Terms and Conditions
Your interaction with our websites, those managed by Carcaptain limited and or our Company Carcaptain Ltd. will imply that you have availed yourself of our terms and conditions as depicted below. If you are not in agreement with our terms and conditions/or have any queries please write to our admin staff and highlight any concerns you may have.
Disclaimer.
We are not part of the DVSA or affiliated to the DVSA. Our instructors are DVSA approved. Our professional test checkers use the DVSA driving school Portal to set up theory tests and driving tests. Further information: READ HERE.
Outside Contractors and Service providers.
We accept that if you contract with us as a service provider you have read these terms and conditions (and in as far as they relate to you) and that unless otherwise stated have accepted them and are contracted into them.
Carcaptain also records calls from time to time of those entities who offer/provide us with goods or services. Entities that provide us with services agree that these calls may be referred to in cases of disputes or differences of opinion and are sub missable by law.
Carcaptain does not record all these conversations and may only have records of some of them.
Outside contractors or service providers may request copies of the recorded conversations if they exist.
Please ensure you read the full terms and conditions as published here so that you may avail yourself of those that relate to you as contractor or service provider.
Your Privacy is very important to Carcaptain.
Your privacy is very important to us. We have a strict policy with regard to any information that we hold concerning our users, clients and instructors. Further, we have various methods of collecting email addresses of interested parties to our services. If you have provided us with your email address we undertake concerning data protection, we will not disclose your email address or any personal information to any third parties. You must also be aware that if you have provided us with your email address on any of our websites, or directly to our client manages, we will send you mail shots regarding our products and services. You are welcome to unsubscribe or notify the company if you do not wish to receive this information or be on our mailing lists. You may contact our office to unsubscribe or simply do that from any of the emails that we have sent you as part of a bulk mailing.
Solving Problems for you. (Complaints Procedure)
Please do not shirk from contacting us if you have anything that we can help with. We will not ignore you and it is important to us at Carcaptain to resolve any difficulties you may be facing where we can be of service. We will listen, read, think and help where we can. We have a specific email address that is monitored to deal with complaints. You can use our contact form or write to “complaints at carcaptain dot co dot uk“.
General Terms and Conditions
On agreeing to take driving lessons from CarCaptain and/or purchasing our services or products and/or contracting to provide us with goods or services, you agree to our Terms and Conditions. CarCaptain reserves the right to alter or amend the Terms and Conditions, fees and requirements. It is your responsibility to clarify any points that are vague or not understandable to you.
When you book driving lessons, PASS guaranteed courses, intensive driving courses, automatic intensive driving courses, Guaranteed PASS automatic intensive driving courses, driving test cancellation booking services, driving test booking services and or any other services offered by Carcaptain, you enter into an agreement and appoint Carcaptain to act as your agent with immediate effect. You agree to; receive driving lessons from an instructor franchised to us or pre-approved by Carcaptain, us making arrangements for evaluation lessons, us booking theory tests on your behalf as and when required, our booking and cancelling practical driving tests as and when required and or provide you with other services. On instructing Carcaptain you agree to our terms and conditions and accept them in full as published from time to time on our website.
Driving lesson fees are payable in advance, at the latest on the day before the lesson. All intensive driving courses, PASS guaranteed courses, guaranteed PASS courses, ‘crash courses’, assessment and evaluation lessons and/ or intensive lessons have to be paid in advance. Test Booking fees, for theory tests and practical driving tests, need to be paid in advance. If Carcaptain elects to make these payments on behalf of the student before having received any funds the student needs to effect payment within 24 hours of the said booking. The DVSA test fees will be charged at the rates imposed on Carcaptain and the student agrees to reimburse Carcaptain accordingly.
All evaluation lessons, assessments and test fees and or test arrangements are to be paid for in full at least 24 hours in advance of the actual date/test date. CarCaptain reserves the right to cancel any tests/services that have not been paid for fully in advance. The client will be liable for any and all such costs that have been incurred and not paid by the client timeously. Once the client has accepted a booking, be that theory or driving test lessons or evaluation and assessment lessons, the client is liable for all fees and costs associated with such booking and work done on behalf of the client. Furthermore, the client will be liable for all costs incurred in recovering the debt so incurred by the client. The client accepts that invoices/monies due may be adjusted in accordance with DSA test fee changes. Changes in money due may alter as a result of Saturday or after hours test bookings on behalf of the client.
We will not disclose or use any information provided to us to any third parties. When a student provides us with the necessary information that is needed to make bookings on their behalf the student accepts that we need to disclose this information to the Driving Standards Agency (DSA) and the relative authorities to enable us to act as the agent for the student. The student acknowledges and accepts that we may use our address and details on behalf of the student. The student accepts that our appointment as agent authorises us to act as the full legal representative of the student as far as the DSA and DVLA are concerned. The student also agrees and fully authorises us that we have the right to book tests, (theory and or practical driving tests) cancel tests and move tests on behalf of the student at our sole discretion.
If a guardian, parent, partner, brother or sister provides us with information in regard to a student, instructs us or makes payment on behalf of a student they agree to be jointly and severally liable, and accept these terms and conditions as applicable to themselves and the student. Instructions given by guardians, parents, partners or direct associates, concur that they have the necessary authority to act on behalf of the student and incur liability and acceptance of our terms and conditions upon themselves and the student.
We do record telephone conversations from time to time for training and contractual referral purposes. Because it is of paramount importance for us to work under the instructions as given to us by our clients it becomes necessary to record the telephone conversations between the client and the operator. Carcaptain also records calls from time to time of those entities who provide us with goods or services. Not all our calls are recorded but the operator will not necessarily inform you, the client if he or she records the call. Please be aware that we may if necessary produce such recorded calls in case of queries or for contractual matters. By not opting out of having the calls recorded, informing the operator that on each specific occasion that you do not wish to have the call recorded, you the client, therefore, agree that calls may be recorded and may be referred to for contractual purposes by Carcaptain if necessary. The client may request in writing if he/she requires copies of such recordings, should they exist. CarCaptain by inference does not undertake to record all or any specific discussions between the client and Carcaptain.
Not all our calls are recorded but the operator will not necessarily inform you, the client if he or she records the call. Please be aware that we may if necessary produce such recorded calls in case of queries or for contractual matters. By not opting out of having the calls recorded, informing the operator that on each specific occasion that you do not wish to have the call recorded, you the client, therefore, agree that calls may be recorded and may be referred to for contractual purposes by Carcaptain if necessary. The client may request in writing if he/she requires copies of such recordings, should they exist. CarCaptain by inference does not undertake to record all or any specific discussions between the client and Carcaptain.
CarCaptain by inference does not undertake to record all or any specific discussions between the client and Carcaptain.
Any extraneous or external costs incurred by/on your account are payable by you. These extraneous costs may include DVSA theory test fees, practical driving test fees, insurance costs, finance and or credit and debit card charges, bank charges, test booking costs, test cover charges and administration charges this list is not exhaustive but is only by way of example.
We cannot be held responsible for advance payments made by you to your instructor or payments made regarding an offer or tariff which does not appear on our site. We strongly suggest that you make any advance payments to CarCaptain directly.
Where we accept work from instructing agents outside our organisation, the client and instructing agent are jointly and severally liable for the associated fees and costs. The instructing agent and client agree; (1) to abide by our terms, conditions and fee structures, (2) our terms, conditions and fees take precedent over any and all other terms, conditions and fee structures privately agreed between the client and his instructing agent.
A clear two working days notice is required for cancellation of a lesson or lessons. If the required notice is not provided, you will be held liable for the said lessons, cancelled or not attended without the prerequisite notice. If you cancel a pre-paid driving lesson without the required notice, your account will be debited with the cancelled lesson fees. Instructors have to book space in their Diary for your lessons AND you are employing a professional driving consultant for the time set aside.
A cancellation fee of 7% and any costs that have been incurred in the form of bookings and administration fees is payable on all intensive Courses cancelled after booking the same. The cancellation invoice will reflect the fees incurred in as far as bookings and administration fees that have been incurred by the work done for the client and a further 7% of the cost of the cancelled course.
All deposits paid fees and refunds will be subject to bank charges and the associated charged fees. We accept payment by Pay Pal, Google Wallet, Debit and credit cards, telephone payment and direct bank transfer (on request). We will make every endeavour to highlight the appropriate applicable charges and inform the client thereof when they make purchases through our systems. It is the client’s responsibility to request information in regard thereto if they are not clear as to the charges in relation thereto.
If a block booking is cancelled a cancellation fee of 7% is payable on the value of the Lessons paid for under the block booking and not on the discounted value of the Block booking. If any of the lessons that fall within the block booking have been completed they are charged at the original fee rate and not at the reduced rate average of the block booking.
Refunds are processed over a period of 30 days. On cancellation, we need to verify with the various departments and instructor/s what services were used by the client and what amounts are due to expenses incurred by the actions of the client. Cancellations are to be requested in writing and the matter is then referred to Carcaptain’s accounts department for reconciliation.
The Instructor’s reserve the discretion to enforce, waive or amend the cancellation charges and fees.
All clients, students, and instructing agents agree unconditionally that on default of any payment due in terms of CarCaptain’s ‘Terms and Conditions’, they will carry and be liable for all administrative and legal costs for the recovery of outstanding debts.
If a client or student incurs any erroneous costs or additional charges that require additional engagement and work by the staff and instructors of Carcaptain or due to false or unfounded allegations that require engagement and administration time by CarCaptain staff and instructors they (student/client) agree to pay any and all time, administration and costs (internal and external) associated with such actions. You, the student/client, further agree that any and all costs associated with the administration and recovery of all fees so incurred for tuition and administration are for your account and that this includes any and all costs associated with the recovery of any fees due. Carcaptain undertakes to notify the student/client and keep a proper record of such costs incurred on behalf of the client/student.
The student agrees that Carcaptain may publish any photographs or videos that have been taken by Carcaptain or its instructors. These photographs and videos become the exclusive possession of Carcaptain. The photographs and videos so captured will be used for promotional and internet purposes only. Carcaptain will not be restricted in its discretion as to how these videos and/or photo-graphical material is used. If the student does not wish to have this material used he is to contact Carcaptain in writing to discuss the situation timeously.
Once a practical driving test or theory test has been locked in and confirmed by the Student the student is liable for all the costs relating to the practical/theory driving test. A practical driving test cannot be cancelled without incurring costs unless there are three clear working days leading up to the driving test. Carcaptain undertakes to do everything within its ability to assist the student in completing his driving course and hours required leading up to the test. Carcaptain cannot be held responsible for the mechanical breakdown of the instructor’s car nor natural occurrences that may be assigned in legal terms to force majeure during the tuition period leading up to the test.
Test Booking Services
Carcaptain will do everything in its power to arrange tests (Theory and practical driving tests) according to the student’s requirements. If Carcaptain has successfully booked 5 (five) or more tests according to the student’s requirements, under the same cycle, then it will be deemed by the parties that Carcaptain has executed its responsibility under the contract. This is subject to the student having successfully communicated any changes to the driving tests at least three working days in advance of the practical driving test in each instance. Any further changes to driving test bookings within the highly changed cycle will be subject to a £20 (twenty pounds) charge per further booking. If a student, in course or on booking services has accepted and confirmed a test booking, and then wishes to change the booking then a further £20.00 will be applicable, provide this is not within the 3 Day mandatory cancellation period limit. If a student has been offered a driving test which falls within their specifications, as provided to Carcaptain, and they then cancel the service or course, they will be held liable for the full costs.
Driving Test Attendance – Onus on the Instructor
When a student is scheduled for a driving test. The student agrees that in all circumstances, the instructor has the exclusive right to withhold his car for the driving test if he deems the student will endanger himself or the vehicle and/or the examiner in question. The driving instructor engaged by the student, through Carcaptain, will make every attempt to notify the student, of his possible intention that he may withhold his car for the driving test booked. The onus as to whether the driving test goes ahead in the instructor’s car is solely at the discretion of the instructor presenting the student for the said driving test. Provided there is sufficient time when notified by the instructor that he/she may make an impending withholding decision, the student may make an appeal for an evaluation to the administrative staff of Carcaptain Ltd. Unfortunately, this is not always possible if it is too short notice prior to the driving test. The onus as to whether the driving test goes ahead or not in the instructor’s car is subject to the instructor agreeing to provide his car to be used by the student for the test. The instructor may withhold his car at any time prior to the driving test and/or may terminate the test at his discretion if he is present in the car during the driving test.
If the student is in any doubt as to whether the instructor will allow him to use the car for the said driving test, the responsibility for avoidance of doubt falls on the student. The student must approach and get clearance from the instructor for the use of his car for the driving test booked.
If any questions arise as to the possible withholding of the car for the driving test the student must immediately contact Carcaptain’s administrative staff to clarify any misconceptions which may arise from such situations. This does not deter from the decision right of the instructor to withhold his car for a driving test or terminate a driving test if he so deems fit.
If the instructor is in any doubt as to whether the driving test should proceed in his car or not he may ask the student to be present during the driving test. If the student refuses the instructor’s presence during the driving test the instructor may under these circumstances refuse the use of his car for the said driving test.
Confirmed Test booking Cancellation procedures
In cases where a student has confirmed and accepted a practical driving test or theory test and he/she wishes to then cancel or change the test date, the following terms are applicable. The student must effect the change 3 (three) clear working days before the test date to avoid liability. Working days for purposes of this definition will not include public holidays or Saturdays and Sundays. Changing or cancelling a test which has been previously confirmed requires email or text message (in writing) confirmation from a Carcaptain client manager. The onus is on the student to make sure that the test cancellation or change is confirmed back by the Carcaptain Team in writing. If the student has not had this confirmation then the student can still be held liable for late cancellation and will need to carry the costs so incurred.
Notices
For the purposes of serving notice, the address given for correspondence will be deemed as the serving address for all notices in regard to the recovery of fees and costs. If any client or entity wishes to use an alternative address or amend his address, he is to serve written notice on CarCaptain at Queens Lodge, ( Link to full address as depicted on the Contact Page) for such change.
It is agreed that Mobile phone Communication in the form of text messages will be deemed contractual and can be awarded the same value as any other form of written communication.
Replacing the Instructor
You may alter or replace your Instructor within CarCaptain without incurring any penalty provided we have an alternate instructor working your area. Alternatively, you may elect to travel to meet an instructor for a lesson/lessons to accommodate your learning experience.
Free Evaluation Lessons
Please note that Free evaluation lessons and Free Test bookings are subject to you having signed up for a full course with ourselves. If you elect not to take a Guaranteed Pass course or intensive course with ourselves then we have the right to charge you for any services offered or given. Free lessons, evaluation lessons, tests or bookings are at the sole discretion of the management of Carcaptain. Our invoices and documentary communication will clearly reflect services that are to be paid for and those that are free. Please clarify these points with our administration if you are unclear about any of this.
Guaranteed Pass
We cannot guarantee a driving test pass under our normal terms and conditions for the intensive driving courses but we do offer a Guaranteed PASS course on a special contract by contract basis for the individual after a full evaluation. We may on request after we have done a full evaluation, offer the client a guaranteed pass course, subject to the contractual terms and conditions entered into, at a set price per individual. The terms of the Guaranteed pass course will be agreed on an individual basis and be mutually signed by the client and Carcaptain. Under these circumstances, a separate contract will be drawn up for this purpose. Where there are conflicts in the terms and conditions between these “general terms and conditions” and the “terms and conditions as per the designated Guaranteed pass contract “, (if you the student have entered into a Guaranteed Pass contract with Carcaptain) then the Guaranteed pass contract terms and conditions will take precedence over these general terms and conditions.
Intensive Driving courses Hours
The number of hours for the courses as mentioned on our pages are recommendations only and should be used as guidelines for students to determine the extent and length of the course they require. The number of hours recommended are for the average student and have been determined from past experience and careful consideration of industry averages. The courses are not a Guaranteed Pass course. We will do everything in our power for the student to be enabled to attend and sit his agreed driving test. If you require a Guaranteed pass course please contact our offices to make the necessary arrangements.
Test Liability Cover
The terms and conditions relating to our practical driving test cover charge when levied take precedence over this clause. In the alternative, we cannot be held responsible for mechanical failure of the vehicle prior to or during the driving lesson or driving test. We will endeavour to provide continuous tuition but cannot guarantee a similar vehicle or the same instructor.
Our instructors are registered with the DVSA. If you encounter problems with any of our instructors we undertake to look into the matter and if it is necessary and possible to do so, we will provide you with an alternate instructor.
Our tuition cars are smoke free, dual controlled vehicles properly registered and licensed.
All alternative contractual terms and conditions must be confirmed in writing between the parties.
Link to Carcaptain Learner Driver Insurance Gift Voucher terms and conditions. (CCIGV)
Link to Carcaptain explanation of the driving test cover charge, terms and conditions.
Carcaptain is not part of the DVSA nor is it affiliated to the DVSA. The instructors that work for Carcaptain are registered as Approved Driving Instructors (ADI) by the DVSA and are subject to check tests and DBS / CRB checks as required by the DVSA from time to time.
Definitions and clarifications:
All reference to “Carcaptain”, “we”, “us”, “our” means “Carcaptain Limited Trading as CarCaptain or Carcaptain driving schools”. Company Registration no: 7402502 : ~ UK. Also UK VAT Registered.
All reference to “Franchise instructor” means “a self-employed driving instructor driving under the CarCaptain logo or pre-approved instructors who act for us from time to time”.
All reference to “instructors”, “instructor”, “driving instructor”, “driving instructors” means CarCaptain’s franchise driving instructors or instructors pre-approved by CarCaptain.
All reference to “instructing agents” means any and all external organisations who pass students and clients on to CarCaptain.
All reference to “you”, “your” means “you”.
All references to the male gender include the female gender and vice versa.
All reference to the singular refers to the plural, male gender includes the female gender or vice versa.
All reference to “student”, “client” refers to the learner driver or person who is in the process of learning to drive or the guardian, parent or authorised representative acting on behalf of the student.
All references to “agent”, refers to Carcaptain and its employees acting on behalf of the client as full contractual representative, deputy, broker and including but not limited to the definition as attributed to “agent” in law.
All references to “DSA” refers to the “Driving Standards Agency”. The DSA is now referred to as the DVSA. All references to the DSA will include the DVSA. (as per the DSA website “The Driving Standards Agency (DSA) is one of the executive agencies that forms part of the Motoring and Freight Services group, within the Department for Transport (DfT).”
All references to “DVLA” refers to “Driver and Vehicle Licensing Agency” and is one of the executive agencies that forms part of the Motoring and Freight Services group, within the Department for Transport (DfT).
All references to Carcaptain terms and conditions, Carcaptain T and C’s, Carcaptain T&C, Carcaptain T&Cs or any and all commercial terms and conditions which relate to transactions between, clients, students, instructors, and outside providers and service agents are governed strictly in accordance with our standard terms and conditions depicted on this page.
We assume that if you interact with Carcaptain directly by telephone, text message, online forms, emails, or by any recognised form of communication, we accept that you have read and understood these terms and conditions ( Carcaptain T&Cs ). By interacting with Carcaptain you accept these terms and conditions ( Carcaptain T&C ) as the primary terms and conditions of the commercial agreements between you and Carcaptain unless otherwise agreed in writing.
These terms and conditions take precedence over any and all terms and conditions between Carcaptain and all interacting third parties unless otherwise agreed in writing. Alternative terms and conditions are only acceptable if explicitly nominated, in writing, to take precedence over these terms and conditions ( Carcaptain T&Cs ).
Please feel free to mention, or write to us if you are not in agreement with anything in our terms and conditions ( Carcaptain T&Cs ) as displayed and agreed to on this page.