Terms and Conditions
These are our Terms and Conditions and things you need to know before attending a course
IMPORTANT PLEASE READ THIS NOTICE
The following is our terms and conditions. You should read these carefully as they outline where yours (and our) responsibilities lie, and by abiding by them you will avoid unnecessary cost or disappointment. Motorcycle training is complex, and there are many variables, not least that safety is so important. The three or four minutes that it will take for you to read the terms and conditions will me that you will arrive properly prepared and enjoy your training. In addition to the terms and conditions there is a checklist of things to bring, expectations and requirements that can be found on the following page – Important Information. You may also want to look at FAQ’s.
Terms and Conditions
The following terms (1 – 43) should be read and construed as forming an agreement and contract between Lightning Motorcycle Training (the trading name for RD Education Ltd), here after referred to as “Lightning”, and the student or customer here after referred to as “the student”. For the purposes of this contract motorcycle training is deemed to be a leisure activity. “Course” refers to any lesson, session, or course. “DVSA” refers to the Driver & Vehicle Standards Agency who oversee motorcycle training. “Test” or “test centre” refers to where the DVSA conducts Module 1 and 2 motorcycle tests. “Test fee” is the value of the DVSA’s Module 1 or 2 motorcycle test. “CBT” refers to Compulsory Basic Training.
1. All the student’s fees shall be paid in advance of each course. All payments must be made via bank transfer, debit card or credit card (selected cards – not AmEx for example). We do not accept cash or cheques.
2. All courses have been booked based on the information supplied by the student to Lightning. The responsibility for ensuring that these details are correct (including licence entitlements) belongs to the student.
3. In the event of a mechanical breakdown or any other cause beyond the control of Lightning, Lightning reserves the right to re-arrange or rebook any course at the earliest convenient time to the student and to Lightning. Lightning will not be liable for any costs or compensation arising from any re-booking or cancellation.
4. Any course affected by the UK government, its agents, or policies, will not be eligible for a refund and will be re-booked at the earliest convenience of the student and Lightning subject to availability and UK government policy and guidelines.
5. The student/instructor ratio for each course will be at the discretion of Lightning, and Lightning will determine the aptitude of the student for each course. The student will be deemed to be on an A1 Licence course until the student has shown sufficient ability to progress onto the Restricted A2 or Direct Access Scheme (DAS). This does not affect the description of how the course was sold. Lightning reserves the right to use whatever size motorcycle is appropriate for the ability of the student.
6. It is a condition of participating in any course that the student:
(a) Is duly licensed to ride a motorcycle/moped on the public highway in the United Kingdom; the student must have a UK photo card licence and is responsible for ensuring that it has the correct provisional entitlement, and any endorsements are disclosed to Lightning. No licence means the student cannot attend the course, this is a DVSA regulation, and the course fees will be forfeit. EU or foreign licences are not accepted.
(b) Uses a moped/motorcycle, which, if not provided by Lightning, is in good and sound mechanical order, has valid insurance cover and is taxed and that the machine is suitable for the EU 3rd Driving Licence Directive minimum test vehicle (if applicable). And wears suitable, protective clothing, including, in particular, a safety helmet that complies with UK legal requirements, as well as sturdy boots and jeans.
(c) Be able to read a car number plate over a distance of 20.5 metres.
(d) Wears suitable clothing for the weather conditions and glasses/contact lens to comply with 6(c).
(e) Be able to balance and ride a bicycle.
(f) Produces all the correct documentation (originals).
(g) Be physically and mentally fit enough to attend and remain for the full duration of the course.
7. The student must, before commencing the course, make available for inspection by Lighting; the student’s complete current (UK) Provisional/Full Driving Licence. If using the student’s own moped/motorcycle this must be available for inspection along with the student’s moped/motorcycle insurance policy, MOT test certificate (if required), road fund licence (tax) (these last two can be done online) and safety helmet.
8. All mopeds/motorcycles are hired to the student by Lightning. If damage to a moped/motorcycle caused by the student under £50.00 then parts and labour are not charged. The student must pay for any damage more than £50.00, before further training can continue, to Lightning Motorcycle Training. Parts are charged at retail price inc. V.A.T. Labour is charged at £80.00 per hour.
9. If the student cancels the course that the student is booked on, then:
(a) If the student has given written notice of cancellation to Lightning not less than 12 clear working days prior to the date the course (as originally booked at the time of taking payment) is due to start the student will be entitled to a full refund of fees paid (less administration charge see 9(e)) if the course is filled and completed by another student: but if the course is not filled and completed by another student, the student will only be entitled to a refund of fees paid, less a cancellation fee equal to the cost of the moped/motorcycle hire and to 50% of the cost of the Instructors wages.
(b) If the student has not given 12 clear working days written notice of cancellation (from the first day or part of the course), then no refund will be due and all fees will be forfeit.
(c) Any courses booked within 12 days of the course date will not be eligible for a refund.
(d) If the student enters into an agreement for a full licence course (by booking such a course) and has started training (i.e. CBT or theory test) no refund will be given should the student wish to cancel the remainder of the course.
(e) All refunds will be subject to a £60.00 Administration charge in addition to any other cancellation fees.
10. In the event the student is unable to attend a course any re-booking will be charged at a reduced rate of the normal full price cost (except Theory Tests, Module 1 and Module 2 tests which will be charged at full price). There are no exceptions, and Lightning recommends the student takes out private insurance to cover any unforeseen events.
11. Any test or course requested to be moved by the student inside 12 working days must be done in writing. There will be a charge of £35.00 for making any such changes, however Lightning makes no promises or assurances that this can be done (see 9(b)). Any course that is moved from inside 12 working days will not be eligible for a refund if they are subsequently cancelled or the student fails to attend.
12. Guaranteed full licence training is only valid for 3 months from the first day of the original course date and does not include test fee or moped/motorcycle hire. Further training will be required to take a Module 1 or 2 test outside this 3-month period. Any training not taken and completed within 12 months of the payment date is void.
13. Any outstanding credit for courses to be arranged has a monetary value and this value will be applied to whatever is the current course cost or value. Lightning reserves the right to change the cost or value of a course without reference to the student.
14. Courses, or payments for courses, are not transferable, unless by consent of Lightning. Gift Vouchers are non-refundable.
15. Balances for courses are due 7 days before the first part of the course. Lightning reserves the right cancel the course if the balance is not paid on time and the student’s deposit will be forfeit.
16. The student must arrive in plenty of time to allow for the course to start on time. Lateness could result in loss of course fees and will result in loss of fee for CBT courses. Failure to attend will result in loss of fees. It is the student’s responsibility to arrive on time and be ready to start the course at the appropriate time. The start time is at Lightning’s discretion but aims to be no earlier than 15 minutes before the advertised arrival time (found in the student’s booking emails).
17. Lightning accepts no liability for any claim, loss, damage, or expense arising out of the acts or omissions of Lightning, its employees, or agents, unless those acts or omissions are caused by the negligence or wilful default of Lightning, its employees, or agents.
18. The student will be liable to reimburse Lightning against any claim, loss, damage, or expense incurred by Lightning because of a breach of any of these terms and conditions by the student (for example, in failing to maintain valid insurance cover), to the extent which such claim, loss, damage or expense results from such breach.
19. Where the student has booked a Module 2 Motorcycle Test inside 3 working days of a Module 1 Motorcycle Test Lightning shall not be responsible for the loss of fee for the Module 2 Motorcycle Test if, for any reason, the Module 1 Motorcycle Test is not taken or passed.
20. Lightning will determine the aptitude of the student to undertake the training for the Module 1 Motorcycle Test. If Lightning decides the student is not safe, or at risk, the student will not undertake that part of the training. Lightning will not be responsible for any loss of training fees or motorcycle tests (Module 1 and 2) that this may incur. Equally if the student decides not to either train for or undertake the Module 1 Motorcycle Test Lightning will not be responsible for any loss of training or motorcycle test fee this may incur.
21. It is a DVSA condition that all students must be able to understand English to a reasonable level. If the student cannot understand English, then Lightning reserves the right not to train the student and all fees will be lost.
22. These terms and conditions must be signed by the student before a course can start. Where the student is under 18 years of age the terms and conditions must be signed by a parent or legal guardian of the student. Any courses booked online will be deemed to have been booked by someone 18 years of age or older, or by a parent or legal guardian.
23. Radios are not covered by Lightning’s insurance; if they are damaged through the fault of the student then the student is liable to reimburse Lightning in full for the cost of a replacement (£150).
24. The student is responsible to ensure that Lightning is made aware of any changes to the students address, email, telephone, or mobile number. Any losses arising from not being able to contact the student will be the liability of the student.
25. It is the responsibility of the student to ensure that they are properly clothed for the weather conditions. Lightning will not be responsible for any physical discomfort brought on by the student not wearing appropriate clothing. The student must also ensure that they bring with them any food or drink that they feel they may require to attend the course. Lightning will determine whether the prevailing weather conditions are suitable for motorcycle training; any course cancelled by Lightning due to the weather will be rebooked free of charge (and will not be eligible for a refund), but any course not attended by the student due to the student’s opinion of the weather will be forfeit and the fees lost. Lightning will not be responsible if the DVSA decide to cancel a test (for whatever reason). A new test will be provided free of charge, but a course fee must be paid (see 27).
26. Lightning will plan to allow enough time to reach a test centre for a Module 1 or 2 test. If the student is late, is not ready on time, gets lost on route or there are traffic conditions beyond the ability of Lightning to foresee then any test fee lost by lateness will be the liability of the student.
27. Any test cancelled by the DVSA is beyond the control and liability of Lightning. To retake a cancelled test Lightning will follow the DVSA’s Out of Pocket Expense Claim procedure where the student will pay Lightning to re-attend the test and the student subsequently be reimbursed by the DVSA. Lightning is not responsible for what the DVSA will reimburse or how long that process may take.
28. The student or the parent or legal guardian of a 16- or 17-year-old student accepts that the student may be left on their own for up to two hours during Element E (the road ride section of the CBT). Lightning must be made aware in writing of any issues that this may cause at least seven days before the start of the course.
29. The student is responsible for making Lightning aware in writing of any physical or mental issues that may affect the student’s ability to take part in a course. Lightning will make every reasonable effort to accommodate the student’s needs; however, Lightning cannot adjust the size of the motorcycles or mopeds, or the content and duration of some courses (six hours minimum for CBT), or who the other students on the course are or their ability. Lightning can provide training on a one-to-one basis (this is priced at twice the normal cost), but unless otherwise stated all courses will be in a group and it will be at the discretion of Lightning to run the course for the benefit of the group.
30. The student must have read and understood the Highway Code before attending a course. If the student is unable to answer questions from the Highway Code, then Lightning reserves the right not to take the student for training on the road. Any costs associated with this will be the liability of the student.
31. It is the student’s responsibility to ensure that they are medically fit to attend a course. Any mental or physical health issues must be brought to the attention of Lightning in writing seven days prior to the start of the course. Lightning does not discriminate against any mental or physical issues a student may have; however, Lightning may need to make reasonable adjustments to how the course is conducted to accommodate such issues. If the student does not make Lightning aware of their mental or physical health issues Lightning will not be liable for either the outcome of the course or the course fees, or any aggravation of those health issues.
32. Lightning will provide the correct address and start time for each course. Lightning accepts no liability if the student fails to read the correct address or arrives at the wrong time. Course start times and addresses may vary.
33. Courses, unless otherwise stated (such as Personal Tuition) are sold as group courses. The instructor will assess the needs of the student as part of this group course. The level of ability for each course is described by Lightning. If the student falls significantly below this level, then Lightning reserves the right to proceed with the course without the student. For CBT courses this may mean that the student does not move on to new element, and when the course reaches element E (the road section) the student will be asked to leave. See 29. The student may need to pay for further training to complete the course. The student accepts that the amount of training they require to achieve a CBT or full licence depends entirely on their own ability and rate of learning. Lightning accepts no liability and makes no promises for how long this may take or cost.
34. Lightning does not automatically provide the same instructor or motorcycle/moped for each course. If the student wants a specific instructor or motorcycle, then they must specify in writing at the time of booking. Lightning will not be liable in the event this is changed through events beyond its control (for example if the instructor goes sick). For the purposes of training an “automatic” may be a 50cc or 125cc at Lightning’s discretion; this does not affect how the course was sold.
35. Lightning uses a variety of different DVSA test centres. Lightning will not be liable if the DVSA test centre is changed. The student may request a test centre, and Lightning will do its best to accommodate this request, but it is not a contractual obligation and Lightning will not be liable if it is changed.
36. Lightning provides motorcycle jackets, helmets, and gloves. However, the supply is not limitless, and the sizes range from XS to XL. Lightning recommends that the student brings their own equipment. The student must provide their own boots and jeans for all courses (see 6(b)). The student must provide their own motorcycle clothing and equipment if they wear off-the-peg clothe sizes (including either very small or large helmets). Lightning will not be liable if the equipment provided does not fit, and the course fee may be forfeit. It is a DVSA requirement to wear the correct clothing, and it is at Lightning’s discretion as to what is suitable. It is the student’s responsibility to enquire in writing seven days before the start of the course if they have any questions relating to clothing (particularly if they have a disability that affects what they can wear).
37. Lightning is not responsible for the weather conditions or for the accuracy of the weather forecast. As such Lightning reserves the right to decide about the weather at its discretion. This may include cancelling a course shortly before it starts. Lightning will not be liable for any costs this may incur to the student or third parties. Lightning’s decision will be based on road safety.
38. Lightning will treat all students equally and make no discrimination based on sex, race, identity, culture, disability, or any other protected categories. Where adjustments need to be made to accommodate the training (for example deafness) then it is responsibility of the student to inform Lightning in writing seven days before the start of the course. Lightning (its business reputation, employees, and staff) will not tolerate any verbal or physical abuse, swearing, haranguing, falsehoods, threatening behaviour, or threatening communications, and reserves the right to terminate the contract with the student; any outstanding course fees will be forfeit.
39. If the student has a complaint, then this must be done in writing. All complaints must be factual and supported by evidence – Lightning will not respond to threats. Any comments about the complaint made on social media before the complaint’s procedure is concluded will invalidate the complaint. See 41 for timescales.
40. Lightning provides standard motorcycles and mopeds for training (currently Suzuki SV650, Honda CB500F, Honda SH350, Honda CB125F, Honda SH125 and Super Soco CUX). It is the student’s responsibility to ensure that they are physically able to fit on these models. Lightning will not be liable if the student is unable to take the course if they do not fit the motorcycle/moped provided. The student is at liberty to provide their own motorcycle/moped provided it is road legal and meets the requirements of the course they are taking (as defined by the DVSA – see 6(b)). Lightning reserves the right to change this list of models without reference to the student.
41. Lightning operates its office between the hours 7:30am to 5:30pm Monday to Friday and 7:30am to 4:30pm on Saturdays. The office is closed on Christmas Day, Boxing Day and New Years Day. Lightning will not be liable for any communications it receives outside these hours or days. Please see www.lightningpass.com for our Customer Service Pledge for response times.
42. By signing these terms and conditions the student acknowledges that they have read the contents of this document and all the correspondence it receives from Lightning in full. A failure to follow Lightning’s policies and procedures or read Lightning’s communications will make the student liable for any subsequent losses.
43. Lightning will provide motorcycle training to the best of its ability in line with the DVSA’s guidelines and procedures. Lightning will provide a motorcycle/moped suitable for this purpose (where one has been booked). Lightning will provide correctly qualified and supervised instructors for each course. Lightning will communicate with the student via text, email, and phone to help progress the course. Student’s will be provided with Student Record Cards (where appropriate) to chart the student’s progress. Lightning is not for profit and any charges made by Lightning are made to cover the cost of the business (such as rent, wages, capital costs, etc.). The ratio of student to instructor will be legal. Lightning will provide radio communications. Lightning will provide a legal training area. Lightning will undertake all courses with road safety as its primary goal.