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Driving Instructors / Schools Terms & Conditions

Lesson Booking Terms and Conditions – Lesson Providers

These terms and conditions regulate the rights and responsibilities of Low Price Lessons and you, the provider of driving lessons, in relation to driving lesson bookings made on your behalf through the LowPriceLessons.com Service.

1. Defined Terms
   
   
   
   1. Unless expressly stated otherwise, the following terms shall have the following meanings:
   2. “Booking” means a booking for a lesson or lessons at your Lesson Provider made using the Low Price Lessons Service;
   3. “Booking Confirmation” means confirmation of a Booking in standard form which is sent to the Customer either by e-mail;
   4. “Business day” means any day on which the Low Price Lessons Contact Centre is open for business;
   5. “Customer” means a person or other legal entity that makes a Booking;
   6. “Provider Payment” means the Total Price less half of the Deposit, being the amount payable to the Provider by LowPriceLessons.com once payment is received from the relevant Customer;
   7. “Scheduled Lesson” means the period covered by the Booking;
   8. “Special Booking Information” means the information provided by you, details of which are listed as “Special Booking Information” within the Booking Confirmation;
   9. “Driving Instructor Control Panel” means the Inventory On-Line Access tool used by you to create, update and provide information to us and to Customers, including without limitation, information on availability and prices;
   10. “Driving Instructor Control Panel Guidelines” means the guidelines issued by Low Price Lessons from time to time in relation to your use of the Driving Instructor Control Panel;
   11. “Total Price” means the total price of the Booking as made through LowPriceLessons.com (including VAT but excluding the costs of any services which are not included within the price of the lesson);
   12. “VAT” means value added tax;
   13. “LowPriceLessons.com Contact Centre” means the contact centre that we operate, which can be accessed by telephone on 0131 558 8807 or by e-mail to enquiries@lowpricelessons.com;
   14. “LowPriceLessons.com Service” means the internet portal operated by LowPriceLessons.com in order to facilitate the receipt of booking enquiries and match them with available lesson; and
   15. “You” or “your” means the driving lesson provider on whose behalf a Booking is made.
2. Appointment of LowPriceLessons.com as booking agent
   
   
   
   1. For any period during which you have an arrangement with LowPriceLessons.com whereby your Lesson Provider is listed on the LowPriceLessons.com Service, you acknowledge your appointment of LowPriceLessons.com and its agents (including DrivingComparisons.com and LowCostLessons.com) as your agent to accept Bookings. Where LowPriceLessons.com or any of its agents accepts a Booking on your behalf, you acknowledge that: (i) a binding contract for the provision of that lesson will be formed between you and the Customer concerned, made up of the details set out in the relevant Booking Confirmation, together with the terms contained in our current Terms and Conditions for Driving Lesson for Consumers, a copy of which is available at http://LowPriceLessons.com/termsandconditions, or in printed form on request; and (ii) a Booking specific contract will be formed between you and LowPriceLessons.com, made up of the details contained in the relevant Booking Confirmation, together with these terms and conditions.
   2. You agree to notify LowPriceLessons.com if you intend to sell or otherwise dispose of any driving lesson at your Lesson Provider and you undertake that bookings made for that lesson prior to such notification being given will be honored by the new owner and that all relevant revenues and commitments will be passed over to the new owner by you. For the avoidance of doubt, if such bookings are not honored by the new owner, this will be deemed to be a cancellation by you in accordance with Clause 10.
3. Provision of Lesson Provider Details
   
   
   
   1. Low Price Lessons will invite you to submit a specific list of information to it in relation to your Lesson Provider. Where you submit information, or authorise the submission of information, to Low Price Lessons or any of its agents in relation to your Lesson Provider through the use of the Driving Instructor Control Panel or otherwise, that submission shall be deemed by Low Price Lesson to be a request by you for the publication and use of that information as part of the Low Price Lessons Service.
   2. Failure to provide any part of the information required by Low Price Lessons may result in the details of your Lesson Provider that are made available to the LowPriceLessons.com Service being set at LowPriceLessons.com default standards until such time as you provide the relevant information to LowPriceLessons.com.
   3. Once all or any of the information submitted by you in relation to the Lesson Provider is accepted by LowPriceLessons.com, it will be your responsibility to review periodically the listing for your Lesson Provider and as necessary inform LowPriceLessons.com if any information is inaccurate or if there are any material changes to the information supplied by you and LowPriceLessons.com shall make any changes that it deems to be necessary.  All changes made to the information on the LowPriceLessons.com Service are subject to LowPriceLessons.com ’s approval and LowPriceLessons.com is entitled at any time and at its sole discretion to edit any information published using the LowPriceLessons.com Service. You will be notified of any changes made to the listing for your Lesson Provider by LowPriceLessons.com.
   4. You agree that any inaccuracy in the listing for your Lesson Provider may result in loss to LowPriceLessons.com and you acknowledge that you will reimburse LowPriceLessons.com for any such loss.
   5. You will follow the Driving Instructor Dashboard Guidelines at all times when using the Driving Instructor Dashboard.
4. The Booking Process
   
   
   
   1. LowPriceLessons.com has your agreement to any potential Booking made via the internet portal prior to confirming the Booking with the potential Customer.  The Booking will be binding on you as soon as the customer confirms the booking. You may elect not accept Bookings in advance through the Driving Instructor Control Panel.
   2. The publication of your details and thereby your agreement to these terms and conditions is an agreement to accept, in advance, any bookings made through LowPriceLessons.com, LowPriceLessons.com will act as your agent in confirming the Booking with the Customer.
   3. LowPriceLessons.com will thereafter forward you the details of the confirmed Booking by email, fax or telephone (as appropriate), and will provide you with the relevant Booking reference number. It is then your responsibility to arrange the time of the lessons with the Customer and to arrange your own collection of the remaining 95% of the total cost.
   4. It is your responsibility as a driving lessons provider to update the availability of your lessons – including your lead time and your maximum customers per month.
5. Total Price and Deposit
   
   
   
   1. On making the Booking, LowPriceLessons.com will charge the Customer 5% of the Total Price (the “Deposit”), retaining that sum as payment for LowPriceLessons.com’s role in making the Booking on your behalf.
   2. If the Booking is made through a LowPriceLessons.com’s Contact Centre, you acknowledge that LowPriceLessons.com will charge the Customer a further booking fee.
6. Payment Details
   
   
   
   1. You agree that you will, immediately upon your acceptance of these terms and conditions, provide LowPriceLessons.com with your bank details and you agree that you will notify LowPriceLessons.com in writing if these details change at any time. LowPriceLessons.com will not be responsible in any way if your failure to provide it with your bank details or to notify LowPriceLessons.com of any change in the details results in any delay or loss in payments due to you under these terms and conditions.
   2. If you are VAT registered, you agree to confirm your VAT number to LowPriceLessons.com in writing immediately upon your acceptance of these terms and conditions.
7. Additional Charges
   
   
   
   1. If you submit Special Booking Information to LowPriceLessons.com, you agree to do so in accordance with Clause 3 and you further agree that settlement of any additional charges specified in the Special Booking Information will be a matter between you and the Customer and that LowPriceLessons.com will have no involvement in that process or liability to you in the event of non-payment by the Customer. 
8. Additional Customer Requirements
   
   
   
   1. When LowPriceLessons.com contacts you by email to confirm a potential Booking, LowPriceLessons.com will inform you of any additional requirements that the potential Customer has requested in relation to the Booking (such request by the potential Customer being an “Additional Requirements Request”) and you agree to inform LowPriceLessons.com immediately whether you can satisfy this Additional Requirements Request.
   2. If you indicate that you are unable to satisfy an Additional Requirements Request, LowPriceLessons.com will inform the potential Customer of this and, if the potential Customer makes the Booking, LowPriceLessons.com will not make any reference to any additional requirements on the Booking Confirmation relating to that Booking.
   3. If you indicate that you are able to satisfy an Additional Requirements Request, LowPriceLessons.com will inform the potential Customer of this and, if the potential Customer makes the Booking, those additional requirements will be listed as “Additional Requirements” within the Booking Confirmation relating to that Booking and you agree that those additional requirements will form part of the binding contract between you and the Customer for the provision of lesson at your Lesson Provider.
   4. If you indicate (in accordance with Clause 8.3) that you are able to satisfy an Additional Requirements Request, you agree that any issue that arises with the Customer in relation to your satisfaction of the Additional Requirements Request will be a matter between you and the Customer and that LowPriceLessons.com will have no involvement in that issue or liability to you or the Customer in that regard.
9. Customer Cancellations
   
   
   
   1. If the Customer cancels a Booking in circumstances other than those set out in Clause 9b;
      where the Customer has made the cancellation by contacting LowPriceLessons.com direct, LowPriceLessons.com will notify you of the cancellation by e-mail, fax or telephone (as appropriate); or
      where the Customer has made the cancellation by contacting you direct, you will immediately notify the LowPriceLessons.com by either e-mail or telephone.
   2. Where the Customer cancels a Booking on the basis that the lesson or Lesson Provider does not accord with the Booking or with the information published through the LowPriceLessons.com Service you will at your own expense and then only with the consent of the Customer, arrange alternative lesson of the standard originally booked.
   3. Where a Customer cancels a Booking for whatever reason, you acknowledge that LowPriceLessons.com will in all circumstances be entitled to retain its Deposit.
10. Provider Cancellations
    
    
    
    1. If you cancel a Booking at any time, whether voluntarily or as the result of circumstances outside of your control, you will notify LowPriceLessons.com and the Customer immediately and, unless the Customer accepts alternative lesson under Clause 10.2, you will promptly refund to the Customer all sums paid to LowPriceLessons.com by the Customer in relation to the Booking (5% of the total cost, the Deposit). For the avoidance of doubt, LowPriceLessons.com shall be entitled to retain its Deposit.
    2. If you cancel a Booking and the Customer so consents, you will at your own expense use all reasonable endeavors, working with LowPriceLessons.com, to arrange for the Customer, alternative lesson of a comparable standard and as geographically close as possible to the Lesson Provider.  If such alternative lesson is not available or is not accepted by the Customer, without prejudice to the refund due by you to the Customer under Clause 10a, LowPriceLessons.com may choose to make a reasonable additional payment of compensation to the Customer to reflect any additional expense or inconvenience suffered by the Customer as a result of the cancellation.  Where such a payment of compensation is made, you will promptly reimburse LowPriceLessons.com in full for that compensation payment.
    3. If the Customer wishes to rebook lessons through LowPriceLessons.com they will be entitled to do so free of charge up to the same total cost if a refund of the Deposit has not been made to the Customer by the Driving Lessons Provider. This is to facilitate clause 10b.
11. LowPriceLessons.com Cancellations
    
    
    
    1. If, at any time, you are made aware (other than by LowPriceLessons.com) that LowPriceLessons.com has failed to transcribe a Booking correctly onto a Booking Confirmation (such a failure being a “Transcription Error”), you agree to: (i) notify LowPriceLessons.com immediately; and (ii) use all reasonable endeavors to accommodate the Booking. If you cannot accommodate the Booking, the provisions in Clause 11c will apply.
    2. If, at any time, LowPriceLessons.com is made aware of a Transcription Error, LowPriceLessons.com will notify you immediately and you agree to use all reasonable endeavors to accommodate the Booking. If you cannot accommodate the Booking, the provisions in Clause 11c will apply.
    3. If you cannot accommodate a Booking once you are made aware of a Transcription Error, you will notify LowPriceLessons.com immediately and the Booking will be treated as being cancelled. Once identified as a Transcription Error you will not be due to refund the student the cancellation charge.
12. Double Bookings
    
    
    
    1. Where lesson at the Lesson Provider is double booked as a direct result of a LowPriceLessons.com failure to comply with its obligations as set out in these terms and conditions, you and LowPriceLessons.com agree to use all reasonable endeavors to find the Customer lesson of a comparable standard as geographically close as possible to your Lesson Provider.  Subject to receipt of a suitable invoice and subject to Clause 15, LowPriceLessons.com will reimburse to you the reasonable costs you incur in making those arrangements.
    2. Subject to Clause 12c, where lesson at the Lesson Provider is double booked for any reason other than as set out in Clause 12a, you will either: (i) allocate the lesson required to the Customer who booked through the LowPriceLessons.com Service; or (ii) at your own expense and then only with the consent of the Customer, arrange alternative lesson of a comparable standard.  You acknowledge that where the Customer is unable to be accommodated at the Lesson Provider due to a double booking covered by this Clause 12b, LowPriceLessons.com may choose to repay to the Customer all or part of the sums paid to date in relation to the Booking.  Where such a repayment is made, you will promptly reimburse LowPriceLessons.com in full for that repayment.
    3. Where a double booking occurs for any reason other than as set out in Clause 12b and arises less than 48 hours before the first day of the Scheduled Lesson, Clause 12b will not apply and instead that double booking will be considered to be a cancellation made in accordance with Clause 10b.
13. Booking Alterations
    
    
    
    1. You will use all reasonable endeavors to accommodate any request by a Customer to alter a Booking (such request being an “Alteration Request”), whether the request is made to you direct or through LowPriceLessons.com 
    2. If an Alteration Request is made direct to LowPriceLessons.com, LowPriceLessons.com will contact you within one business day of receiving such an Alteration Request in order to inform you of the nature of the Alteration Request and you agree that you will contact the LowPriceLessons.com Contact Centre within one further business day in order to confirm whether or not you will accommodate the Alteration Request. Any failure by you to provide such confirmation will be deemed to be an indication that you will not accommodate the Alteration Request.
    3. If an Alteration Request is made direct to you, you agree to contact the LowPriceLessons.com Contact Centre within one business day of receiving such an Alteration Request in order to inform LowPriceLessons.com of the nature of the Alteration Request and you further agree that, no later than two business days from receiving an Alteration Request, you will contact the LowPriceLessons.com Contact Centre in order to confirm to LowPriceLessons.com whether or not you will accommodate the Alteration Request. Any failure by you to provide such confirmation will be deemed to be an indication that you will not accommodate the Alteration Request.
    4. If you indicate that you will not accommodate the Alteration Request, LowPriceLessons.com will inform the Customer of this fact and LowPriceLessons.com will give the Customer the option either:
       to let the Booking stand unaltered; or
       to treat the Booking as being cancelled in accordance with Clause 9a (as appropriate).
    5. For the avoidance of doubt, if you indicate that you will not accommodate an Alteration Request and a Customer chooses to cancel a Booking, Clause 9d will apply to such a cancellation and, where such a Booking is cancelled after the Provider Payment for that Booking has been paid to you by LowPriceLessons.com, you will be entitled to retain any payment due to you in accordance with Clause 9b and you agree that you will refund LowPriceLessons.com any amount owed to the Customer as identified in Column 4 of the table set out in Clause 9b.
    6. If you indicate that you will accommodate the Alteration Request, LowPriceLessons.com will inform the Customer of this fact.
14. Complaints
    
    
    
    1. LowPriceLessons.com will promptly advise you of any complaint received from a Customer relating to you or your Lesson Provider.  Thereafter, you will promptly contact the Customer and seek to resolve the complaint directly.  During that process, you agree to keep LowPriceLessons.com regularly advised as to progress and the final outcome of the process. If, at any stage, the complaint is not dealt with to the satisfaction of the Customer, LowPriceLessons.com may refer the complaint to the Driving Standards Agency (DSA)
    2. If you have a complaint relating to a Customer, this should be made to the Customer during the Scheduled Lesson. If the complaint is not dealt with to your satisfaction, you should refer it to LowPriceLessons.com. 
15. Liability
    
    
    
    1.  Subject to Clause 15c, in no event shall LowPriceLessons.com be liable to you, in contract, delict (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any loss of profit, business, contracts, revenues or anticipated savings, increased costs or expenses, special, indirect or consequential damage or loss.
    2. LowPriceLessons.com’s total liability to you in respect of any costs or losses directly associated with any Booking shall in no circumstances exceed an amount equal to 100% of the Total Price.
    3. Nothing in this Clause 15 shall seek to limit or exclude LowPriceLessons.com’s liability to you for death or personal injury caused by LowPriceLessons.com’s negligence.
16. Data Protection
    
    
    
    1. You will have consented to the use by LowPriceLessons.com of data provided by you when registering products for promotion on the LowPriceLessons.com Service and you acknowledge that those provisions apply to any data provided by you in accordance with Clause 3 of these terms and conditions.
17. General
    
    
    
    1. Any notice or other communication to be given in respect of these terms and conditions, other than any communication pursuant to Clause 13, shall be in writing and signed (save in the case of e-mail) by or on behalf of the party giving it.  The notice may be served by: (i) delivery in person; (ii) by post; (iii) by facsimile; or (iv) e-mail, to the address, fax number or e-mail address of the other party.
    2. Either party shall be entitled but not obliged at any time or times to set-off any liability of the other party to it against any liability of it to the other party in either case howsoever arising and whether any such liability is present or future, liquidated or unliquidated and irrespective of the currency of its denomination. Any exercise by either party of its rights under this Clause 17b shall be without prejudice to any other rights or remedies available to it under this Agreement or otherwise.
    3. LowPriceLessons.com shall be entitled at any time to issue you with contractual terms replacing the terms and conditions set out herein. Following the date of such issue, these terms and conditions shall cease to have effect, save in relation to Bookings already then in existence.
    4. These terms and conditions, together with the details of the relevant Booking on the Booking Confirmation shall constitute the entire agreement between you and LowPriceLessons.com in relation to that Booking.  Nothing in this Clause shall exclude the liability of either party for fraud or fraudulent misrepresentation.
    5. Each provision of these terms and conditions shall be read separately.  In the event that the whole or any part of a provision may prove to be illegal or unenforceable, the other provisions of these terms and conditions and the remainder of the provision in question shall continue in full force and effect.
    6. The construction, validity and performance of the Booking and these terms and conditions shall be governed by the law of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts in as far as permitted by law.