Terms & Conditions ("the Agreement")

This document outlines the legally binding Terms & Conditions between Gear Shift Happens ("the Company") and any individual booking driving lessons, instructor training, or franchise services ("the Customer"). By making a booking, the Customer accepts these Terms & Conditions in full, without the need for a physical signature.

1. Cancellation of Lessons and Training Sessions

• 1.1 Notice Requirement: A minimum of 48 hours’ notice is required to cancel or reschedule any driving lesson or instructor-training session.
  1.2 Late Cancellations: If less than 48 hours’ notice is given, the full session fee will be charged, with no refund or credit issued.
  1.3 Amendments: The Company reserves the right to amend or cancel lesson times, instructors, or vehicles as necessary. An alternative appointment will be offered when possible.

2. Deposits and Payment Terms

• 2.1 Non-Refundable Deposits: All deposits for instructor-training services are non-refundable, except as required by law.
  2.2 Purpose of Deposits: Deposits secure a place in the training program and cover administrative costs. A requirement to pay for one lesson in advance to secure your booking for individual students
  2.3 Payment Schedule: All fees must be paid according to the agreed payment schedule. Failure to pay may result in suspension or termination of services.

2.4 Bulk purchases of lessons for individual students are non-refundable.

3. Refund Policy

• 3.1 Cooling-Off Period: Customers purchasing training services online or remotely may have a 14-day statutory cooling-off period as per consumer legislation.
  3.2 Post-Cooling-Off: No refunds will be issued after this 14-day period for any reason, including change of mind or failure to attend.
  3.3 Commencement of Services: If training commences within the cooling-off period, the Customer waives their right to a full refund and accepts responsibility for payment of services rendered.

4. Franchise Fees

• 4.1 Weekly Fees: Franchise fees are due at a minimum rate of £65 per week, unless otherwise agreed in writing.
  4.2 Timely Payments: Franchise fees must be paid fully and on time.
  4.3 Consequences of Non-Payment: Delayed payments may lead to suspension or termination of franchise rights and removal from the Company's booking system.

5. Conduct and Responsibilities

• 5.1 Safety Compliance: Customers must adhere to all safety instructions and act responsibly.
  5.2 Right to Refuse Service: The Company reserves the right to refuse or discontinue training if behavior is unsafe or disruptive.
  5.3 Liability for Delays: The Company is not liable for delays or cancellations due to events beyond its control, including severe weather or instructor illness.

6. GDPR and Data Protection

• 6.1 Data Processing: The Company processes personal data per the UK GDPR and the Data Protection Act 2018.
  6.2 Purpose of Data Collection: Personal data is used solely for providing lessons, training, and related services.
  6.3 Data Sharing: Data will not be shared with third parties unless necessary for service delivery or legal compliance.
  6.4 Rights of Customers: Customers have the right to access, rectify, restrict, or request deletion of their personal data, subject to legal limitations.
  6.5 Data Retention: Data is retained only as long as necessary to fulfill contractual obligations.

7. Limitation of Liability

• 7.1 Exclusion of Certain Losses: The Company shall not be liable for any indirect, consequential, or incidental losses, including loss of earnings.
  7.2 Liability Cap: The Company’s total liability for any claim is limited to the amount paid by the Customer for the specific service.
  7.3 Non-Exclusion of Key Liabilities: This Agreement does not limit liability for death, personal injury, or any liability that cannot be excluded under UK law.

8. Complaints and Dispute Resolution

• 8.1 Submission of Complaints: All complaints should be submitted in writing to: kwong.holden@gmail.com.
  8.2 Complaint Details: Complaints must include evidence detailing the issue, including dates and documentation.
  8.3 Response Time: The Company will have 30 working days to investigate and respond.
  8.4 Definition of Working Days: "Working days" refers to Monday through Friday, excluding weekends and public holidays.
  8.5 Complaints Format: Complaints submitted verbally or via social media are not accepted.
  8.6 Escalation: If unresolved, Customers may pursue mediation or legal remedies as permitted by law.

9. Force Majeure

• 9.1 Liability Limitations: The Company is not liable for failures or delays due to events outside its control, including natural disasters, war, or government actions.

10. Acceptance of Terms

• 10.1 Confirmation of Terms: By booking lessons or entering into training or franchise agreements, the Customer confirms they have read and understood these Terms & Conditions.
  10.2 Acceptance without Signature: No signature is required to accept these terms.
  10.3 Updates to Terms: These Terms & Conditions may be updated periodically. Continued use of services constitutes acceptance of any updates.