Jules’ Controls terms and conditions

1.          These terms

1.1        These are the terms and conditions on which I, Julie Alvarez (Trading as “Jules’ Controls”) will agree to provide driving lessons (the “lesson(s)”) to                 you and sets out each of my and your obligations in respect of the provision of each Lesson to you.

1.2       Please read these terms carefully. These terms tell you

(a)        who I am,

(b)        how I will provide the Lessons to you,

(c)        what your obligations are.

(d)        how I will charge for the carrying out of the Lessons and

(e)        how you and I may change or end the provision of Lessons,

(f)         other important information.

2.          Information about me and how to contact me

2.1        I am Julie Alvarez trading as “Jules’ Controls” a sole trader established in England and Wales. 

2.2      You can contact me by telephoning me, Texting me or by writing to me at the following:

(a)       Telephone Number: 07507 284314

(b)       Email Address: julescontrols@gmail.com

2.3      If I have to contact you I will do so by calling or texting you on the telephone number that you provide me with from time to time, or by writing to you             at the email address or postal address you provided to me in your initial confirmation of instruction that you require me to provide the Lessons in                   accordance with these terms or such other telephone, email or postal addresses that you notify me of in accordance 2.2 above.

2.4      When I use the words "writing" or "written" in these terms, this includes emails and text.

3.        When a contract is made

3.1      If I agree to provide you with lessons in accordance with these terms I will call, write or email you to accept your request for me to provide Lessons             to you. At that point a contract will come into existence between you and me.

3.2      If I am unable to accept your immediate request to provide Lessons to you I will inform you of this and with your agreement may put you on a                       waiting list and will contact you when I have the availability to provide Lessons to you.

4.         My responsibilities to you in providing the Lessons

4.1       Subject to a contract being made and you complying with your obligations set out in 5 below, I will

(a)       provide each Lesson to you on the dates and times that you and I from time to time agree.

(b)       Make every effort to ensure that the vehicle I supply for

(i)       each Lesson; and

(ii)       test;

           will be fully road worthy and comply with all necessary legal requirements at the start of each test or Lesson (as appropriate) provided always that it             is acknowledged that I shall not be held responsible for any vehicle failure that occurs during any Lesson or test (as appropriate).

(c)       (where I have agreed to do so) use reasonable endeavours to maintain regular Lesson slots each week for you to ensure continuity of learning.                      However, this cannot be guaranteed and, in and to the extent that you cancel more than one Lesson in any consecutive 2 month period, then I                      reserve the right to release any weekly slot that I have agreed to retain for you to another client, and instead to continue to provide Lessons to you               on an ad-hoc basis as and when I have an available Lesson slot.

(d)         be entitled to refuse you the right to use my vehicle for any test or Lesson if I (in my absolute discretion) consider that the provision of a vehicle for               your use in any Lesson or test could cause a risk to public safety.

(e)        ensure that during each Lesson (and test in which my Vehicle is being used) my vehicle will be taxed, and insured for the purposes of driving                      tuition.

5.         My rights to make changes to any Lessons

5.1       Subject to 5.2 below

(a)       I will use reasonable endeavours to ensure that the Lessons start and finish on time, but reserve the right to cancel, postpone or change lesson                    lengths and start/finish times under circumstances which are beyond my control (including but without limitation dangerous weather conditions, a                need to carry out repairs to my vehicle, pandemics and such other acts of God). In the event of postponement/cancellation, such fees paid in advance by you for such Lessons will be carried forward. If the length of the Lessons need to be reduced then  a credit will be given for the unused portion of any such Lessons.

(b)         If, before the beginning of a Lesson, I need to change the time when I am able to provide the Lesson to you (notwithstanding that you and I have made an arrangement to provide Lesson at a particular date and time) I will use my reasonable endeavours to give you not less than 48 hours’ notice of the need to cancel and rearrange such date and time of a Lesson. You will not be charged as a result of such cancelation of the Lesson.

5.2            I reserve the right to cancel or postpone a Lesson at short notice (or during the course of carrying out a Lesson) if I suspect that you are unfit to attend or continue to attend (as appropriate) a Lesson, including without limitation due to the effects of alcohol, drugs or any such other condition that would (in my opinion) cause your driving to be or become impaired, dangerous or illegal. In such circumstances the Lesson fee will remain to be due and payable.

6.               Your obligations to me

6.1            You must comply with the following obligations as a result of and/ or during each time you have a Lesson provided by me:

(a)         hold a current, valid driving licence be it a provisional, full or international, and produce it to me on request from time to time and in any event in advance of the first time I provide a Lesson  to you;

(b)         all times whilst driving, be fit to drive with regard to all and any legal and/or medical requirements laws and/or regulations;

(c)         You are required to provide accurate information upon request relating to all matters of learning to drive;

(d)         ensure that all charges that you owe me in relation to the provision of each Lesson that I provide under these terms  is paid in clear funds to me prior to the start of each Lesson.

(e)         any changes that you wish to make to the timings of any Lesson are notified to me by you at least 48 hours before the requisite Lesson is due to start. Changes may include, but are not limited to, cancellations and alterations to any detail of the Lesson. Where less than 48 hours’ notice is provided by you in connection with the cancelation and/or alterations of a Lesson I reserve the right to charge the full fee for any such Lesson(s) affected and you are required to pay for such cancelled Lessons in full.

(f)          notify me immediately of any changes to your circumstances which would prohibit, prevent or delay (temporarily or otherwise) you from driving including without limitation changes to your health, eyesight, your ability to safely control a vehicle, or your right to drive through use of a provisional, full or international licence.

(g)         comply with the reasonable rules and regulations that I, from time to time, notify you of in connection with the use of my vehicle and/or your participation in each Lesson that I give you, including without limitation such health and safety protocols that I from time to time notify you of.

6.2            If at any time when I am about to give you a Lesson or during a Lesson it becomes apparent to me (in my absolute discretion ):

(a)         that you are under the influence of drugs or alcohol;

(b)         that you engage in any conduct that I, in my sole discretion, consider to be reckless, dangerous or inappropriate; or

(c)         for any other reason where I am of the view that you are not fit to continue to drive or for me to provide a Lesson;

then I shall be entitled to stop the Lesson and in such circumstances the Lesson fee will remain due and payable by you for the whole of the Lesson booked (where or not fully provided)

7.               Location and Charges

7.1            The minimum period that a Lesson can be booked for shall be two hours with the exception that if you have a test booked then it shall be appropriate to book a Lesson for an one hour immediately prior to your test..

7.2            Each Lesson booked by you will be charged out at my hourly rate from time to time in force (a note of my current hourly rates can be requested from me at any time).

7.3            All charges to be incurred by you for each booked Lesson must be paid in cleared funds before such Lesson is undertaken. I reserve the right to refuse to provide a Lesson if and to the extent that such charges have not been received in cleared funds prior to the start of that Lesson

7.4            All Lessons will start and finish at the same location unless alternative arrangements are made in advance.

7.5            I will determine a location for practical lessons which ensures both your and the public’s safety – this may mean that from time to time I may need to drive you to and from the lesson location; this journey time forms part of the Lesson.

7.6            I only accept payment for the Lessons by the following means

(a)         by cash; or

(b)         by banker’s standing order or by any other electronic method that I reasonably require to such bank account that I from time to time notify you of

Provided always that where you are wishing to block book Lessons it is preferred that payment is made in accordance with 7.6 (b) above.

7.7            Where you require my vehicle in order to undertake your test, you will need to book this time in advance with me in order to ensure that I am able to procure your use of my vehicle. Depending on the time of the test it is likely that you will need to book a minimum of two hours and possibly longer and you will be charged at my normal Lesson rates for the use of such vehicle.

8.               Rights to cancel/postpone a Lesson and/or end the contract

8.1            You have the right to cancel postpone or vary the time of any booked Lesson and/or to terminate your contract with me at any time provided that you have given me not less than 48 hours prior written notification of your desire to cancel postpone or vary that Lesson or terminate your contract before any pre-booked Lesson.

8.2            Subject to the provisions of these terms, if you decide that you no longer require Lessons to be carried out by me I will refund you in full for any sums that I am at that time holding on your behalf for any un-booked Lessons

8.3            I reserve the right to suspend or cancel any future booked Lessons at any time by writing to you if:

(a)         you do not make any payment to me when it is due, and you still do not make payment within 2 days of me reminding you that payment is due;

(b)         you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide further Lessons

(c)         you are in breach of your obligations in these Terms and which (at my absolute discretion) are such that I do not feel it is appropriate to continue to provide Lessons to you .

8.4            I have the right to terminate your contract with me at any time provided that I have given you not less than 48 hours prior written notification before any pre-booked Lesson.

9.               My liability to you

9.1            I am not liable to you for any loss or damage caused where, and to the extent that:

(a)         There is no breach of a legal duty owed to you by me;

(b)         Such loss or damage is not a reasonably foreseeable result of such a breach of a legal duty by me ;

(c)         Any such loss or damage, or increase in the same, results from any breach or omission by you; or

(d)         Any such loss or damage results from circumstances or matters outside of my reasonable control.

9.2             Subject to 9.3 below I shall not, in any event, be liable for losses relating to any business interests you may have including, without limitation, lost profits, loss of opportunity or business or business interruption

9.3  Nothing in these Terms and Conditions will affect any statutory rights you may have as a consumer

10.            Other important terms

10.1         Personal data provided by you to me (whether or not under these terms) may be used to

(a)         Identify you

(b)         help administer, and contact you about administration of, any accounts, services and products provided to you

(c)         Trace debtors, recover debt, prevent and detect fraud, and to manage your accounts or insurance policies and check your identity to prevent money laundering unless you give us other satisfactory proof of identity.

10.2         Personal data will only be retained for as long as required and then destroyed securely. It will not be shared, nor will it be transferred outside of the European Economic Area.

10.3         I may seek your consent to use your image for promotional purposes. Any photograph taken for these purposes will remain my property, and in giving your consent for the photograph to be taken you acknowledge my right use your image in any advertising campaign.

10.4         This contract is between you and me. No other person shall have any rights to enforce any of its terms.

10.5         If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide Lessons, I can still require you to make the payment at a later date.

10.6         These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts.