Tayton Driver Training
Tayton Driver Training
  • Home
  • Enquire
  • Our Driving Courses
  • Blog
  • More
    • Home
    • Enquire
    • Our Driving Courses
    • Blog
  • Home
  • Enquire
  • Our Driving Courses
  • Blog

Terms & Conditions of Business

 

1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
'Business' means any business, trade, craft, or profession carried on by You or any other person/organisation;
'Consumer' means a consumer as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of TDT who receives tuition from the Instructor for the customer's personal use and for purposes wholly or mainly outside the purposes of any business;
'DVSA' means the Driver and Vehicle Standards Agency;
'Instructor/They/Their/Them' means a driving instructor provided by Tayton Driver Training Limited (Company Registration Number 15838578), proprietor Simon Tayton, MSc, FCILT, a DVSA Approved Driving Instructor (Car), whose place of business and contact address are 18 High View Road, Leamington Spa CV32 7JB;
'Price List' means the Company's standard price list for driving tuition. The list is available from the website or from the Instructor;
'Pupil/You/Your' means the individual recipient of driving instruction;
'Regulations' means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and
'TDT/the Company/Our/Us/We' means Tayton Driver Training Ltd, whose registered office is as above.

1.2 Unless the context otherwise requires, each reference in these Terms and conditions to:
1.2.1 'these Terms and Conditions' is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.2 A Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular shall include the plural and vice versa; and
1.5 References to any gender shall include other genders.

​

2. Driving Instructor
2.1 TDT will provide a self-employed Instructor who is not employed by Us when providing tuition under these Terms and Conditions; and
2.2 Your Instructor will be registered and authorised under a licence to give driving tuition in the UK by the DVSA as an Approved Driving Instructor (ADI) and Their ADI registration is up to date. They shall display their current DVSA ADI registration certificate in any vehicle that They use for a lesson and will ensure that the ADI certificate is kept up to date at all times.

​

3. Driving Lessons - Booking, cancellation, delays
3.1 A lesson will only be made available to You if You have a pre-booked appointment for it. You should book a lesson with TDT by phone or email, or through the driveJohnson's website. It shall be Your and Our responsibility to agree all matters relating to each lesson, including, but not limited to, date, time, location, and duration;
3.2 Your request to book a lesson will be an offer, but whether TDT accepts any request will be for Us to decide at Our discretion. Only if and when We tell You that We accept Your request for any particular lesson will there be a binding contract between You and TDT for that lesson;
3.3 If You wish to make a booking for two or more lessons by means of a single booking, and at TDT's discretion We accept that booking, Our contract with You will be for all of the lessons concerned;
3.4 We will not reserve any lessons slots or guarantee regularity of lessons over any period of time or on any particular date and/or time except that We will reserve a particular lesson slot for You if and when We accept a booking for it from You. Nevertheless, We shall use reasonable endeavours to make available regular lesson slots for You;
3.5 If You know You are going to be late for a lesson, You should contact the Instructor to tell Them. If You arrive (or are not ready) later than 10 minutes after the scheduled start time for Your booked lesson, the Instructor will try to provide that lesson, but if They decide They cannot do so, the lesson will be treated as cancelled without notice by You and, if We then decide to make a charge for that lesson cancelled without notice, sub-Clause 3.7 below will apply;
3.6 You may cancel a lesson without charge if You give TDT at least 24 hours' prior notice of the cancellation and if You do so, We will refund to You any sum You paid to Us in advance if You request it;
3.7 If You do not give either TDT or the Instructor at least 24 hours prior notice of cancellation of a lesson, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation, but not less than 50% or more than 100% of the full price of the lesson. We will be entitled to deduct that charge from any sum You paid Us in advance, and We shall refund the balance to You if You request it;
3.8 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavements, You cancel a lesson without giving TDT at least 24 hours' prior notice, We will consider the circumstances and at Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.5 and 3.7;
3.9 If the Instructor wishes to cancel a lesson, They may do so without TDT incurring any liability to You (and You will not have to pay for that lesson) if We give You at least 24 hours' prior notice, but if We do not give You at least that minimum notice, We shall be liable for and shall credit You with an additional lesson at no charge;
3.10 Notwithstanding sub-Clause 3.9, TDT may, without incurring any liability to You, cancel a booked lesson at any time before the start time of that lesson, where either:
3.10.1 due to the Instructor's illness, unavailability of a suitable vehicle, or other reason beyond TDT's reasonable control, the Instructor is not available or able to provide the lesson fully or properly. If We cancel a lesson in such circumstances, We will refund to You in full any advance payment that You have made to Us for that lesson if You request it; or
3.10.2 the Instructor has reason to believe that You are not fit to drive at the time of the lesson due to any factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical condition. If They cancel the lesson for such reasons, We shall be entitled, at Our discretion, either to charge You for that lesson or not to do so, but in deciding whether to charge You We shall act reasonably; and
3.10.3 Where the contract TDT makes with You is not made on the Company premises, the Regulations give You the right set out in this sub-Clause 3.10.4 and those rights will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel any lesson during the 14 day period after We accept the booking for it, but if the booking includes any lessons on a date which is before the end of that period and if You have expressly requested Us to provide any such lesson and We do so, You may not cancel that requested lesson and You must pay for it in accordance with Clause 5, and You may then only cancel any other lesson covered by that booking. If You request that any lesson be cancelled, You must confirm this in any way convenient to You. If You cancel any lesson as allowed by this sub-Clause 3.10.4 and You have already made any payment to Us for the lesson, We will refund the payment to You within 14 days of receiving Your cancellation less the amount due for the lesson that You have received; and
3.11 If the Instructor considers that the weather or road conditions are unsuitable or dangerous, They may at their discretion postpone a lesson. TDT will not be held responsible for any costs incurred as a result of an Instructor having to postpone a lesson.

​

4.  Lessons - Location, Length
4.1 The Instructor will agree the location for each lesson with You at the time of booking. They may choose a location which requires additional travel in the interests of road safety. In such cases, if You wish to be picked up and taken to that location by the Instructor, travel time will form part of the lesson time; and
4.2 The minimum length of a lesson will be 1 hour and, if You and the Instructor agree, it may be increased by increments of 30 minutes up to a maximum length of 3 hours.

​

5. Fees and Payment
5.1 You must pay TDT's fees for all lessons, and TDT will charge for lessons on an hourly basis. You can obtain information on current lesson fees from the Instructor;
5.2 TDT may change Our fees without prior notice but if We increase or reduce the fees between the time You book a lesson and the date of the lesson, and You pay for it in advance of the lesson, the price increase will not apply to that lesson. Where there is a reduction, We may at Our discretion decide to refund You the amount of the decrease;
5.3 You shall make payment to TDT of Our fees 48 hours in advance of Your first lesson by bank transfer. We shall give You a receipt for all sums that We receive from You;
5.4 All the hours of block bookings paid in advance must be redeemed within 6 months from the date on which payments are made. We may at Our discretion allow additional months for redemption. Once this period has passed, any hours left will not be redeemable; and
5.5 If You choose to pay Our fees via credit or debit card, then You will be liable to pay any transaction fees incurred at the prevailing rate. Any transaction fees incurred do not form part of the agreement between You and TDT and are strictly non-refundable.

​

6. TDT's Obligations
The TDT Instructor shall at all times:
6.1 use Their reasonable endeavours to provide driving instruction at the agreed lesson times;
6.2 use Their reasonable endeavours to train You to a high standard, but neither the Instructor nor TDT shall be responsible for any errors made by You;
6.3 be professional and courteous towards You and other road users;
6.4 act in accordance with the DVSA Code of Practice for Approved Driving Instructors (a copy of which You can obtain from Us on request); and
6.5 act in accordance with the Law.

​

7. Your Obligations
7.1 You confirm that, in connection with Your request to receive driving tuition from TDT, You are a Consumer as defined in Clause 1 above;
7.2 You must hold a valid UK driving licence, either Provisional or Full;
7.3 You must always have Your driving licence with You during lessons;
7.4 If You have been banned from driving and are training for a retest, You must legally be entitled to take tuition and must present proof to TDT of that entitlement;
7.5 You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;
7.6 If Your driving licence requires it, You must wear any relevant prescribed spectacles or contact lenses;
7.7 You must inform TDT of any medical conditions or prescribed medication which may affect Your driving ability; and
7.8 If You fail to comply with one or more of sub-Clauses 7.2 to 7.7 above, or if TDT finds that You are not a Consumer, We may immediately cancel one or more lessons. If We do so, We may at Our discretion charge for the cancelled lessons.

​

8. Vehicles and Insurance
8.1 TDT shall ensure that any vehicle provided for the purposes of driving instruction is fitted with dual controls, is fully roadworthy, taxed, has a valid MOT (where relevant), and is fully insured for the purposes of driving instruction; and
8.2 You may request to use Your own vehicle. Whether You use Your own vehicle is for the Instructor to decide at Their discretion. You must provide proof to TDT of Your vehicle's roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of driving instruction.

​

9. Driving Tests
9.1 The Instructor will discuss driving tests with You and inform You when They feel that You are ready to take a test;
9.2 You and the Instructor shall be responsible for booking theory and practical tests. It shall be Your responsibility to check the details of the test on Your DVSA confirmation letter;
9.4 If the Instructor books Your driving test on Their DVSA business account, the test fee must be paid at the time of the booking;
9.5 You must check with the Instructor before booking a test to ensure that They consider You are ready;
9.6 You must inform TDT of all details of Your test including, but not limited to, its date and location at least 14 days prior to Your test date;
9.5 When You attend a test, You must take all required documentation with You. If You do not, Your test may be cancelled, and You may lose Your test fees;
9.6 Unless the Instructor feels that Their vehicle is unsuitable for You to use for Your practical driving test or Clause 9.9 applies, They generally permit Pupils to use Their vehicle for the test, but whether They permit You to do so for Your test will be at Their discretion;
9.7 If the Instructor has given You permission to use Their vehicle for Your test but it breaks down or is otherwise unavailable or unusable on the date of the test, TDT shall use Our reasonable endeavours to arrange an alternative vehicle. If this is not possible, TDT shall not be liable for the cost of the replacement test;
9.8 If Your test is cancelled by the DVSA giving You insufficient time to provide Us with the required cancellation notice of a booking, You must still pay Our fees for the Instructor's time and/or the use of Their vehicle. In that case, We shall advise You on claiming compensation from the DVSA for the cost of Our fees; and
9.9 If You have a test booked and, in the Instructor's opinion, You do not make the expected progress in Your lessons between the date of booking and the test date, the Instructor may decide not to permit You to use Their vehicle for Your test and TDT will not be responsible for any fees that You pay for the test which are lost.

​

10. Cancellation and Termination
10.1 TDT may, at Our discretion, terminate Your tuition if Your conduct, progress, or commitment consistently falls below the standards that the Instructor reasonably expects. Examples of conduct leading to termination of tuition include, but are not limited to:
10.1.1 Verbal or physical abuse of the Instructor, a DVSA examiner, or other road users;
10.1.2 Harassment or intimidation of the Instructor or TDT, either in person or via social media, phone, or messaging;
10.1.3 Intoxication due to illicit substances or alcohol;
10.1.4 Persistent lateness or late cancellation of lessons; or
10.1.5 Any other conduct on Your part that may reasonably be considered damaging to Our business or reputation;
10.2 We reserve the right to report any instances of criminal misconduct on Your part to the police;
10.3 You may, at any time, subject to Your meeting the requirement of Clause 3 as to giving notice of Your cancellation of lessons, terminate Your tuition by TDT; and
10.4 Where sub-Clause 10.1 or 10.3 applies, TDT shall refund to You any fees for lessons that You have paid Us in advance.

​

11. Liability
11.1 TDT will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
11.2 TDT provides tuition only for Your personal and private purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
11.3 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation;
11.4 Furthermore, if You are a Consumer as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice or otherwise affect any of Our duties or obligations to You or Your rights or remedies, or Our liability to You under:
11.4.1 The Consumer Rights Act 2015;
11.4.2 The Regulations;
11.4.3 The Consumer Protection Act 1987; or
11.4.4 Any other consumer protection legislation as amended from time to time. For more details of Your legal rights, please refer to Your local Citizens' Advice Bureau or Trading Standards Office.

​

12. Changes to Terms and Conditions
TDT may from time to time change these terms and conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably practicable of any such changes.


13. How We use Your personal information (Data Protection)
All personal information that We may use will be collected, process, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ('GDPR') and Your rights under the GDPR. For complete details of Our collection, processing, storage and retention of personal data, including, but not limited to, the purpose(s) for which personal data is used, the legal basis for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the privacy policy.

​

14. Regulations
TDT is required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to book any lesson) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to book a lesson. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

​

15. Information
As required by the Regulations:
15.1 all of the information described in Clause 14; and
15.2 any other information which TDT gives to You about tuition or other services or Us which You take into account when deciding to book a lesson or when making any other decision about Our tuition or other services will be part of the terms of Our contract with You as a Consumer.

​

16. Complaints
TDT always welcomes feedback from Our Pupils and, whilst We always use all reasonable endeavours to ensure that We provide a high standard of tuition and service to Pupils, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our tuition or other services or any other complaint about Us, please raise the matter with the Instructor in person or with Us by phone or email.

​

17. No Waiver
No failure or delay by TDT or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

​

18. Severance
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 validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

​

19. Law and Jurisdiction
19.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the Law of England & Wales.
19.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
19.3 Any dispute, controversy, proceedings or claim between You and TDT relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Tayton Driver Training Ltd

a driveJohnson's Franchisee

07535 793519

Copyright © 2025 Tayton Driver Training Ltd - All Rights Reserved.

  • Terms and Conditions
  • Privacy Policy

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

DeclineAccept