DAS Terms and Conditions

DAS Course – TERMS AND CONDITIONS

1. These Terms and Conditions should be read and understood as forming a contract (the Contract) between Bikewize MTS Ltd (Bikewize) and the student undertaking motorcycle training with Bikewize (the Student).

2. Road Safety

2. 1. The Student is aware that Motorcycling is a potentially hazardous activity and understands and accepts the risks inherent in the same.

   2. The Student must take every precaution to avoid accidents and prevent injury to themselves or others.

   3. The Student must obey the instructions given to them by the Instructor. If any instructions given are unclear the Student must immediately seek clarification from the Instructor before proceeding.

   4. For health and safety reasons the Student must declare any medical conditions or illness that may affect your ability to control and ride a moped, scooter or motorcycle.

   5. Prior to the commencement of the Course the Student must read, be familiar with and understand the latest edition of the Highway Code. The Student must abide by the Highway Code and will be responsible for any motoring or other offences they may commit.

   6. Bikewize reserve the right to terminate any course where it is of the opinion that the Student does not have sufficient knowledge and understanding of the Highway Code. Under these circumstances no refund of any fees will be given.

   7. The Student must ensure that at all times they are in a fit state to ride safely on a public road and is not under the influence of alcohol or drugs, prescription or otherwise.

   8. Bikewize reserves the right to refuse to start a training session or terminate a training session if the instructor believes, in his or her absolute discretion, that the Student is not able to ride safely. Under these circumstances no refund of any Fees will be given.

   9. The Student agrees not to engage in any rude or aggressive behaviour towards the employees of Bikewize, its students or the general public. Any Student, in the opinion of Bikewize, displaying such behaviour or any behaviour it deems unacceptable shall have their course terminated and will be asked to leave the premises. Under these circumstances no refund of any fees will be given.

   10. The Student agrees to dress appropriately, preferably with their own motorcycle clothing if possible.

Appropriate dress would include;

• Study boots

• A hardwearing Jacket and trousers

• Gloves (preferably leather)

• Waterproofs if rain is forecast or looks likely

Inappropriate dress would include;

• Shorts

• T shirts

• Hoodies

• Jogging bottoms or ripped jeans

• Unsuitable shoes (Trainers cannot be worn to test)

If, in the opinion of Bikewize, the Student has dressed inappropriately for the training, Bikewize reserves the right to cancel the course forthwith. Under these circumstances no refund of any Fees will be given.

2.11 Bikewize will not cancel a DAS Course because of rain or cold weather unless, in the opinion of Bikewize, it is considered dangerous to continue, so the Student is advised to bring appropriate clothing for any inclement weather.

2.12 In the event of bad weather conditions training may be postponed for safety reasons. We will endeavour to contact you should your training needs to be postponed. However, if a Student is unsure whether the training will go ahead they are requested to call our office to check the situation before they travel. As weather conditions are beyond our control the training will be re-scheduled as soon as practicably possible and for a mutually suitable time. Under these circumstances no refund of any Fees will be given. If a Students training is terminated after training has commenced Bikewize will endeavor to re-schedule the training as soon as practicably possible and to a mutually suitable time. Under these circumstances no refund of any fees will be given. Please note that we will only cancel if we think your safety is at risk.

3. Payment and Cancellation

1. 1. At the time of booking a non-refundable deposit must be paid to secure the course dates and test appointments. The balance of payment is to be received no later than 14 days before the first day of training. Should payment be received after this date or not received Bikewize reserves the right to cancel your Course. Under these circumstances no refund of any fees will be given.

   2. Refunds will not normally be made for the DAS course unless 21 days’ notice is given due to the fees charged by the test center, if less than 21 days’ notice is given, refunds will not be given.

   3. Any cancellation of any Course will incur a cancellation admin charge of £100.

   4. Under no circumstances will refunds of fees be given once a course has started.

   5. If you have booked in for a retest on either a Mod 1 and/or Mod 2 once confirmed with yourself these dates cannot be changed under no circumstances. If you cannot make the date you have booked you must give at least 21 days’ notice.

   6. All refunds are given at the discretion of Bikewize.

4. Training

1. 1. Bikewize will provide the Student with such motorcycle training as is agreed between the parties in consideration for the price agreed between the parties.

   2. All of Bikewize’s instructors are approved by the Driver and Vehicle Standards Agency.

   3. Students must hold a current valid driving licence with motorcycle entitlement (provisional or full, as required) which must be produced to Bikewize on the first day of training or at any other time on request. A student must also provide their National Insurance Number in order for Bikewize to check the DVLA website to check whether you have any endorsements on your licence. If the Student is not in possession of a photo driving licence, an additional form of photo identification must be produced. If the required documentation is not produced Bikewize reserves the right to cancel the course. Under these circumstances no refund of any Fees will be given.

   4. On the day(s) of the tests the Student will provide:-

• A current CBT Certificate

• A current Motorcycle Theory Certificate

• Driving Licence

• National insurance Number

If these are not provided then the Student’s test will be canceled and no Refund will be given.

4. 5. Students will not receive training on the day of the test and may ride as a passenger to the test centres.

   6. Students are required to be able to read a number plate at 20 meters as required by the Highway Code. If you need glasses or contact lenses to be able to do this please bring them with you on the days of training. If you can’t read a number plate as set out in the Highway Code then your course will not go ahead. Under these circumstances no refund of any Fees will be given.

   7. Mobiles phones must be switched off during training in the interests of safety and to avoid disruption to you and the others on the course. 

   8. Bikewize will chose which centre the Student’s test will be taken at and these will include but are not limited to Mitcham and Tolworth.

   9. Students are not permitted to book their own tests direct with any test centre without prior consent of Bikewize.

   10. Arriving late or not showing up for your training could result in your whole course being terminated. Under these circumstances your fee will be lost and no refunds will be given.

   11. If you are going to be late for your training you MUST call Bikewize prior to your expected arrival time to notify them of your expected arrival time. This will allow Bikewize to inform the instructor and see if we can wait or whether you will have to wait until the instructor comes back at a convenient time to pick you up so this doesn’t disrupt any other students training.

   12. If you cannot make a training day this day will be lost and will not be moved to another date without incurring a cost to yourself. Should you miss a training day this could mean that your tests will be cancelled as Bikewize will not take a student to test if they are not ready or hasn’t had any practice. This could mean you lose your test fees and will have to pay again.

4. Equipment and Property of Bikewize

5. 1. The Equipment supplied by Bikewize includes but is not limited to:-

– motorcycles which includes mopeds and scooters.

– helmet

– gloves

– radios

5. 2. Any Equipment supplied to the Student is only supplied for the period of taking the Direct Access Scheme Course.

5.3 It is not guaranteed throughout the duration of your training and your tests that you will be provided with the same Motorcycle. You can request a Motorcycle however Bikewize make no guarantee of its availability

5. Liability and Limitation of Liability

5. 1. The extent of liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 6.

   2. Subject to clauses 6.10 And 6.11, the total of any liability of Bikewize shall not exceed the Fees paid under this Agreement.

   3. Subject to clauses 6.10 And 6.11, Bikewize shall not be liable for any loss or damage to any property belonging to the Student or any consequential, indirect or special losses which arise out of or in connection with this Agreement.

   4. Subject to clauses 6.10 and 6.11 Bikewize shall not be liable for any of the following (whether direct or indirect):

1. loss of profit;

2. loss of data;

3. loss of use;

4. loss of production;

5. loss of contract;

6. loss of opportunity;

7. loss of savings, discount or rebate (whether actual or anticipated);

h. harm to reputation or loss of goodwill.

5. 5. All training and Equipment is covered by insurance, however there is an excess of up to £750 for accidental damage and any loss or damage that occurs due to negligence or misuse. The management of Bikewize reserves the right to impose, alter or waive this excess fee according to circumstances relating to any such damage. The Student will be liable for any loss or damage due to their negligence or misuse of the equipment not covered or excluded by the insurance.

   6. A Student is responsible for any damage to a moped, scooter or motorcycle, howsoever that damage is caused, the Student will be liable for that damage. The Student can pay cash in respect of this damage on the day or the Student agrees it will be taken from the card that was provided to us by the Student. 

   7. Any Equipment other than motorcycles loaned to Students and if any of the equipment is returned damaged or defective whilst in the Student’s use then the Student will be liable for the cost of the repair or replacement of the damaged equipment. Students are advised to check all equipment for defects or damage with the instructor on receipt and prior to use.

   8. Bikewize shall not be liable for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Student or by breach by the Student of its obligations under this Agreement.

   9. Notwithstanding any other provision of this Agreement, the liability of Bikewize shall not be limited in any way in respect of death or personal injury caused by the negligence of Bikewize or any other losses which cannot be excluded or limited by applicable law.

   10. The limitations of liability set out in Clause 6 shall not apply in respect of any indemnities given by either party under this Agreement.

5. General

5. 1. Bikewize reserves the right to amend these terms and conditions without prior notice. Please contact our office if you have any questions about our terms and conditions.

   2. All Calls are recorded

   3. The Student confirms that they have read and understood the General Advice for the DAS and acknowledge their DAS course may be cancelled or curtailed if the General Advice is not followed. No refund of fees will be given in these circumstances.