Terms and Conditions for Driving with Tess Driving School

  • These terms and conditions relate to any person (“you” or “your”) undertaking driving lessons with Tess Driving School.
  • We may change our terms and conditions without notice and if this occurs the website will be updated with changes taking effect immediately.
  • In order to be an eligible driver with Tess Driving School you must be aged 16 years or older, hold a valid Australian Learner Permit or overseas licence and you must be legally entitled to drive in Australia.
  • Driving lessons will only be conducted in a Tess Driving School vehicle with dual controls. Due to safety concerns, Tess Driving School does not facilitate driving lessons in private vehicles without dual controls.
  • Prior to the commencement of any driving lesson, you must produce for inspection by the driving instructor, a valid learner driver permit or international licence. It is a legal requirement that you carry your permit or licence with you whenever you drive a motor vehicle in New South Wales. You will not be able to proceed with a lesson if you are not in possession of the appropriate permit or licence.
  • It is your responsibility to ensure that you advise the driving instructor of any restrictions that may inhibit your ability to undertake a driving lesson or drive a motor vehicle in the state of New South Wales.
  • It is your responsibility to provide as much relevant information as possible to the driving instructor in relation to experience and driving ability prior to your first lesson.
  • The duration of a driving lesson is one hour. All driving lessons are to booked in blocks of one hour via the online booking portal on the Tess Driving School website.
  • It is your responsibility to arrange pick up/drop off locations, timings and duration of a driving lesson via the online booking portal on the Tess Driving School website.
  • It is your responsibility to ensure you are on time for the commencement of your driving lesson. If you are late for a lesson this time can be deducted from the total lesson time. If an instructor is late due to circumstances beyond their control, e.g. traffic congestion, this time will be added to the total lesson time.
  • If, due to unforeseen circumstances or circumstances beyond the control of a driving instructor, it is not viable to proceed with a driving lesson, the driving instructor has the discretion to cancel the driving lesson.
  • If a driving lesson is cancelled by the driving instructor you will be given the option to reschedule the driving lesson or receive a full refund for the cancelled driving lesson.
  • During driving lessons, the you must comply with all reasonable directions or instructions given by the driving instructor at all times.
  • If you fail to comply with reasonable directions or instructions or continually drive the vehicle in a manner that endangers life or property, the driving instructor has the discretion to immediately terminate the driving lesson and assume control of the vehicle.
  • If a driving instructor believes that you are under the influence of any substance, or not in a fit state to drive a vehicle on a road or road related area, the driving instructor has the discretion not to proceed with the driving lesson.
  • Unless there are exceptional circumstances to do so, all mobile phones in your possession must be switched off during driving lessons.
  • Any termination of lessons due to points 3, 11 and 12 will result in the forfeiture by you of the full fee for the driving lesson.
  • Payments for lessons must be made at the time of booking via the Tess Driving School website. In exceptional circumstances, payment methods can be negotiated with the driving instructor.
  • By booking a lesson with Tess Driving School, you accept responsibility that you are aged 18 years or over or if you are under 18 years of age you have parental or guardian consent authorising you to make a payment.
  • Any personal details, such as name/address/contact numbers provided by you via the Tess Driving School website must be correct and true.
  • If a you cancel a lesson more than 24 hours before a lesson is due to proceed, you will receive a credit for the full cost of the lesson to be rescheduled for another time/date.
  • If you cancel a lesson 24 hours or less before a lesson is due to proceed, Tess Driving School has the discretion to charge you for the full cost of the lesson and the lesson cannot be rescheduled.
  • Lesson packages purchased by you must be used within a 6 month period. The cost of lessons not used within 6 months will be forfeited.
  • Think carefully prior to committing to bookings for a single lesson, lesson package deals or driving test package. The cost of lessons (single lessons, lesson packages and driving test packages) will not be refunded for change of mind.
  • Unused lessons cannot be sold or transferred from one person to another person.
  • Even though a driving instructor can give advice as to when you are ready to undertake a driving test, the driving instructor and Tess Driving School accept no responsibility and are not liable if you fail the driving test.
  • It is your responsibility to ensure that you are legally entitled to sit a driving test.
  • You agree to indemnify Tess Driving School against any actions, damages, claims, or demands including through negligence which occur as a result or in relation to their actions or omissions.
  • Tess Driving School and your driving instructor are not liable to you for any loss or damage caused, and to the extent that:
  • There is no breach of a legal duty owed to you by your driving instructor or Tess Driving School,
  • Such loss or damage is not a reasonably foreseeable result of such a breach,
  • Any such loss or damage, or increase in loss or damage, results from any breach or omission by the learner driver,
  • Any such loss or damage results from circumstances or matters outside the reasonable control of your driving instructor and Tess Driving School.

Tess Driving School and your driving instructor shall not, in any event, be liable for losses relating to any business interest you may have including, without limitation, lost profits, lost earnings, loss of opportunity or business or business interruption.

Nothing in these Terms and Conditions will affect any statutory rights you may have as a consumer.

  • Tess Driving School is covered by appropriate insurance to provide cover, should you be involved in a motor vehicle collision, whilst in control of a Tess Driving School learner driver vehicle.
  • Tess Driving School does not accept responsibility for the loss or damage of your personal property left in a learner driver vehicle.
  • In the first instance, any complaints or problems arising as a result of driving tuition, should be directed to Tess Driving School in writing via the online contact form or via email. All complaints will be investigated ethically and in a timely manner in an attempt to resolve the complaint satisfactorily. Complaints relating to lesson cancellations and financial transactions may require documentary evidence prior to investigation.

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