Terms and Conditions

(1) Mayfair Search Group Ltd (“We” or “Mayfair”) is a private company limited by shares incorporated and

registered in England and Wales on 19 October 2011 under company number 07815362 whose registered

office is at 152 City Road, London, EC1V 2NX.

(2) ————- (“You” or The Trainee”) of —————————–

1. DEFINITIONS

a. ‘Contract’ means this agreement.

b. ‘School’ means New Wave Driving School or some other driving school controlled by Mayfair.

c. ‘Trainee’ means the person with whom the Contract is made.

d. ‘Relevant Qualification’ means any licence or qualification to drive, obtained pursuant to the

e. ‘Work’ means any role utilising a Relevant Qualification and which has been obtained by the Trainee

successful completion of the Programme.

by Mayfair having acted in the capacity of an agent or recruiter in facilitating the Trainee being

offered the role, whether the role be employment, self-employment, or some other contractual role

and whether on a full-time or part-time or permanent or temporary basis.

Trainee and/or the recruitment of the Trainee into Work pursuant to this agreement.

f. ‘Programme’ or ‘Services’ means the training and instruction undertaken by the School for the

g. ‘Conditions’ mean the terms and conditions set out in the Contract.

h. ‘Writing’ includes emails. When we use the words “writing” or “written” in these terms, this includes

emails.

2. THE TERMS

2.1 What these terms cover. These are the terms and conditions on which we supply Services to you.

2.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we

will provide services to you, how you and we may change or end the Contract, what to do if there is a

problem and other important information. If you think that there is a mistake in these terms, please contact

us immediately to raise your concerns before signing the Contract.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 Who we are. We are Mayfair Search Group Ltd, a private company limited by shares incorporated and

registered in England and Wales on 19 October 2011 under company number 07815362 whose registered

office is at 152 City Road, London, EC1V 2NX.

3.2 How to contact us. You can contact us by telephoning our consumer service team at

info@mayfairsearch.com or on 0203 714 1580 or by writing to us at Green Park House, 15 Stratton Street,

London, W1J 8LQ.

3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the

email address or postal address you provided to us in your order.

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4. OUR CONTRACT WITH YOU

4.1 How we will accept your order. Our acceptance of your order will take place when we write to you to

accept you as a Trainee on the Programme and this Contract will then become binding between us.

4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will

not charge you for the Services. This might be because of unexpected limits on our resources which we

could not reasonably plan for or because a credit reference we have obtained for you does not meet our

minimum requirements, or because we have identified an error in the price or description of the Services.

5. YOUR RIGHTS TO MAKE CHANGES

Once this Contract becomes binding it will not ordinarily be possible to change it. However, if you wish to

make a change to the Services please contact us in writing. We will let you know if the change is possible.

If it is possible we will let you know about any changes to the price of the Services, their timing or anything

else which would be necessary as a result of your requested change and ask you to confirm whether you

wish to go ahead with the change. Any change must be set out in writing before it is binding on the Parties.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the services.

6.2 The precise details of the Programme (including dates and times of appointments, lessons and courses of

instruction and test appointments) may be altered from time to time at our absolute discretion. In such

circumstances we shall use our best endeavours to give prior notice to the Trainee but are not bound to do

so.

6.3 We may change the Services:

(a) to reflect changes in relevant laws and regulatory requirements;

(b) to implement minor technical adjustments and improvements, for example to address a

security threat;

(c) where, in the opinion of the School, the Trainee is experiencing training difficulties on a class of

vehicle, we may change the class of vehicle as we deem necessary and appropriate.

7. PROVIDING THE SERVICES

7.1 When we will provide the services. You must adhere to the terms of attendance (below) and not frustrate

the Services in any way.

7.2 We will maintain motor insurance for you provided that you strictly observe the terms and conditions set out

in this Contract and adhere to the Programme.

7.3 Vehicles: Without prejudice to any of the other conditions hereof in the event of the School’s vehicles

used at the time by the Trainee during the programme suffering mechanical breakdown or defect the

School will provide a substitute vehicle and additional training to the extent of time lost by the Trainee. In

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the event of a driving test not proceeding in whole or in part as a result of the defects in a School vehicle, a

further driving test will be booked by the School at no charge to you.

7.4 Instructors: We will use appropriately qualified or experienced instructors.

7.5 We are not responsible for delays outside our control. If our performance of the services is affected by

an event outside our control then we will contact you as soon as possible to let you know and we will take

steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the

event.

7.6 Reasons we may suspend the services. We may have to suspend the services to:

(a) deal with technical problems or make minor technical changes;

(b) update the services to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the services as requested by you or notified by us to you.

7.7 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending

the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer

than 1 calendar month in any 3 months we will adjust the price so that you do not pay for services while

they are suspended.

7.8 We may also suspend the services if you do not pay. If you do not pay us for the services when you are

supposed to under this Contract and you still do not make payment within 28 days of us reminding you that

payment is due, we may suspend supply of the products until you have paid us the outstanding amounts.

8. YOUR RIGHTS AND OBLIGATIONS UNDER THE CONTRACT

8.1 You agree that you will ensure you are able to undertake the Programme in that:

(a) Your eyesight meets the standard required by law for the driving of road vehicles.

(b) You are in sufficiently good health and free from any physical disability so that you are not

unsuitable or it is not dangerous for you to drive or be under the control of any road vehicle.

(c) you hold and are able to produce on demand an original copy of a current and valid driving

licence and counterpart driving licence authorising you to drive any road vehicle you are

required to drive in undertaking the Programme.

(d) You are able to produce original documents confirming identity.

(e) You do not have any criminal conviction or other legal impediment preventing you from being in

control of a motor vehicle on the public highway and that there is no prosecution or other action

pending in this respect.

(f) you are of the appropriate legal age to drive the particular vehicle intended for us under the

Programme.

9.

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9.1 You agree that you shall:

(a) Have at the School at all times when undertaking Services, a current and valid driving licence

and counterpart driving licence and to have such driving licence in his possession at all times

whilst attending for all training and driving tests.

(b) Report to the instructor or examiner (as the case may be) any default or defect or lack of

roadworthiness of which he becomes aware in a School vehicle as soon as he comes so

aware. No refunds or substitute appointments shall be made to or for the Trainee in the event

of breach of this clause.

(c) Be available between the hours of 6.00am and 8.30pm during the Programme course for

training in respect of the hours required by the Programme unless having supplied us with 24

hours written notice.

(d) At the conclusion of each attendance ascertain the time of the next appointment.

(e) Be punctual, hardworking and diligent.

(f) Not consume any alcohol or other intoxicating substance in respect of which the law prohibits

the use of whilst driving motor vehicles.

9.2 It is your responsibility to exclusively use the vehicle from time to time provided by the school for use in

respect of the Programme.

9.3 You will be provided with appropriate facilities for use during the Programme in compliance with the terms

of this Contract.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 You can end the Contract before the services have been supplied and paid for but in some circumstances

we may charge you certain sums for doing so, as described below.

10.2 Any cancellation of this Contract by you must be made in writing with 3 clear days notice of your intention

to cancel the Contract.

10.3 In the event you cancel this Contract (for whatever reason) prior to the commencement of the Programme

any fee (meaning pre-payments, part-payments or invoices) shall be credited or refunded as applicable by

the School less the percentage amount stated in the Refund Policy contained in this clause or a minimum

fee of 10% of the initial deposit whichever is the greater to compensate the school for time cost and

administration incurred in formulating the programme and reserving the programme for the trainee.

10.4 If you cancel this Contract in accordance with these terms, we may give you a refund of 100% of the

purchase price if cancelled within 7 days of booking and paying a deposit for the programme. After 7 days

of booking the programme we will not provide a refund.

10.5 All refunds are subject to a £50 administration fee.

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10.6 What happens if you have good reason for ending the contract. If you are ending the contract for a

reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any

services which have not been provided or have not been properly provided. The relevant reasons are:

(a) we have told you about an error in the price or description of the services you have ordered

and you do not wish to proceed;

(b) there is a risk the services may be significantly delayed because of events outside our control;

(c) we suspend the services for technical reasons, or notify you are going to suspend them for

technical reasons, in each case for a period of more than 3 months; or

(d) you have a legal right to end the contract because of something we have done wrong.

10.7 What happens if you end the contract without a good reason. Unless you have a right to end the

contract immediately, the contract will not end until you have completed the training.

10.8 Where you end the Contract without good reason, you will be liable to compensate us.

11. YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT

11.1 If you end the contract without good reason, you will have to pay for the Services for their duration as

originally agreed.

11.2 We may recover our costs from you if you do not pay. If you do not pay us for the services when you

are supposed to under this Contract and you still do not make payment within 28 days of us reminding you

that payment is due, we may seek to recover the remaining money you owe to us for the Services agreed

under the Contract, whether or not you continue to use the Services and we will charge an additional 20%

of the remaining amount owed under the Contract, which reflects the amount it will cost us to recover

payment by instructing a lawyer or debt recovery agent.

11.3 Should you not make payment after having been contacted by a lawyer or debt recovery agent, you agree

you will be liable to pay our reasonable costs and expenses incurred in taking court action to recover or

attempting to recover any outstanding monies in arrears under the Contract, including any reasonable

costs incurred from drafting a claim or paying an advocate to attend court.

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 28

days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is

necessary for us to provide the services, for example if you:

i. fail to submit the correctly completed application from;

ii. fail to pay the appropriate fees to the Department of Transport

(c) you act unlawfully or your conduct on the programme is disruptive or disobedient;

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(d) we discover you are not physically fit to continue the Programme or take the test;

(e) we discover any act matter or thing affecting or likely to prejudice or increase the premiums for

or render voidable the School’s insurance whether in respect of public liability or the Trainee’s

safety when under instruction or in control of a vehicle or in respect of the School premises,

vehicles or property.

(f) you are continually absent and fail to attend the programme in accordance with this Contract.

12.2 Where we cancel the Contract we will provide a refund but will not be liable to return any deposit held.

13. ATTENDANCE

13.1 A copy of the Programme will at all times be available for inspection either on public display within the

School premises or in a place from time to time as we will notify.

13.2 It is your responsibility to check and inspect this Programme and to know what is expected from you in

terms of your attendance on the Programme. If you are unable to locate a timetable you must contact us

and ask about your required attendance.

13.3 Unless we notify you in writing, you will make yourself available and attend the Programme between the

hours of 6am and 8.30pm (within which daily period of hours the displayed or notified timetable will indicate

the actual required hours of attendance on any particular day during the Programme course).

14. NON-ATTENDANCE

14.1 If you fail to attend for the whole or part of the programme we reserve the right to charge you for such non-

attendance at current rates.

15. RECRUITMENT AND EXCLUSIVITY

15.1 Following your successful completion of the Programme, and obtaining the Relevant Qualification, we may

but are not bound to arrange Work for you.

15.2 You have no obligation to take up any offer of Work. However, you agree you will not take up any work or

employment elsewhere, whether through another agency or recruiter, or directly by an employer or

otherwise, which can only be obtained by virtue of your having the Relevant Qualification, unless:

(a) we are unable to place you in Work or;

(b) whether or not we are able to place you in Work, you have paid in full for the Services under

this Contract and no monies are owed or owing to us.

16. IF THERE IS A PROBLEM WITH THE SERVICES

16.1 How to tell us about problems. If you have any questions or complaints about the services, please

contact us. You can contact us by telephoning our customer service team at info@mayfairsearch.com or

on 0203 714 1580 or by writing to us at Green Park House, 15 Stratton Street, London, W1J 8LQ.

17. SUMMARY OF YOUR KEY LEGAL RIGHTS

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17.1 This is a summary of your key legal rights. These are subject to certain exceptions.

The Consumer Rights Act 2015 says:

(a) you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill,

or get some money back if we can’t fix it.

(b) if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.

(c) if you haven’t agreed a time upfront, it must be carried out within a reasonable time.

17.2 Our guarantee in addition to your legal rights. We offer the following goodwill guarantee which is in

addition to your legal rights and does not affect them. In the unlikely event there is any defect with the

services we will use every effort to repair or fix the defect free of charge, without significant inconvenience

to you, as soon as we reasonably can. If we fail to remedy the defect by this deadline we will refund the

price you have paid for the services.

18. EXCLUSION OF LIABILITY

18.1 We are responsible to you for foreseeable loss and damage caused by us. But we are not responsible for

any loss or damage that is not foreseeable.

18.2 We are not liable for business losses. We only supply the services for private use. If you use the services

for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of

business, business interruption, or loss of business opportunity.

18.3 We are not liable for consequential loss however arising.

18.4 We shall not liable for the acts or omissions of instructors carrying out Services.

18.5 We are not responsible or be liable for any damage to or loss of personal property you leave at the School

premises or within the School vehicles.

18.6 We shall not be responsible for any delay in the completion of the Programme beyond any time period

stipulated in the Contract and it is agreed that time is not of the essence in that regard.

19. PRICE AND PAYMENT

19.1 The price of the services (which includes VAT) will be the price set out in our price list in force at the date of

your order unless we have agreed another price in writing.

19.2 Payment of the appropriate fee by cheque shall not be treated as payment until the cheque has been

cleared and are bank account in cleared funds.

19.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the

date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for

the services in full before the change in the rate of VAT takes effect.

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19.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to

let us know and we will not charge you interest until we have resolved the issue.

19.5 Payment of deposit

19.6 Any deposits or part payments made on account of a Programme shall not be refundable if you fail to take

up or complete the Programme.

19.7 Upon written request (accompanied by such proper documentary evidence as shall be necessary) we will

permit a deposit or part fee payment to be transferred to the credit of another person accepted as a

Trainee subject to the condition that a new contract has been entered into by that other person.

20. HOW WE MAY USE YOUR PERSONAL INFORMATION

20.1 How we will use your personal information. We will use the personal information you provide to us to:

(a) provide the services;

(b) process your payment for such services; and

(c) if you agreed to this during the order process, to inform you about similar products that we

provide, but you may stop receiving these communications at any time by contacting us.

20.2 We may pass your personal information to credit reference agencies. Where we extend credit to you

for the services we may pass your personal information to credit reference agencies and they may keep a

record of any search that they do.

20.3 We will only give your personal information to other third parties where the law either requires or allows us

to do so.

21. OTHER IMPORTANT TERMS

21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under

these terms to another organisation. We will contact you to let you know if we plan to do this.

21.2 You may only transfer your rights under our guarantee to someone else. You may only transfer your

rights or your obligations under these terms to another person with our written consent. We may withhold

our consent at our discretion.

21.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of

these terms operates separately. If any court or relevant authority decides that any of them are unlawful,

the remaining paragraphs will remain in full force and effect.

21.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately

that you do anything you are required to do under these terms, or if we delay in taking steps against you in

respect of your breaking this contract, that will not mean that you do not have to do those things or prevent

us taking steps against you at a later date. For example, if you miss a payment and we do not chase you

but we continue to provide the services, we can still require you to make the payment at a later date.

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21.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are

governed by English law and the exclusive jurisdiction of the English courts.