Terms and Conditions
These terms & conditions (“Terms”) form a contract (“the Contract”) between Dexterity MCT Ltd (“Dexterity”), and the student undertaking motorcycle training with Dexterity (“the Student”).
- Motorcycling is potentially hazardous. All students must be aware of this and take every precaution to prevent accidents and injury to themselves or others.
- Students are responsible for their own actions and safety at all times, especially when on the public roads.
- By commencing a course with Dexterity, Students acknowledge that they are familiar with, and will abide by, The Highway Code and all applicable laws. Students are responsible for any motoring or other offences they may commit.
Provision of the Training and Equipment
- Dexterity will provide the Student with such motorcycle training as is agreed between the parties (which may, at Dexterity’s discretion, be confirmed in writing by Dexterity) in consideration for the price agreed between the parties (which may, at Dexterity’s discretion, be confirmed in writing by Dexterity) (“the Price”).
- Dexterity will only provide instructors who are approved by the Driving Standards Agency.
- The Student/instructor ratio for each course will be at the discretion of Dexterity and subject to Driving Standards Agency regulations, and Dexterity will determine the aptitude of the Student for each course.
- Dexterity reserve the right (due to safety or other considerations) to postpone or alter the course embarked upon by the Student and no refund or compensation will be due in these circumstances. It is at Dexterity’s discretion which motorcycle the Student uses for the CBT or takes the practical test on (and therefore whether the test is a DAS test or an A2 test).
- Dexterity will use its reasonable endeavours to supply all Students who require them with an approved safety helmet, a motorcycle jacket and gloves, which may (at Dexterity’s discretion) be subject to an additional charge to the Student.
- All the Student’s fees shall be paid in advance of each course or lesson. Due to the restricted places available, payment is due on booking. Cheques are not accepted.
- Refunds will not be given unless at least 30 Days (One Month) notice prior to the commencement of the course is given to Dexterity by the Student. Deposits paid for courses are non-refundable and non-transferable. Failure to pay the balance due for a course at least 30 Days (One Month) before the start date will result in the loss of the deposit and cancellation/rearrangement (at the discretion of Dexterity) of the course dates. No refunds will be given once a Student has commenced training.
- Courses booked less than 30 Days (One Month) in advance are non-refundable and non-transferable.
- Courses, or payments for courses, are not transferable.
- Gift Vouchers are valid for 12 months from date of issue and are non-refundable and non-transferable.
- Any discounts or special offers must be requested by the Student and confirmed by Dexterity before payment and are non-transferable. No discounts will be given retrospectively. Only one offer can be taken at a time.
- In the event that the Student is unsuccessful in passing the practical test, and the Student wishes to take the test again, a further test fee and further training fees will be payable by the Student. Whilst Dexterity will endeavour to arrange the test at the earliest possibility, the date of the next test will be dependent on the availability of Dexterity, the Student and a mutually convenient test date. Dexterity is under no obligation to provide another practical test or further training. Any such further training shall be the subject of a new contract between Dexterity and the Student.
- Any training not completed within 12 months of the date that it is paid for will incur further fees.
- Payments made by Credit Cards will attract the following fee to offset processing costs. Course Cost up to £150 = £2.50 Charge, up to £549 = £3.50 Charge, Over £550 = £5.00 Charge. Debit Cards remain Free.
- Students attending CBT training are expected to have purchased and studied the Highway Code. A Student unable to demonstrate knowledge of the Highway Code will not pass the CBT training and no refund will be given. The opportunity for further training will be given on a mutually acceptable day at a cost of £30 per hour.
- All courses are booked on the basis of the information supplied by the Student to Dexterity. It is the responsibility of the Student to ensure that this information is correct (including the Student being in possession of the relevant licences).
- Students must hold a current, valid driving licence (provisional or full, as required) with motorcycle entitlement which must be produced to the instructor (including photo identification) on the first day of training and at any other time on request. If such licence is not produced, Dexterity is under no obligation to provide the training or a refund.
- The Student must ensure that he or she is in a fit state to ride safely on a public road at all times and is not under the influence of alcohol or any other substance that may affect his or her ability to ride.
- Dexterity reserve the right to stop and/or end the training session if the instructor believes, in his/her absolute discretion, that the Student is not able to ride safely.
- The Student is responsible for providing all the necessary documentation required by the Driving Standards Agency on the day(s) of their theory and practical tests. Failure to do so will result in the test being cancelled with no refund. Further training fees may be payable by the Student to Dexterity in these circumstances at the discretion of Dexterity.
- The Student must be able to pass the current DSA practical test eyesight requirement. Any glasses or contact lenses required to meet this requirement must be worn by the Student at all times when in charge of a motorcycle.
Training Cancellation, Postponement or Changes
- In the event of a mechanical breakdown, weather conditions, staff illness or any other cause beyond the control of Dexterity, Dexterity may re-arrange or rebook any course at the earliest convenient time to the Student and to Dexterity. No refund or compensation will be due to either party.
- In the event of the Student being unable to commence or continue a course on the agreed dates due to illness, injury, or bereavement Dexterity will make reasonable efforts to rearrange the Student’s training to a mutually convenient time, and may (at its sole discretion) make a Re-Booking Admin charge for doing so. If a Student or their Representative wishes to Cancel, Alter or Change any Booked Course then there will be a Re-Booking/Cancellation Admin Fee of £10. Training fees are non-refundable and non-transferable unless at least 30 Days (One Month) notice is given by the Student to Dexterity.
- The Student must arrive punctually at the agreed time and participate fully in the training during each day. Failure to arrive on time, not participating fully in the training or non-attendance may lead to a number of remedies by Dexterity (at its sole discretion), including, but not limited to; further charges for training, cancellation of practical test, further test fees, refusal to continue training with no refund.
- Dexterity may cancel or refuse to take on the test any Student who the instructor believes is not ready for the practical test. No refund of test fees will be due in these circumstances.
- If the Student has booked a course and has started training no refund will be given should the Student wish to cancel or rearrange the remainder of the course. Dexterity reserves the right to charge further fees for continuation of the training in these circumstances.
- Dexterity reserves the right to end training and cancel the remainder of any course without refund or compensation should a Student wilfully damage or attempt to damage any property or motorcycle owned or leased by Dexterity, or in the event of verbal or physical abuse, threat, intimidation or violence to any employee, contractor, agent or other student of Dexterity.
Student’s Own Equipment
- If the Student uses a moped/motorcycle not provided by Dexterity it must be roadworthy, with a current MOT if applicable, display a current road fund licence (tax disc) and two full-sized L-plates if required (at the front and rear of the machine), and have valid insurance cover. The Student must provide to Dexterity documentary proof of these requirements before the course commences. Dexterity may refuse to run the course if not satisfied that these conditions have been met and no refund will be due in these circumstances.
- Any safety helmet provided by the Student must be approved and comply with the applicable laws in force at the time. Dexterity may refuse to allow a Student to wear a helmet (or any apparel) it believes is unsafe or inappropriate for any reason.
Limitation of Liability
- Nothing in these Terms excludes or limits the liability of Dexterity for death or personal injury caused by Dexterity or its instructors’ negligence; for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentations.
- Subject to clause 33, Dexterity’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price; and Dexterity shall not be liable to the Student for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case where direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
- Unless expressly requested in writing the Student agrees to Dexterity using their words and images for publicity and testimonial purposes, including on its website and promotional literature.
- The Student shall indemnify Dexterity against any claim, loss, damage or expense incurred by Dexterity as a result of a breach of any of these Terms by the Student to the extent which such claim, loss, damage or expense directly or indirectly results from such breach.
- Except as otherwise provided by these Terms, all warranties, conditions and other terms (whether expressed or implied), are excluded from the Contract to the fullest extent permitted by law.
- Each provision of these Terms is separate and distinct and shall not be affected by the invalidity or unenforceability of any other term or provision.
- No term of this Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
- Each right or remedy of Dexterity under these Terms is without prejudice to any other right or remedy of Dexterity, whether under these Terms or not.
- No waiver by Dexterity of any breach of these Terms by the Student will be deemed as a waiver of such breach or any subsequent breach of the same or any other provision.
- In the event of a discrepancy between these Terms and any literature, website or other information provided by Dexterity these Terms shall take precedence.
- The Student, by paying for, agreeing to, or embarking upon a course/training with Dexterity, agrees to these Terms whether or not they have been signed by the Student.
- This Contract shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
- The headings in these Terms are inserted for convenience only and will not affect its construction or interpretation.
- The terms ‘training’, ‘course’ and ‘lesson’ used throughout these Terms refer to the motorcycle training undertaken by the Student with Dexterity.
- Any complaint by a Student must initially be directed in writing to the proprietors of Dexterity MCT Ltd, Eastwell Court, Lenacre Street, Ashford, TN25 4JT.
- Should the Student be unhappy with the handling of the complaint then they should write to the CBT Section, Driving Standards Agency, The Axis Building, 112 Upper Parliament Street, Nottingham, NG1 6LP
© 2015 Dexterity MCT Ltd