Terms & Conditions
Terms & Conditions
MTS Driver Training Services & MTS Training Services.
These conditions should be read carefully because they are binding.
[i]The ‘school’ means MTS Midlands Training services or such other organisation associated with the school, the name of which appears on the face of this document.
[ii]The ‘student’ means the person with whom the contract is made.
[iii]The ‘programme’ means the services by way of training and instruction undertaken by the school for the student pursuant to this contract.
[iv]The ‘contract’ means the written contract signed by or on behalf of each of the parties hereto upon which these conditions of trading are endorsed or otherwise annexed.
[v]The ‘conditions’ mean these conditions of trading including any notified variations hereof.
(b)Variation: – No variation of any term, provision or condition of these conditions of trading whether in any document, writing or otherwise shall be binding upon the school or applicable to any party unless accepted in writing by the school and so endorsed upon or annexed to the contract.
RIGHTS AND RESPONSIBILITIES OF THE SCHOOL
1. Without prejudice to any of the other conditions hereof in the event of the school’s vehicles used at the time by the student during the programme suffering mechanical breakdowns or defects the school will provide a substitute vehicle and additional training where possible to the extent of time lost by the student (but not further or otherwise) and in the event of a driving test not proceeding in whole or in part as a result of the defects in a school vehicle, a further driving test will be booked by the school at no charge to the student but the school will be under no further liability respect thereof. This test may be booked at any date and or time in accordance with the schools availbility.
2. The school reserves the right without notice
[I] To cancel all or any remaining part of the student’s programme and where applicable his driving test, should the student insist, demand or otherwise show an intention to take his driving test at such stage as is earlier than the time at which in the opinion of the school is appropriate having regard to the suitability of the student to take such driving test and the student hereby accepts as a fundamental term of this contract that he shall be bound by the opinion of the school as to the appropriateness or suitability of his taking a driving test and the tstudent accepts the right of summary termination of this contract on the part of the school under this sub-clause as fair and reasonable. In the event of such summary termination by the school any balance of prepaid fees from the student to the school in respect of the unexpired portion of the programme and any prepaid driving test fee shall not be repaid to the student under any circumstances.
[ii] To waive one or more of the conditions hereof without prejudice to the other conditions hereof
[iii] In the event of the student in the opinion of the school experiencing training difficulties to continue the remaining part of the programme on a class of vehicle which the school consider most appropriate to the capabilities of the student.
[iv] To alter the precise detail of the programme (including dates and times of appointments, lessons and courses of instruction and test appointments) as in the school’s absolute discretion it shall think fit and upon terms that any such alterations shall be treated as part of the programme stipulated at the date hereof Provided Always the school shall, where at all possible, use best endeavours to give prior notice thereof (whether written or oral) in all circumstances other than in an emergency and provided further that in all cases notification of any such alteration shall be provided by the school to the student as soon as
possible after the event (if not notified previously) the student accepts that programme details may from time to time have to be altered by reason of changes in the instruction method used by the school and other reasons within the discretion of the school and the student hereby accepts this condition as reasonable.
3. For the purpose of this Clause 3 the expression the ‘student’ extends to include not only the signatory to this contract but also any third party on whose behalf the signatory is entering into as agent for such third party and the signatory hereto hereby declares that he or she is the duly authorised agent of the named third party intended to take the benefit from and to be bound by the programme and the conditions of trading hereof and the same shall be binding (as applicable) jointly and severally on both the signatory and said third party as if that third party were the signatory hereto and the signatory hereby confirms that these conditions of trading and details of the programme (including any variations thereof) have been or will be made known to such person prior to the commencement of or during the programme (as the case may be).
4. The estimated costs of the programme are given and assessed on the basis of provision by the school to the student of joint training together with other students. In the event of the provision of individual training the school reserves the right to increase the cost of the training and of the programme is exclusive of DVSA (Driver and Vehicle Standards Agency) test fees which must be borne by the student.
5. Failure of the student to submit the correctly completed applications and appropriate fees to the Driver and Vehicle Standards Agency in good time may result in the loss of a driving test appointment and or programme. The school will not be obliged to transfer the use of the vehicle for a driving test to a new appointment or be liable for any consequential loss in such event.
6. In the event of the student failing to attend for the whole or part of the programme the school reserves the right to charge for such non-attendance at current rates and will not issue any refunds.
7. The Programme and required hours of attendance
[I] A copy of the programme will at all times be available for inspection by the student either on public display within the school premises or in a place from time to time notified by the school
[ii] The onus will be upon the student daily or as necessary to inspect his programme and in particular the required timetable of attendance which will be similarly displayed to or available for inspection by the student.
[iii] Unless the school shall have been notified in writing of any specific unavailability at the time of booking, the student shall be available for attendance during the programme course between the hours of 6am and 8.30pm (within which daily period of hours the displayed or notified timetable will indicate the actual required hours of attendance on any particular day during the programme course).
Provided always that in respect of any student taking instructions from away instructors (meaning instructors who work from home and not from the school premises (or such other venue under the control of the school) then and in such circumstances the school will not have any responsibility for displaying the timetables and required daily hours of attendance at the school premises and shall be a matter dealt with by direct arrangement as between the student and the away instructor.
8. Events entitling cancellation of the contract on the part of the school.
[i] Malfeasance discovered on the part of the student in connection with his duties and obligations as student and/or in conjunction with any third parties attending the school or any unlawful activities in or around the school or property.
[ii] Occurrence or discovery of physical disability likely to prejudice due and lawful care and control of vehicles on the public highway.
[iii] Occurrence or discovery of impaired eyesight.
[iv] Occurrence or discovery of a criminal conviction prejudicial to the School or to the due and lawful conduct of the programme course or the control of vehicles on the public highway.
[v] Occurrence or discovery of any act matter or thing affecting the student likely to prejudice or increase the premiums for or render voidable the school’s insurance whether in respect of public liability or the student's safety when under instruction or in control of a vehicle or in respect of the school premises, vehicles or property.
[vi] Occurrence or discovery of a physical impediment prejudicial or potentially prejudicial to due and lawful care and control of vehicles on the public highway whether of a continuous or discontinuous nature (for example, but not by way of limitation, epilepsy).
[vii] Riotous or reckless behaviour likely to prejudice the convenience or safety of other people at the school or on the public highway.
[viii] Uncontrolled or uncontrollable behaviour on the part of the student likely to prejudice the convenience or safety of other people at the school or on the public highway or which might render void any insurance of the school or which might in law render the school liable in any respect whatsoever for permitting the student to have care and control of a vehicle on the public highway, by way of example (but not by way of limitation) drunkenness and behaviour affected or conditioned by drugs or medicines. [ix] Extended unnotified absence on the part of the student to observe hours of attendance as requested by the programme, as an alternative (at the sole and exclusive option of the school) to the power on the part of the school to charge for non-attendance contained in clause 6 of these conditions of Trading.
[ix] Breach by the student of any fundamental term of the Contract or these conditions of trading (the expression ‘fundamental’ to be at the sole discretion of the school but to be regarded as a serious breach rendering the school incapable of properly or sufficiently completing the contract whether pursuant to law or from a demonstrated practical point of view.
[xi] Occurrence or discovery of theft by or at the initiation of the student
Any cancellation of this contract by the school by the virtue of one or more of the foregoing entitlements shall result in forfeit of any deposit fees or other pre-payment made by the student.
9. In the event of any cancellation of this contract by the student (for whatever reason) prior to actual commencement of the programme.
[i] Any fee (meaning pre-payments, part-payments or invoices and or quotes full payments) shall be credited as applicable training for the student by the school. Any fee (meaning deposit) will be non-refundable and non transferrable.
[ii] In order to be effective any notice of cancellation on the part of the trainee cancelling this contract prior to the commencement of the programme must be in writing and delivered to the head office of the school (being the address contained in the contract) and the date of actual receipt of the said notice by the school shall determine the date of the notice of cancellation. The expression days in this clause shall mean clear working days excluding Saturday, Sunday and Bank Holidays.
In the event of the student cancelling the contract and or programme less than 14 clear working days prior to the commencement of the programme or after commencement of the programme the trainee will not be entitled to a refund of less paid. Cancellation 14 days prior to programme commencement will be given in credit as to the absolute discretion of the school. Any driving tests may be chargeable as to the absolute discretion of the school.
[iv] The cancellation terms referred to herein apply in the event of all bookings (including telephone bookings) whether on short notice or otherwise and for the purpose of this provision the expression ‘bookings’ means:
A – as to non-telephone bookings written acceptance by or on behalf of a student or a particular Programme against pre-payment of the requisite fee (or part thereof)
B – As to telephone bookings confirmation recorded by the school in its records of a telephone booking from a student for a particular Programme following pre-payment of a deposit or an initial payment on account of the programme course fee. Such contemporaneous evidence as is recorded by the school at time of telephone booking shall constitute full and sufficient evidence for the purpose of the contract.
[v] In any circumstance where the student produces to the School a medical certificate signed by a registered medical practitioner showing that the student is incapacitated by sickness or injury to an extent whereby he will be unable to commence or to complete the programme or part of the programme (or otherwise would unavoidably through no fault of his own be in breach of a fundamental term of the contract) then the school may at its absolute discretion provide alternative training in substitution for such part of the programme as commences not less than 6 working days after receipt by the school of the said certificate. If the student then fails for any reason to attend such alternative training the school will be under no further obligation and no refund of fees will become due and payable.The student may be liable
to charges for loss of the school's programme arrangement times and applicable driving test fee's at the schools absolute discretion.
[vi] In the event of the student being prevented to attend any part of the programme for reasons other than those contained or referred to in this Clause generally or in the event of the school being prevented from providing the whole or any part of the programme to the student for reasons other than the default of the school then the school will not be under any obligation to provide any substitute training for the part of the programme missed or to make any refund. Without prejudice to the generality of this clause and not by way of limitation the following shall be regarded as reasons other than those the default of the school. Namely;
A – Failure of the DVSA (Driver and Vehicle Standards Agency) to provide an examiner for any reason.
B – Prevention of or delay in attendance by an examiner due to double booking, weather conditions (including fog, ice snow) adverse lighting conditions, traffic congestion (including parked vehicles) postal strikes (including interruptions or delays in the postal service.
C – Absence of attendance by an examiner or the inability of the school to conduct business through general strikes, lockouts, industrial actions or trade disputes or any consequential result thereof.
11. The contents of the programme will not necessary follow the order or times stated in the programme but details will at all times be the subjects of display pursuant to provisions of clause 7 of these conditions of trading
12. The school will maintain motor insurance for the student provided that the student strictly observes these conditions of trading and adheres to the programme.
13. The school shall not be liable for consequential loss howsoever arising to the student from the programme save in respect of death or bodily harm arising directly as a result of proven negligence on the part of the school.
14. The school shall not be under any obligation to the student until this contract and the endorsed or annexed conditions of trading signed by or on behalf of the student, has been returned to the school together with full payment of the appropriate fee.
15. Payment of the appropriate fee must show as cleared funds in our banking accounts prior to programme confirmation.
RIGHTS AND RESPONSIBILITIES OF THE STUDENT
16. The student warrants to the school
(1)That his eyesight meets the standard required by law for the driving of road vehicles and undertakes with the school to notify the school of any deterioration of the same and to disclose any impediment or illness which may at any time make it unsuitable or dangerous for the student to drive or be under the control of any road vehicle.
(2)That he is in good health free from any physical disability (whether continuous or discontinuous as previously exampled).
(3)That he has a current and valid driving licence authorising him to drive any road vehicle the subject of the programme
(4)That he holds a current valid theory test certificate & hazard perception certificate required for the vehicle, subject of the programme
(5)That he does not have any criminal conviction or other legal impediment preventing him from being in control of a motor vehicle on the public highway and that there is no prosecution or other action pending this respect
(5)That he is of proper legal age to drive the particular vehicle intended for him as part of the programme course
(6) That he holds the correct driving provisional entitlement for the vehicle category that his programme is booked for
17. The student undertakes with the school at all time to have in force a current and valid driving licence and to have such driving licence in his possession at all times whilst attending for all training and driving tests.
18. The student shall report to the instructor or examiner (as the case may be) any default or defect or lack of roadworthiness of which he becomes aware in a School vehicle as soon as he comes so aware. No refunds or substitute appointments shall be made to or for the student in the event of breach of this clause.
19. The student shall be available between the hours of 6.00am and 8.30pm during the programme course for training in respect of the hours required by the programme unless the school shall have been notified of any such unavailability at the time of booking and the onus shall be upon the student to acquaint himself with the required hours of attendance displayed or made available by the school as aforesaid pursuant to Clause 7 of these conditions.
20. At the conclusion of each attendance the student is responsible for ascertaining the time of the next appointment on the timetable board or in such other manner as information is displayed pursuant to clause 7 of these conditions. No refunds or substitute appointments shall be made to or for the student in the event of breach of these conditions.
21. The student undertakes at all time to be punctual, hard working and diligent.
22. The student undertakes not to consume any alcohol at any time during his attendance of the programme course and in particular not to arrive at the school for instruction under the influence of alcohol. The school reserves the right at its absolute option not to permit continuance of instruction during a Programme course in any circumstances where in its reasonable opinion the School believes that there has been a breach of this condition. No refunds or substitute appointments shall be made to or for the Trainee in the event of breach of this condition.
23. It is the responsibility of the student to use exclusively the vehicle from time to time provided by the school for use in respect of the programme course in and at the times prescribed by and pursuant to the requirements of the programme and these conditions of trading. Due and proper observance by the student of these conditions and in particular this clause 23 shall entitle the student to the free facilities specified in the programme. The free facilities shall not be available to the student unless.
(1)And until the programme course is completed by the student
(2)The programme course is completed successfully by the student
(3)That the student during the programme course has used the school vehicles provided by or at the direction of the school
(4)The student (if considered necessary by the school) has completed a lesson (for which the student is to pay the cost at the normal rates) with and conducted by the school within fourteen days before the required test appointment in circumstances where there has been a lapse of at least eight weeks following completion by the student of a course of training with the school to enable the school to assess (or to re- assess as the case may be) the student’s suitability to sit the test under such circumstances. The schools decision as to the accomplishment by the student of the foregoing as conditions precedent entitling the student to any of the free facilities specified in the programme shall be absolute.
Any free facilities to which the student becomes entitled as aforesaid must be taken up by the student within six weeks of completing the last part of the programme course and if not taken up within that period then any entitlements on the part of the student to such free facilities shall thereupon lapse and be withdrawn.
24. Following completion of the programme course
(1) Within 30 clear working days thereafter the student shall have opportunity of requesting (free of charge) copies of any documentation relating to the programme (schedule, training records, invoices) But this facility shall not apply to any non-completed Programme course for whatever reason.
(2) After the expiry of 30 clear working days thereafter the provision by the school to the student of any such documentation will then be supplied upon request of the student but only at a cost of not less than Â£50 payable in advance.
25. Any deposits , part payments and or full payments made by the student on account of a programme course and or package shall not be refundable and also if the student fails to take up or complete the programme and or chooses not to continue the course or package. Any unused deposits or unused fee payments (or parts thereof) and not failing within the refund of provisions of Clause 9 hereof (except where specific provision is made) shall not be transferable, refundable or available for substitute appointments or facilities provided always but at the entire discretion of the school.
(1) Course payments and costs including special offers and discounted packages once paid for by the student are none refundable and can only be substituted for the training originally booked for by the school this is at the entire discretion of the school.
(2)Upon written request (accompanied by such proper documentary evidence as shall be necessary) from the student made within 30 days of the date of payment, the school may at their absolute discretion allow the deposit or part fee payment to be transferred to the credit of another person accepted as a student at the school subject to the condition that a new contract has been entered into by that other person with the school confirming details of the new programme course and provided further that the new programme course governed by the new contract is taken up and fulfilled by the other person before the expiry of the period of 30 days calculated from the date of payment by the student of the said deposit or part payment.
(3) Upon written request (accompanied by such proper documentary evidence as shall be necessary) from the student made within 30 days of date of payment the school may give credit to the student of such part fee payment against the cost of any new contract with the school entered into by the student within the period of 30 days from the date of payment. Of such deposits or part fee payment and provided further that the new programme course governed by the new contract is taken up
and fulfilled by the student before the expiry of the period of 30 days calculated from the said date of payment by the student.
Time in all cases to be of the essence in respect of the time periods specified in paragraphs (1) & (2) above
26. The school shall not be responsible or be liable to give recompense for any damage to or loss of personal property belonging to the student left at the school premises or within the School vehicles.
27. The school shall not be held responsible for any accident, incident, misdemeanour caused or perpetrated (as the case may be) by the student during training or when driving in any vehicle (whether or not belonging to the school) and whether before or after a particular training class.
28. The school shall not be held responsible for any delay in the completion of the programme or the programme course beyond any time period stipulated in the contract. And whilst the school shall use its best endeavours to provide forewarning of any likely delays or any necessary extension to the time period stipulated by the contract, the school shall have no obligation to provide any such forewarning or prior notification and the school shall not be liable for any consequential expenses penalties or any other financial outlay in which the student may become liable in such circumstances.
29. The school will endeavour to secure a compatible personality match between Instructor and student. But in any event where either an Instructor or the student notifies the school of a personality clash and which in the reasonable opinion of the school is incapable of resolution and which is of sufficient seriousness to jeopardise the integrity of fulfilment of the programme then and in such circumstances the school will use its best endeavours to secure an acceptable alternative instructor within 30 days of such notification provided always:
[i] It shall be and remain the responsibility of the student to notify the school of any such difficulty perceived by the student and the school shall not suffer any liability to the student in the event of the student failing to provide such notification
[ii] The school does not warrant that any acceptable alternative Instructor secured for the programme shall be able to conform to any particular pre-arranged timetable notified in respect of the programme and the student shall accept such revisions in the programme as in the reasonable opinion of the school are appropriate to complete the programme for the benefit of the student with the assistance of the alternative instructor
[iii] In any circumstances where the school is unable a satisfactory alternative instructor or completion of the programme upon acceptable terms with such alternative instructor then the school will refund to the student the remaining unused portion of fees paid by (or will give credit in respect of any fees than due and owing but not paid) whereupon the programme will end and this contract shall cease and be of no
further effect (save as to the recovery of any balance of unpaid fees after allowing for any applicable credit as aforesaid)
[iv] In the event of the school securing an alternative Instructor upon such programme terms which in the reasonable opinion of the school are fair and appropriate to the student to enable the student to finish the programme but which are rejected by the student then the school shall not be under any obligation to refund to the student any unused portion of any pre-paid fees (or to give credit as aforesaid in respect of any fees then due and owing).
30. All booked and pre-paid courses must be redeemed within a 6 month period from the date of the original deposit of funds and or payments. This is at the entire discretion of the school.
MIDLANDS TRAINING SERVICES is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
MIDLANDS TRAINING SERVICES may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25/05/2018.
What we collect
We may collect the following information:
name and job title
driving licence number
date of birth
national insurance number
contact information including email address and phone number
demographic information such as address, preferences and interests
other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
Contacting you with regard to applications that you have made.
To book and allocate driving tests.
To check licence information.
We may use the information to improve our products and services.
We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
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Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following way:
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to MTS, PLANETARY HOUSE, PLANETARY ROAD, WILLENHALL, WV13 3SW
If you wish any of the information that we hold to be deleted or removed then you must write to us via MTS, ERA SITE, WILLENHALL, WV12 5QU
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.