Driver Training Skills
Terms and Conditions 1st April 2009

1.    Interpretation
1.1    In these terms and conditions the following words have the following meaning
Trainer: The trai ner name  d within this agreement or such other qualified trainer that DTS may provide
Client: The person identified within this agreement
Training: Training agreed by the parties and provided by DTS to the Client, the frequency and duration of which have been agreed between parties
Training Session: Time and length as agreed between parties
Price: The price for training as specified within this agreement ; or as may be notified to the Client by DTS from time to time
Company: The training company as identified in this agreement
Employee: Employee and driver may be one of the same who is receiving training as agreed with the Client

1.2    The headings inserted in these Terms and Conditions are inserted for convenience only and will not affect its interpretation or construction
1.3    Words imparting the singular include the plural (and vice versa) and a word imparting a gender will include all genders

2.    Provision of Training
2.1    DTS will provide the Client with training in consideration of the price
2.2    The time, date and place of training will be agreed in advance by the parties involved
2.3    DTS will provide trainers for all training that are qualified and registered with Driving Standards Agency    
2.4    Trainers are bound by a professional code of conduct and will be courteous, polite, appropriately dressed and punctual at all times

3.    The Client’s obligations if the training involves the Client’s employee(s) driving a motor vehicle
3.1    The driver (employee) must hold a current, valid full licence which must be shown to, and checked by, the trainer in advance of, or at the first in vehicle training session
3.2    The driver must be able to read an old style number plate at a distance of 20.5 metres (67 feet) and a new number plate from 20 metres. This will be checked by the training prior to any in vehicle training and the driver must wear glasses or contact lenses if medically prescribed and stated on the driver’s licence    
3.3    The Client is responsible for ensuring that their employees are fit to drive safely and at no time under the influence of alcohol or any other substance that may affect the employee’s ability to drive
3.4    If at any time the Trainer, in his absolute discretion, considers that the driver is not in a fit state to drive safely, the trainer may stop the training session. No refund for the training will be payable

4.    Cancellation or postponement of training
4.1    Subject to clause 4.2, either party may cancel or postpone training upon providing a minimum notice period of three clear working days (e.g. to cancel a Friday training session one party must notify the other party on the previous Monday; Saturday and Sunday and Bank holidays are not “working days”). Failure of either party to give the stated notice period may result in either party being liable to payment or refund as appropriate
4.2    If discounted prices have been included within this agreement, the training programme must be completed by the Client in full. Should the Client determine not to complete the full training programme for any reason other than the Training Company training performance not meeting professional standards, all completed training will be re-invoiced at List Price
4.3    The Trainer may postpone a training session, if he, in his absolute discretion, considers the weather or road conditions to be unsuitable or dangerous. The Trainer will give as much notice as is practical. An alternative time for the training will be agreed with the parties involved. DTS will have no further liability

5.    Client Vehicles
5.1    All of the Client’s own vehicles used for in vehicle training must be:
Maintained in line with service schedules
Roadworthy in respect of general condition, tyres, lights, wipers etc
An MOT Certificate must be available and shown to the Trainer if requested
Tax Disk must be appropriate for vehicle and in date
Brake down assistance must be available through the driver of the Company vehicle
5.2    Should the brake down or unavailability of a Client’s vehicle result in the Trainer being unable to continue with the training programme and / or not being able to carry out further training, then the Client will be liable for the full amount of the payment due for the training that did not take place.

6.    Price and Payment
6.1    All pricing and payment schedules will be agreed in writing prior to the start of all training programmes
6.2    Payment must be received by the Company 2 weeks before commencement of all training programmes
6.3    Payment options:
•    Cheques to be made payable to Driver Training Skills and sent to Mr C. Thacker-Pugsley, 7 Cleycourt Road, Shrivenham, SN6 8BN

•    Pay Pal via website

7    Limitation of Liability
7.1    Nothing in these Terms and Conditions will limit the Company’s liability in any claim for death or personal injury caused by the Company’s negligence
7.2    In no circumstances will the Company be liable for any loss or damage if, and to the extent that, such loss or damage is caused by the Client’s failure to comply with his obligations under these  Terms and Conditions, or with the trainer’s reasonable instructions
7.3    The Company will not be liable whether based on contract or tort or any other legal or equitable ground for any consequential, indirect or incidental  loss of whatever kind and however caused
7.4    The Company will  not be liable for the consequences of any event which is outside of the Company’s reasonable control or expectation

8    General
8.1    The Company will comply with the Data Protection Act 1998. The Client consents for their details to be forwarded to the Company’s insurers in the event of a claim following a road traffic collision
8.2    If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected. Every provision is agreed to be severable from every other provision
8.3    These Terms and Conditions will be governed and construed in accordance with the of England and Wales, and the parties submit to the exclusive jurisdiction of the English and Welsh Courts

9    Complaints Procedure
Any Client complaints should be forwarded in writing to Mr A Percival, 4 Osterley Road, Haydon Wick, Swindon, Wilts, SN25 1UW

Should the Client be unhappy with the outcome of the investigation and the handling of the complaint, then the Client should complain to the ADI Registrar, The Driving Standards Agency, Stanley House, 56 Talbot Street, Nottingham, NG1 5GU