Terms and Conditions

Definitions

1. Contract

You must be 18 or over to use our Service or, if you are under 18 You must have obtained the approval of a person with parental responsibility before using our Service.

Our acceptance of your order will take place when You have entered the required details and made the appropriate payment on our website and received a confirmation email from us, at which point a contract will come into existence between You and us.

2. Your Responsibilities - VERY IMPORTANT

A. Information you must provide

In order to enable us to provide the Service, it is CRITICAL that You provide us with :

• (1) Your driving licence number
• (2) Your driving test booking number OR your theory test pass number
• (3) Your name, email & mobile telephone number
• (4) Dates on which You are available to take a practice driving test
• (5) The test centres (max 3) at which You wish to take your practice driving test.
• (6) Confirmation whether You wish to be booked automatically on an available test slot or not

It is your sole responsibility to ensure that the above information is accurately communicated to us. If any of the above details are incorrect (because of an error on your part, a change of plan on your part or for any other reason whatsoever), we will accept no responsibility for any loss You may suffer.

You hereby accept that in such circumstances any payment You have made to us is equal to an administration charge for the Service provided and will not be refunded. In such circumstances You accept that You will be solely liable for any fees or penalties charges levied against you by DVSA or any other body.

B. Authority to use information

You hereby expressly authorise us to use the information provided in A. above for the purposes of providing the Service. In particular, You allow us to use your driving licence number to access your current driving test booking. You also allow us to use your mobile telephone number and/or email address for the purposes of sending You proposed alternative booking slots or otherwise communicate with you in relation to the Service.

C. Choice of booking

1. Our Service provides You with a choice of Automatic Booking or Manual Booking.

Automatic Booking. If you opt for Automatic Booking, We will use the information provided to us by You at the time of contracting our Service (being the dates and test centres you chose) to automatically book a place for You. We will not refer back to You before making the booking. By opting for Automatic Booking, You hereby authorise us to book without further reference to us a driving practice test slot on your behalf on a date and at a test centre You informed us of at the time of entering into the contract for the Service with us. We will inform You by telephone text message as soon as possible after the booking has been made.

We accept no responsibility for any loss whatsoever if you fail to attend the booked appointment. Once the Automatic Booking has taken place, the Service has been provided and the advertised fee for the Service is due and payable. If You inform us that the booking slot made is not suitable after the Automatic Booking has taken place, You must enter into a new contract for Service with us in order to obtain an alternative practice driving test booking slot. It is your responsibility to cancel the appointment made by us on your behalf by logging into your account and make the appropriate changes. Making any such changes is not part of the Service. We do not accept any responsibility for loss if you fail to cancel the appointment reservation we made on your behalf.

Manual Booking. If you opt for Manual Booking, We will use the information provided to us by You at the time of contracting our Service (being, amongst others, the dates and test centres you chose) to locate a practical driving test slot for You. As soon as We have located a booking slot, we will notify you by telephone text message on the telephone number You have provided to us. In the telephone text message, We will inform You of the available booking slot details. In order to have any chance to reserve the proposed booking, it is your responsibility to reply to us by telephone text message within no more than 10 minutes after receiving our message. In this time frame, you must confirm whether or not you wish us to make the practice driving test booking on your behalf.

If You do not reply within 10 minutes of receiving our telephone text message or You do not reply at all, We will assume that the proposed booking slot is not suitable to You and will not pursue the matter further. We will then search for another booking slot and inform you again by telephone text message. Due to the nature of the DVSA’s “first come, first serve” booking system, the Service is provided strictly on the basis that we cannot guarantee (and therefore accept no liability whatsoever) that we will be able to secure any booking slot for you if you opt for “Manual Booking”. This exclusion applies irrespective of whether you respond within 10 minutes of receiving our telephone text message or not.

We accept no responsibility for any loss whatsoever if you fail to attend the booked appointment.

IMPORTANT: If you do NOT choose “Manual Booking”, the Service will be provided by way of “Automatic Booking”.

D. It is Your sole responsibility to turn up to the driving test, taking the correct documents and ensuring that the car You use is suitable for the test. We do not accept responsibility for any tests cancelled as a result.

3. Our Service

IMPORTANT: We can only provide the Service if You have already booked a practice driving test.

We will provide the Service in a timely and diligent manner in order to optimise your chances of securing an earlier practice driving test than the one allocated to you by DVSA. We cannot guarantee any such earlier practice test on the dates and at the DVSA test centres You chose will become available.

We will provide you with text confirmation as soon as possible after the booking has been confirmed by DVSA.

4. Loss and Liability / Exclusions

We do not exclude or limit our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, liability for fraud or fraudulent misrepresentation and liability for breach of your legal rights in relation to the Service.

Other than as set out above and elsewhere in these terms and conditions, all liability is excluded to the fullest extend permitted by law. Specifically, We do not accept any liability for loss of profit, loss of business, business interruption or loss of business opportunity whatsoever.

In addition, We do not accept any responsibility for any loss whatsoever You may incur (including any liability for consequential loss whatsoever) in any of the following circumstances:

• 4.1. DVSA changing their driving test booking schedules and then You being unable to make any alternative appointment date, time or test centre allocated to You by DVSA.
• 4.2. If the Service develops technical issues or if the DVSA service develops technical issues.
• 4.3. If the DVSA makes significant changes to their website which effect the Service’s ability to search for available practice driving test booking slots on your behalf.
• 4.4. Any matters which have been expressly highlighted to You in Section 3 above
• 4.5. In case of the occurrence of any factor outside our control, whether an Act of God or otherwise (Force Majeure). As an exemption, if the alternative practical driving test facilitated by us is cancelled due to bad weather or illness of the examiner, provided You submit reasonable evidence to us we will seek to find you a substitute test date with no further charge. Please submit your refund application to help@testcancellations.com.

No refunds will be given once the alternative practice test date has been booked.

In line with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, You are entitled to cancel your purchase and request a full refund of your payment, within 14 days from purchase, provided the Service has not yet begun. For the avoidance of doubt, the Service starts as soon as We start searching for alternative practical driving tests for You. This process will ordinarily start immediately after payment and the required search details have been received from You.

Chargeback Fees: If a chargeback is raised for payments made to us by You without any prior request for a refund directly to us via email, We will levy a charge of £25 to You. This is to cover the costs and penalties Stripe charge us due to the dispute process which are enforced by Stripe.

5. Your Personal Information

We will only use your personal information as set out in our privacy policy, a copy of which is available to You on request by email (help@testcancellations.com). All information You give us will be held in accordance with Data Protection Act requirements.