TERMS & CONDITIONS

 

 

If you book or request a driving lesson with Big Toot Driving School Limited ("us", "we", "our"), the following agreement applies.

 

1. Acceptance

1.1. By booking or requesting a driving lesson from us (whether using our website or via other means), you are deemed to have read and accepted the terms and conditions under this agreement.

1.2. These terms and conditions are intended to be agreed to by people 18 years of age or older. If you are younger than 18 years of age, your parent or guardian will be required to agree to these terms and conditions on your behalf.

1.3. Your booking or requested lesson will only be confirmed when we provide you with an email or other written notice confirming your booking.

1.4. To avoid doubt, if we do not confirm your booking in writing, then we will not be required (and will not be liable for any failure) to provide you with any lesson or service under this agreement. 

 

2. Payment

2.1. Once your booking has been confirmed by us, you must pay us, prior to the lesson, the lesson fee for the appropriate lesson. 

2.2. The lesson fee will be displayed on our website, and may change from time to time at our absolute discretion. 

2.3. If you fail or refuse to pay us the lesson fee in accordance with these terms and conditions, then we will not be required (and will not be liable for any failure) to provide you with any lesson or service under this agreement. 

2.4. The lesson fee must be paid to us via bank transfer or by credit card or in cash, or as otherwise stated on our website (which may change from time to time at our absolute discretion). 

2.5. Our bank account details will be communicated to you in writing, or otherwise displayed on the website. 

 

3. Lessons 

3.1. Provided that we have confirmed your booking in writing and you have paid us the lesson fee in accordance with these terms and conditions, then we will provide you with the lesson.

3.2. The type and particulars of the lessons will be displayed on our website, and may change from time to time at our absolute discretion. 

3.3. Unless otherwise stated on our website - 

a) A standard lesson will be for up to one hour; and 

b) A refresher lesson will be for up to 30 minutes. 

3.4. Unless otherwise stated on our website, all lessons will include a pre-drive check, post-drive debrief and (if requested) an assessment report. 

3.5. While we will do our best to provide you with a lesson that is of a reasonable standard, you understand and accept that you must not rely on, and, to the extent not prohibited by law, our liability will be absolutely excluded for, any representations, promises, warranties or statements provided by us on the quality or nature of, or the results that may arise from, the lesson or services under this agreement. 

 

4. Your obligations 

4.1. Under this agreement, you agree to do the following: 

a) Supply a standard motor vehicle or a class MA, MB or MC passenger vehicle to the lesson, and the vehicle must be - 

i) legally compliant, including but not limited to displaying a current Warrant of Fitness and Motor Vehicle Licence (registration) and/or RUC (road user charge) label (if applicable); 

ii) safe (as determined by us at our absolute discretion); 

iii) clean and hygienic (as determined by us at our absolute discretion); 

b) Be legally permitted to drive in New Zealand, and provide to us for inspection a valid and appropriate New Zealand driving license or equivalent overseas driver license; 

c) Operate the vehicle in accordance with New Zealand road law, regulations and bylaws; 

d) Have a minimum of a New Zealand learners license, or otherwise have a valid overseas driving license. 

e) If you are on a learner license, display learner plates on the vehicle in accordance with New Zealand legal requirements (including NZTA regulations); 

f) Immediately prior, during and immediately after the lesson, follow our reasonable instruction in relation to the vehicle, lesson and/or safe operation of the vehicle; and 

g) Prior to the lesson, provide us with a correct and current contact number (landline or mobile) to enable us to contact you regarding your lesson and these terms and conditions. 

4.2. During your lesson, you agree to not do the following: 

a) operate the vehicle in an unsafe, dangerous or reckless manner (as determined by us at our absolute discretion); 

b) carry in the vehicle any pets, children or any other person (excluding our tutor), unless as otherwise agreed by us;

c) smoke cigarettes or otherwise use any device that converts liquid into vapour for inhalation (commonly called a vaporiser); 

d) Use your mobile phone or other similar device while driving; 

e) Be under the influence of alcohol or drugs that may impair your safe operation of the vehicle (as determined by us at our absolute discretion); and 

f) exhibit threatening, aggressive or abusive behaviour to us or any of our tutors (as determined by us at our absolute discretion) 

 

5. Cancellation 

5.1. In the event that any of the following occurs: 

a) you are late for your lesson by more than 10 minutes; or 

b) you breach or fail to comply with any of your obligations under this agreement (including, without limitation, your obligations under clause 4), 

then we are entitled to cancel the lesson and/or terminate this agreement with immediate effect with verbal or written notice. If the lesson is cancelled and/or agreement is terminated in accordance with this sub-clause, then we will not be liable to provide you with (or finish providing you with) the lesson or any services under this agreement, and you agree that any lesson fee paid by you will be forfeited and not be refundable to you. 

5.2. You may cancel the lesson for any reason with 24 hours written notice prior to the lesson. If the lesson is cancelled in accordance with this sub-clause, then we will either refund you any lesson fee paid or (with your consent) re-book the lesson for another date. 

5.3. To avoid doubt, if you cancel (or attempt to cancel) the lesson with less than 24 hours written notice, then you acknowledge and accept that any lesson fee paid by you may be forfeited and not refundable to you, as determined by us at our absolute discretion. 

5.4. You understand and accept that we may cancel your lesson at any time and for any reason with written notice to you with immediate effect. If the lesson is cancelled in accordance with this sub-clause, then we will refund you any lesson fee paid or (with your consent) re-book the lesson. 

 

6. Limitation of Liability 

6.1. We will not be liable to you for any consequential or indirect loss (including pure economic loss, loss of business and loss of profits) arising out of, or as a consequence of, this agreement, any tort (including negligence) or otherwise at law. 

6.2. Notwithstanding any other term in this agreement, our maximum liability to you, whether under or in connection with any contract, statute, equity, tort (whether for negligence or otherwise) or otherwise at law, will be the value of the lesson fee applicable to your lesson. 

 

7. Indemnity 

7.1. You agree to (to the maximum extent permitted by law) indemnify us (and keep us so indemnified) on demand from and against: 

a) any claim, proceeding, action, cause of action, demand or suit (including by way of contribution or indemnity) whether under or in connection with any contract or otherwise at law, under statute or in equity or tort (whether for negligence or otherwise); and 

b) any cost, expense, loss, damage or liability whether direct, indirect or consequential (including pure economic loss), present or future, fixed or unascertained, actual or contingent; and 

c) only to the extent not prohibited by applicable law, any fine or penalty, 

in each case to the extent arising out of, or as a consequence of, you breaching this agreement. 

 

8. Privacy 

8.1. We will collect information from you for the purpose of providing lessons and/or service to you under this agreement, including your driving license details and contact details. 

8.2. Your personal information will not be transferred to third parties without your consent. 

8.3. If you choose not to provide us with the personal information that we request, in full or in part, then this may significantly reduce our ability to provide you with the lesson or other services under this agreement. 

8.4. You may be entitled to access, delete and correct personal information held by us. This can be done by contacting us through the contact details displaying on our website. 

8.5. We reserve the right to refuse or limit your access or make corrections to your personal information where permitted by law. 

8.6. If we refuse to provide access or correct your personal information, we will provide you the reasons for this in writing. If we refuse to correct your information, we may attach to the personal information a statement of the correction sought. 

8.7. As permitted by law, we may charge you a reasonable fee in relation to providing access to, or correcting, your personal information. 

 

As updated 6 October 2017