07505 373 765
KUDOS DRIVING
SUPPLEMENTARY TERMS & CONDITIONS – SHORT-NOTICE TEST PREPARATION COURSES
Driving Test Vehicle Hire & Test Representation
Due to the high volume of enquiries we receive, we would like to clarify our policy regarding driving-test vehicle hire.
At Kudos Driving, we do not normally provide last-minute test-vehicle hire or test supervision to customers who have not completed an appropriate programme of training with us.
Why do we have this policy?
Safety comes first
Before providing a vehicle for a practical driving test, we need to have a reasonable opportunity to assess your driving and ensure that you can drive the vehicle safely.
Professional responsibility
As DVSA Grade ‘A’ Approved Driving Instructor, I take my responsibilities to road safety, our customers and the standards of our tuition seriously. We therefore need to be satisfied that a customer is appropriately prepared before agreeing to provide our vehicle for a driving test.
Short-notice requests
We understand that your regular instructor may sometimes be unavailable, or that you may have a test approaching with no vehicle available.
Where possible, we may be able to help through one of our short-notice training packages. However, where you have not previously trained with Kudos Driving, we may require an assessment and/or appropriate tuition before agreeing to provide test representation.
We cannot guarantee test-vehicle hire simply because a customer has a driving test booked.
Any test representation will only be confirmed once we have assessed the circumstances and expressly agreed to provide the service.
These Supplementary Terms & Conditions apply to Kudos Driving’s Short-Notice Test Preparation Courses and Test/Hire Packages.
They apply in addition to the main Kudos Driving Terms & Conditions. If there is any conflict between these Supplementary Terms and the main Terms & Conditions, these Supplementary Terms apply only to the extent that they specifically deal with the short-notice course or package.
Nothing in these terms is intended to remove or restrict any statutory rights you have as a consumer.
1. Nature of the short-notice courses
Our short-notice courses are intensive driving tuition packages designed for customers who already hold a valid UK provisional driving licence, have passed the theory test and are preparing for an imminent practical driving test.
Because these courses are arranged at short notice, availability is limited and course dates and times are agreed specifically with the customer before the booking is confirmed.
The course is intended to provide intensive preparation and test representation. However, we do not guarantee that a customer will pass a driving test.
The instructor may advise that a customer is not ready to take the test where, in the instructor’s professional judgement, the customer’s driving does not meet the required safety standard.
2. Course availability and booking
A course is not confirmed until:
the course, dates, times and test centre have been agreed;
the customer has provided the information reasonably required to arrange the course; and
the agreed payment has been received.
Where a course is booked at short notice, the customer acknowledges that the course may begin within 14 days of the booking being made.
3. Your statutory cancellation rights
Where the contract is made online, by telephone or otherwise as a distance contract, you may have a statutory right to cancel the contract within 14 days of entering into it.
These statutory rights apply irrespective of whether the course was booked more or less than 14 days before the course begins, unless a specific statutory exception applies.
Nothing in these terms is intended to exclude or restrict those rights.
4. Request to begin the course before the 14-day cancellation period expires
Because short-notice courses may need to begin before the end of the statutory 14-day cancellation period, we will ask you to make an express request for the services to begin during that period.
By making that request, you acknowledge that:
the course may begin before the end of the 14-day cancellation period;
if you cancel after the service has begun, you may be required to pay a proportionate amount for the services supplied up to the time you tell us that you are cancelling;
if the contracted services have been fully performed following your express request and acknowledgement, your statutory right to cancel the service contract will end.
This request will be obtained separately from your general acceptance of these Terms & Conditions.
5. Cancelling after the course has started
If you exercise a statutory right to cancel after the course has started, Kudos Driving may charge for the part of the service that has been supplied up to the time cancellation is communicated to us.
The amount charged will be proportionate to the service actually supplied compared with the total service contracted for.
For example, if part of an agreed course has been completed before cancellation, we may retain or charge the proportion of the course price attributable to the services already supplied.
We will not charge for services which have not been supplied.
Where the service has been fully performed following the customer’s express request and acknowledgement referred to above, the statutory right to cancel may no longer apply.
6. Cancelling or postponing an individual lesson
In addition to any statutory cancellation rights, once the statutory cancellation period has ended, the following course cancellation arrangements apply.
At least 48 hours’ notice should normally be given if a customer wishes to cancel or rearrange an individual lesson.
Where less than 48 hours’ notice is given, we may charge for the appointment where we have been unable to reasonably reallocate the instructor’s time.
Any charge will be limited to a reasonable amount reflecting the loss or cost caused by the late cancellation and will not be intended as a penalty.
This provision does not override any statutory cancellation or consumer rights.
7. Cancellation because of a driving test
The customer is responsible for managing their own DVSA driving test booking.
Under current DVSA rules, only the learner driver may book, change, cancel or swap their own car driving test.
For a car driving test, DVSA currently requires at least 10 full working days’ notice to cancel or change the test if the customer wishes to avoid paying the test fee again. Monday to Saturday count as working days; Sundays and public holidays do not.
Kudos Driving cannot accept responsibility for a DVSA test fee which the customer loses because the customer does not cancel or change their test within the applicable DVSA deadline.
8. DVSA cancellation or postponement of a test
A driving test may be cancelled or rearranged by the DVSA.
If this happens, Kudos Driving will discuss the available options with the customer.
Where tuition or vehicle hire cannot reasonably be provided because the DVSA has cancelled or rearranged the test, the parties will agree whether the relevant tuition can be rearranged.
Any refund or credit will take account of services already supplied and any unavoidable third-party costs which are properly payable.
Nothing in this clause removes any statutory rights the customer may have.
9. Test representation
Where the package includes driving-test representation, this means the provision of the agreed tuition vehicle and instructor for the customer’s practical driving test, together with any agreed pre-test preparation and post-test arrangements.
Representation is subject to:
the customer holding the appropriate licence;
the vehicle being legally and safely suitable for the test;
the customer meeting the requirements for taking the test; and
the instructor reasonably considering that it is safe and appropriate for the customer to drive the vehicle.
Kudos Driving does not guarantee that the customer will pass the practical driving test.
10. Safety and fitness to drive
The instructor may refuse to provide tuition or test representation where there is a genuine safety concern, including where the customer:
is not legally entitled to drive;
appears to be under the influence of alcohol or drugs;
is medically or otherwise unfit to drive;
does not meet the requirements for the practical driving test; or
is otherwise unable to drive the vehicle safely.
Where a service cannot be provided for one of these reasons, the customer’s statutory rights will not be affected.
11. Short-notice course structure
The advertised number of tuition hours represents the total tuition included in the relevant package.
The instructor may reasonably adjust the order and content of tuition according to the customer’s existing ability, identified weaknesses, road conditions, test requirements and safety considerations.
The course is therefore not a guarantee that every topic will receive an identical amount of tuition time.
12. Travel and out-of-area charges
Any additional travel charges must be explained to the customer and agreed before the relevant service is provided.
Where a bespoke out-of-area quotation is provided, the quotation will state the applicable travel, mileage and/or additional time charges.
No additional charge will be made unless the customer has been informed of it before becoming liable for it.
13. Course outcome
The purpose of the course is to provide intensive driving tuition and preparation.
Kudos Driving cannot guarantee:
that a customer will pass their practical driving test;
that a customer will receive a particular test result;
that a customer will be considered ready for test;
that the DVSA will maintain the customer’s booked test date; or
that the customer will require no further tuition.
Any statement about likely readiness or suitability for test is professional guidance and is not a guarantee of the result.
14. Changes to the course by Kudos Driving
If Kudos Driving needs to change an appointment because of vehicle failure, instructor illness, an emergency or another circumstance outside our reasonable control, we will make reasonable efforts to provide an alternative appointment.
Where an alternative appointment cannot reasonably be provided, we will discuss the appropriate options with the customer, including any refund due for services which have not been supplied.
Nothing in these terms limits the customer’s statutory rights.
15. Payments
Unless otherwise agreed, the course price is payable before the course begins.
The price payable will be the price shown or quoted to the customer before the contract is entered into.
Any additional charge must be clearly explained before the customer becomes liable for it.
16. No guarantee of a pass
Passing a driving test depends on the customer’s performance on the day of the test and the assessment of the DVSA examiner.
Kudos Driving does not guarantee a pass and no term of these conditions should be interpreted as creating such a guarantee.
17. Consumer rights
Nothing in these Supplementary Terms & Conditions affects rights which cannot legally be excluded or restricted, including rights under applicable consumer protection legislation.
In particular, where applicable, services will be provided with reasonable care and skill and in accordance with the rights provided by the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
18. Complaints
If you have a concern about your course or the service provided, please contact Kudos Driving as soon as reasonably possible so that we have an opportunity to investigate and resolve the matter.
This does not prevent you from exercising any statutory rights or pursuing any legal remedy available to you.
19. Acceptance
Before completing a short-notice course booking, the customer will be given access to these Supplementary Terms & Conditions and the main Kudos Driving Terms & Conditions.
The customer will be asked to confirm that they have read and accepted the terms before payment is taken.
Where the course is to begin during the statutory cancellation period, the customer will also be asked to make a separate express request for the service to begin before that period has expired and to acknowledge the effect of full performance on the statutory cancellation right.
Kudos Driving
info@kudosdriving.co.uk
07505 373 765
