Terms & Conditions
Terms and Conditions 1.2.14
Terms and Conditions
Your instructor and Bumpers Driving School or Intensivedrivingcourses.com and www.intensivedrivingcourses.com
Your instructor is a self-employed franchisee ('your instructor') of Bumpers Intensives LTD t/a Bumpers Intensives, Bumpers Driving School and Intensivedrivingcourses.com ('Bumpers Driving School', 'we', 'us', 'our').
We act as agent for your instructor in receiving your payments for driving tuition other than payments made directly by you to your instructor. Where Bumpers Intensives LTD t/a Bumpers Intensives, Bumpers Driving School and Intensivedrivingcourses.com makes bookings with, or supplies any information or documentation to you, or processes any payments for your lessons or course, they act as the agent of your instructor.
Our contractual agreement with you is to allocate a driving instructor and provide a driving test date. Provision of driving tuition is the sole responsibility of the driving instructor.
The contract for driving tuition is solely between you ('you') and your instructor.
Use of our services;
The fee or deposit you pay is for the use of our website, telephone systems, call centre activities and staffing, booking systems, driving test fees and the allocation or an instructor.
Your deposit does not cover the costs of lessons, which is a private agreement between you and the instructor. You are not paying us for driving tuition. We act as a booking agent only.
Tuition is only available to persons who meet the following criteria:
- Aged 17 or over or aged 16 or over and in receipt of the higher rate of Disability Living Allowance (mobility component); and
- hold a valid UK provisional driving licence; and
- legally entitled to drive in the UK.
Lessons / Courses
You and your instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons.
You must notify your instructor of any matters which affect your ability or entitlement to have driving tuition, for example, but not limited to, any lack, or loss, of a valid UK provisional driving licence.
Use of CCTV
Instructors reserve the right to record all lessons on CCTV. This is for personal safety and to help with training and protect them and you in the event of an accident. CCTV is also used for insurance purposes. Some of the CCTV may record the driver. If you do not consent to this, please inform the instructor.
Cancellation of Courses
Cancellations by you must be made through the Customer Service Centre or directly between you and your instructor.
If you have booked a lesson or a course of lessons, either via the telephone or via the website you have a 7-day cooling off period in which to cancel.
The right to cancel begins the day the contract is agreed and ends either 7 working days after agreement or, if performance (your lesson) is agreed to begin within the cooling off period, when performance starts.
If you are booking an intensive course of lessons, for example 6 hours per week or more over a set period and you decide to cancel after the 7-day cooling off period but before lessons commence then we charge the following cancellation fees.
Bulk Booking / Intensive Course Cancellation Fees:
More than 30 calendar days’ notice – Full refund less a cancellation fee of the full amount of your deposit.
Less than 30 calendar days – NO Refund.
Special Offers - Courses bought at a discount rate are non refundable. This includes such offers as the "save200" offer and the "£999 for 40 hours " or "£1099 for 40 hours" as featured on the website. All offers and discounts are based on a manual vehicle. Offers do not apply to automatic tuition. Courses will be refunded in full if the intended driver is unwell and can produce a doctors certificate stating the reasons they are unable to take the driving course.
All course deposits are non refundable. On booking a deposit of £312 is taken. Part of this fee is for the booking of a driving test. If you cancel the cost of the driving practial exam will be refunded. The remaining £250 is non refundable.
If you fail to attend on the first day of your course, you will lose your money and no refund will be given. Do not book a course if you cannot attend.
If you choose not to complete the course, or cancel lessons during a course, you will lose those hours, they will not be rescheduled. If you provide a medical certificate we will recredit your account.
If you have booked a course of lessons in an area serviced by us and then you move away from the area, you will not be given a refund. However, you are free to take those lessons at any point upon your return to one of our serviced area.
Intensive driving courses are sold on the understanding that you complete the course. Do not book if you cannot complete the course.
If you arrive for a course of lessons and you do not have your provisional driving licence or fail to meet the eyesight requirement, are unfit through drink or drugs then no lessons will take place and the course will be cancelled and you will lose your money. You will not be allowed to simply postpone your course, you will have to pay again.
Any refunded hours will be made within 30 days of the request being made, normally direct back to your debit or credit card. We have no control whatsoever over how fast a refund is made back to your card, this can be anything from 3 days to 28 and depends on your bank.
Any processing charges for handling your initial payment will be deducted from the refund amount, this is normally 1.8 - 3.5% depending on the payment method used.
Please note that in the event of you having booked your driving test, the Driver and Vehicle Standards Agency (DVSA) stipulates that you need to give three clear working days to cancel your test. This may mean that you may/will lose your DVSA test fee if your instructor says you are not ready for test within this three-day notice period.
Special arrangements and cancellation policies apply to "intensive" driving courses of 6 hours a week or more. See below.
Payments and lesson bookings
You must pay for any tuition at least 30 calendar days before the start of the course by using one of the following methods:
1. Payment by credit or debit card at www.paybumpers.co.uk
2.1Payment by credit or debit card, we do not accept cheques or American Express.
2.2 Voucher and gift cards have no cash value and have to be redeemed against tuition.
2.3 Voucher and gift cards are not transferable once they have been redeemed.
2.4 A handling fee of 1.8% plus VAT is applied to credit card transactions made through the Customer Service Centre or online. (This charge does not apply to payments made by debit card.)
2.5 Please note cards are valid until the date shown thereon.
3. Payment by cash direct to your instructor.
We have no responsibility or liability to you for payments made by any other means. If you pay your instructor directly by any method, you should obtain a receipt. We accept no responsibility for any payments made directly to instructors.
The cost of prepaid tuition is based on the lesson price in force at the time of booking and, with the exception of the circumstances set out below, will be honoured for 6 months thereafter irrespective of any price increase that may occur between the date of booking and when the lessons are taken. Any unused lessons remaining after 6 months have elapsed shall have any lesson price increase applied prior to the lessons which shall become payable by you.
Circumstances where, if you have prepaid, you will be either be required to pay an additional amount beyond the cost of your pre-paid lessons or receive a refund of some of your prepayments (as applicable):
- Where you have moved postcode area and requested reallocation to another instructor because your current instructor does not operate in the new postcode area, you will be required to cover any difference in the hourly rate between those instructors where your new instructor charges a higher hourly rate or, where your instructor charges a lower rate, you will be refunded the difference.
- Where you have requested to switch instructors within the same postcode area and your new instructor charges a higher hourly rate than your previous instructor, you will be required to pay the difference in the hourly rate or, where your instructor charges a lower rate, receive a refund of the difference.
- Where you have requested to switch instructors in the same postcode area and your new instructor charges a supplement (for example an additional fee for tuition in a car with automatic transmission), you will be required to pay any such supplement.
- Where you have not undertaken any lessons for a period of three months and have been reallocated an instructor after a price rise in tuition has taken place you will be required to pay the difference in price for your remaining lessons.
- Where you have purchased lessons with a trainee instructor and, at your request, you are reallocated to a fully qualified instructor you will be required to pay the difference in the hourly rate between those instructors.
Special offers and discounts
We offer a great range of offers and discounts to new and existing learner pupils on learning to drive and other related products. We reserve the right to introduce (and to withdraw) special offers from time to time.
Introductory offers are only available to new learner pupils, cannot be used in conjunction with other offers and are not transferable.
Transferability of lessons
You cannot sell or transfer lessons which have been purchased in your name to any other person.
Your lessons are only valid if they are purchased through the channels outlined in the 'Payments and lesson bookings' section set out above. If your lessons have been purchased through another source please contact us immediately. In the event that some or all of your lessons were not purchased in accordance with the foregoing terms, we reserve the right to suspend these lessons in your account, with immediate effect.
An investigation will then be conducted by us in order to check the validity of the purchase. Where the results of the investigation determine that the lessons are not valid they will not be provided to you and we shall have no liability in these circumstances.
Limitation of liability
Your instructor, Bumpers Intensives, Bumpers Driving School or Intensivedrivingcourses.com are not liable to you for any loss or damage caused where, and to the extent that:
- there is no breach of a legal duty owed to you by the relevant person or body;
- such loss or damage is not a reasonably foreseeable result of such a breach;
- any such loss or damage, or increase in the same, results from any breach or omission by you
- any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body.
Your instructor, Bumpers Intensives, Bumpers Driving School or Intensivedrivingcourses.com shall not, in any event, be liable for losses relating to any business interests you may have including, without limitation, lost profits, lost earnings, loss of opportunity or business or business interruption.
You are reminded that neither Bumpers Intensives, Bumpers Driving School or Intensivedrivingcourses.com are parties to the contract for driving tuition itself, which is between you and your instructor. This does not affect any liability that Bumpers Intensives, Bumpers Driving School or Intensivedrivingcourses.com may have for any loss or damage you may incur which is caused directly as a result of any breach (including negligence) by it or them of any legal duty owed by it or them to you.
Nothing in these terms and conditions will affect any statutory rights you may have as a consumer.
Your instructor will carry the appropriate motor insurance, should you be involved in a collision as a learner driver while in control of driving the instructor's tuition vehicle.
Short notice test
A short notice test is when there is two weeks or less from the date of the first planned lesson to the date of your booked test.
A short notice test package consists of 5 hours of instructor and tuition vehicle time as a minimum. This includes a 2-hour driving assessment and a further 3 hours covering the day of your driving test.
As a minimum, you will need to pay for 5 hours of tuition before any lessons can be booked.
Additional hours purchased within the short notice test period as defined above will be charged at the instructor’s standard hourly tuition rate plus £5.
If you fail your test and require additional lessons these will be charged at your instructor’s standard hourly tuition rate.
If you change your mind and wish to cancel your short notice test package lessons, a minimum of 48 hours’ cancellation notice is required prior to the initial 2-hour assessment lesson, for a full refund. Please refer to our Cancellation of Lessons and Refund Policy and Warranty sections, for the standard terms and conditions of our cancellation and refund policy.
During the initial 2-hour assessment lesson you will be evaluated by your instructor. If after the 2-hour assessment lesson the instructor tells you that you are not ready for the test, the instructor is under no obligation to take you to the test. Your instructor will advise you of the next steps needed to become test ready.
The Driver & Vehicle Standards Agency stipulate that you need to give three clear working days to cancel or re-schedule your test. This means that you may lose your Driving Standards Agency test fee if your instructor says that you are not ready for the test after the initial 2-hour assessment lesson. In these circumstances neither Bumpers Intensives, Bumpers Driving School or Intensivedrivingcourses.com or your instructor are liable for the cost of any lost driving test fee.
If you decide to reschedule your test to a later date, you can use the unused pre-paid hour(s) for further tuition toward the new test date.
This offer cannot be taken in conjunction with any other offer.
Law applying to terms and conditions
These terms and conditions are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the English courts.
If you have any concerns or complaints about any part of your driving tuition which cannot be resolved with your instructor, please contact the Customer Service Centre on 03300 100 149.
Where the Customer Service Centre is unable to resolve your complaint to your satisfaction, you will be entitled to escalate the matter to our Customer Care department by writing to Customer Care at the address shown on the website.
The Customer Care team will use reasonable endeavours to respond to your written query within 15 working days.
Your contract is between you and your instructor.
In the rare event of any problem arising, you should resolve this with your instructor immediately. We recommend no further lessons are taken until the matter is resolved.
In the unlikely event that you are unable to reach a satisfactory conclusion, we will be happy to investigate further until the matter is resolved. Please note that we will require evidence of any financial transactions and lesson times before We can investigate. Therefore, it is imperative that your Driver Record (provided to you by your instructor) details are kept accurate and up to date. Should you require us to investigate any matter, please contact our Special Investigations team by one of the following methods:
Call: 03300 100 149
If you still feel dissatisfied, you may contact the Driver and Vehicle Standards Agency on 0300 200 1122 who may be able to help you further.
Collection and use of data
Any personal data you provide will be held securely and in accordance with the Data Protection Act 1998.
We will use your personal data for the purpose(s) for which you have provided it. It may also be used for marketing, research and statistical purposes and crime prevention.
We may however need to disclose personal data to a third party so that the service you requested could be provided. It may also be necessary to transfer it to countries outside the European Economic Area. Where this happens, we will endeavour to ensure that any recipient of your data will treat it with the same level of protection as we would.
Your data may be disclosed to regulatory bodies for the purposes of monitoring and/or enforcing compliance with any regulatory rules/codes.
If you give us information about another person, in doing so you confirm that they have given you permission to provide it to us to be able to process their personal data (including any sensitive personal data) and also that you have told them who we are and what we will use their data for, as set out in this notice.
In the case of personal data, with limited exceptions, you have the right to access and if necessary rectify information held about you by formal written application to our Data Protection Officer, at the address shown on the website.
Your calls to the Customer Service Centre may be recorded for quality monitoring and training purposes.
Additional Terms and Conditions Specific to Intensive Driving Courses
An intensive driving course is any course of lessons of 6 hours or more per week.
- Each course is for the hours booked. The total hours of the course booked includes the time required for taking your practical test. Additional hours can be booked with your instructor at the agreed hourly rate (this can be agreed between you the pupil and your instructor).
- All pupils must pass the legal required eye sight test (20.5m or 67 ft). This will be conducted by your instructor on the first lesson.
- If your instructor feels that you are not ready to take your practical driving test, due to safety reasons, then you the pupil will not be allowed to take your driving test. If this is the case, you will not be offered a refund.
- The deposit you pay for your course is non-refundable.
- If a pupil cancels a driving lesson at short notice (less than 48 hours), the lesson is still chargeable and the hours will be deducted from the balance of the course. If a pupil cuts short a lesson, the full hours booked are still to be paid.
- If a pupil books additional hours with the instructor and then cancels or fails to attend, then these lessons will be charged and payable to the driving instructor at the standard hourly rate prevailing at the time.
- When taking an intensive driving course, it is not possible to drive continuously, therefore, short breaks can be arranged between you the pupil and your instructor.
- All courses are booked and based on average learning capabilities and are a guide only. No guarantees can be implied.
- A practical driving test cannot be booked until the pupil has successfully passed the theory test. Practical test availability is subject to tests made available by the Driver and Vehicle Standards Agency ( DVSA). All attempts will be made by us to secure a practical test local to the pupil.
- The contract of the Crash Course/Intensive Course is between the pupil and the driving instructor. Any disputes or claims should therefore be taken up with the instructor and not us. We cannot be held liable for any compensation claim from a pupil, nor can it be held responsible for any traffic violation on the part of the pupil or the instructor.
- The full balance of any course booked is payable directly to the instructor on the first day of the course. A non-payment will result in the immediate cancellation of the course; however, the full payment will still need to be made.
- We do not offer a first-time pass guarantee.
- In the unlikely event that we cannot fulfil your booking, a full refund of the deposit will be given.
- On rare occasions the DVSA will cancel a driving test. This is beyond our control. If this happens the DVSA will automatically rebook the test. We will try our very best to find you an alternative test as soon as possible. The driving course itself will still run as planned.
- All courses undertaken with are on an individual basis. We do not offer shared courses.
- No guarantee can be made of test availability. If a test cannot be booked for the end of the course, then an alternative test will be offered for a date and time agreeable to the pupil and instructor. No refunds of any monies are applicable in this case. Also, if the DVSA cancels a test for whatever reason, then we cannot be held responsible / liable for the test fee and any lesson time lost.
- Whilst every effort is made to get the pupil to the required level to take the driving test, if it is thought by the instructor that the pupil’s standard of driving falls below the expected standard, then for the health and safety of the pupil, examiner and general public, the pupil will not be allowed to take the test. No test fee or courses fee refund will be made in these circumstances.
- All the instructors have been approved or licensed by the Driver and Vehicle Standards Agency.
- The car provided by the instructor will be comprehensively insured with a reputable insurer. A pupil can request to see insurance documentation from their instructor at any time. We cannot be held responsible for any insurance related claims. Any disputes are the responsibility of the instructor. If an instructor’s car is involved in a crash or is in some other way deemed not suitable for use, then we will try to find an alternative vehicle. If this is not possible, we may have to reschedule the course. No refunds or compensation will be given. Instructors do not keep spare vehicles.
- The driving instructor will not smoke in the training vehicle.
- Refreshment breaks may form part of your daily tuition period.
- The driving instructor will not use a mobile telephone, except in an emergency.
- The training vehicle will be in good working order and will be fitted with dual controls.
- All special offers and course/lesson prices may be subject to change without notice and are at the discretion of the company.
- If payment is received by an instructor for a course of lessons and the pupil does not complete the course, then the fee is lost. No refund will be given.
- When a pupil is, successful and passes their practical driving test, any unused hours may only be refunded at the discretion of the instructor. The calculation of any refund will be based on the hours utilised being charged at the standard hourly rate prevailing at the time.
- If a course offers a "free retest if you fail", if you pass your driving test first time, no monetary refund will be given for the second test.
- If the pupil cancels the course within 30 days before the commencement of the course, no refund will be given under any circumstances.
- If you have booked a course and paid a deposit, the remainder of the fee must be paid on the first day of the course or in advance with cleared funds before the course starts. We do not accept cheques or American Express. If you fail to pay the remainder of the course fee before the course starts or simply refuse, you will still have to pay. If you refuse to pay we reserve the right to use the small claims court, debt collectors to recover the debt. The charges incurred will be paid by you.
- If a course is booked and a Theory Test has not been passed, the driving element of the course will still proceed even if a Theory Test is failed. A course cannot be moved or cancelled because of a Theory Test failure. Any rescheduling of a driving course is at the discretion of the Instructor and this school. If a Theory Test has not been passed by the time a course starts, then the practical test will probably be delayed and we will book the next available test available.
- You are able to satisfy the driving test eyesight requirements (20.5m or 67ft).
- You satisfy the DVLA/DSA requirements regarding residency and eligibility requirements.
- You attend your lessons on time. Failure to do so will result in you losing time and the driving school/instructor has no obligation in such circumstances to add time to the end of your lesson.
- You must not be under the influence of drink or drugs at any time during your course. If we, or a representative detect any sign of this, the remainder of the course will be terminated and you will lose all fees paid.
- A professional approach is required by the pupil and no abusive behaviour towards the instructor will be tolerated. The course will be terminated and any monies paid will be forfeited in such an event.
- You supply on the first lesson a signed provisional driving licence. If you fail to produce a valid provisional driving licence, the driving school/instructor can by law not permit you to drive a car and accordingly your booking will be cancelled and any fees forfeited.
- You are responsible for ensuring the appropriate documentation is produced when attending both the theory and practical driving tests. We will not be held responsible in any way for lost test fees if a valid UK provisional licence and/or UK passport (in the event of the pupil holding an old-style paper licence) cannot be shown to the relevant authorities at the time of attending the test.
- The construction, validity and performance of any contract shall be governed in all respects by the laws of England and Wales.
The instructor reserves the right to withdraw the training vehicle for a practical driving test if in their opinion you are driving in a manner they consider to be a potential danger to yourself, the instructor, any other road user or a DVSA examiner.
You must discuss booking practical driving tests with the instructor and agree dates and times prior to booking a test with the DVSA. The instructor reserves the right to refuse you the use of the training vehicle for tests if a booking is made without the agreement of the instructor.
Verbal agreement must be obtained from your own driving instructor before you book a test, this does not include speaking with the call centre operator or any other third party. Leaving a voice message or text messaging the instructor is not acceptable, and is in no way proof that permission has been sought or indeed granted.
If you book a test without consulting your instructor, the instructor reserves the right to decline to take you or to decline the use of the training vehicle. If they have the opinion that you will not be of test standard before the date you have booked.
The instructor further reserves the right to decline a test booking if they have not driven with you within the last month.
If you book a test without consulting your instructor and within the time frame when a cancellation is not possible without losing your fee, then that is the risk you take. If you then contact your instructor and they are not able to accommodate you, then you will lose your test fee and neither Bumpers or your instructor will be liable for the lost amount or any costs involved surrounding it.
If you have to cancel an appointment for any reason other than a medical emergency, the instructor requires 48 hours’ notice, If you fail to adhere to this, the instructor reserves the right to charge you the full amount of the training period or lesson that was booked for you. If the instructor arrives at your address to pick you up for a lesson and you are not there (NO SHOW), you WILL be charged for the full lesson that was booked. If you have booked a 4-hour lesson and decide that you only want to do 2 hours, you will still have to pay for the hours booked.
Intensive Driving Courses and Test Availability
Booking an intensive driving course is no different to booking a holiday. If you book to start on a set date, your course will commence on that date for the advertised period. If you fail to turn up, cannot make it, or simply wish to stop lessons, then no refund will be made.
If you have booked an intensive course, but change your mind before you start and simply wish to do weekly lessons instead or wish to split up the training days, then you will lose your fee as your course is booked and cannot be changed without prior agreement with our office manager. We may occasionally as a good will gesture be willing to change an intensive driving course into weekly lessons, but this is at the sole discretion of the Instructor. If you then stop those lessons, no refund will be made.
In summary: Please do not book an intensive course if you are not able to do it.
If you have taken lessons or a test and you fail to pay for them, you will be charged the full rate per lesson. In addition, if payment is not received in full within 7 calendar days of the lesson or test being taken, we reserve the right to take you to court. This will incur a court fee and a £100 admin fee for the time and effort to seek payment. A further £25 will be added for every 30-day period that the account remains unpaid. In addition, a fee of £35 per hour will be charged for every hour we spend pursuing the debt or attending court. We reserve the right to use the small claims court, debt collectors or indeed the police, should payment be refused or requests ignored. Failure to pay what you have had may have serious consequences. This also applies if you cancel a lesson at short notice.
To secure a course you will need to pay a deposit. This covers our costs and the driving related test fees. If you do not use all of you driving hours and the instructor agrees, you will be refunded thus:
All lessons in a curtailed course will be charged at £35 per hour.
Our booking fee and costs of £250 will not be refunded.
If you pass a driving test first time, the second “free test” fee has no monetary value and will not be refunded.
PLEASE DO NOT BOOK IF YOU ARE NOT HAPPY WITH ANY ASPECT OF THESE TERMS.
By booking a course of driving lessons with us you are indicating that you have read and understood the terms and conditions and that you agree to be bound by them.