Terms & conditions

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GSM Pupil Terms and Conditions

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Your Instructor and GSM Driving Academy

In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means. Your instructor is a self-employed franchisee (“Your Instructor”) trading as GSM Driving Academy.

Tuition

Tuition is only available to persons who meet the following criteria:

• Must be aged 17 or over or aged 16 or over and in receipt of the higher rate of Disability Living Allowance (mobility component)
• Hold a valid UK provisional driving licence
• Legally entitled to drive in the UK.

Lessons

You and Your Instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons.

You must notify Your Instructor of any matters which affect your ability or entitlement to have driving tuition, for example,

• Loss of a valid UK provisional driving licence
• Any disqualifications or fixed penalty points on your licence.
• Any changes to health not allowing you to drive the vehicle safely and responsibly
• GSM Driving Academy offers a home pick up and drop off service. If you are required to be picked up or dropped off elsewhere, instructor must be notified clearly when booking and not on the lesson day.
• Test day fee depending on test centre booked. Please speak to your instructor for exact price of your chosen centre.

Use of car for Test

• Test day fee depending on test centre booked. Please speak to your instructor for exact price of your chosen centre. GSM Driving Academy reserves the right to withhold tuition cars from test if instructor feels you are not competent or safe for the test.
• GSM Driving Academy reserves the right to withhold tuition cars from test if instructor feels you are not competent or safe for the test.
• GSM Driving Academy are not responsible if tests that are cancelled by the DVSA due to bad weather or any unforeseen circumstances. Your instructor will guide you through the compensation procedures if offered by the DVSA.
• In the Event of test being cancelled due to pupils error i.e. incomplete paperwork or other reasons, test day fee is still payable.

Cancellation of Lessons

If You wish to cancel a booked lesson, a minimum of 24 hours (varies instructor to instructor as some require 48 hours) prior notice should be given. Cancellations must be made directly between You and Your Instructor. If you do not give at least 24/48 hours notice of cancellation You will be charged for the lesson(s) concerned.

We reserve the right to change lesson times if necessary as a result of a short notice driving tests, illness, bad weather or unforeseen circumstances beyond our control.

Please note that you are responsible for booking your driving test with the DVSA. In the event of You having booked your driving test, the DVSA stipulate that you need to give three clear working days to cancel Your test. This may mean that You will lose Your DVSA test fee if Your Instructor says You are not ready for test within this three-day notice period. It is therefore its your responsibility to make sure you and your instructor agree that your ready for your test before the test cancelation period ends as GSM will take responsibility for any fees lost.

Payments and Lesson Bookings

You must pay for any tuition at least 48 hours before the start of the lesson by using one of the following methods:

• Payment by credit or debit card at www.gsmonline.co.ukPayment by credit, or debit card or by telephoning the GSM Customer Services on 0208262 0010
• If paying direct to your instructor, Payment for lessons must be made in full before the driving lessons begins.
• Block booking payments must be made in full 48h before if paying to office or on the first lesson of the block if paying direct to your instructor
• Voucher and gift cards have no cash value and have to be redeemed against tuition.
• Voucher and gift cards are not transferable once they have been redeemed.
• Gift vouchers must be redeemed within 6 months of the issue date on the voucher.
• Outside the 6 months the voucher will be invalid and there will be no refunds issued.
• Block booking lessons are valid for a period of 6 months from the date the 1st lesson is taken and all lessons must be completed within this time.
• Online bookings are valid for the period of 6 months from the day of payment. Lessons must be started within this time.
• A handling fee of 2.5% inclusive of VAT is applied to credit/debit card transactions made through the Customer Service Centre or online. Higher charges apply if paying via www.gsmonline.co.uk due to higher paypal charges.

Prices & Price Changes

Block booking discounts displayed on this site are only available once. Any additional discounted blocks will be made available to you by your instructor if they are participating in the discounts. Please note prices vary from area to area and from instructor to instructor. By commencing the lessons with your instructor, you are agreeing to their prices given to you at the time. Instructors are franchisees with GSM Driving Academy, and are entitled to set their own individual prices once the initial block has been completed.

The cost of prepaid tuition is based on the lesson price in force at the time of booking and with the exception of the circumstances set out below, will be honored for 4 months thereafter irrespective of any price increase that may occur between the date of booking and when the lessons are taken. Any unused lessons remaining after 4 months have elapsed shall have any lesson price increase applied prior to the lessons which shall become payable by You

Circumstances where, if You have prepaid, You will be either be required to pay an additional amount beyond the cost of Your pre-paid lessons or receive a refund of some of Your prepayments (as applicable):

• Where You have moved postcode area and requested reallocation to another Instructor because Your current Instructor does not operate in the new postcode area, You will be required to cover any difference in the hourly rate between those Instructors where Your new Instructor charges a higher hourly rate or, where Your Instructor charges a lower rate, you will be refunded the difference.
• Where you have requested to switch Instructors within the same postcode area and Your new Instructor charges a higher hourly rate than Your previous Instructor You will be required to pay the difference in the hourly rate or, where Your Instructor charges a lower rate, receive a refund of the difference.
• Where You have requested to switch Instructors in the same postcode area and Your new Instructor charges a supplement (for example an additional fee for tuition in a car with automatic transmission), You will be required to pay any such supplement.
• Where You have not undertaken any lessons for a period of two months and have been reallocated an Instructor after a price rise in tuition has taken place You will be required to pay the difference in price for your remaining lessons.

Special offers and discounts

GSM presents a great range of offers and discounts to new and existing learner pupils on learning to drive and other related products.

GSM reserves the right to introduce (and to withdraw) special offers from time to time. Introductory offers are only available to new learner pupils, cannot be used in conjunction with other offers and are not transferable.

Refund Policy and Warranty

You are entitled to cancel Your prepaid tuition for a refund at any time providing that you have not taken the pre paid lesson or taken any lessons from a block of lessons. If the lessons of a block booking have started and you are unhappy with the instructor or the vehicle you are learning in, we will change the instructor for you. If you are then unhappy with the second instructor the management may then authorize a refund for the remaining lessons minus £20 admin fee.

• If You have taken lesson(s) at the time of cancellation You will not be eligible for a refund on any lessons taken.
• Where it is possible to do so, We will refund You using the same method You used to pay for Your lessons when You made the payment. If for any reason We are unable to do this, We reserve the right to refund You by any other method We deem appropriate.
• We may request additional information from You to confirm Your identity in order to comply with the Money Laundering Regulations 2007; We will also use this information to ensure adherence to Our Merchant Operating Instructions for card collection facilities.
• Refunds may take up to 10 working days to reach You or Your account.
• Refund of partial block booking will be made pro rata on any lessons not taken minus £20 admin fee
• If you have paid using a prepaid gift card or GSM voucher, We will not be able to proceed to any refund of the card or voucher.

If You have paid Your Instructor for the tuition You wish to cancel Your Instructor will refund you adhering to the same principles as set out above.

Transferability of Lessons

You cannot sell or transfer lessons which have been purchased in Your name to any other person.

Fraud prevention

Your lessons are only valid if they are purchased through the channels outlined in the Payments and Lesson Bookings section set out above. If Your lessons have been purchased through another source please contact us immediately on 0208 262 0010. In the event that some or all of Your lessons were not purchased in accordance with the foregoing terms, GSM reserve the right to suspend these lessons in Your account, with immediate effect.

An investigation will then be conducted by GSM in order to check the validity of the purchase. Where the results of the investigation determine that the lessons are not valid they will not be provided to You and GSM shall have no liability in these circumstances.

Limitation of Liability

Your Instructor/GSM are not liable to You for any loss or damage caused where, and to the extent that:

• there is no breach of a legal duty owed to You by the relevant person or body;
• such loss or damage is not a reasonably foreseeable result of such a breach;
• any such loss or damage, or increase in the same, results from any breach or omission by You;
• any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body.

You are learning to drive with GSM Driving Academy at your own risk. GSM Driving Academy cannot be held responsible if you have a any type of injury for example a fall, or bang your head getting in or out of the vehicle. Your Instructor of GSM Driving Academy cannot be held liable for injuries sustained in the unlikely event of a car accident whilst on lesson.

Your Instructor and or GSM shall not, in any event, be liable for losses relating to any business interests You may have including, without limitation, lost profits, lost earnings, loss of opportunity or business or business interruption. You are reminded that GSM is not a party to the contract for driving tuition itself, which is between You and Your Instructor.

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

Insurance

Your Instructor will carry the appropriate motor insurance, should You be involved in a collision as a learner driver whilst in control of driving the Instructor’s tuition vehicle.

Complaints Procedure

Any complaints must be made direct to your instructor. If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact the Customer Service Centre on 020 8262 0010.

Customer care

Your contract is between You and Your Instructor.

In the rare event of any problem arising, You should resolve this with Your instructor immediately. We recommend no further lessons are taken until the matter is resolved.

In the unlikely event that You are unable to reach a satisfactory conclusion, We will be happy to investigate further until the matter is resolved. Please note that We will require evidence of any financial transactions and lesson times before We are able to investigate. Therefore, it is imperative that Your Driver Record (provided to You by Your Instructor) details are kept accurate and up to date. Should You require Us to investigate any matter, please contact Our customer services by one of the following methods.

• Email : info@gsmonline.co.uk
• Phone 020 8262 0010

Collection and use of data

Any personal data You provide will be held securely and in accordance with the Data Protection Act 1998.

We will use Your personal data for the purpose(s) for which You have provided it. It may also be used for marketing, research and statistical purposes and crime prevention.

We may however need to disclose personal data to a third party so that the service You requested could be provided. It may also be necessary to transfer it to countries outside the European Economic Area. Where this happens, we will endeavour to ensure that any recipient of Your data will treat it with the same level of protection as We would.

Your data may be disclosed to regulatory bodies for the purposes of monitoring and/or enforcing compliance with any regulatory rules/codes.

If you give us information about another person, in doing so You confirm that they have given You permission to provide it to Us to be able to process their personal data (including sensitive personal data) and also that You have told them who We are and what We will use their data for, as set out in this notice.

In the case of personal data, with limited exceptions, You have the right to access and if necessary rectify information held about you by contacting us.

By providing Us with your personal data and contact details, You consent to the use of that data and to Your being contacted by GSM by post, telephone, email, SMS or other electronic means, to inform You about products and services which it considers may be of interest to You. However You can contact the Data Protection Officer in writing at the same address as above at any time to suppress some or all products.

Your calls to the Customer Service Centre may be recorded for quality monitoring and training purposes.

Terms you will be asked to read and sign on your first lesson.

1. By signing these terms you confirm you are over 17 years of age and are eligible for driving lessons. You must notify your instructor immediately about any changes to your health and or any changes to your provisional driving licence.
2. Payment for single or block lessons must be made in full 48hrs before the driving lesson or on the day, before the lesson begins if paying direct to your instructor.
3. Block booking lessons are valid for a period of 6 months from the date the 1st lesson is taken and all lessons must be completed within this time.
4. Lessons must be taken consistently for positive progress. If you don't have a lesson for 2 weeks you will loose any remaining lessons in the block unless the break is agreed with your instructor.
5. Block bookings that have been started are non refundable. In the event that you are unhappy with the instructor, we can change the instructor for you.
6. With the Pay as you go block you must pay up front for your 1st and 10th lessons (money for 2 lessons). If you don't complete the block you will loose the pre paid money for the 10th lesson.
7. Driving lessons booked/conducted are non refundable. Any refunds authorised for remaining lessons from a block are subject to a £20 admin fee deducted from the total refund due & lessons taken from the block will be charged at full price.
8. Clear 24/48 hour notice must be given for any changes/cancellations for booked lessons. If changes are made without 24/48 hours notice, you may be charged for the cancellation. Please see your appointment card for notice time required by your instructor.
9. Changes and cancellations must be made direct with your instructor.
10. GSM Driving Academy offers a home pick up and drop off service. If you are required to be picked up or dropped off elsewhere, your instructor must be notified clearly when booking and not on the lesson day.
11. Test day fee varies depending on test centre booked. Please speak to your instructor for prices.
12. GSM Driving Academy or your instructor are not responsible for booking or managing your practical test. If your instructor is unavailable to take you for your test, its your responsibilty to change the date. If you cant get in touch with your instructor for any reason, call the office.
13. GSM Driving Academy/ your instructor reserves the right to withhold tuition cars from test if the instructor feels you are not competent or safe for the test.
14. GSM Driving Academy are not responsible if tests are cancelled by the DVSA due to bad weather or any unforeseen circumstances. Your instructor will guide you through the compensation procedure if offered by the DVSA.
15. In the Event of test being cancelled due to pupils error i.e. incomplete paperwork or any other reason, test day fee is still payable in full to your instructor.
16. You are learning to drive with GSM Driving Academy at your own risk. GSM Driving Academy or your Instructor can not be held responsible if you injure yourself getting in or out of the tuition vehicle or whilst on your driving lesson. GSM Driving Academy cannot be held liable for injuries sustained in the event of a car accident whilst on lesson.
17. Your instructor reserves the right to re arrange your lesson at short notice as a result of short notice driving tests, illness, bad weather or unforeseen circumstances beyond their control.
18. Your lesson time starts as soon as your instructor notifies you of their arrival. Please be ready.
19. If you’re late, the instructor will wait for 15 minutes before leaving, if they leave, the lesson is still payable. Any waiting time will be deducted from your lesson time.
20. When booking your lessons, please keep a 15 minute leeway incase instructor is delayed in traffic.
21. You and your Instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons.
22. All instructors work under a franchise contract with GSM Driving Academy. They are responsible for your tuition, their conduct and the condition of their vehicle.
23. Any misconduct must be reported to the office A.S.A.P
24. Complaints must be made to your instructor, if unresolved then to the office on 020 8819 8766.
25. By signing this form you confirm agreement to the above terms and you agree to read and understand the full Terms & Conditions on our website at www.gsmonline.co.uk.

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