Terms And Conditions

COURSE BOOKING:

1.
The course will be provisionally booked to start on the date you selected whilst making your initial booking and this provisional booking information will be emailed to you within 5 working days of your course purchase from My5day.com (Amberstone Associates Limited) (the company) and may be cancelled within 14 working days from the date of booking in writing by submitting your complaint online at www.my5day.com/complaints

When booking a course, you can contact us directly to check current course availability in your area by calling the office team on 0117 011 4367.

If the date you selected at the time of purchase is not available, then an alternative course date will be arranged for you.

Please allow a minimum of 4 weeks’ notice when booking a course prior to the desired commencement date.

In any event this notice must arrive before the course start date. Letters may only be received during office hours which are Monday to Friday 9am to 5pm. If you are booking a course to commence within 14 working days from the time of booking (e.g., short notice booking) my5day.com must have your agreement to commence making your course arrangements as this will mean your normal 14 working day cancellation right will not apply.

1A.
After the period in 1 above you cannot move or cancel the course and or any associated accommodation without full loss of fee, except where this has been discussed and agreed by our booking team due to unforeseen circumstances with a confirmation email from admin@my5day.com

ACCOMMODATION: If requested, my5day.com will book the local Travelodge or similar as deemed appropriate by the company. my5day.com will be held responsible for any errors made when booking the actual accommodation if requested by a pupil however they cannot be held responsible for any complaint arising with the accommodation facilities and their services. Please note that additional charges will apply for this service.

Early Course Termination:  It may be necessary for your Driving Instructor to terminate your Intensive Driving course for safety reasons or because of the conduct of the pupil on the course which can include their behavioural approach to the learning process or attitude towards the Driving Instructor and/or other road users.  Although such instance our extremely rare in such circumstances the remainder of the course hours will be lost without a refund being offered or available.

Our Driving Instructors

1. All My5day.Com driving instructors (the “Instructor”) are self-employed driving instructors or in rare case employees of the business. My5day.Com is the trading name of Amberstone Associates Limited Registered in England and Wales No: 7158472
2. My5day.com acts as agent of the Driving Instructor in making any bookings, supplying any bookings, and processing any payments on behalf of the Driving Instructor and accordingly, you agree and acknowledge that My5day.Com has and will have no liability to you in respect of any matter which is subject to the contract between you and the Instructor including but not limited to your satisfaction with the performance of the Instructor or your success at driving.
3. No variation of these Conditions shall apply unless confirmed in writing by or on behalf of My5day.com.
4. The contract for Driving lessons or an Intensive Course is between you and the Driving Instructor once they are allocated to your course.
5. My5day.com is purely an agent acting as a 3^rdparty.  We will attempt to arrange a Driving Instructor by using the DVSA “Find a Driving Instructor” service that will take your booking.  We also use our own network of approved Driving Instructor associates and franchisee Driving Instructors to fulfil your booking requirements.

DELIVERY: (A my5day.com course is typically held over five or seven days typically between the hours show below)

Course A – Monday to Thursday 9.00am – 6.00pm and Friday 9.00am – 5.00pm*

Course B – Monday to Thursday 11.00am to 7.00pm and Friday 2.30pm* – 7.00pm

(*times and days may vary due to driving test cover; Driving Instructor availability and your course can be extended for retraining subject to pupil’s theory test results.  Your driving instructor will provide you with your course timetable prior to your driving lessons)

Each course includes one to one car tuition with a DVSA car instructor and online app-based theory training.

The course will start and finish at a convenient pickup and drop off location which is typically your home address or an alternative address you have supplied if this is mutually convenient for the pupil and your allocated Driving Instructor. The pupil is responsible in ensuring that they are in attendance and on time each day. If at any time the pupil elects to finish the course early, arrive late, or not attend as arranged, no proportion of payment made for the course will be refunded, nor will any hours be given in lieu of those hours missed. my5day.com shall have the right to use or substitute any DVSA instructor and or vehicle for the purpose of giving all or some of the tuition for the practical course week for whatever reason.

The pupil agrees that he/she is duly licensed to drive the tuition vehicle and can read a number plate at a distance of 20.5 metres with or without aided vision. my5day.com shall have liability to the pupil under this agreement in respect of any injury, loss or damage arising from the use of the tuition vehicle if there is found to be negligence regarding the contracted instructors’ vehicle not meeting required safety and maintenance requirements.

The pupil agrees that the in car tuition will be conducted by a DVSA ADI Approved Driving Instructor or DVSA PDI Potential Driving Instructor.  Both ADI’s and PDI’s hold the relevant DVSA license to teach you and have been DBS checked for your safety. When an ADI is not available in you area then a trainee instructor may be substituted.

https://www.gov.uk/government/publications/whats-involved-in-being-a-driving-instructor/approved-driving-instructor-adi-register-guide

For the avoidance of any doubt a days practical training will consist of a minimum of 4 hours with additional refreshment breaks added as deemed appropriate by the allocated Driving Instructor.

TRAINING: Training for both the theory and practical syllabus is delivered by Driving & Vehicle Standards Agency (DVSA) approved instructors who teach by the DVSA guidelines. The my5day.com course is designed to give an average pupil an overall grounding on all the topics of the DVSA learning to drive syllabus and to help a pupil achieve if possible DVSA test standard by the end of the 5 or 7 Days.

There is no guarantee implied written or otherwise that a pupil will get to the required standard to be able to pass a driving test as achieving this standard is entirely down to the pupil’s ability. For the avoidance of doubt the standard required is level 5 as published on the Driving & Vehicle Standards Agency website and the Agency’s Drivers Record. In the case of non-achievement further training options include lessons from a DVSA approved instructor or private practice until such time that the required standard is achieved. my5day.com are not responsible for any further lessons agreed between the pupil and a my5day.com instructor, payment for such lessons are entirely the responsibility of the pupil and the instructor.

THEORY TEST: The course will include a pre booked official DVSA Theory Test where stated within the individual course descriptions and will be booked for a convenient test centre if this is required by the pupil. The date and time of this test will be given to you on email typically within 24 hours of you supplying the necessary booking information and driving licence details to the office. You are expected to abide by the terms and conditions of this test found at www.dvsa.gov.uk. You are required by the DVSA to take along your UK Provisional Driving Licence plastic card when attending for this test.

FREE THEORY RE-TRAINING: Retraining is free to all and takes place at the my5day.com online portal or via another dedicated platform. You may use the supplied app for unlimited number of days.

DRIVING TEST: A driving test is not supplied on course A or B or any of our other courses unless stated within the individual course package options, as application for such can only be made once a theory pass is obtained. If requested to do so, my5day.com will fast track a driving test to be up to 75% sooner than the national waiting list. The DVSA do not supply a car for a driving test, however pupils may hire the school car for the test. The hire car is supplied without charge subject to availability on the 1st test booked, and every effort is made to supply the car that was used for training. There is no money back equivalent if the car is not used, unavailable due to circumstances beyond our reasonable control or not required for the 1st test. If the first booked test is subsequently cancelled by the DVSA for whatever reason and my5day.com do not have at least 7 working days’ notice of this cancellation the free car hire will expire. In line with the industry norm, we may refuse the use of the hire car where we feel that the driver poses a risk to the public and/or the hire car. In this event, where possible, we will give the driver enough notice so that he/she can either hire an alternative car or cancel the test without loss of fee.  In the unlikely circumstance where the company is unable to supply a tuition car or Driving Instructor for a driving test then the full Driving Test fee paid will be refunded. No refund will be offered for unused test coverage hours. If a suitable driving test cannot be allocated due to local availability issues then a holding test date will be issued allowing the pupil and the booking team to search for a more suitable test date in the desired test centre. Where a test date cannot be agreed or supplied then a test fee refund will be issued if this has been paid for in advance or paid at the time of booking.  There is no money back equivalent for a free driving test and any discounted driving test will be refunded at the rate paid by the pupil.

START DATES AND DEPOSIT REFUNDS: All deposits made online are non-refundable, as when we receive the booking, we are already carrying out work to allocate a driving instructor, which includes tuition and car hire for your lessons and driving test ( as per reg. 28 of the Consumer Contracts Regulations 2013). Should we fail to allocate you to a driving instructor before your estimated course date, you will be informed, and an alternative course date will be made available to you.  In such instance where a course has been paid in full at the time of purchase, £399 of your payment will be deemed to be your initial non-refundable deposit.

PRACTICAL DRIVING TEST BOOKING:

Once you have successfully completed your in car driving lesson element of your course, you will be assessed by the MY5DAY training team who will provide you with feedback on your current level of driving ability which will also detail areas where improvement is needed in order to reach a safe and satisfactory standard of driving with a realistic prospect of passing your driving test as deemed by the MY5DAY training team.

If you have reached this standard then you will be invited by us by email to book your driving test and your driving instructor will be informed of the test arrangements.

If you do not reach the standard required then you will be offered advice and support aimed to help you achieve the standard required. This may include a request to undertake additional lessons at additional cost subject to instructor availability.

Our Driving Instructors cannot take you to a driving test until you have reached the standard stated above. If you have not reached the standard stated above then your test fee may be refunded at the appropriate rate.

MENTORING RETEST PROGRAMME: Should the pupil fail the driving test at the first or any successive attempts after completion of the my5day.com course the pupil can enrol onto the retraining programme by submitting the Driving Test Report form (DL25) given to him/her after their driving test to admin@my5day.com. The pupil must do this within 7 days of failing. Free remedial help to correct the errors identified as serious or dangerous by the examiner and as marked on the DL25 will be offered from the training team or you will be supported by our online training team, until either the pupil is happy to reapply for another test and / or the Mentoring instructor is satisfied that sufficient progress has been made or the pupil has had sufficient corrective training to address any driving faults. To avail yourself of this offer you must have attended the course in full. All retraining is at the discretion of the company and subject to availability.

OFFERS: From time-to-time my5day.com may have special offers to promote its courses and the terms and conditions of these offers/ promotions will be published on the company’s web site

5- AND 7-DAY COURSES:  If a theory test is booked with the selected course, then we try where possible to complete this element with a Theory test passed prior to the start of the practical driving course.  However, if this is not possible due to Theory test availability then you may be supplied with additional practical lessons prior to your practical driving test as deemed appropriate by the MY5DAY office manager.

Our 5- and 7-Day courses typically have the opportunity to arrange a Practical Driving Test shortly after completing the practical in car training element of the course.  However, on some occasions this may not be possible, and it is therefore not guaranteed.  In this circumstance your course will still go ahead as communicated to you and your Practical Driving Test will take place post course with additional free training given to support your preparation at the discretion of My5day.com.

7 Day Courses – Due to the longer course duration it may be necessary to complete the first 5 days of the course and then to complete the remaining two course days on an alternative date to avoid Driving Instructor and pupil burnout and to ensure the lessons are productive.  Your allocated Driving Instructor will make any arrangements in respect of these timings with you directly.  It is not recommended to complete 7 days of driving consecutively.

DATA PROTECTION: my5day.com uses the DVSA business booking service to book your tests. Guidelines of this service can be found here https://www.gov.uk/government/publications/dvsadriving-test-booking-service-data-protection/dvsa-driving-test-booking-service-data-protection#who-controls-your-data.

Liability

1. My5day.com checks the qualifications of all its instructors but shall otherwise have no liability to you for the performance of the Instructor and your satisfaction with the driving lessons provided by the Instructor.
2. Except in respect of death or personal injury caused by My5day.com’s negligence, or as expressly provided in these Conditions, My5day.com shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of My5day.com, its employees or agents or otherwise) which arise out of or in connection with these Conditions.
3. Nothing in these Conditions will affect any statutory rights you may have as a consumer.

COMPLAINTS PROCEDURE: In the event of any complaint about the services offered by my5day.com or their instructors, you must in the first instance report this to the office team by submitting an online complaints form https://my5day.com/complaints.  Please allow up to 30 days for a response whilst your complaint is investigated.

The procedure is to record complaints in writing at the time and to deal with issues immediately. We must be given every opportunity to deal with a complaint whilst you are with us on the course. It becomes more difficult to collate information concerning a complaint after the event or if you have left the course without telling us. We will be happy to talk to parents or other third parties about your progress on the course but please note because of Data Protection we are not able to do this without your express written permission. These terms shall not limit the company’s liability resulting from its negligence nor shall they affect any statutory rights, which you may have as a consumer.

Driving Instructor Conduct:  We would expect all of the Driving Instructors to act in an appropriate manner at all times and to teach to a satisfactory standard.  Where you feel this hasn’t been the case, we would encourage you in the first instance to report your Driving Instructor using the online complaints form at www.my5day.com/complaints. We are provided with the opportunity to assist you as a 3^rd party to help resolve your complaint.

You are also able to report a Driving Instructor directly to the DVSA by using the link below.

https://www.gov.uk/complain-about-a-driving-instructor

Rescheduling:  It may be necessary from time to time for us to reschedule your course, part of your course or to move a Theory or Practical Driving Test due to Driving Instructor availability or due to situations that are beyond our reasonable control.

In the unlikely event that this is necessary you will be informed by email of the changes and will be asked to choose from a selection of alternative dates to enable us to reschedule your course and/or your Theory or Practical test. We aim to supply you with as much notice as possible when rescheduling a course although this is not always possible due to operational reasons.  In cases where a Driving Instructor is unavailable you may be offered a new course date at an alternative location within a reasonable travelling distance as deemed by the company.  In any such instance when a Driving Instructor cannot be rearranged, or an alternative driving instructor found then your course can be placed on hold until new course arrangements can be made with an alternative instructor in your area or within a reasonable radius of your home address as deemed by the company although such instances are rare.

This is a rarity as we do have many Driving Instructors within our team so any inconvenience will be minimised where it is possible for us to do so.

Once alternative dates are supplied the pupil is required to select one of the available options or this may result in full loss of the course fee and the course therefore cancelled.  Once alternative dates are issued by email the pupil must confirm their choices by email reply within the next 5 working days or the course fee will be lost, and the course cancelled.

From time to time it may be necessary to reschedule a course on multiple occasions due to operational restrictions or driving instructor availability.  By making your booking you accept that although unlikely this may be the case and therefore accept that your course will need to be completed on one of the supplied alternative dates given to you but the My5day team.

Any course not completed within a period of 12 months from the date of purchase will be fully refunded minus deductions for any tests or administrative charges such as non-refundable deposits but only in cases where a Driving Instructor was not made available for completion of the course within 12 months from the date of purchase.

All course dates, Theory test and Practical Driving Tests are booked on a provisional basis at the time of booking and are subject to change by the company if deemed necessary for business purposes.  The pupil accepts at the time of booking that this may be necessary by the company. It is advisable not to book time off work until such time that you have spoken to you allocated driving instructor.

All courses must be completed within 12 months from the date of purchase, or the full course fee will be lost, and the course cancelled.

Please note that all calls made to or by my5day.com staff may be recorded for training purposes.

All legal disputes related to card processing are handled under UK Law