ProScot Terms and Conditions

ProScot Rider Training and the Contract

All motorcycle training and courses are operated by ProScot Rider Training, trading as ProScot Limited, whose registered office is Barclay Court, Carberry Road, Mitchelston Ind Est ("ProScot Rider Training" / "We"). The "Pupil(s)" / "You" is / are the person(s) confirmed on the course confirmation letter. "Force majeure" is any situation beyond the control of ProScot Rider Training Ltd, which can be, but is not limited to, war, terrorist activity, natural disaster, civil strife, adverse weather or road conditions, fire, bureaucratic obstacles, changes in schedules by the Driver and Vehicle Standards Agency ("DVSA").

ProScot Rider Training reserves the right to decline any booking at their discretion. The Pupils(s) are required to sign a copy of the terms and conditions and a release and waiver form.

Variation of the terms of this contract is only valid if done so in writing and signed by both the Pupil(s) and an authorised representative of ProScot Rider Training. The contract and all matters arising from it are subject to Scottish law and the exclusive jurisdiction of the Scottish Courts. In the event that any of the provisions of this contract shall be determined by any Court to be invalid, unlawful or unenforceable to any extent then such provision shall to that extent be severed from the remaining provisions of the contract, which shall continue to be valid and enforceable.

Motorcycling is potentially hazardous. You should be aware of this. We will take all reasonable precautions to ensure your safety whilst you are training with us, however you should also do your best to prevent injury or accident to yourself or others. Do as your instructor tells you. If you are unsure about anything get it clarified before carrying on.

Your safety and responsibilities

1. Statistics show that motorcycle riding, by its very nature, involves a high degree of risk that can lead to personal injury or death. When booking a course or a lesson, pupils must accept these attendant risks and hazards.

2. You are responsible for always acting in accordance with the directions and advice given to you by your instructor during your training sessions. You are also responsible for making sure that you are adequately dressed and protected for motorcycle riding. You are obliged to inform us of any physical or medical condition or otherwise that could adversely affect safety or training.

3. You must bring your UK driving licence with you for all your training. If you have an old style paper driving licence you must also provide a valid passport. It is your responsibility to ensure that your UK driving licence is valid and in your possession for training. Should your licence not be valid or you do not bring it to the course, then we cannot hold your course and you are not entitled to a refund.

4. If you have booked a Direct Access Course, the decision to upgrade you to the big bike rests solely with your instructor. On rare occasions, pupils may not reach the level of skill required to upgrade to the big bike within the timescales of a normal course or to complete the CBT. If such a situation arises, your instructor will explain the alternatives to you. Certain options may mean additional training or extra DVSA test costs to you and are subject to instructor availability, which is not guaranteed. No refund will be made if you are not able to complete your CBT or Direct Access Course. No refund will be given to any student who cancels a training session mid-way through or walks of the course; any guarantees will also be invalidated.

5. For Direct Access courses, ProScot Rider Training will not upgrade you to a big bike unless we are completely satisfied that you are able to handle the machine safely. If for whatever reason, you do not handle a big machine safely, then we reserve the right to downgrade you to a 125cc machine. No refund will be made.

6. For other courses, ProScot Rider Training will not upgrade you to a big bike unless we are completely satisfied that you are able to handle the machine safely, irrespective of the chosen bike that you may wish to ride.

7. ProScot Rider Training reserves the right to cancel any tuition should there be a suspicion that the Pupil is under the influence of drink or drugs or if the Pupil is not legal to ride on the road (eg you fail an eye test).

8. ProScot Rider Training also reserves the right to stop tuition at any time when the Pupil is not safe on the road and is not acting in accordance with instructions. No refund of fees will be made in such a situation.

9. If you are supplying your own machine to train on, it is your responsibility to ensure that it meets with all legal requirements for being on the road. Should you arrive for training on a machine that is not legal; your instructor will not be able to conduct any on-road training. In such a scenario, your fee will not be refundable and you will be required to re-book and pay for any additional lessons. Also, be aware that in the event that you use an illegal machine on the road, our insurance policy will not be valid.

10. If you incur any penalties or fines whilst riding ProScot Rider Training hire bikes, due to your manner of riding on the road, the responsibility for settling this rests with you.

11. Damage to motorcycles: If you have an incident on one of our motorcycles and cause damage as a result, ProScot reserve the right to charge for any damage caused. Payment of a damage waiver fee of £10 on a CBT and £20 for a DAS course will negate the need for any charges no matter what level of damage is caused or the number of incidents.

Payment & Cancellations

11. At the time of booking a deposit must be paid to secure the course dates and test appointments. This also applies to re-tests, dates are only provisional until full payment is received, payment for re-tests must be received within a minimum of 5 clear working days before the test date, this does not including weekends and B&P holidays.

12. Once we have received your full payment your course dates will be confirmed, training dates may be lost if full payment not received. The balance of payment is to be made no later than 14 days before the first day of training, if payment has not been received within 7 full working days the course may automatically be cancelled without notice. For bookings made within 14 days of the full course payment is due straight, this also applies to test fees and any re-tests.

Once a training schedule has been confirmed, if a change is required a fee of £25 is payable to cover administration costs and time.

13. ProScot require as much notice as possible for cancellations so that someone else can use the training time. Refunds will not normally be made unless 14 days notice is given. If less than 14 days notice is given, refunds will only be given if the training time can be resold. Minimum cancellation for CBT is 7 working days. If you fail to give the required notice, fail to attend, then payment of this invoice will still be due and must be paid for within 3 working days of the start date of the course.

14. All cancellations must be received in writing at ProScot Ltd, Barclay Court, Carberry Road, Mitchelston Industrial Estate Kirkcaldy. We cannot offer a refund on courses already started.

15. We regret that deposits and course fees cannot be refunded barring exceptional circumstances at the descretion of ProScot Rider Training, Gift Vouchers are not redeemable for cash.

Requirements For Training

16. All training and equipment is covered by our insurance, however there is an excess of £400 for accidental damage and any loss or damage that occurs due to negligence or misuse which must be paid for in full up to the excess cost, this excess can be waived by payment of a damage waiver fee currently £10 for a CBT and £20 on either a restricted access or direct access course. Once payment has been received, you are absolved of any damage you may cause to our training bikes during training.

17. Compulsory Basic Training (CBT) normally takes place over one day and the price is set to reflect this. In the interests of safety, the normal Non-Guarantee CBT rate applies thereafter if you are unable to reach the required standard on the first visit. On the Guaranteed CBT course you will be asked to return for another visit free of charge. The normal Guaranteed CBT rate applies thereafter if you are still unsuccessful. Students who terminate a CBT training session are not entitled to any refund and will invalidate any Guarantee.

18. The Guarantee option on our Full Course provides for a total of 3 attempts maximum at Mod 1 and a total of 3 attempts maximum at Mod 2 within a 4-month period of the first Mod 1 attempt. ProScot Rider Training will provide you with a pre-test warm up and use of motorcycle for each test, if additional training is required this must be paid for at the normal hourly rate. You are responsible for test fees incurred. Normal hourly rates apply thereafter.

Students who terminate a Part 2 training session are not entitled to any refund and will invalidate any Guarantee

19. Try and get good nights sleep the night before training and avoid alcohol consumption or drug abuse. In the interest of safety if our instructor believes the student is under the influence of either alcohol or drugs the course will be terminated and all course fees will be forfeited.

20. Bring with you all relevant documentation with you on your first day. If you are doing a CBT course this will be your driving license, which must have provisional motorcycle entitlement (Category A) unless you only plan to ride a moped (Category P). Failure to bring these documents shall terminate your lesson and forfeit the days training fee.

21. If you plan to use your own bike for any course then bring with you all relevant paperwork and your bike to be in a roadworthy condition with an up to date tax disc and L plates clearly displayed. Failure to bring these documents shall terminate your lesson and forfeit the days training fee or test fees.

22. When doing training with a DVSA test at the end of it, you will need your driving license or a valid passport if old type of license, CBT certificate, theory pass certificate and Module 1 pass certificate if applicable.

23. In the event of adverse weather telephone to ensure the course has not been cancelled. Driver and Vehicle Standards Agency test dates are subject to confirmation and alteration, ProScot accept no responsibility for any unforeseen changes made by the driving standards agency. If test dates have to be rescheduled due to adverse weather conditions or other extenuating circumstances we will reschedule to the next available date. Refunds or compensation cannot be given for reschedule regardless of circumstances.

Customer Attitudes

24. ProScot is a road safety Company and shall not tolerate students that do not display the right attitude to train in a safe manner with other students, general public or instructors either in the car park or out on the road. The Instructors word shall be final in all of these matters. If the course has to be terminated due to attitudes or general behaviour, fees shall be forfeited. Additional training may at the companies discretion, be arranged at the students full expense.

25. Your eyesight will be checked by the instructor with the legal requirement set at 20.5 meters distance with letters 79.4mm high. If contact lenses or glasses are required customers have to wear them throughout their whole course. Failure to meet shall forfeit the day's course.

26. Attendance. You must attend at the correct times and dates booked. You must bring your driving licence before attending your CBT or Theory test . You must bring your CBT certificate, motorcycle theory pass certificate and Mod1 pass certificate (where available) on test day, your test will be cancelled if these documents are not available. We cannot offer refunds or compensation for lateness (15 minutes) for courses for CBT days (15 minutes); this applies to missed training sessions or test.

General

27. All the training courses will be matched to the students' skills and abilities. It is inevitable that people will take different lengths of time to reach the required standards. It is really important therefore that all course fees are paid to ProScot Rider Training on the understanding that ProScot Rider Training reserves the right to re-schedule courses. Refunds cannot be given for test fees once the cancellation date has been passed.

28. We urge you to please notify us as soon as possible if you are unlikely to be able to make a test as it may incur additional costs. Only in exceptional circumstances can a course or test fee or part of it be refunded and in any case a written request will need to be made.

29. It is our role to teach all our students to the best of their ability but ultimately it is the student's responsibility to take on the role to learn. We recognise of course that until a student embarks on a course they may not have a perception of the required standards or their abilities and this can be daunting at times for some. We will give every assistance we can to make sure that the learning process is an enjoyable one.

30. ProScot Rider Training is committed to delivering exceptional coaching to all of its students and as such will give due assistance to the student to help them achieve the goal of riding a scooter or motorcycle to any level they require.

31. The instructor's decision is always final and in no circumstances will the instructor compromise either the safety of the student, other students or other road users.

32. Where a course cannot be completed in the interests of public safety, alternative dates for the course will be offered. As alternative dates will be offered we cannot provide a refund.

33. All motorcycling courses are entered into on the basis that the student wants to develop the skills to ride a motorcycle to the best of their ability. In the event that students find particular difficulty in achieving their aims, we will happily discuss required courses of action with our students.

34. We will not discuss our students training needs with third parties excepting that they too are professional trainers or that training needs would be fully understood by the third party, and only then with the permission of the student. This understanding would be impossible without specific knowledge of the content of courses, required standards, training required etc. and a full understanding of the skill level of the student.

35. Motorcycling is potentially a higher-risk activity than driving. The rider is potentially at greater risk whilst riding a motorcycle compared to driving a car. The right training can significantly reduce this risk to lower levels than driving. The wrong training though can increase the risk. It is up to the rider to continue the learning process beyond CBT and DAS and to choose suitably qualified people. No responsibility can therefore be accepted for injuries or collisions occurring outside of the training environment with ProScot Rider Training.

36. There is an inherent risk in riding a motorcycle and it is the responsibility of the student to accept this risk. ProScot carries insurance for the business on this understanding.

37. ProScot Rider Training may have various options and offers available at any time throughout a year. These options are designed to specifically help with the coaching of the students we reserve the right to amend these at any time without notice although in practise every effort will be made to ensure the offer or option is fulfilled. If the offer cannot be fulfilled a comparable offer will be provided.

Code of Conduct

38. Your trainers will take all reasonable care to coach each student in accordance with the relevant syllabus.

39. ProScot Rider Training will not intentionally mislead or misinform any party associated with ProScot Rider Training. If there is a misunderstanding we will address any issues on its merits. Any parties who feel particularly aggrieved must refer to the Complaints Procedure for resolution of the misunderstanding.

40. Your trainers will behave in a professional manner at all times and in accordance with the industry's code of conduct. ProScot Rider Training is signed up to the Code of Conduct set out by the Driver and Vehicle Standards Agency (DVSA).

41. Your trainers will not discriminate against any student on grounds of race, colour, religion, age or gender.

42. Trainers and students will not be subjected to or act in a way that would be likely to bring themselves or the industry into disrepute.
43. ProScot Rider Training offers a very high standard of coaching. At all times, trainers will endeavour to maintain these standards.

44. Our terms and conditions will change in response to market forces. We reserve the right to make any changes necessary to continue our operation effectively without giving prior notice. Please contact our office if you have any questions about our terms and conditions.

Liability

45. Although every effort is made to ensure your safety during your course / lesson, you must realistically accept that there is a possibility that an accident may occur that causes loss, damage, expense, personal injury or death to you. Unless shown to be negligent, your instructor and / or ProScot Rider Training is not liable to you for any expenses, loss, damage personal injury or death as a result of any accident that may occur.

46. In any event, our liability is limited to any damage caused to the Pupil by our failure to perform the contract or by our improper performance of the contract unless the failure or improper performance was the fault of the Pupil or any other third party or was due to unusual or unforeseeable circumstances which could not have been avoided and this liability is limited to the price paid for the training course.

Complaints

47. If the Pupils(s) have a complaint about the training course, in the first instance the Pupil(s) must inform the Chief Instructor as soon as is practical, so that remedial action can be taken if possible. Thereafter, the Pupil(s) must make the complaint in writing within the first 30 days of the training course finish date, sending it to:

ProScot Ltd
Barclay Court
Carberry Road
Mitchelston Industrial Estate
Kirkcaldy
Fife

KY1 3WE

Your Statutory Rights

Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods or services provided. ProScot instructors have a statutory obligation to provide you with goods and services fit for the purpose for which they were bought and as described. Similarly, any goods supplied by the ProScot Booking Office must also be fit for the purpose for which they were bought and as described. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizen's Advice Bureau