Brand Licence
What Car? Driving School is the trading name of 5 Star Driving Instructors Limited (5 Star), which is registered with company number 6837630 and whose registered address is at 4 Victoria Road, Sidcup, Kent, DA15 7HD.
What Car? is a registered trademark of Haymarket Magazines Ltd. What car? Driving School is operated under licence by 5 Star Driving Instructors Limited.
All information on this site is copyright. Reproduction in whole or in part of any text, photograph or illustration without the written permission of 5 Star Driving Instructors Limited or Haymarket Media Group is strictly prohibited.
Instructor Terms and Conditions
All Instructors approved by 5 Star (ADI- Approved Driving Instructors) operate under a franchise with What Car? Driving School.
Learner Terms and Conditions
These terms and conditions give you important information about your driving lessons with your ADI and form the basis of each contract for driving lessons between you and your ADI. No other terms apply unless agreed in writing by your ADI.
Your training
The contract for in car driver training – your lessons, is between you and your ADI who operates his own self employed training business. You and your ADI are responsible for agreeing all matters relating to the content, timing or location of individual lessons. No contractual liability shall arise or subsist between you and 5 Star.
Your ADI will provide you with driving training at a rate per hour communicated to you from time to time. Recommended prices per hour are available on www.whatcar.com/drivingschool. In most circumstances lessons are provided in blocks of 2 hours although by exception, with the consent of your ADI, 1 hour lessons may be available.
If your ADI is unavailable for any reason your ADI has the right to arrange for another ADI franchised to 5 Star to provide some or all of your on road training. If your ADI cannot arrange for an alternate ADI to take your driver training or in the event of sudden mechanical breakdown of the vehicle in which you have been learning to drive, or for any other reason, your ADI reserves the right to rearrange your scheduled driving lesson to a new time convenient to both you and your ADI.
Your ADI will hold appropriate motor vehicle insurance for the training car in which you are learning to drive in the event that you have the misfortune to have an accident as a learner. This covers circumstances when you are accompanied by either the ADI or a Driving Standards Agency examiner.
Your responsibilities
It is your responsibility to ensure that you have the required valid provisional driving licence to drive in the UK whilst accompanied by another qualified driver. You will be asked by your ADI to show your provisional licence before you start your first lesson. Your licence number is required to book both your theory and practical driving tests.
It is your responsibility to ensure that you are physically and mentally capable of undertaking the lesson at the scheduled time. Amongst others you should have your glasses / lenses as appropriate and not be under the influence of any alcohol or prescription drugs or other substances that may impede your senses. Should your ADI believe that you are not capable of driving due to the matters referred to above or any other matter, in which your safety or that of your ADI or other road users may be compromised, then your ADI may refuse to start or may terminate the lesson at any point. You will not be entitled to a refund of any amount paid for any lesson cancelled or terminated by your ADI in these circumstances.
Your bookings and cancellations
To confirm a lesson with your ADI, it is recommended that you pay for the lesson at least 48 hours in advance of the diary booking. Cancellations must be made directly between you and your ADI. If you do not give at least 48 hours notice of cancellation, your ADI will be entitled to charge for the lesson(s) concerned, unless your ADI is able to find another learner to take a lesson at that time.
Your payments
You must pay for each lesson in advance. Payment for your current and next lesson can be made direct to your ADI. 5 Star has no responsibility or liability to you for payments made if you pay directly to your ADI. You should obtain a receipt for any payments made direct to your ADI.
You can also pay in advance to 5 Star which collects payment on your ADI’s behalf. You can pay for tuition in advance by using one of the following methods:
- Payment by credit or debit card
- Payment by credit or debit card by telephoning the What Car? Driving School Customer Service Centre on 08456 21 21 21
If you make a payment for lessons over the telephone you have 7 working days from the date of that payment to cancel those lessons and receive a full refund. You must cancel in writing or by email. See “Contact us” for the relevant details. If you receive your lesson within the 7 working day period, your right to cancel expires at that time.
Other provisions
Your ADI and 5 Star are not liable to you for any loss or damage caused where, and to the extent that:
- there is no breach of a legal duty owed to you by the relevant person or body;
- such loss or damage is not a reasonably foreseeable result of such a breach;
- any such loss or damage, or increase in the same, results from any breach or omission by you;
- any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body including without limitation the activities of civil or government authorities, third party industrial disputes or severe weather conditions and other acts of God.
Your ADI and 5 Star shall not, in any event, be liable for losses relating to any business interests you may have including, without limitation, lost profits, loss of opportunity or business or business interruption.
Nothing in these terms will limit or exclude either your ADI’s or 5 Star’s liability for fraud, death or personal injury resulting from its negligence or for any other liability that cannot be limited or excluded as a matter of law.
You are reminded that 5 Star is not party to the contract for driving tuition itself, which is between you and your ADI. This does not affect any liability that 5 Star may have for any loss or damage you may incur which is caused directly as a result of any breach (including negligence) by it or of any legal duty owed by it to you.
Nothing in these Terms and Conditions will affect your statutory rights as a consumer.
Where 5 Star makes bookings with, or supplies any information or documentation to you, or processes any payments for your lessons, it does so as the agent of your ADI.
Your ADI and 5 Star may make reasonable changes to the products and services and these terms and conditions for commercial, system, security, legal or other regulatory reasons and will give you reasonable notice of such changes. If such changes mean the products and services provided are substantially varied to your detriment then you may cancel your agreement.
If any part of these Terms and Conditions is disallowed or held to be ineffective by any court or any other competent body, the rest of these Terms and Conditions will not be affected.
These Terms and Conditions are governed by the laws of England and Wales unless you live in Scotland or Northern Ireland in which case the relevant law will apply and you can choose to take action in your local courts.