Name of company
Ian McQuillan Driving School
In these conditions ("Conditions") "We", "Us" or "Our" means Ian McQuillan Driving School (The) and "You" or "Your" means the customer. You must read these
Conditions in full as they set out our complete Terms upon which We have agreed to provide, and You
have agreed to Obtain, driving tuition from Us. We and Your Instructor reserve the right to charge for
any lessons affected by Your failure to comply with any of these Conditions.
Driving tuition is only available to persons:
1. Aged 17 and over (16 and over if disabled);
2. Who hold valid UK provisional driving licence ("licence"); and
3. Who are legally entitled to drive in the UK.
If You take driving lessons, 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.
Your Instructor reserves the right to refuse to provide You with tuition or to cancel any lessons You have
agreed to or booked, If You fail to provide him/her with the licence prior to Your first lesson.
Your tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your
Instructor are responsible for arranging the date, and time, pick up location and duration of Your lesson.
Your Instructor will:
1. Provide You with driving/theory tuition at the hourly rate communicated to You from time to
2. Recommend what are, in their opinion, the most appropriate training methods and aids to help
You study for Your theory and hazard perception test;
3. Design a course of lessons to match Your specific driving and learning needs from Your first lesson
right through to Your practical test;
4. Provide You with driving/theory lessons which will last two hours or such other duration as You
and Your Instructor will agree in advance;
5. Provide a presentable, modern, properly maintained and dual controlled car
for each lesson;
6. Also recommend where appropriate, advanced courses to help You develop Your skills for:
motorway driving, driving in extreme weather conditions and the Pass Plus;
7. Give You relevant feedback during Your lessons
8. Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to
book Your mock practical test and once it has been agreed between you both, Your instructor will
apply for Your practical driving test and where required, they will advise whether it should be
9. Provide training on a one-to-one basis with no other learner in the car;
10. Honour the full time booked for each lesson, which should include an introduction, practical
training and a debrief at the end of Your lesson;
11. 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 directly for Your benefit;
12. Reserve the right to cancel a lesson or finish a lesson early on the grounds of road safety;
13. Not discriminate against You and will always abide by the law;
14. 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 unforeseen circumstances beyond their control;
15. Endeavour to give You two working days notice (excluding Bank Holidays) should a lesson need to
16. Respond professionally to any worries or issues that You may have and try to resolve them to
Intensive Driving Courses
You must pay Us a deposit when making a booking of an intensive driving course Your deposit is non
refundable. You must pay the remaining balance to Your Instructor on the first lesson of Your driving
course. You will then be fully committed to completing the course and You will not be able to receive a
refund. Your Intensive driving course must be completed within four weeks from the date of Your first
lesson, the 48 Hour cancellation notice does not apply to any of Our Intensive driving courses, if You
cancel any of Your lessons then these lessons will be deducted from the lessons remaining. If there is any
evidence of You being under the influence of drink or drugs then Your Instructor reserves the right to
terminate Your Intensive Driving Course with immediate effect and You will not be entitled to a refund.
Any abusive, offensive or other such conduct will not be tolerated and the course may be terminated. If
You don't make progress as expected Your Instructor will advise You whether Your test should be
rescheduled. If You are not test ready then Your Instructor holds the right to refuse the use of the vehicle
in attempting the practical test and will instead recommend a more practical length of course best suited
for You. Due to driving test availability and any circumstances beyond Our control it may be necessary for
Us to reschedule Your test in order to fit in with other arrangements and Our booking process. Your test
will be arranged for the end of Your course. Your test will be booked at any of the test centres in our
teaching regions. You must not change or cancel the theory or practical test, Ian McQuillan Driving School office is
entitled to change or cancel your test. If You at any time change or cancel Your practical test Your Driving
Course will be terminated with immediate effect and You will not be entitled to a refund.
Lesson Cancellation Policy
You must give Us or Your Instructor at least two working days notice (excluding Bank Holidays)
("Minimum Notice") if You wish to cancel or rearrange Your lesson, otherwise You will be liable for 100%
of the lesson fee.
Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice, You will still
be liable for the Lesson fee.
Your Instructor will carry the appropriate motor insurance should You be involved in a collision as a
learner driver whilst in control of driving the Instructor's tuition vehicle.
We reserve the right to change the price of all Our learner driver products including all tuition, at any
Non-Block Booked Tuition
The price of lessons that have not been pre-paid (as part of a block booking consisting of a minimum 10
hours worth of tuition time ("Block Booking") may be changed at any time. You will receive prior notice
of any price increases.
Block Booked Tuition
Block Bookings are non refundable.
Block Bookings including Free Driving Test is for payment of the Driving Test fee, payable directly to the Driving Standards Agency and does not cover the use and cost of the tuition vehicle for
the Driving Test.
We also reserve the right to introduce special offers from time to time in respect of both Our On the
Road and Off the Road products together with any other products that we may decide. Such offers will
not affect the price of Block Bookings unless it is expressly stated within the offer.
You must pay for Your good(s) and/or lesson(s) in advance using one of the following methods:
- payment via Bacs by contacting Ian McQuillan Driving School
- payment via cheque made payable to Your Instructor
- payment via cash made to Your Instructor
Where You make any payments directly to Your Instructor or any of Our Instructors it is Your
responsibility to ask for and 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 endeavor to assist
with any discrepancies in payments You have made without ever accepting liability for the same.
Learner Driver Tuition - Refund Policy
No refund is payable where a period of 6 months has elapsed since reciept of the payment for the block booking.
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
Any payments made upfront including block bookings are non refundable, If You fail to complete your
block booking within 6 months from the date of making the booking, any remaining hours will be lost.
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. Please note: refunds may take up to 28
working days to reach You or Your account.
Any Special Offers undertaken at any point during the learning period will be charged at the full current rate at the date of refund and the difference deducted from the balance of the refund.
Admin Fee of £10 will be deducted from the refund amount.
The Driving Standards Agency (DSA) determines the Theory and Practical test fees. If You would like Us
to book Your test on Your behalf, We will be happy to do so and will charge a non refundable booking fee
for doing so. The booking fee will cover any administrative costs that We may incur.
If You wish to cancel or rearrange a test that We have booked with the DSA on Your behalf, We will
follow the DSA cancellation procedure as set out on the DSA website at http://www.dsa.gov.uk. Currently
the DSA cancellation procedure states that You can cancel or rearrange Your test providing You give at
least three clear working days' notice. If You require Us to arrange a cancellation or rearrange any driving
or theory test on Your behalf, We will require a minimum of 10 working days' notice in order to do so. If
You fail to provide Us with a minimum of 10 working days notice You may remain liable for all or some of
the test fee and any late cancellation fees. In any event We accept no liability to You for any payments or
expenses that You may incur in relation to Your driving and/or theory tests. If you ask us to cancel your
test for you we will continue to hold your booking fee for a period of 6 months from when you originally
paid your booking fee, please note booking fees are non refundable.
By taking bookings, providing certain information and documentation, and in processing payments, We and
the Agent act on behalf of Your Instructor. No contractual liability arises between You and Us or the
Agent under the agreement between You and Your Instructor. Neither the Agent nor We have and 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. Further, 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 the 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
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. 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, un enforceability or unreasonableness, be
deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.
Data Protection Notice
For the purposes of the Data Protection Act 1998, the data controller in relation to the information You
supply is:Ian McQuillan Driving School 41 Broomhalld Drive, Ushaw Moor, Durham DH7 7NX
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.