will have to issue instructions which clients must be prepared to carry out without undue argument.
• The instructor will make every effort to train you to the highest standard, but can in no way be held liable for any errors you commit whilst driving and not accompanied by your instructor either before or after a test pass.
• During an official driving test the client is in charge of the vehicle and is liable for any fines or charges levied as a result of any motoring offence committed.

  19) Complaints

• If you are unhappy with any aspect of your tuition or regarding data protection you should notify the school/instructor without delay, and not later than seven days from the date on which the cause of the complaint arose. Every effort will be made by the school/instructor to satisfactorily deal with the complaint, these “Terms of Business” and the “Code of Practice for Approved Driving Instructors” forming the basis for negotiations.
• Should any dispute be unresolved mutually, then the client may wish to contact the Driver and Vehicle Standards Agency on 0300 200 1122 who may be able to help.

FEES & LESSONS

Description	Cost (£)
Duration of standard lesson = 1 hour	n/a
A standard lesson	Available on request (may change on occasions with special offers)
Charge for evening and weekend lessons	Standard lesson rate
The hire of the tuition car and instructor for driving test	Standard lesson rate
Lesson prior to driving test on test day	Standard lesson rate
Late cancellations (Less than 24 hours (1 clear day) notice of lesson start time)	Standard lesson rate

PLEASE NOTE: All fees are subject to adjustment from time to time at two week’s notice. In their own interests clients are advised to be punctual for appointments. The instructor will wait 10 minutes. A reciprocal waiting time may become necessary for the arrival of the instructor who may be delayed due to some unforeseen circumstance. The lesson will commence from the appointed time or the time of the instructor’s arrival if that should be later. Please note Terms and conditions are subject to change at any time. Any changes to Terms are stated below:

Changes to Business Terms and Conditions

Table A1

Date	Summary of change to Business Terms and Conditions
25-01-19	Amended Driving licence section
24-01-19	Amended section: Postponement or Cancellation of Lessons by Clients - Removed reference to Sundays and Bank Holidays Removed declaration page. Updated car insurance details
20-05-18	Amended sections: Driving Licence to include eyesight requirement, Client Wellbeing and Behaviour, Insurance, Complaints
19-05-18	Added sections: Code of practice, Fitness to Drive, Client’s Property, Supervision, Tuition Vehicle, Data Privacy.
20-09-22	Removed block booking references. Changed cancellation terms to 24 hours and lesson payments to 48 hours in advance

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COVID-19 Safeguarding Terms and Conditions

To safeguard you, myself and my other students while COVID-19 remains a threat it will be necessary to abide by the following additional terms and conditions. These are designed to help reduce the risk of contracting or transmitting the virus while taking driving lessons. Where there is any conflict between my standard terms and conditions of service and those listed below, these take precedence.

Further amendments may be made to these terms and conditions where the Client will be informed . Any changes can be seen in the ‘Changes to COVID-19 Safeguarding Terms and Conditions’ section below (Table A2).

“Noboby wants to experience COVID-19, so it is in everyone’s interest to ensure we keep ourselves safe” “Thank you for your co-operation in these difficult times” Wendy

Steps I am taking to ensure our safety

In summary I will be taking the following steps to ensure the safety and comfort of all students and myself:

• PPE - I will follow industry best practice on PPE requirements on every lesson
• Vehicle sanitisation - I will prepare the car and wipe down the steering wheel, other controls and touch points before and after every lesson
• Additional training - I will continue to be advised and guided in how to reduce viral contamination and best practice for operating a safe driving lesson via the DVSA – Driver & Vehicle Standards Agency and the MSAGB - Motor school Association of Great Britain
• Learner and instructor safety - Every student will be asked to declare that they are symptom-free
• Driving Lesson Procedures - Wendy’s Driver Training new procedures to be adhered to for every driving lesson (See Section 2)

SECTION 1 - Driving Lesson Procedures (Summary)

Below are the main steps at a glance that you will need to follow prior to and during each lesson. Please familiarise yourself with full details of these and additional procedures in Section 3

PRIOR TO LESSON DAY

Book lesson in advance

Lesson payment - 48 hours before your lesson

See section 2 regarding Lesson Cancellations

LESSON DAY

Confirmation text will be sent on the morning of your lesson

You MUST reply to confirmation text above

See section 2 regarding Lesson Cancellations

Don’t bring unnecessary objects

Bring warm clothes if a cold day

Wash hands/face before we meet

Be on time for your lesson

DURING THE LESSON

Avoid touching non-sanitised areas in the car or on yourself

Cover up coughs and sneezes

Keep a safe distance

AFTER THE LESSON

I will sanitise all touch points once the lesson is finished

Wash your hands after your lesson

SECTION 2 - Driving Lesson Procedures (Full Details)

The following procedures MUST be adhered to for every driving lesson. These are in addition to Wendy’s Driver Training Terms and Conditions

Booking Lessons – MUST be booked in advance

Checking Licence – You will need to share you driving licence prior to your first lesson so I can check your validity to drive. Occasionally I may need to check again. Details will be provided on how to do this when needed

Lesson Payment The best way to pay for my service is to pay via online banking direct into my account at least 48 hours before the lesson Avoid paying in cash, if you do bring cash, make sure it is the precise amount that is needed to pay for the lesson or lessons you want to purchase.

Lesson Cancellations due to Coronavirus A lesson CAN be cancelled at short notice without any charge if this is due to you having coronavirus symptoms.

Lesson Cancellations – Non-Coronavirus A lesson cancelled with less than 24 hours notice for non-COVID reasons will be charged as standard policy

Confirmation Text morning of the Lesson – (You MUST reply) On the morning of your lesson, you will receive a further text asking if you are still well for the lesson. Again, please confirm you are well and have not been in contact with anyone showing any symptoms as above

Be on Time for your lesson I will have longer time between lessons, but would ask that you are ready for the start time of our lesson, if you are late for the lesson you will lose time. If you are early you may need to wait outside the car until I have sanitised the car

Avoid bringing extra objects Please be mindful not to bring any objects with you that may potentially be a carrier for COVID-19, if at all possible. You can bring your phone with you provided it is switched off and can be kept on your person. Anything that cannot be kept on your person will need to be placed in a plastic bag or container provided by me for this purpose and returned to you at the end of the lesson.

Properly wash your hands and face just prior to each lesson Please wash your hands and face thoroughly with soap and water for 20 seconds (in line with Government guidelines) immediately before we meet for your driving lesson

Sanitising the car Before you get in the car, I will have cleaned all touch points in the car.

Unwell during lesson If you become unwell during the lesson, the lesson will be terminated and I will take you back to your home address. In these circumstances you WILL be charged

Car ventilation It is known that COVID-19 transfer is reduced in open spaces therefore I may ventilate the car by keeping some of the windows open during the lesson. If this is not practical, I will endeavour to ventilate the car between lessons. You may need to wear extra clothing, especially on colder days

Sanitise car after lesson I will need to sanitise the car again before I leave

Wash your hands after your lesson Remember to wash your hands after your lesson

Car deep clean Periodically the car will have a deep clean inside in addition to sanitising the car before and after a lesson

SECTION 3 - Risks and Responsibilities

1. What are the risks of contracting COVID-19 COVID-19 is an extremely contagious disease that can lead to severe illness and in some cases death. I will do my best to minimise the risk to you by sanitising those surfaces that you might touch and by ventilating the car whenever possible before each lesson. Due to the fact we will not be able to observe the social distancing rule while in the car, and because we will be operating in a confined space used by a number of different people, I am unable to guarantee you will not be infected by COVID-19 during your driving lessons.

2. Accept full responsibility should you or a member of your household become infected By undertaking driving lessons with me you are agreeing to i. accept full responsibility (except where I am negligent) for any loss, cost or expense you might incur should you contract COVID-19 or pass it on as a result of taking driving lessons with me ii. not take any action against me to recover any such loss, cost or expense.

3. Consider whether you or a member of your household might be particularly vulnerable If you or any persons you are likely to be in contact with are at risk of having a severe form of the illness as a result of being infected by COVID-19 (e.g. senior citizens, pregnant women and those with underlying medical conditions) please consider very carefully whether you should be taking a course of driving lessons at this point in time.

4. Immediately let me know if you or any members of your household have been exposed to serious risk of contracting COVID-19, tested positive for it, advised to self-isolate or shown symptoms of it. If you know you may have potentially been in a situation where you or any member of your household may have contracted COVID-19, been tested positive for it, advised to self-isolate (e.g. NHS Test and Trace or equivalent) or shown symptoms (see below) it is vital that you let me know as soon as possible. Please note, I do not need personal details of any individual to whom this may relate. COVID-19 symptoms include: a. a high temperature (38C or above) b. a new, continuous dry cough c. unexplained loss or change to your (or their) sense of smell or taste This list is not exhaustive. For the latest information please refer to the Government guidelines or refer to NHS Check COVID-19 Symptoms Info Without charge to you this will help me to decide whether it will be necessary to postpone any future lessons until it is safe to continue based on the latest Government guidelines. Should I discover you could have given me more notice of this I reserve the right to charge you for any driving lessons postponed.

5. Be prepared to answer truthfully any questions I might ask before any driving lesson about potential COVID-19 exposure or symptoms I may need to ask you questions about whether you have been in contact with people: a. who might be infected (e.g. advised to self-isolate) or b. who might have recently returned from abroad or c. who you know are definitely infected or d. who are particularly vulnerable to a severe form of the COVID-19 illness (also see 3 above). I will also need to ask you about whether you or indeed anyone else in your household have experienced symptoms (see 4 above). Please note I do not need personal details of any individual to whom the above may relate. Without charge to you, I reserve the right to postpone the lesson if I suspect you may have symptoms consistent with being infected by COVID-19 or have been seriously exposed to it until it is safe to continue based on the latest Government guidelines. Should I discover you could have given me more notice of this information I reserve the right to charge you for any driving lessons postponed as a result.

6. Reciprocal information about me and the need for action regarding points 4 to 5 I will inform you if I suspect I or anyone in my household have: a. been exposed to a serious risk of contracting COVID-19 or b. tested positive for COVID-19 or c. exhibited symptoms of COVID-19 infection or d. been advised to self-isolate. If so, I may need to postpone your driving lessons (including attending any driving test) and self-isolate, based on current Government advice, for at least 14 days or indeed longer in the case of a severe infection. In this instance any scheduled lessons would be carried forward until I was in a position to resume training.

Changes to COVID-19 Safeguarding Terms and Conditions

Table A2

Date	Summary of change to COVID-19 Safeguarding Terms and Conditions
08-07-20	Created terms
20-09-22	Removed face mask, sanitiser and meeting outside the car on lesson pickup requirements.

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