1. General
These Terms & Conditions set out the terms under which driving instruction is provided by PSM Driving and its driving instructors.
By booking or taking driving lessons with PSM Driving, you agree to these Terms & Conditions.
These Terms & Conditions form a contract between the customer and PSM Driving and/or the driving instructor providing the tuition.
These Terms & Conditions are governed by the laws of England and Wales, subject to any statutory rights the customer may have.
Nothing in these Terms & Conditions is intended to limit or remove your statutory consumer rights.
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2. DVSA Approved Driving Instructor Code of Practice
PSM Driving supports and follows the DVSA Approved Driving Instructor (ADI) Code of Practice.
The Code of Practice sets out professional standards for driving instructors, including personal conduct, business dealings, advertising and the handling of customer complaints.
Customers will be made aware of both the DVSA Approved Driving Instructor Code of Practice and these Terms & Conditions on or before their first driving lesson.
Customers are encouraged to familiarise themselves with the Code of Practice, which is available on the GOV.UK website.
DVSA Approved Driving Instructor Code of Practice:
https://www.gov.uk/government/publications/driving-instructor-code-of-practice/approved-driving-instructor-adi-code-of-practice
The Code includes provisions relating to the handling of money paid in advance, lesson and cancellation terms, refunds, complaints, customer safety, professional conduct and advertising. PSM Driving aims to conduct its business in accordance with these professional standards.
Nothing in these Terms & Conditions is intended to replace or restrict any applicable statutory rights or legal requirements.
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3. Entitlement to Drive
Before taking driving lessons, you must:
– Be aged 17 or over, or 16 or over where legally permitted due to disability.
– Hold a valid UK provisional, full or appropriate foreign driving licence.
– Provide evidence of your entitlement to drive when requested by your instructor.
– Be medically and physically fit to drive.
– Inform your instructor of any medical condition, disability, injury or medication that may affect your ability to drive safely.
If you are unable to provide evidence of a valid licence or entitlement to drive, your instructor may refuse to conduct the lesson. Where the inability to provide the required documentation is the customer’s responsibility, the lesson may still be chargeable.
You are responsible for ensuring that you are fit to drive before every lesson.
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4. Customer Behaviour and Safety
PSM Driving expects customers to behave respectfully towards instructors, driving examiners, other road users and members of the public.
Verbal abuse, threatening behaviour, physical abuse or other inappropriate behaviour will not be tolerated.
An instructor may end a lesson immediately if, in their reasonable judgement, continuing the lesson would be unsafe or inappropriate because of the customer’s behaviour, intoxication, drug or alcohol use, or state of mind.
Where a lesson is ended because of the customer’s conduct or because the customer is unfit to drive through circumstances within their control, the lesson may remain chargeable.
If an instructor considers that a customer presents an immediate safety risk, the instructor may take whatever reasonable steps are necessary to protect themselves, the customer and other road users.
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5. Lesson Fees and Payment
Current tuition fees will be communicated to the customer before or at the commencement of tuition.
Any increase in tuition fees will be communicated to customers in advance and will not retrospectively alter the price of lessons already booked and paid for.
Driving lessons are payable at the time of booking unless an alternative payment arrangement has been agreed with PSM Driving or the instructor.
Payment may be made by bank transfer or any other payment method offered by PSM Driving.
Discounted block bookings must normally be paid for in advance and in full.
Where a customer purchases a block of lessons, the hours included in that block should normally be used within 3 months of purchase, unless a different arrangement has been agreed with PSM Driving or the instructor.
The 3-month period does not remove or restrict any statutory consumer rights the customer may have.
Where PSM Driving is responsible for an inability to provide tuition within the agreed period, the customer will not lose any unused lessons solely because of that inability.
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6. Discounted Block Bookings
Discounted block bookings are offered on the basis that the customer purchases and uses the agreed number of hours as a block.
Where a customer voluntarily requests a refund of unused hours from a discounted block booking, the lessons already undertaken will be recalculated at the standard hourly rate applicable when those lessons were provided.
The difference between the discounted block rate and the applicable standard hourly rate for lessons already undertaken will be deducted from the amount otherwise refundable.
A £30 administration fee may also be deducted from a refund to cover the reasonable administrative costs associated with processing the cancellation and refund.
The administration fee will not apply where PSM Driving is responsible for failing to provide the lessons or where its application would conflict with the customer’s statutory rights.
Any refund calculation will be explained to the customer before the refund is processed.
Example
A customer purchases 10 hours for £415, giving a discounted rate of £41.50 per hour.
The customer subsequently requests a refund after completing 2.5 hours.
The standard hourly rate is £44.
2.5 hours at the standard rate:
2.5 × £44 = £110
Amount originally paid:
£415
Balance after recalculating completed lessons:
£415 − £110 = £305
If the £30 administration fee applies:
£305 − £30 = £275 refund
The example is illustrative only. The actual calculation will be based on the prices applicable to the customer’s booking.
Nothing in this section affects any statutory right to a refund or other remedy.
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7. Refunds
Refund requests should be made as soon as reasonably possible and should normally be made in writing.
Where a customer requests cancellation of unused lessons, PSM Driving will consider the circumstances of the request and calculate any refund due in accordance with these Terms & Conditions and applicable consumer law.
Where lessons have already been provided, the amount payable for those lessons will be taken into account when calculating any refund.
Where a discounted block has been purchased, the provisions in the Discounted Block Bookings section will apply.
Where PSM Driving or the instructor is unable to provide lessons that have been paid for and no suitable alternative arrangement can be agreed, the customer will be entitled to any refund or other remedy required by law.
Refunds will normally be made using the original payment method where reasonably possible.
Refunds will normally be processed within a reasonable period after the final amount has been agreed.
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8. Lesson Cancellations and Rearrangement
Customers should provide at least 48 hours’ notice when cancelling or rearranging a driving lesson.
Where less than 48 hours’ notice is provided, the lesson may be charged at the full lesson rate if the instructor is unable to reasonably fill the cancelled appointment.
Where a customer repeatedly cancels or rearranges lessons at short notice, PSM Driving may review the customer’s booking arrangements.
If the customer does not attend a lesson, the instructor will make reasonable attempts to contact the customer.
Where the customer has not arrived or contacted the instructor within approximately 15 minutes of the agreed start time, the lesson may be treated as cancelled and may be charged.
PSM Driving will take reasonable steps to minimise any loss caused by a cancellation where possible.
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9. Cancellations by PSM Driving or the Instructor
Lessons may occasionally need to be postponed or cancelled because of illness, vehicle problems, emergencies, adverse conditions or other circumstances outside the instructor’s reasonable control.
Where this occurs, PSM Driving will make reasonable efforts to arrange an alternative appointment.
Where PSM Driving or the instructor cancels a lesson, the customer will not be charged for a lesson that has not been provided.
If an instructor is unable to continue providing tuition for an extended period, PSM Driving will discuss reasonable alternatives with the customer, which may include transferring tuition to another instructor where available or refunding unused tuition where appropriate.
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10. Change of Vehicle or Instructor
Vehicles used for tuition may occasionally need to be replaced, sold, repaired or temporarily taken out of service.
Where reasonably possible, PSM Driving will provide a suitable replacement vehicle or alternative arrangement.
Customers may also request a change of instructor, subject to availability.
A change of instructor or vehicle does not automatically entitle a customer to a refund where suitable tuition continues to be available.
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11. Driving Tests
Customers should consult their instructor before booking a driving test to discuss the instructor’s availability and whether the customer is likely to be ready for the test.
Customers should inform their instructor of their test date, time and location as soon as reasonably possible and provide their DVSA test confirmation when requested.
PSM Driving cannot guarantee the availability of a particular instructor or vehicle for a test unless this has been specifically agreed.
For safety reasons, an instructor may refuse to provide their vehicle for a driving test if, in their reasonable professional judgement, the customer is not at a safe test standard.
Where possible, the instructor will give the customer sufficient notice to allow the test to be cancelled or rearranged without losing the DVSA test fee. However, this may not always be possible, particularly where a customer books an intensive course or where the customer’s standard changes shortly before the test.
If PSM Driving withdraws the use of its vehicle because the vehicle is unavailable due to mechanical failure or the instructor is unable to attend due to illness or another circumstance for which PSM Driving is responsible, PSM Driving will discuss the available options with the customer.
Where appropriate and legally required, PSM Driving will reimburse any directly resulting loss.
PSM Driving is not responsible for cancellations made by DVSA, except where the law provides otherwise.
Where DVSA cancels a test, the customer remains responsible for fees for lessons or vehicle hire that have already been provided or properly booked and which cannot reasonably be reallocated, subject to applicable consumer law.
Where a test is cancelled because the customer’s documents or eligibility are not in order, the customer remains responsible for any properly incurred lesson or vehicle-hire charges, subject to applicable consumer law.
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12. Complaints
PSM Driving aims to provide a professional and reliable service.
If you are unhappy with any aspect of your tuition or service, you should contact your instructor or PSM Driving as soon as reasonably possible so that the matter can be investigated and resolved.
There is no requirement to make a complaint within seven days in order to preserve your statutory rights.
Complaints should, where possible, include details of the issue, relevant dates and any supporting information.
PSM Driving will consider complaints fairly and will make reasonable efforts to resolve them promptly.
Where a complaint cannot be resolved directly, customers may seek independent consumer advice or use any applicable alternative dispute resolution or regulatory route.
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13. Data Protection and Privacy
PSM Driving will process personal information in accordance with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.
Personal information will be collected and used only where there is a lawful basis for doing so and for purposes connected with providing driving tuition, administering bookings, processing payments, communicating with customers, meeting legal obligations and protecting the safety and security of customers and instructors.
Personal information will be kept secure and retained only for as long as reasonably necessary.
Customers may have rights in relation to their personal information. Further information is available in the PSM Driving privacy policy.
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14. Dashcams and CCTV
Vehicles used by PSM Driving may use dashcams or other recording equipment for safety, security, training, incident investigation and other legitimate business purposes.
Where recordings contain personal data, they will be handled in accordance with applicable data protection law and PSM Driving’s privacy policy.
Recordings will not automatically be used for advertising or social media.
Where PSM Driving wishes to use identifiable customer footage for promotional or social-media purposes, appropriate permission will be obtained where required.
Customers may ask their instructor or PSM Driving for further information about recording equipment and how recordings are handled.
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15. Liability
The customer remains responsible for complying with road traffic law while driving the vehicle, subject to the instructor’s role in providing tuition and supervision.
PSM Driving and its instructors will provide tuition with reasonable care and skill.
Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.
PSM Driving is not responsible for matters outside its reasonable control.
PSM Driving cannot guarantee that a customer will pass a driving test or achieve a particular result.
PSM Driving cannot be held responsible for driving undertaken by the customer outside lessons or after the customer has passed their test.
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16. Changes to These Terms & Conditions
PSM Driving may update these Terms & Conditions from time to time.
Any significant changes affecting existing customers will be communicated to them where appropriate.
A change to these Terms & Conditions will not retrospectively remove or reduce a customer’s statutory rights or alter contractual rights that have already accrued.
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17. Statutory Rights
Nothing in these Terms & Conditions affects the customer’s statutory rights under applicable consumer law.
Where any provision of these Terms & Conditions conflicts with a mandatory legal requirement, the relevant legal requirement will take precedence.
If any provision is found to be unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
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PSM Driving
Portsmouth, United Kingdom
Telephone: 07734 585066
