Terms and Conditions
TERMS & CONDITIONS
These are the terms and conditions by, and subject to which, the following companies, their servants or agents, or other representatives (hereinafter collectively or individually referred to as 1Go) shall offer it’s training services to any individual, or individuals, seeking such training (hereinafter referred to as the Trainee).
COMPANIES: 1Go Motorcycle Training
Prior to participating in the training and/or making use of any other requested service, the Trainee, by attending such training, is entering into a legally binding agreement which is strictly subject to the terms & conditions set out herein. Terms & conditions are severable, the validity of a condition does not affect the validity of any other condition, and where a part of one condition is invalid then that part is severable from the rest of that condition. Any minor that attends training should have these terms & conditions explained to them by a responsible adult. Any individual who books and/or pays for any service, on behalf of another individual(s), to be provided by 1Go, agrees to act as an agent of that individual, who shall be deemed as The Trainee and be bound by these terms and conditions irrevocably. Any individual(s) not wanting to be bound by these terms & conditions should not proceed with any such training and not remit any fees to 1Go. Once any such fees are remitted, it is assumed that the Trainee has read, understood, and agreed to be bound by these terms & conditions. Any complaint regarding any service provided by 1Go to the Trainee shall only be responded to by 1Go if made in writing, or by email, and accepted and acknowledged by 1Go within seven days of such action that instigated the initial complaint. IMPORTANT: Please read carefully.
1- GENERAL – APPLIES TO ALL TRAINING COURSES
a- Attendance. An email booking confirmation will be emailed to the Trainee using an email address supplied by the Trainee to 1Go. The Trainee shall be responsible for providing a current email address and mobile contact details for communication purposes. 1Go shall not be liable for any loss suffered by the Trainee if 1Go is unable to communicate with the Trainee using such email and/or mobile contact details. If the Trainee fails to meet any of the requirements stated in this confirmation, or any requirements of the Driving & Vehicle Standards Agency (DVSA), then no such training shall be provided and the Trainee shall forfeit any fees paid to 1Go, and be liable to pay any outstanding balance. Once the Trainee starts any training course with 1Go, and has paid any outstanding fees to 1Go, or if the Trainee elects to cease training for any reason, then these monies shall be retained by 1Go in any event.
b- Course Fees: All training course fees must be paid in cleared funds, and in full, by at least 14 clear days, inclusive of weekends, prior to the start date of such course. If 1Go, under any circumstances, accepts any form of deposit from the Trainee, for any such course, then this deposit shall be deemed non-refundable. If the Trainee fails to remit the balance fee for such courses, by at least 14 clear days, inclusive of weekends, prior to the start date of such course, then such deposit shall be forfeited by the Trainee and no training service shall be provided by 1Go to the Trainee. Any course fee payment, whether paid by deposit or in full, shall be deemed as non-transferable to another course, or for the benefit of any individual other than the Trainee, unless agreed with 1Go in writing.
d- Clothing. 1Go will only provide a suitable Hi-Viz vest to the Trainee, as well as, in the case of any motorcycle training, a suitable safety helmet and a pair of gloves. At all times the Trainee should be dressed ‘appropriately’ for any training course they attend. 1Go reserve the right to reject the Trainee for training if they fail to dress ‘appropriately’, and the Trainee may refer to 1Go or the DVSA for guidance before any such training commences. Any fees paid by the Trainee to 1Go shall be retained by 1Go in these circumstances. PLEASE ALSO REFER TO SECTION 2h.
e- Test cancellation by the DVSA. If the Driving & Vehicle Standards Agency (DVSA) cancel the Trainee’s test for any reasons beyond the control of 1Go, e.g. adverse weather, industrial action, examiner illness/equipment failure etc, then the Trainee will have to make a claim against the DVSA for any fees paid by the Trainee to 1Go for such training and test. 1Go shall be entitled to retain any fees paid for such training and test. 1Go will, if required by the Trainee, rebook a further test resit, at the normal fee rate applicable at the time of rebooking such training and test.
f- Test cancellation by 1Go. If 1Go canceled any test for any reason beyond the control of 1Go, then their liability to the Trainee will be limited to the amount of any fees paid by the Trainee to 1Go for such test, or the cost of any similar test fees that may be charged by 1Go to another Trainee for a similar test.
g- Training cancellation by 1Go. 1Go reserves the right to cancel any training course immediately, in the interests of health and safety, if, at any time, the Trainee acts in any manner, or carries out any action(s), deemed as rude, offensive or dangerous to 1Go and/or any other individual or third party, including the Trainee. Any fees paid by the Trainee to 1Go shall be retained by 1Go in such circumstances. If 1Go canceled any training session for any other reason beyond the control of 1Go, then their liability to the Trainee will be limited to the replacement of any such training hours to the Trainee. If the Trainee cannot attend such replacement hours then the course will proceed with any such hours remaining and the Trainee will have no right to be compensated for any such lost hours.
h- Negligence. 1Go accepts no liability for any claim, loss, damage or expense arising out of the acts or omissions of its staff or agents, unless those acts or omissions are caused by the negligence or willful default of 1Go or its agents.
i- Any claim made by the Trainee against 1Go or its agents shall at all times be limited to only the gross cost of training provided, excluding an amount for any test fee paid by 1Go to the Driving & Vehicle Standards Agency (DVSA) if applicable.
j- Trainee pictures and video feedback. By attending any training course, the Trainee agrees to 1Go using any pictures or video feedback of the Trainee for marketing purposes and consents to 1Go emailing the Trainee with any information that may be, in the opinion of 1Go, of interest to the Trainee. If the Trainee does not consent to this they should email their written objection to firstname.lastname@example.org.
k- Liability disclaimer. All training is subject to the Trainee having read, understood and agreed to, as well as these terms and conditions, the conditions of a liability disclaimer which the Trainee must sign, wherever possible, at the beginning of each training course. Whether signed or not, by attending any training course the Trainee is deemed to have read, understood and agreed to these terms and conditions and such disclaimer.
l- Trainee payments. Please refer to 1b.
m- Training/test, Extended test, surcharges. Any training and/or tests carried out for the benefit of the Trainee at weekends, or ‘out of hours’ , or for an extended test, as defined by the DVSA, by 1Go may be subject to a surcharge which will be notified to the Trainee by 1Go before such training and/or test is booked on behalf of the Trainee.
n- Subcontracting of services. On occasions, 1Go shall use other carefully vetted training companies to provide training services to Trainees of 1Go for certain training courses as 1Go deems necessary on a ‘subcontract’ basis. The Trainee shall accept such training companies for the provision of such courses in replacement of 1Go.
o- Gift Certificates. Gift certificates/vouchers shall have a cash value of no more than £0.01. Such certificates/vouchers must be used within 12 months of issue and any booking made by using such certificate/voucher shall be subject to all of these terms and conditions.
p- Legal entitlement. At all times the Trainee must be legally entitled to undertake any training service being offered by 1Go and the Trainee shall, upon request by 1Go, provide proof of such entitlement. The Trainee shall bring, to all training courses, their driving license, provisional or full, and any other paperwork requested by 1Go. Failure to do so may result in 1Go cancelling any further training for the Trainee and retaining any monies paid by the Trainee to 1Go. In any event, the Trainee shall be liable to pay any outstanding balance to 1Go within 14 days of 1Go demanding the same.
q- Trainee’s personal effects. 1Go cannot be held liable for any personal effects of the Trainee left in any of 1Go’s premises, at any time.
2- MOTORCYCLE & SCOOTER TRAINING
a- General disclaimer. RIDING A SCOOTER/ MOTORCYCLE CAN BE VERY DANGEROUS! By attending training with 1Go, each Trainee agrees understands and accepts that in order for the Trainee to attain a Compulsory Basic Training certificate (CBT), and/or prepare for the practical motorcycle test, 1Go are willing to provide training to the Trainee, including any required maneuvers at a suitable training site approved by DVSA, as well as on any public roads, in any prevailing weather conditions deemed acceptable by 1Go. In the case of CBT training, the Trainee should be satisfied with the training they have received so far and feel sufficiently competent to proceed with the fifth element involving a minimum of 2 hours riding on the public highway. In all other cases the Trainee should be satisfied with any training provided, or their own riding experience, to proceed with further training including riding on a public highway and/or preparing for any requirements of the full motorcycle test. In the case of CBT training, the Trainee should feel sufficiently competent to conduct the fifth element in the prevailing weather conditions at that time. The Trainee should also feel competent to conduct further training, including the practicing of any maneuvers required by the full motorcycle test, in the prevailing weather. By booking a course with 1Go, the Trainee confirms their wish to carry out any scooter or motorcycle training, either for CBT training or for that of the practical motorcycle test at their own risk, and accepts that such training involves a degree of risk of physical injury to themselves. As such, the Trainee agrees not to hold 1Go or any 1Go instructors liable for any injury sustained to them whilst carrying out any such training. The Trainee has also received, read and accepted the terms and conditions of any training provided to the Trainee by 1Go , including this liability disclaimer, and especially any reference to any damage deposit or damage waiver premium the Trainee has remitted to 1Go, prior to the Trainee attending any training with 1Go.
b- CBT-minimum attendance numbers. 1Go shall not run any CBT course on any date where less than two Trainees have paid and booked for training on such date. In such an event, 1Go shall contact any remaining Trainee and rearrange the CBT date accordingly.
c- Translators/third parties- In the interests of health & safety, and with respect to other Trainees attending training, 1Go will NOT permit any translator or other third party to attend any training session that the Trainee shall book, unless otherwise agreed with 1Go in writing.
d- Trainee ceases training. The Trainee has been made aware that they may elect to cease training at any time by notifying the training instructor. In such an event, 1Go reserves the right to retain any fees paid to 1Go by the Trainee for any training booked. The Trainee shall also be liable to remit any outstanding fees for such training to 1Go within 14 days of 1Go demanding the same.
e- Damage deposit for Compulsory Basic Training (CBT). No deposit is required, but the Trainee agrees to be responsible for any loss or damage caused to any equipment, including any bike or scooter, provided by 1Go, whilst in the Trainee’s care and control. To minimise any such cost, 1Go reserve the right to cancel the Trainee’s training at any time in accordance with paragraph 1g of these Terms and Conditions. The Trainee must pay all payments in respect of damaged equipment to 1Go within 14 days of the date of such damage occurring.
f- Damage deposit for other motorbike/scooter courses. The Trainee agrees to deposit an amount of £250 with 1Go (damage deposit). This deposit is refundable in full if the Trainee does not damage or drop the bike, on any single occasion, or collide with any object or individual, or damage any equipment lent to the Trainee by 1Go. No partial refunds of this deposit are payable by 1Go whatsoever. This damage deposit only applies to those dates agreed and stated in the confirmation, or otherwise agreed between the parties, sent to the Trainee by 1Go. Alternatively, the Trainee may pay to 1Go a non-refundable insurance excess premium of £15 for each day of training, which is also applicable for any test resit days.
g- If the Trainee is using their own bike for training, they should ensure that it is the right specification for the course being attended, including the display of two legally sized ‘L’ plates, and in a roadworthy condition as determined by 1Go and shall meet all current UK legislation requirements in force at that time. The Trainee shall bring and retain a current MOT certificate, if applicable, insurance certificate, current valid original CBT certificate and road tax for the bike being used. The Trainee’s non compliance will result in the cancellation of training and the Trainee forfeiting any monies paid to 1Go.
h- In respect of any full motorcycle test course, the Trainee shall comply with the DVSA’s requirements in respect of the wearing of ‘suitable protective clothing’ introduced on the 1st July 2011. Further information can be found on the DVSA website. 1Go cannot be liable for any test which is cancelled due to the non wearing of such suitable clothing by the Trainee and any test which is cancelled under these circumstances shall be treated as if the Trainee had failed the test by 1Go, and the Trainee will have to resit the test as stated in Paragraph 6 of these terms and conditions.
In respect of the clothing requirements for CBT training, the Trainee must be dressed appropriately for motorcycle training. Items of clothing that will be not acceptable shall include, but not be limited to, the following: T Shirts or other flimsy half or full sleeve tops, shorts or ¾ length pants, leggings or tights, flip flops, sandals or canvas footwear, or any other clothing deemed unsuitable by 1Go.
i- CBT resits. If the Trainee is not successful in attaining their CBT on the booked date, or fails to meet any of the requirements as stated in the booking confirmation sent to them by 1Go, they will have the option of rebooking the CBT at a full fee rate only. No discounts on any such resits are offered by 1Go in any circumstances.
j- Other course resits. The fee charged for any other course resit will be notified to the Trainee by 1Go prior to any such resit being booked on behalf of the Trainee.
k- Practical Module 2 tests. The Trainee accepts that if they have booked and paid for the Module 2 test to take place within three days of their Module 1 test, and they subsequently fail their Module 1 test they will:
- Not be eligible to attend the Module 2 test.
- Not be eligible for any further training prior to the scheduled Module 2 test.
- Will not receive any refund of any fees in respect of the scheduled Module 2 training or test.
l- Trainee elects to stop training. If the Trainee elects to cease training, for any reason , after training has commenced, 1Go shall retain any fees received from the Trainee for such training. If the Trainee elects to stop training after they have attended a Module 1 test then 1Go may, at their discretion, refund the Trainee an amount not greater than the DVSA fee for the Trainees Module 2 test. However, if there are any fees outstanding to 1Go from the Trainee, at such time as the Trainee elects to cease training, then no such refund shall be made by 1Go and the Trainee must remit such outstanding fees to 1Go within 14 days of such request by 1Go to the Trainee. In any event, the Trainee must complete any full license course within 4 months of the start date of such course. Failing to do so, for whatever reason, shall result in 1Go retaining any fees paid by the Trainee.
m- Cancellation/Reschedule by the Trainee – CBT. Any cancellations or alterations to a booking must be made at least 5 clear days before the date of the course, at the latest, and will be subject to an administration fee of £30 for each place booked. The alteration of a course can only be applied once and is at the sole discretion of 1Go. Any alterations or cancellations made within 5 clear days of the date of the course will result in any fees paid for the course being retained by 1Go, and the Trainee being liable for any outstanding balance due.
n- Cancellation/Reschedule by the Trainee – Other motorcycle courses. Any cancellations or alterations to a booking must be made at least 14 clear days before the date of the course, at the latest, and will be subject to an administration fee of £50 for each place booked. The alteration of a course can only be applied once and is at the sole discretion of 1Go. Any alterations or cancellations made within 14 clear days of the date of the course will result in any deposit paid for the course being retained by 1Go. In the event of any cancellation or alteration being made within 5 clear days of the date of the course, will also result in the Trainee being liable to pay any outstanding balance in relation to the chosen course.
o- Module 1 training. The Trainee accepts that although 1Go has replicated the Module 1 training circuit from the Driver & Vehicle Standards Agency (DVSA) as much as possible, some of these measurements may differ from those used at the DVSA’s Motorcycle Manoeuvring Area (MMA).
p- 1Go shall not be liable for any loss or damage to any of the Trainee’s personal effects at any time.
q- Extended test. In the event that a Trainee requires an extended Module 2 test, for any reason whatsoever the following shall apply. Firstly, the Trainee has the responsibility to advise 1Go of such requirement (especially in view of this information being classified as personal data, and not available for 1Go to obtain from any third party). If the Trainee fails to notify 1Go of such requirement, when they book any full license course requiring such extended test, then they shall not be able to attend any normal Module 2 test and forfeit any fees in respect of such Module 2 test. Any extended test requirements will be subject to any additional test fee charged by the DVSA, plus an extended attendance fee of £30.00 providing the time slot for the extended test suitably fits in with 1Go's training schedule and does not prevent 1Go from allowing a second Trainee to also attend a Module 2 Test Day Course at the same time. In the event of an extended test being required, the Trainee can alternatively request that 1Go exclusively provide a Module 2 Test Day course, which would normally be run on an instructor to student ratio of 1:2, and in such circumstances, the Trainee will be required to remit a fee equivalent to the space of the second Trainee's space they are occupying.