Low Price Lessons
LEARNER Terms & Conditions

Lesson Booking Terms and Conditions – Consumer

These terms and conditions make up the agreement between us and you, in relation to any lesson booking made on your behalf using the LowPriceLessons.com Service.  Please note that certain terms are defined at the end of this document.

1. Appointment of LowPriceLessons.com as booking agent
   
   
   
   1. By using the LowPriceLessons.com Service, you appoint us as your agent for the purpose of making Bookings on your behalf.  Where we make a Booking for you, a legal contract for the provision of the lessons/services will be formed between you and the Lesson Provider and a Booking contract made up of the details of the Booking concerned and these terms and conditions will be formed between you and us.
   2. The Lesson Provider is required to contact you directly to notify you of any separate terms and conditions which apply to your relationship with the Lesson Provider.
2. The Booking Process, Commission and Charges
   
   
   
   1. When you indicate that the available lessons is acceptable, we will treat that as your offer to contract with the Lesson Provider and will process that offer on your behalf.  As part of that process we will charge your nominated credit/debit card a non-refundable payment of 5% of the Total Price.  That payment is made to us by way of commission for our role in making the Booking (being referred to in these terms and conditions as our “Commission”). For ease, that 5% payment is also referred to as your “Deposit”.
   2. Confirmation of your Booking together with the relevant booking reference number will be forwarded to both you and the Lesson Provider once payment of the Deposit has been confirmed.
   3. Unless Clause 2.4 applies, you must pay the balance of the Total Price payable for the Booking (i.e. the Total Price less the 5% paid by way of your Deposit) direct to the Lesson Provider when you are at the Establishment at the beginning of your first lesson.
   4. In some instances, a Lesson Provider will require some or all of the balance of the Total Price to be paid in advance of the lesson of your Scheduled Lessons.  If this is the case, the Lesson Provider will make you aware of the relevant payment requirements at the time that you make your Booking.
   5. Please note that any additional arrangements made between you and the Lesson Provider over and above the arrangements set out in these terms and conditions, will not be covered by these terms and conditions.
3. Cancellations
   
   
   
   1. If you wish to cancel a Booking you must do so by contacting LowPriceLessons.com via email enquiries@lowpricelesson.com or by phone to 0131 558 8807. If you cancel a Booking by contacting either us or the Lesson Provider direct, up to and including 28 days before your first lesson, and that cancellation is not made on the basis that the lessons or the Establishment does not accord with either the Booking or the information published or otherwise described through the LowPriceLessons.com Service: (i) we may charge your credit/debit card with a Late Cancellation Charge and, where successful, will pay that amount less a £4 administration charge to the Lesson Provider; or (ii) where a Late Cancellation Charge is not or cannot be levied by us, we will pass your name and address to the Lesson Provider to allow the Lesson Provider to recover a Late Cancellation Charge from you direct.
   2. Where you cancel a Booking, you acknowledge that we will in all circumstances be entitled to retain our Commission.
   3. If the Lesson Provider cancels a Booking at any time it will notify both you and us and we will use all reasonable endeavors to ensure that the Lesson Provider promptly refunds to you all sums paid by you in relation to the Booking, including an amount equal to the Deposit.
   4. If the Lesson Provider cancels a Booking up to and including 28 days before the First Lesson, the Lesson Provider will offer to you either a refund in accordance with Clause 3c or will arrange for you, at the Lesson Provider’s expense, lessons of a comparable standard and in the same locality as that in the original Booking.  If the alternative lessons offered are of a lower value than the lessons comprising the original Booking, the Lesson Provider shall reimburse the difference to you if you accept the Lesson Provider’s offer of alternative lessons.
   5. If you do not take up any offer of alternative lessons made by the Lesson Provider under Clause 3d, we may at our discretion make a compensatory payment to you in addition to the refund due by the Lesson Provider under Clause 3c, to reflect any additional expense or inconvenience suffered by you as a result of the cancellation.
   6. Unless your Booking has already been cancelled in accordance with Clauses 3a, 3c or 3d, your failure to be available at the agreed ‘Pick Up’ location for a Booking by the arranged time of that First Lesson Booking will be treated as a cancellation made on 28 days or less notice in accordance with Clause 3a and a Late Cancellation Charge will be made in accordance with Clause 3a
   7. If you anticipate that you will fail to be at and available from the agreed ‘Pick Up’ location for a Booking by the First Lesson deadline specified in Clause 3f, you should notify the Lesson Provider directly.  If you agree an alternative arrival time with the Lesson Provider, that alternative time will replace the First Lesson Booking deadline specified in Clause 3f.
   8. Notwithstanding Clause 3i, if after arrival you fail to pay for the full duration of your Booking, the Lesson Provider will, if it so wishes, be entitled to recover from you an amount as reimbursement for revenue lost as a result of the lessons not being fulfilled. The amount charged will be determined by the Lesson Provider in each situation but will not exceed the balance of the Total Price payable for the Booking (i.e. the Total Price less the 10% paid by way of your Deposit).
   9. If a Lesson Provider wishes to charge a cancellation charge greater than the Late Cancellation Charge it will have to make you aware of the level of the charge and the payment requirements at the time that you make your Booking.
4. Unfulfilled Bookings
   
   
   
   1. Where a Double Booking occurs, we will use all reasonable endeavors to ensure that the Lesson Provider will either: (i) allocate the Double Booked lessons to you; or (ii) only with your consent, arrange alternative lessons of a comparable standard.  Where you are unable to be accommodated due to a Double Booking, we will repay to you that part of any sums paid by you to date which relate to the Double Booked lessons.
   2. Where, with reasonable justification, you cancel a Booking on the basis that the lessons or Establishment does not accord with the Booking or the information published or otherwise described through the LowPriceLessons.com Service, we will use all reasonable endeavors to ensure, with your consent, that the Lesson Provider arranges alternative lessons equal to or better than the standard originally booked and we will repay to you that part of any sums paid by you to date which relate to the cancelled Booking.
5. Booking Alterations
   
   
   
   1. If you wish to alter a Booking, you must do so by contacting the LowPriceLessons.com Contact Centre. We will use all reasonable endeavors to accommodate a request to alter a Booking. A charge of £5 (inclusive of VAT) will be made by us to your credit/debit card for any alteration made to a Booking.  Except in the circumstances described in Clause 5.2 below, where the alteration requested results in a change in the Total Price of the Booking, the amount of Commission due from you will be adjusted to 5% of the Total Price of the altered Booking and your credit/debit card will be charged or credited accordingly.
   2. In the event that the alteration to your Booking involves reducing the quantity or size of lessons that you have booked, the quantity or size that the Booking has been reduced by will be deemed to be cancelled and we will retain our Commission for the quantity or size of lessons originally booked in accordance with Clause 3b.
   3. Where your request to alter a Booking cannot be met, we will give you the option either: (i) to let the Booking stand unaltered; or (ii) to treat the Booking as being cancelled in accordance with Clause 3a.
   4. Where a request to alter a Booking is made up to and including 28 days before the Latest Arrival Time and the request cannot be met, resulting in a cancellation, a Late Cancellation Charge will automatically apply.
6. Complaints
   
   
   
   1. Any complaint you have relating to the Lesson Provider or its Establishment should in the first instance be made to the Lesson Provider at the time of your Lessons.  If your complaint is not dealt with to your satisfaction, you should refer the complaint to us.  As part of our complaints process, we will assess your complaint and take what we deem to be appropriate action. We will update you on the progress of the complaint when you so request. If we do not resolve the complaint to your satisfaction and/ or it is deemed appropriate we will forward your complaint to the Driving Standards Authority.
7. Liability
   
   
   
   1. Subject to Clause 7c, in no event will we 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 howsoever arising out of a Booking.
   2. Our 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 the total sums paid by you to us in relation to that Booking. 
   3. We shall have no liability for the Lesson Provider’s negligence or failure to meet its obligations in relation to the Booking.
   4. Nothing in this Clause 7 shall seek to limit or exclude our liability to you for death or personal injury caused by our negligence.
8. Data Protection
   
   
   
   1. Please note that when giving information for the purposes of making your Booking, you will be deemed to consent to us holding, using and making that information available to Lesson Providers and our agents and subcontractors for the purposes of attempting to make/making a Booking on your behalf and subsequently meeting our obligations set out in these terms and conditions. 
   2. When giving information for the purposes of making your Booking, you will be asked to provide your express consent to us holding and using that information to send you details of selected automotive and learner driver businesses, products and services that we think you will find valuable and passing your details to selected third parties involved in the automotive and insurance industry. If, after giving such consent, you no longer wish your information to be used in that way, please contact us, giving your name and address: (i) by post to LowPriceLessons.com, 236, Canongate, Edinburgh EH8 8AB; or (ii) by e-mail to enquiries@LowPriceLessons.com; or (iii) by telephone on 01315588807.
   3. We may record telephone calls made between you and the LowPriceLessons.com Contact Centre for the purpose of processing Bookings, conducting internal training and providing evidence in the event of a dispute and you will be deemed to consent to such recording by communicating with the LowPriceLessons.com Contact Centre by telephone.
9. General
   
   
   
   1. we provide the LowPriceLessons.com Service in association with the Lesson Providers. 
   2. These terms and conditions, together with the details of a particular Booking constitute the entire agreement between you and us in relation to that Booking.  Nothing in this Clause shall exclude the liability of either party for fraud or fraudulent misrepresentation.
   3. 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 will remain in full force and effect.
   4. Unless otherwise stated, VAT is chargeable on the sale of all goods and supply of all services which are subject to VAT, whether supplied to you by us or the Lesson Provider.
   5. 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.
10. Definitions
    
    
    
    1. “Lesson Provider” means the person or other legal entity providing the lessons/services that you have selected for your Booking;
    2. “Booking” means a booking for lessons and/or services selected by you using the LowPriceLessons.com Service; 
    3. “Commission” has the meaning attributed to that term in Clause 2a;
    4. “Deposit” has the meaning attributed to that term in Clause 2a;
    5. “Establishment” means the establishment/company/instructor with whom your lessons are booked;
    6. “Late Cancellation Charge” means an amount equal to 95% of the Total Price;
    7. “Lesson” means the period covered by your Booking;
    8. “First Lesson” means the first lesson scheduled in your Booking.
    9. "Pick Up location at which you agree to meet your instructor for your First Lesson;
    10. “Total Price” means the total charge for lessons and/or services (including VAT) levied by the Lesson Provider (including any Deposit) for the whole period covered by your Booking;
    11. “Us” and “We” means LowPriceLessons.com, and “Our” means LowPriceLessons.com’s;
    12. “VAT” means value added tax;
    13. “LowPriceLessons.com Contact Centre” means the contact centre that we operate as part of the LowPriceLessons.com Service and through which we facilitate cancellations and alterations of Bookings. The LowPriceLessons.com Contact Centre can be accessed by telephone on 0131 558 8807, or by e-mail to enquiries@LowPriceLessons.com;
    14. “LowPriceLessons.com Service” means the website and contact centre that we operate in order to facilitate the matching of booking enquiries and lessons; and
    15. “You” or “Your” means the customer on whose behalf a Booking is made.