START DRIVING Terms & Conditions
Start Driving (START DRIVING) provides the website to you on the basis of the following terms and conditions ("Terms and Conditions"). By accessing any page on this Start Driving Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be updated by Start Driving from time to time by posting the updated Terms and Conditions without prior separate notification to you. You should check the Terms and Conditions each time you access the Start Driving Website to check for updates.
- Start Driving Website
You will be able to obtain information about certain Start Driving products and services on this Start Driving Website and you may also submit queries to Start Driving to receive more information.
Start Driving hereby excludes all conditions, warranties, representations or other terms concerning the supply or purported supply of, failure to supply or delay in supplying any service in connection with the Start Driving Website or that the Start Driving Website is accurate, complete or up-to-date, which might but for this Section 4 have effect between Start Driving and you, or would otherwise be implied into or incorporated into these Terms and Conditions or any collateral contract, whether by statute, common law or otherwise. You understand and agree that you are using the Start Driving Website at your sole risk and that Start Driving does not warrant that the Start Driving Website will meet your requirements or that the Start Driving Website will be uninterrupted, error free or secure. Any content or services provided via the Start Driving Website or in connection with the Start Driving Website by Start Driving is done so on an "AS IS" and on an "AS AVAILABLE" basis and Start Driving makes no representations or endorsement of any kind, whether express or implied, with respect to the Start Driving Website for the content or services included in, or made available in connection with, this Start Driving Website. Start Driving reserves the right at its sole discretion, to amend or withdraw any content or services offered as part of the Start Driving Website.
Start Driving , any other party (whether or not involved in creating, producing, maintaining or delivering this Start Driving Website), and any of Start Driving group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this Start Driving Website in any way or in connection with the use, inability to use or the results of use of this Start Driving Website, any websites linked to this Start Driving Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Start Driving Website or your downloading of any material from this Start Driving Website or any websites linked to this Start Driving Website. This shall not affect your statutory rights. Nothing in these Terms and Conditions shall exclude or limit Start Driving 's liability for (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
- The information provided in a form or otherwise via the Start Driving Website will be used by Start Driving for the purpose of providing the services that you have requested by way of the Start Driving Website.
- From time to time Start Driving, Start Driving affiliates or agents might use this information for marketing purposes or to inform you about other products and services, which we think might be of interest for you. You can specify whether you wish to receive such information in the appropriate box in your registration form.
- You have the right to access, correct, update, or delete your data by accessing the appropriate link to your profile or by submitting a request to webmaster@Start Driving.ie.
- We will only hold your personal information for the duration necessary to allow us to provide the services that you have requested or for any additional period as required by law.
You must not display or use in any manner Start Driving or Start Driving trademarks or logos without Start Driving prior written permission.
These Terms and Conditions shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Irish courts.
Copyright © Start Driving 2013. All rights reserved. It is strictly prohibited to copy, redistribute, republish or modify any materials or software contained on the Start Driving Website or in subsequent support without the prior written consent of Start Driving.
Mount Catherine, Clonlara, Co. Clare
Email: info@Start Driving.ie
TERMS and CONDITIONS relating to Driving Lessons etc
- Interpretation and application
In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means Peter McNamara trading as “START DRIVING” or Start Driving” and “You” or “Your” means you the customer. You must read these Conditions in full as they set out the complete terms upon which We have agreed to provide, and You have agreed to obtain, driving tuition from Us. In particular, You should read and accustom yourself with the follow sections: Your responsibilities (clause 4) and Lesson Cancellation Policy (clause 8), which will apply to You. We and Your Instructor reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions.
- About Your Instructor
The contract for driving tuition is solely between You and Your Instructor. You and Your Instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons. Approved Driving Instructors (ADI’s) are governed within the industry by the Road Safety Authority. Also, Essential Driver Training (EDT) logbooks are issued by the Road Safety Authority. You must notify Your Instructor of any matters which affect your ability or entitlement to have driving tuition, for example, but not limited to, any lack, or loss, of a valid learner permit licence. Where tuition is delivered by an instructor other than Peter McNamara START DRIVING acts as agent for Your Instructor in receiving Your payments for driving tuition, other than payments made directly by You to Your Instructor. Where We and/or START DRIVING makes bookings with, or supplies any information or documentation to You, or processes any payments for Your lessons, they act as the agent of Your Instructor.
- Driving Lessons (on the road tuition)
Driving Lessons are only available to persons who meet the following criteria:
- Aged 17 and over; and
- Who hold a valid Irish Learner Permit (“Licence”); and
- Who are legally entitled to drive in Republic of Ireland
- Your responsibilities
- If You take On the Road lessons, it is Your responsibility to ensure that You have the appropriate Licence and the Licence must be presented to Your Instructor prior to the commencement of Your tuition.
- Your Instructor reserves the right to refuse to provide You with tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence prior to Your first lesson.
- Your On the Road tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, time, pick-up location and duration of Your lessons.
- You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly with regard to matters affecting Your health and safety.
- Your Instructor’s responsibilities
Your instructor will:
- Provide You with driving tuition at the hourly rate communicated to You;
- Design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical test;
- Provide You with on-road driving lessons which will last two hours or such other duration as You and Your Instructor will agree in advance;
- Provide a presentable, modern, properly maintained and dual controlled START DRIVING-branded car for each lesson;
- Recommend, where appropriate, advanced courses to help You develop Your skills for: motorway driving, eco driving, driving in extreme weather conditions etc;
- Give You relevant feedback during Your lessons and record Your development in the RSA Log Book at the end of each lesson;
- Monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to apply for Your practical driving test and where required, they will advise whether it should be subsequently rescheduled;
- Provide training on a one-to-one basis with no other learner in the car
- Honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of Your lesson;
- At all times conduct themselves in a professional manner including:
Reserve the right to cancel a lesson or finish a lesson early on grounds of road safety;
Not discriminate against You and will always abide by the law;
Endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any circumstances beyond their control;
Endeavour to give You 48 hours notice should a lesson need to be rescheduled;
Respond professionally to any worries or issues that You may have and try to resolve them to Your satisfaction. If appropriate, they will give You the name of the START DRIVING Manager to whom You can refer the matter. If Your Instructor is for whatever reason unable to comply with their obligations to You, both We and Your Instructor reserve the right to arrange for an alternative START DRIVING Instructor to provide You with some or all of Your driving tuition. We will use Our best endeavours to notify You or the alternative instructor who will provide You with Your tuition. If We or Your Instructor are unable to arrange for an alternative Instructor to provide Your driving tuition, or in the event of a mechanical breakdown of the vehicle in which You have been learning to drive, or for any other reason, the Instructor reserves the right to rearrange Your lessons for a time convenient to both You and the Instructor.
Lesson Cancellation Policy
- being courteous and considerate to You
- avoiding physical contact except in an emergency
- not smoking during Your lessons
- estricting mobile phone use to emergencies or for Your benefit;
- You must give Us or Your Instructor at least 48 hours notice (the “Minimum Notice”) if You wish to cancel or rearrange a driving lesson, otherwise You will be liable to pay for 100% of the lesson fee.
- Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice to cancel or rearrange the lesson, it will be counted as lesson taken for the purposes of the lesson cancellation policy and You will be liable for the lesson fee.
- You will not be able to sell or transfer any driving lessons which You have pre-paid for to any third party, without obtaining Our prior consent.
If You are taking On the Road driving lessons, Your START DRIVING 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.
We reserve the right to change the price of all Our learner driver products/lessons (including special offer prices)
You must pay for Your product(s), good(s) or lesson(s) in advance using the following methods:
- payment via credit or debit card by telephoning the START DRIVING Contact Centre on +353 87 2371365.
- payment via credit or debit card online at www.Start Driving.ie
- payment via cheque made payable to Your Instructor’s “agent” - START DRIVING, or made out directly to Your Instructor,
- payment via cash made directly to Your START DRIVING Instructor.
- Where You make any payments directly to Your Instructor or any of Our Instructors and the Instructor fails to pass on such payments to Us, neither We nor the Agent will be liable for any shortfalls in such payments or any missing payments or any other failure on the part of the Instructors to forward such payments on to the Agents or Us and You acknowledge that You will at all times be liable for any payments that remain outstanding to Us.
- Further, You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation to all payments You make to Your Instructor or any of Our Instructors. Where We are able to, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same. Subject to You having sufficient funds, all online payments or payments made by You to the START DRIVING Contact Centre will be shown on Your START DRIVING account. If you pay directly to your Instructor, START DRIVING does not accept any responsibility and these such payments will not be credited or appear on Your START DRIVING account.
- We accept no responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected, tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.
Limitation of Liability
- You are entitled to cancel Your driving lessons at any time giving 48 hrs notice (see clause 6.1). If You have not taken any lesson(s) at the time of cancellation You will be entitled to a full refund of any amounts paid, subject to deduction of the Refund Charge (clause 11.3).
- If You have taken lesson(s) at the time of cancellation You will not be eligible for a refund on any lessons taken.
- If You are entitled to a refund, You will be required to pay an administration charge of €20 to process the refund (the “Refund Charge”). The Refund Charge will be deducted from each refund that is paid back to You.
- Where it is possible to do so, We will refund You using the same method You used to pay for your lessons. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund You by any other method We deem appropriate.
- Gift Vouchers are non-refundable and valid for one year only.
Data Protection Notice
- Neither We, Your Instructor, nor START DRIVING shall be 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 Neither We, Your Instructor, nor START DRIVING shall, 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. You are reminded that neither We nor START DRIVING are parties to the contract for driving tuition itself, which is between You and Your Instructor. This does not affect any liability that We and/or START DRIVING may have for any loss or damage You may incur which is caused directly as a result of any breach (including negligence) by it or them of any legal duty owed by it or them to You. Nothing in these terms and conditions will affect any statutory rights You may have as a consumer.
- We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third party industrial disputes, internal industrial disputes whereWe have taken the reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe weather conditions We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary.
- Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than 30 days’ notice in writing to Our address below.
- Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.
Any personal data you provide will be held securely and in accordance with the Data Protection Act. We will use your personal date for the purpose(s) for which you have provided it. It may also be used for marketing, offering renewals, 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. 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 any 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.
- If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact the START DRIVING Manager by writing to the address below or email info@Start Driving.ie .
- The Customer Care team will use reasonable endeavours to respond to your written query within 2 working days.
Start Driving (START DRIVING), Mount Catherine, Clonlara, Co. Clare, Ireland. info@Start Driving.ie | +353 87 2371365