The terms and conditions within this contract form an agreement between Derbyshire Motorbike School whose address is Unit 8, Block 13 Amber Business Centre, Greenhill Lane, Alfreton, DE55 4BR (hereafter referred to as 'DMS') and the customer, who for the purpose of this contract is referred to hereafter as 'the Student'.
The Student is the person who will be undertaking training with DMS and is the person named on the confirmation of training letter, email and/or text message.
DMS rely on the principle of "force majeure" whereby there are unforeseeable circumstances which prevent the fulfilment of the contract for training. For the avoidance of doubt, this is any situation beyond the control of DMS and can be, but is not limited to, war, terrorist activity, natural disaster, civil strife, adverse weather or road conditions, fire, bureaucratic obstacles, changes in schedules by the Driver and Vehicle Standards Agency (“DVSA”).
DMS reserve the right to decline any booking at their discretion.
Students are required to a sign and date a copy of the terms and conditions either in person, by electronic means (for example, by a confirmation email or text message). Training will not take place until DMS receive a signed and dated copy of the terms and conditions from the Student.
Variation of the terms of this contract is only valid if done so in writing and signed by both the Student and an authorised representative of DMS.
The contract and all matters arising from it are subject to English law and the exclusive jurisdiction of the English Courts. In the event that any of the provisions of this contract shall be determined by any Court to be invalid, unlawful or unenforceable to any extent then such provision shall to that extent be severed from the remaining provisions of the contract, which shall continue to be valid and enforceable.
Full payment in advance of a booking is required to secure training dates. Until payment is received the Student's course dates, will not be confirmed and these dates will be made available to other Student(s).
Payment can be made by using either cash or debit/credit card. Payment can be taken in person or over the telephone.
What is included in your payment/requirements – Direct Access and CBT Courses where DMS motorcycles are used?
Direct Access tuition is based on a maximum 2:1 Student to instructor ratio, unless exceptional circumstances apply and only where by law DMS is permitted to teach a larger ratio.
For CBT courses a maximum of 4 :1 Student to instructor ratio for the purpose of the classroom and off-road modules of the CBT course. With a maximum 2:1 Student to instructor ratio for the on-road assessment module.
For all Direct Access, motorcycle hire is included in the price. For CBT courses motorcycle hire is only included where the Student has confirmed they wish to hire a DMS motorcycle.
Where a DMS motorcycle is used petrol for the training session.
CBT Certification – where a CBT course is successfully completed.
The loan of motorcycle safety kit and a high visibility vest.
Where a DMS motorcycle is used 3rd party motorcycle insurance.
DVSA motorcycle test fee for one Module 1 and 2 test are only included in the Direct Access course fee in the 3 and 5 day intensive training packages.
3 and 5 day intensive courses must be completed within 6 months of the payment to DMS.
All Students irrespective of the training package which they have booked are required to pay for any subsequent CBT and/or DVSA retest fees and training costs.
What is included in your payment/requirements for CBT and advanced rider training using your own motorcycle?
For advanced training either on a one to one or two to one training with an instructor will be provided. The content and duration of the training being agreed between the Student and DMS prior to payment.
For CBT, Student to instructor ratio as set out in clause 11 above and CBT Certification where the CBT course is successfully completed.
For CBT courses, DMS reserves the right to charge Students for further training if the CBT course is not successfully completed in 1 day.
All Students are required to pay for any subsequent training if they fail to meet the required standard. For CBT courses, DMS reserves the right to charge for further training if the CBT course is not successfully completed in 1 day.
Should any damage occur to a DMS motorcycle by a Student, the Student is liable to pay no more than the cost of the repair or the DMS insurance excess of £1000, whichever is the lessor.
CANCELLATION OR TRANSFER OF A COURSE
If the Student wishes to cancel or to transfer a DMS course the following terms and conditions apply. Please note these terms and conditions apply irrespective of whether the Student has paid DMS using their own funds or payment was made by someone else on the Student's behalf:
If cancellation is made with more than 28 days' notice before the commencement of the course, the amount the student has already paid will be returned to the Student less a handling fee of 25%.
If the Student cancels their course with less than 28 day's notice and more than 15 day's notice, then the Student will receive a 50% refund of their full course price paid.
If the Student cancels their course with less than 15 day's notice, then the Student will not receive any refund, irrespective of personal circumstances.
Provided the Student provides DMS with more than 15 day's notice, the Student may transfer their booking to another time, subject to being charged a 25% handling fee. No changes are permitted with less than 15 day's notice and no refund will be made, irrespective of personal circumstances. Only one transfer is allowable for a booking.
During the Student's training sessions/course, if the Student is unable to continue with their training, (or decides they do not wish to continue), for whatever reason, no refund of the course cost is given.
IF DMS CANCEL OR TRANSFER A COURSE
In certain circumstances, DMS may have to postpone a Student's course in full or part. In such a situation, DMS will re-arrange the Student's course and DVSA test date (if applicable) at a mutually agreed time.
Where possible DMS pre-books motorcycle test dates with the DVSA (for Direct Access Courses) to fit with the timing of the motorcycle course booked by a Student.
However, the Student must be aware that the DVSA may cancel tests due to the unavailability of examiners, industrial action or poor weather conditions, even where they have previously given a written confirmation of the test date. DMS has absolutely no control over such actions by the DVSA.
Whilst DMS will make every effort on the Student's behalf to re-arrange your training in order to fit an alternative test date, but cannot be responsible for the inconvenience caused to the Student by the actions of the DVSA. Should you require additional training due to the change of test date by the DVSA , DMS reserves the right to charge the Student for this.
STUDENT CONDUCT, SAFETY AND RESPONSIBILTY
Motorcycle riding, potentially involves a high degree of risk that can lead to personal injury or death. When booking a course or a lesson, Students must accept these risks and hazards.
The Student is at all times to act in accordance with the directions and advice given to the Student by their instructor during the training session(s).
The Student is responsible for making sure they are adequately dressed and protected for motorcycle riding.
On booking a training course and immediately prior to commencement of training, the Student is obliged to inform DMS of any medical/physical condition or otherwise that could adversely affect their safety and/or training. DMS will, at their discretion, decide whether to accept the proposed Student's booking/carry out training.
The Student must inform their DMS instructor if there are any problems in relation to their medical/physical condition should they start to feel unwell during training.
The Student must arrive in good time to allow the course to start on time; lateness will result in loss of the Students allocated training time and fee. No refund of the training fee will be given to the Student.
The DMS instructor has the right to halt, suspend the training of a Student if they believe the Student to be incapacitated in any way through; drink, drugs, illness or fails to comply with instructions or safety standards. No refund of the training fee will be given to the Student.
The Student must bring their UK driving licence to all training sessions. It is the Student's responsibility to ensure that their UK driving licence is valid and in their possession for training. Should the Student's licence not be valid or the Student fails to bring it to the trainings session, the Student, will not be able to take the course and not entitled to a refund.
If a Student has booked a Direct Access Course, the decision to upgrade you to the larger bike rests solely with the DMS instructor. Where a Student has not reached the level of skill required to upgrade to the larger bike within the timescales of a normal course or to complete the CBT, if such a situation, your DMS instructor will explain the alternatives to the Student. No refund will be made if you are not able to complete your CBT or Direct Access Course.
For CBT one day courses, or advanced training courses where a Student is using their own suppled machine to train on, it is the Student's responsibility to ensure that it meets with all legal requirements for being on the road. The Student is expected to provide or DMS proof of insurance and MOT (where applicable). Should a Student arrive for training on a machine that is not legal; your DMS instructor will not be able to conduct any on-road training. (for example your number plate does not meet legal requirements). In such a situation, your fee will not be refundable and the Student will be required to re-book and pay for any additional lessons.
Should a Student incur any penalties or fines whilst riding a DMS motorcycle, due to your manner of riding, these will be charged directly to you.
For CBT courses, where a CBT Certificate is issued, it is the Student's responsibility to ensure this is not lost or damaged. Any replacement Certificate(s) requested by the Student from DMS will be issued at a cost to the Student of £20 per replacement Certificate.
For Direct Access and CBT courses, DMS will provide the Student with practical motorcycle training in accordance with the DVSA approved training standards. For advance training DMS will provide the Student with practical motorcycle training in accordance with the DVSA's Enhanced Rider Scheme course standards.
For all courses, where the Student has hired a motorcycle, DMS will provide a motorcycle that is compliant with all legal requirements in England & Wales and is roadworthy.
For CBT courses, DMS does not provide any guarantee that the Student will reach the required standard for a CBT Certificate to be issued. The cost of any additional training which the Student may wish to pursue in an effort to reach the standard required is the Student's responsibility.
For Direct Access courses, DMS does not provide any guarantee that the Student will pass their Module 1 or Module 2 motorcycle test. If the Student fails their Module 1 test, the Student will not be able to take their Module 2 test and the Student will (in certain circumstances) forfeit their Module 2 test fee. Should the Student fail either their Module 1 or their Module 2 test, the cost of any additional training, the DVSA test fees for retests and any travel or subsistence costs are the Student's responsibility. This applies to all training course packages and pay-as-you go.
The number of additional training days required, is assessed case-by-case, recommended by a DMS senior instructor, and booked on a mutual diary basis.
Although every effort is made to ensure a Student's safety during their course, the Student must accept there is a possibility that an accident may occur that causes loss, damage, expense, personal injury or death to the Student. Unless shown to be negligent, your instructor and / or DMS is not liable to the Student (or anyone connected with the incident) for any expenses, loss, damage, personal injury or death as a result of any accident that may occur.
DMS's liability is limited to any damage caused to the Student by DMS's failure to perform the contract or by our improper performance of the contract unless the failure or improper performance was the fault of the Student or any other third party or was due to unusual or unforeseeable circumstances which could not have been avoided and this liability is limited to the price paid for the training course.
If the Student wishes to complain about the training course, Student's must inform the Senior Instructor as is practical, so that remedial action can be taken as appropriate.