Legal Notice T&Cs
Legal Notice - Terms & Conditions
Name of company
EMSTaRS
Emma's Motoring School, Traffic and Road Safety Services
Registered office
3 Longs Lane, Bridport, Dorset, DT6 3DA United Kingdom
Contact details
Mrs Emma Norton
Business no.
07986 435861
Regulatory authority
Driving Vehicle Standards Agency - Code of Conduct for Approved Driving Instructors (https://www.gov.uk/government/organisations/driver-and-vehicle-standards-agency)
Please visit DVSA Safe Driving For Life for more information (https://www.safedrivingforlife.info)
Driving Instructors Association (DIA Member https://www.driving.org) (https://n-a-s-p.co.uk)
Road Safety GB (AMRSGB https://roadsafetygb.org.uk)
Please read our Terms and Conditions below and our Privacy Policy.
Terms and Conditions: of driver and theory training/coaching. Agreed between both the client/trainee and the instructor.
1. The instructor will provide services to any client paying for the services as a sole client. The client may purchase services for a named individual as the trainee/driver to receive these services. The client must provide the trainee/driver identity to qualifying with legal requirements to drive a vehicle on the road. A licence check will be carried out and details will need to be given to the instructor to prove their identity as set out by the Driver and Vehicle Standards Agency for further details please visit https://www.gov.uk/view-driving-licence. The instructor must be satisfied that the trainee/driver booked to take lessons is the same person presenting their licence.
2. To drive on the road/public highway, the trainee/driver must be able to read a registration plate at the specified distance as set out in the Highway Code Rule 92 (https://www.gov.uk/guidance/the-highway-code). This can be aided by lenses, which MUST then be worn for driving at all times. Failure to read the registration plate will mean the instructor cannot allow the trainee/driver to take the vehicle on the road/public highway.
3. The trainee/driver must present themselves fit to drive (as they will be operating machinery) on the road in accordance with the rules of the Highway Code Rule 89 and Road Traffic Act 1988, Sec 94. The trainee/driver must be willing to learn. If deemed unfit to drive by the instructor on seeing/experiencing the trainee/driver's behaviour/demeanour the lesson will be cancelled and the lesson fee will be spent. If the client/trainee/driver decides they are not fit/in good health for the lesson they must tell the instructor no matter the amount of notice given. The instructors discretion will determine if a cancellation charge will apply. This decision will safeguard others and will be taken into account, please give as much notice as possible.
4. The Approved Driving Instructor (ADI) is registered with the DVSA to carry out a professional service, Codes of Conduct apply and these can be found on the DVSA website (listed above). The ADI may vary their teaching/coaching techniques to aid the trainee/driver with their learning style. Both ADI and trainee/driver must communicate well with each other to obtain key leaning outcomes, aims and objectives. The environment to developing these skills should be to the standard/level and ability of the trainee/driver. Due to placing the trainee/driver onto the road with all other road users it is possible that mistakes by them or other road users can occur. The level of risk is may be thought of as high however, this is mitigated by the use of dual controls, voice commands and interventions from the instructor to reduce the risk. Not all risk can be eliminated as other road users may not react/act in accordance with the rules of the road. This may create high levels of stress for trainee/driver when learning and in contact with other road users. The conduct of the trainee/driver is to follow the guidance of the instructor to safeguard everyone and in a manor that is non-threatening.
5. Fee rates/service charges are applicable to the client and must be paid to the EMSTaRS Instructor. The fee rate is agreed by the paying client with their Instructor and must be paid in advance of the service. Payment is taken either via online banking as the preferred method (payment details will then be shared with client and instructor), or cash is still acceptable, cheques are no-longer taken. The fee rates are subject to changes with a notice period to the paying client of two (2) weeks. The instructor will notify the client/trainee/driver either by text message, email or orally of any changes to the lesson arrangements within a reasonable notice period.
6. The instructor has the right to postpone a lesson, due to weather conditions, traffic delays, breakdown and or unforeseen circumstances or incident. The instructor will contact the client if delayed for more than 15 mins to inform of the delay or to postpone if required, unless they are otherwise incapacitated and or legally unable to do so. The Instructor may cause further delay to stop and make a call or send a message to the trainee/driver. The instructor should try to make up the time lost, reschedule the lesson or refund the time lost to the client if prepaid at the rate the client originally paid for that particular lesson.
7. All fees should be paid to the instructor as agreed and accounted by the instructor in agreement with the client. The driving lesson fee should be paid at least one lesson in advance of the due date and time of the lesson (unless otherwise agreed by the instructor).
8. Block booking lessons allows clients to pay for a set number of lessons to obtain a regular booking slot (sometimes special offers or discounted prices may apply) in the instructors diary in advance. If block booking lessons, the lessons must be completed within a six (6) month period. A 'Special Offer' or 'Discounted rate' only applies if the total fee is paid in full and in advance of the first lesson of the block booking period. Special offers or discounts are only those given by EMSTaRS
(not by other driving schools or independent instructors).
9. EMSTaRS
gift vouchers are the only vouchers valid to present as payment of a lesson by the trainee/driver. The gift voucher will only be valid if used within a twelve (12) month period of the date issued, vouchers are non-refundable to the driver/trainee unless otherwise agreed by the instructor/client.
10. Cancellation of lessons; the client/trainee/driver must give at least forty-eight (48) hours notice to cancel a lesson to enable the lesson fee to be refunded or lesson rescheduled with the instructor. The client may be liable for a cancellation fee if this notice period is not given. Please contact the instructor directly to cancel/reschedule. Please note: a voicemail or text message may not be picked up immediately by the instructor, as they may have long periods of time when they cannot use or access their mobile phone/device.
11. The client/trainee/driver and the instructor have the right to discontinue with lessons if either feel they are not compatible. A refund of advance payment for lessons or hours that have yet to be carried out will be made as long as the notice period is given and agreed by the instructor. A refund will only be granted against hours of lessons not carried out and the refund will be paid back to the paying client (not necessarily the trainee/driver) unless otherwise agreed by both the instructor and paying client.
12. Agreement of the Terms and Conditions - the trainee/driver will be asked to sign an agreement at the beginning of the first lesson with their instructor to say they have read, fully understand and will comply with the T&C's.
Coronavirus Terms and Conditions - Guidance source from NASP/DIA and HSE - these guidelines are subject to changes in the UK. At this time masks do not have to be worn during lessons or tests. However, you or the instructor may wish to use a mask. Cleanliness and notice of Covid illness should still apply.
Lessons can take place in the car if:
C1. The instructor and the trainee are recommended to wear a mask unless a valid exemption is provided. The trainee may use their own mask as long as it covers their mouth and nose and is comfortable to remain in place without touching it. It is not possible to use a face shield as the vehicle insurance may not cover injuries incurred from the use of this device. If the trainee wears glasses and has issues with glasses fogging up, the advice is to get a good seal of the mask across the nose and wear the glasses over the top of the mask. If the trainee has an issue with wearing a mask the trainee should have an exception reason. It is the Instructors discretion if they wish to carry out a lesson in close proximity with the trainee not wearing a mask.
C2. The vehicle will be cleaned on touch surfaces before the trainee is able to get in and drive the vehicle.
C3. The Trainee and the Instructor should wash/sanitise their hands before starting the lesson.
C4. If the trainee is feeing unwell
either before, during and/or after the lesson the trainee must let the Instructor know
especially if they are experiencing symptoms of Covid-19. No cancellation fee will be applied. Please give as much notice as possible to the Instructor by text message. This may cause a halt to lessons and they will be put on hold for the necessary isolation period.
C5. If the trainee and or Instructor has Covid-19 symptoms or been in contact with anyone that has the virus, they must inform each
other.
This is required to avoid the spread of the virus to others. This may mean the instructor will have to put a halt to lessons (lessons on hold) as each may have to do an isolation period of 7-14 days.
C6. The trainee should try not to touch their face, especially nose and mouth, if they feel a sneeze or a need to cough they need to try and do this into their armpit or elbow. However, this may not be possible if they are driving, if unable to do this safely whilst driving the instructor will make the trainee pull over where/when safe to do so, to allow the vehicle to be cleaned (wipes provided) to safe guard potential contamination risk.
If you have any enquires or wish to discuss any of the Terms and Conditions please ask by using the contact us form.
Complaints must be made in writing to: Mrs Emma Norton
Email: emma.norton@emstars.info
or by post to 3 Longs Lane, Bridport, Dorset DT6 3DA.
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