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1. Bookings: By booking a driving lesson or lessons provided by Allan Miller Driving School (ABN 99 103 263 832) of 10 Erudina Avenue, Edwardstown SA 5039 ('AMDS' or 'we'), as part Allan Miller Driving School ("Program"), the participant ("you") accepts these terms and conditions.*
2. On-road driving lessons
2.1. Use Of Own Vehicle: If you are driving in your own vehicle, your Instructor must first assess that your vehicle is roadworthy (only a basic external inspection will be carried out) and the following requirements must be met in relation to your vehicle:
- the registration label of your vehicle is valid, current, intact and visible.
- you hold current compulsory third party insurance and comprehensive insurance cover for your vehicle.
- you have notified your insurance company in writing (prior to your first driving lesson in your vehicle) that your vehicle will be used by an Instructor to provide driving lessons.
- the tyres are correctly inflated (air pressures must reflect the manufacturer's recommendation as a minimum), have appropriate levels of tread and are not damaged.
- all indicators and brake lights are working.
- seats and seat belts are in good working order and are not damaged or twisted.
- any loose items in the cabin of the vehicle are stowed in the cargo (boot) area.
- the windows and interior are clean.
- the windscreen is not cracked and shows no signs of damage.
- the vehicle has sufficient petrol to last the course of the lesson (minimum requirement - a quarter of a tank).
2.2. Instructor Supplied Vehicle: On-road driving lessons are provided in manual or automatic transmission vehicles.
2.3. Lesson Provision: The duration of a standard on-road lesson time is either booked at 50 minutes or 90 minutes, including lesson briefing and de-briefing. Lessons commence and end at a pre-determined pick-up and drop-off point determined at the time of booking the lesson.
3. Provision of Lessons
3.1 You must hold a current SA driving licence (Class Car) or equivalent overseas licence and carry it with you at all times during a lesson.
3.2 You must not wear high heels, thongs or other footwear which in the opinion of the instructor may cause safety concerns with the foot controls. A flat, enclosed and secure shoe is recommended.
3.3 Mobile phones must be switched off prior to entering the training vehicle.
3.4 For on-road lessons, you must be ready to commence the lesson 10 minutes prior to the agreed time. If you do not turn up on time, your Instructor will wait 15 minutes for the lesson and may at the Instructor's discretion deduct this from the total lesson time. If you turn up outside these times, your Instructor may in his/her discretion choose not to proceed with the lesson and in such circumstances you will be liable for the cost of the lesson.
3.5 You must comply with the instructions or directions of your Instructor at all times, before or during a lesson.
3.6 We reserve the right to terminate a lesson if:
- you engage in any behaviour that your Instructor determines is reckless; or
- you fail to comply with the instructions or directions of your Instructor before or during a lesson; or
- you fail to comply with any special conditions on your licence, i.e. wearing of glasses/contacts; or
- your Instructor has assessed your driving skills and competence and deems you to be unfit or unsafe to drive (see section 7 "Fitness to drive" below).
In the event that a lesson is terminated under the circumstances listed above you will be required to pay the full cost of the terminated lesson.
4 Lesson Bookings
4.1 Your first lessons must be booked via Allan Miller Driving School on (08) 8276 1988. While every endeavour is made to commence the lesson at the scheduled time, no responsibility can be taken for circumstances beyond our control which may delay the start time.
4.2 All subsequent lessons will be booked with your driver at the end of each session. This can be done on a lesson by lesson basis or multiple lessons in advance.
4.3 Prior to participating in an initial lesson you must complete (Fill in here if needed)
4.4 All test bookings incur a $25 booking fee and this must be paid at the time of the test being confirmed. If the booking fee and any lesson fees are not paid for prior to the test, unless agreed to in a prior agreement, then the test may be cancelled and all costs may be passed on to you.
5. Fees and cancellations
5.1 Unless otherwise agreed by us, all lesson fees must be paid at the time of booking or at the commencement of the lesson. Allan Miller Driving School accepts payment via EFT, credit card, or cash / cheque. Where lessons are paid for by cheque or EFT, they must be booked at least 7 days in advance.
5.2 You must give at least 24 hours notice of cancellation of a lesson. The full lesson fee applies for late cancellations or non-attendance, unless there are, in our opinion, extenuating circumstances.
5.3 If you make a provisional lesson booking (a booking without payment), this provisional booking must be paid for within 24 hours or at the commencement of the lesson or a late payment fee may apply. This late payment fee of $25 will be added to your account.
5.4 If you make a provisional lesson booking, it must be made at least 48 hours in advance of the actual lesson booking.
6. Fitness to drive
6.1 In the interests of safety, your Instructor may assess your driving skills and competence at any time throughout the course of the Program.
6.2 If necessary, your Instructor may refer you to another Instructor or to a supervisor for further assessment of your driving skills.
6.3 If at any time you are assessed as unfit or unsafe to drive during a lesson, your Instructor may terminate the lesson immediately and may assume control of the vehicle.
6.4 Because the safety of Instructors and Program participants is paramount, Instructors will not enter into any discussions with you regarding an unfit or unsafe driving assessment. If you wish to lodge a complaint about the way in which an assessment was made, please contact Allan Miller Driving School on (08) 8276 1988.
7. Limitation of Liability, insurance
7.1 Allan Miller Driving School excludes any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of the lessons which cannot be excluded, restricted or modified. Otherwise Allan Miller Driving School excludes all conditions and warranties which may be implied by law.
7.2 To the extent permitted by law, Allan Miller Driving School’s liability for breach of any implied warranty or condition which cannot be excluded, is restricted, at their option, to:
- the re-supply of the lessons; or
- the payment of the cost of having the lessons re-supplied.
7.3 Except for any liability which cannot be excluded by law, Allan Miller Driving School, its related bodies corporate and their officers, employees, franchisees, contractors and agents shall not be liable for any loss, damage or liability whatsoever which is suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained as a result of:
- you participating in a lesson as part of the Program; or
- your failure or refusal to follow an instruction or direction of your Instructor before or during a lesson; or
- you being assessed by your Instructor as an unfit or unsafe driver; or
- your Instructor terminating a lesson; or
- you continuing to drive after you have been assessed as unfit or unsafe to drive by your Instructor; or
- your vehicle being assessed by your Instructor as being unsafe to drive and/or un-roadworthy.
7.4 You indemnify and agree to keep indemnified Allan Miller Driving School and its related bodies corporate and their officers, employees, contractors, franchisees and agents against any loss, damage, liability, costs and expenses in connection with your breach of these terms and conditions or any other legal obligation by you.
7.5 Neither Allan Miller Driving School or its driving instructors accept any liability whatsoever for personal property that is left in any Instructor supplied vehicle, your vehicle or on Allan Miller Driving School premises.
7.6 If driving lessons take place in your own vehicle, you warrant that you are covered by compulsory third party insurance and that your vehicle is covered by comprehensive insurance.
7.7 Allan Miller Driving School does not accept any responsibility whatsoever for the outcome of any driving test which you take.
8. Privacy
We collect your personal information in order to provide lessons to you and to assess your driving skills and to assist our internal administration and operations including accounting, risk management, record keeping, archiving, systems development and testing, and staff training. We may use and disclose your personal information to our related bodies corporate for these purposes.
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