Terms and Conditions
Terms and Conditions.
Access Your Future. The Contract
All motorcycle and Trailer training courses are operated by Access Your Future trading as (Access Driver Training) referred to in this contract as ’We’. The ‘Trainee’ referred to as ‘You’ is the person confirmed on the course confirmation email. ‘Force majeure’ is any situation beyond the control of Access Your Future, which can be, but is not limited to, war, terrorist activity, natural disaster, civil strife, adverse weather or road conditions, fire, bureaucratic obstacles, changes in schedules by the Driver and Vehicle Standards Agency (‘DVSA’).
Access Your Future reserves the right to decline any booking at their discretion. The Trainee is required to sign a copy of the terms and conditions and waiver form.
Variation of the terms of this contract is only valid if done so in writing and signed by both the Trainee and a Director of Access Driver Training. The contract and all matters arising from it are subject to English law and the exclusive jurisdiction of the English Courts. In the event that any of the provisions of this contract shall be determined by any Court to be invalid, unlawful or unenforceable to any extent then such provision shall to that extent be severed from the remaining provisions of the contract, which shall continue to be valid and enforceable.
a) We require full payment in advance on booking to secure your requested dates. Until payment is received your course dates will not be confirmed and these dates will be made available to other Trainees. You can pay by credit or debit card, there are no charges for these services. Alternatively you can pay by cheque to Access Driver Training Ltd or make an electronic bank transfer.
b) What is included in your payment?
- Fully comprehensive insurance for all courses; you will not be charged for any damage to any hire motorcycle or towing vehicle/trailer, unless you have disregarded the instructions given to you by the instructor and the damage caused to the vehicle has resulted in your actions.
- For Individual Training, tuition is on a one to one basis, unless otherwise agreed in writing.
- DVSA theory literature for Direct Access courses and Trailer Training courses;
- CBT certification (where CBT course is completed);
- For all Direct Access and CBT courses and Trailer Training courses, motorcycle or towing vehicle/trailer hire is included in your price;
- Direct Access tuition is based on a maximum 2:1 pupil to instructor ratio, unless exceptional circumstances apply and only where by law we can teach a larger ratio.
- c) Personal accident insurance is not included in the cost of a course and you may wish to consult your own insurance broker.
- d) The DVSA motorcycle and DVSA B + E Trailer Towing test fee is included, any re-tests will be chargeable separately with any vehicle/instructor hire needed to take the re-test.
- If you wish to cancel or to transfer a course
Should you wish to cancel or postpone your course:
a) If cancellation is made with more than 28 days’ notice before the commencement of the course, the amount you have already paid will be returned to you less a handling fee of 15%.
b) If you cancel your course with less than 28 days’ notice and more than 15 days’ notice, then you will receive a 50% refund of your full course price paid.
c) If you cancel your course with less than 15 days’ notice, then you will not receive any refund, irrespective of personal circumstances.
d) Provided you give us more than 15 days’ notice, you may transfer your booking to another time, subject to being charged a 15% handling fee. No changes are permitted with less than 15 days’ notice and no refund will be made, irrespective of personal circumstances. Only one transfer is allowable for a booking.
e) During your course, if you are unable to continue with your training, for whatever reason, then no refund of the course cost is given.
If we cancel or transfer a course
a) In certain circumstances, Access Driver Training may have to postpone your course in full or part. In such a situation, Access Driver Training will re-arrange your course and DVSA test date (if applicable) at a mutually agreed time.
b) Should we cancel your course in full or part with less than 15 days’ notice, then we will pay you compensation of £50, as well as refund the price of your course, unless the cancellation is due to the DVSA cancelling the DVSA practical test date (see section 5) or any other force majeure.
DVSA (Driving Vehicle Standards Agency) Motorcycle & B + E Trailer Towing Tests
a) Access Driver Training pre-books test dates with the DVSA to fit with the timing of the course booked by a trainee.
b) However, you must be aware that on rare occasions the DVSA has to cancel tests due to the unavailability of examiners, industrial action or poor weather conditions, even where they have previously given a written confirmation of the test date. Access Driver Training has absolutely no control over such actions by the DVSA.
c) Access Driver Training will make every effort on your behalf to re-arrange your training in order to fit an alternative test date, but cannot be responsible for the inconvenience caused to you by the actions of the DVSA. Should you require additional training due to the change of test date by the DVSA, Access Driver Training reserves the right to charge you for this.
Your Safety and Responsibilities
a) Statistics show that motorcycle riding, by its very nature, involves a high degree of risk that can lead to personal injury or death. When booking a course or a lesson, pupils must accept these attendant risks and hazards.
b) You are responsible for always acting in accordance with the directions and advice given to you by your instructor during your training sessions. You are also responsible for making sure that you are adequately dressed and protected for motorcycle riding.
c) You are obliged to inform us of any physical or medical condition or otherwise that could adversely affect safety or training.
d) You must bring your UK driving licence with you for all your training. It is your responsibility to ensure that your UK driving licence is valid and in your possession for training. Should your licence not be valid or you do not bring it to the course, then you will not be able to take the course and you are not entitled to a refund.
e) If you have booked a Direct Access Course, the decision to upgrade you to the big bike rests solely with your instructor. On rare occasions, pupils may not reach the level of skill required to upgrade to the big bike within the timescales of a normal course or to complete the CBT (Day 1 of the Direct Access Course). In such a situation, your instructor will explain the alternatives to you. Certain options may mean additional training or extra DVSA test costs to you and are subject to instructor availability, which is not guaranteed. No refund will be made if you are not able to complete your CBT or Direct Access Course.
f) For Direct Access courses, Access Driver Training will not upgrade you to a big bike unless we are completely satisfied that you are able to handle the machine safely. If for whatever reason, you do not handle a big machine safely, then we reserve the right to restrict you to a 125cc machine. No refund will be made. For other courses, Access Driver Training will not upgrade you to a big bike unless we are completely satisfied that you are able to handle the machine safely, irrespective of the chosen bike that you may wish to ride.
g) Access Driver Training reserves the right to cancel any tuition should there be a suspicion that the trainee is under the influence of drink or drugs or if the trainee is not legal to ride on the road (e.g. you fail an eye test). Access Driver Training also reserves the right to stop tuition at any time when the Trainee is not safe on the road and is not acting in accordance with instructions. No refund of fees will be made in such a situation.
h) If you are supplying your own motorcycle to train on, it is your responsibility to ensure that it meets with all legal requirements for being on the road. You must provide proof of insurance and MOT (where applicable). Should you arrive for training on a machine that is not legal; your instructor will not be able to conduct any on-road training. (for example your number plate does not meet legal requirements). In such a scenario, your fee will not be refundable and you will be required to re-book and pay for any additional lessons.
i) If you incur any penalties or fines whilst riding Access Driver Training hire bikes, due to your manner of riding on the road, these will be charged directly to you.
j) Threatening behaviour. Any threatening behaviour whether physical or verbal will result
in an immediate termination of your training. No appeal will be accepted and the decision
of your instructor will in all cases be final and no refund will be given.
k) If you are late for training, your instructor will continue with the scheduled session to meet other pupil’s training requirements. You will not be reimbursed for training where you arrived late.
a) For Direct Access and CBT courses, we will provide you with practical motorcycle training in accordance with the DVSA approved training standards.
b) For all courses, where you have hired an Access Driver Training vehicle, we will provide you with a vehicle that is compliant with all legal requirements in England & Wales and is roadworthy. We will try and meet your preference for model of bike for bike hire, but do not guarantee this. We will provide a geared machine where requested, but reserve the right to move you to an automatic machine for safety reasons. This will be determined by your instructor.
c) For CBT, Direct Access and Trailer Training courses, we do not provide any guarantee that you will pass your test. If you fail your Module 1 test, you may not be able to take your Module 2 test and you will forfeit your Module 2 test fee. Should you fail either your Module 1 or your Module 2 test, the costs of any additional training, the DVSA test fees and any travel or subsistence costs are your responsibility.
d) Should you fail either your B+E, MOD 1 or MOD 2 test you will be required to have at least half a days training before your re-test.
a) Although every effort is made to ensure your safety during your course, you must realistically accept that there is a possibility that an accident may occur that causes loss, damage, expense, personal injury or death to you. Unless shown to be negligent, your instructor and Access Driver Training is not liable to you for any expenses, loss, damage, personal injury or death as a result of any accident that may occur.
b) Our liability is limited to any damage caused to the Pupil by our failure to perform the contract or by our improper performance of the contract unless the failure or improper performance was the fault of the Pupil or any other third party or was due to unusual or unforeseeable circumstances which could not have been avoided, and this liability is limited to the price paid for the training course.