Terms & Conditions

Interpretation and application

  • In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means I-Can Driving Solutions Ltd.
  • I-Can Driving Solutions Limited is incorporate and registered in England and Wales with company number 10010764 whose registered office address is at 82 Hollin Lane, Middleton, Manchester M24 5ef.
  • “You” or “Your” means you the customer.
  • You must read these Conditions in full as they set out the complete terms upon which We have agreed to provide and You have agreed to obtain driving lesson tuition from Us.
  • We and Your Driving Instructor reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions.

 

Driving Lesson Tuition with I-Can Driving Solutions

  • I-Can Driving Solutions offer driving lesson tuition with an I-Can Driving Instructor (“Your Driving Instructor”).

 

Your Driving Instructor

  • Your Driving Instructor is one of Our self-employed franchisees whose relationship with Us is governed by a franchise agreement. No contractual liability shall arise or subsist between You and Us. We will endeavour to assist You with Your requirements. All of Our Driving Instructors are licenced to carry on business as driving instructors and have obtained such licences from the Driving Standards Agency, which is an executive agency of the Department for Transport

 

Lesson Tuition

Lesson Tuition is only available to persons who meet the following criteria:

  • Aged 17 or over (or aged 16 if in receipt of the higher rate element of the disability living allowance) and
  • Who hold a valid UK provisional driving licence (“Licence”) and
  • Who are legally entitled to drive in the UK. Satisfy the medical requirements to drive, including compliance with the regulations for eyesight. Being able to read a number plate at the prescribed distance of 20.5 metres (67 feet) with contact lenses if normally worn. Where glasses or contact lenses are required to meet the eyesight requirement, they must be worn at all times while the student is driving.

Your responsibilities.

  • It is Your responsibility to ensure that You have the appropriate Licence and the Licence must be presented to Your Driving Instructor prior to the commencement of Your tuition. Any points, endorsments, bans, convictions or bans of any kind on your license must be notified to your instructor immediately.
  • Your Instructor reserves the right to refuse to provide You with lesson tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence prior to Your first lesson.
  • Your lesson tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, time, pick-up location and duration of Your lessons.
  • You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly with regard to matters affecting Your health and safety or the health and safety of others.
  • Fitness to drive. It is the students responsibility to ensure that they are fit to drive, The student must inform their instructor immediately of any medical condition, injury or disability that might affect their ability or entitlement to drive. The student must ensure they do not drive whilst under the influence of alcohol or drugs (including the day after consumption, which may result in them still being over the legal limits).
  • The student must wear suitable clothes and footwear that do not restrict movement or impede their ability to drive safe in any way.
  • Behaviour. I-Can Driving Solutions Ltd. Or your driving instructor will not tolerate any form of verbal or physical violence, whether directed at the instructor, a driving examiner, or any other road user. The driving instructor reserves the right to terminate the lesson at any stage should, in their sole opinion, feel it is inappropriate to continue due to the students behaviour, sobriety or state of mind. In these circumstances the lesson fee is forfeited and it is the instructors sole discretion as to whether any further transportation is provided.

 

Your Driving Instructor’s responsibility.

  • Provide You with lesson tuition at the hourly rate communicated to You from time to time;
  • Recommend what are, in their opinion, the most appropriate training methods and aids to help You study for Your theory and hazard perception test;
  • Design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical test;
  • Provide You with lessons which will last one hour or such other duration as You and Your Instructor will agree in advance;
  • Provide a presentable, modern, properly maintained and dual controlled I-Can Driving Solutions branded car for each lesson
  • Recommend, where appropriate, advanced courses to help You develop Your skills for; motorway driving, driving in extreme weather conditions and Pass Plus;
  • Give You relevant feedback during Your lesson and record Your development.
  • Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to book Your practical driving test and where required, they will advise whether it should be subsequently rescheduled;
  • Provide training on a one-to-one basis with no other learner in the car;
  • Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of Your lesson
  • At all times conduct themselves in a professional manner including;
    • being courteous and considerate to You
    • avoiding physical contact except in an emergency
    • not smoking during Your lessons
    • restricting mobile phone use to emergencies or for Your benefit;
  • Reserve the right to cancel a lesson or finish a lesson early on grounds of road safety
  • Not discriminate against You and will always abide by the law;
  • Endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any circumstances beyond their control;
  • Endeavour to give You two working days notice (excluding Bank Holidays) should a lesson need to be rescheduled;
  • Respond professionally to any worries or issues that You may have and try to resolve them to Your satisfaction.
  • If Your Driving Instructor is for whatever reason unable to comply with their obligations to You, both We and Your Driving Instructor reserve the right to arrange for an alternative I-Can Driving Solutions Driving Instructor to provide You with some or all of Your driving tuition. We will use Our best endeavours to notify You or the alternative instructor who will provide You with Your lesson tuition. If We or Your Instructor are unable to arrange for an alternative Instructor to provide Your lesson tuition, or in the event of a mechanical breakdown of the vehicle in which You have been learning to drive, or for any other reason, the Instructor reserves the right to rearrange Your lessons for a time convenient to both You and the Instructor.

 

Lesson Cancellation Policy

  • You must give Us or Your Instructor at least 48 hours notice (the “Minimum Notice”) if You wish to cancel or rearrange a driving lesson, this includes reducing the length of the lesson (eg. Reducing the length of a two hour lesson to a one hour lesson) otherwise You will be liable to pay for 100% of the lesson fee.
  • Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice to cancel or rearrange the lesson, it will be counted as a lesson taken for the purposes of the lesson cancellation policy and You will be liable for the lesson fee.
  • You will not be able to sell or transfer any driving lessons which You have pre-paid for to any third party, without obtaining Our prior written consent.
  • The student can make cancellations through I-Can Driving Solutions Ltd. or through their instructor directly.
  • Where a student repeatedly cancels lessons, the driving instructor reserves the right to:
  • Impose a longer period of notice required for the cancellations of lessons.
  • Insist on prepayment for all driving lessons.
  • Discontinue driving lessons with the student.
  • Where the student is, in the sole opinion of the driving instructor, not fit to drive through alcohol, drugs or any other condition, the driving lesson will be cancelled and the driving lesson fee will be charged in full.
  • Intensive courses. Intensive courses require a minimum of 7 days notice for cancellation. Cancellations of intensive courses will result in the deposit of £150 being forfeited. Intensive courses cancelled less than 7 days prior to course commencement are non refundable and will result in the full course fee being forfeited. 
  • The driving instructor will wait 10 minutes after the appointment time before deeming the driving lesson to be cancelled with insufficient notice.

 

Driving Tests

  • Driving tests should not be booked without prior consent of competency of the student and availability of all parties, from your instructor.
  • No responsibility will be taken by I-Can Driving Solutions Ltd. or the instructor for any tests booked by the student during times when the instructor is unavailable.
  • If your instructor is unavailable and where possible I-Can Driving Solutions Ltd may be able to locate a different instructor. Where the student agrees, they accept the replacement driving instructor’s car as the car they will be driving on test.
  • The driving instructor’s car is available for test at the same rate as a normal 1 hour driving lesson.
  • Students should notify their instructor of the time, date and location of their driving test. No responsibility will be taken by I-Can Driving Solutions Ltd. or the driving instructor for incorrect driving test information provided by the student.
  • Students will only be allowed the use of the driving instructor’s car for a driving test if the driving instructor agrees they meet test standards. The driving instructor reserves the right to refuse use of the car for the practical driving test if, in their professional opinion, the student has not reached a sufficient standard of competence, to take full responsibility for the safety of the vehicle and other road users.
  • Where the use of the car is withheld for a driving test, the driving instructor will, where possible give enough notice to enable the student to cancel the test without the loss of the test fee. This may not always be possible with intensive courses. No responsibility will be taken by I-Can Driving Solutions or the driving instructor for withdrawing the use of car when the student is deemed to be not ready for test.
  • Where the test is cancelled by the instructor due to a fault with the car, illness or any other reason that is the responsibility of the driving instructor then the student will be entitled to the cost of their next driving test fee to be paid for by the driving instructor.
  • The driving test fee will not be reimbursed where the student is given sufficient notice to cancel their driving test appointment without the loss of the test fee.
  • Where the test is cancelled by the DVSA, the full test fees due to the instructor for driving lessons and use of car on test are still payable in full, unless cancelled in accordance to our normal period cancellation policy.
  • Where the test is cancelled at short notice by the DVSA, it is possible to claim back a proportion of the lesson fees and other expenses from the DVSA. This is the responsibility of the student.
  • Where a test is cancelled due to the student’s documentation not being in order, because the student is ill, the student has given incorrect driving test information or for any other reason that is the responsibility of the student, I-Can Driving Solutions Ltd and the driving instructor are not responsible for any test fees. The full fees due to the instructor for driving lessons and use of car on test are still payable in full unless cancelled in accordance with the normal notice period.

 

Price Changes

  •  We reserve the right to change the price of all Our learner driver products including all Lessons, at any time. You will receive prior notice of any price increases.

 

Special Offers and Personal Solutions Services

  • We also reserve the right to introduce (and to withdraw) offers and services from time to time in respect of both Our driving tuition together with any other products that We may decide.
  • Such offers will not affect the price of tuition unless it is expressly stated within the offer.
  • These terms and conditions shall apply to the offers, in each of the particular personal solutions services.

 

Payment

  • You must pay for Your product(s), good(s) or lesson(s) in advance or at the time of the lessons (excluding intensive courses) using the following methods:
  • Payment via cash made directly to Your I-Can Instructor prior to the date of commencement or at the start of your scheduled lesson.
  • Payment via cheque made payable to Your Instructor or agent, “I-Can Driving Solutions Limited” (“Agent”).
  • You can send cheques to our registered office address 82 Hollin Lane, Middleton, Manchester, M24 5EF.
  • Payment via debit card using your Instructor’s card terminal, where possible.
  • Intensive courses. A deposit of £150 is required upon booking, the remaining fees are due 14 days prior to course start date. In the event of the remaining fees being unpaid the course will be cancelled and the deposit forfeited.

 

Acknowledgement

  • Payments made directly to I-Can Driving Solutions ensures the agreement and responsibility to provide driving lessons is with I-Can Driving Solutions Ltd.
  • Where You make any payments directly to Your Instructor or any of Our Instructors and the Instructor fails to pass on such payments to Us, neither We nor the Agent will be liable for any shortfalls in such payments or any missing payments or any other failure on the part of the Instructors to forward such payments on to the Agents or Us and You acknowledge that You will at all times be liable for any payments that remain outstanding to Us.
  • Further, You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation to all payments You make to Your Instructor or any of Our Instructors. Where We are able to, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same.
  • We do not accept responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected, tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.

 

Refund Policy

Lesson Tuition

  • You are entitled to cancel Your lesson tuition up to 7 days following the date of commitment (“Booking Date”) or otherwise in accordance with the Distance Selling Regulations 2000 (the “Regulations”). If You have not taken any lesson(s) within the first 7 days of the Booking Date You will be entitled to a full refund of any amounts paid.
  • If You have taken lesson(s) within the first 7 days, and You wish to cancel You will not be eligible for a refund on any lessons taken.
  • No refund is payable where a period of 6 months has lapsed since Your last lesson, or from date of payment, if no lessons have been taken. 
  • Where it is possible to do so, and We agree to refund You any amounts, We will do so using the same method You used when You made the payment. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund You by any other method We deem appropriate.
  • We may request additional information from You to confirm Your identity in order to comply with the Money Laundering Regulations 2007; We will also use this information to ensure adherence to Our Merchant Operating Instructions for card collection facilities.
  • Refunds may take up to 28 working days to reach You or Your account.

 

Limitation of Liability

  • Neither the Agent nor We have, or shall have any liability to You in relation to any injury, loss or damage arising from the use of the tuition vehicle or from the facts or omissions of Your Instructor or any other one of Our Instructors.
  • We will not in any event be liable for any losses relating to any business interests that You may have including but not limited to loss of profits, business, loss of opportunity or any business interruptions or delays that You may incur. This does not apply to any claim You may have for personal injury or death and nothing in these Conditions will affect Your statutory rights.
  • We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third party industrial disputes, internal industrial disputes where We have taken reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe weather conditions We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary.
  • Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than 30 days’ notice in writing to Our address below.
  • Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.
  • Informing You about Products and Services. If You decide You do not wish to receive such information, please inform Us, but be aware that this will prevent You from receiving Our special offers and/or promotions.

 

Data Protection

  • For the purposes of the Data Protection Act 1998, the data controller in relation to the information You supply is I-Can Driving Solutions Ltd (10010764)
  • We may use the information You provide for administration, marketing, customer services and profiling Your purchasing preferences. We may also disclose Your information to Our service providers and agents for these purposes. If You do not want Us to contact any third parties with this information, You must notify Us of Your objection within 24 hours of accepting these Conditions. When You give Us information about another person, You confirm that they have authorised You to act for them, to consent to the processing and use of their personal data in the manner described in this notice and to receive on their behalf any data protection notice.
  • You have the right to ask for a copy of Your information (for which We will charge a reasonable fee to cover Our administration costs) and to correct any inaccuracies contained therein.

 

Complaints Procedure

  • If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact us on 07919151972, via Facebook I-Can Driving Solutions, at www.i-CanDrive.co.uk or email us at [email protected].
  • I-Can Driving Solutions will endeavour to resolve the issue within ten working days of receipt of your complaint.

 

Legal Liability

  • The student, in accordance with road traffic law, is legally responsible for any traffic offences that occur whilst they are in charge of the vehicle.
  • The driving instructor will endeavour to train the student to the highest possible standard, however they cannot be held responsible for any errors or offences that are committed, or the standard of driving whilst the student is driving without the driving instructor’s supervision, either before or after the student passes their driving test.

 

These are the full terms and conditions of:

I-Can Driving Solutions Ltd.

82 Hollin Lane

Middleton

Manchester

M24 5EF

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