Full Terms and Conditions Page
Updates to terms and conditions:
7th December 2016:
3.10 Added concerning refunds for unused lessons purchased as packages.
6.1 updated to reflect extended validity of gift vouchers during promotional periods.
13.1 updated to clarify that the examiner fee is not included in the VORT guarantee.
Free lesson terms and conditions have been updated to require payment for all five booked lessons at time of requesting the offer.
1st March 2017:
1.1 Updated to reflect new ABN.
Standard Terms and Conditions
- General Conditions
1.1 Driving lessons are provided by Southern School of Motoring (ABN. 51 633 661 779)
These terms govern the agreement between the participant (“you”) and Southern School of Motoring. Southern School of Motoring or the instructor (as the case may be) is referred to as “we”, “our” and “us” in these terms and conditions. By booking a driving lesson (“Lesson”), you accept these terms and conditions (“Terms”).
1.2 These Terms may be varied from time to time and will be updated on the website at www.southernsom.com.au. You will be bound by the Terms you accept at the time of booking your first lesson.
- Lesson Bookings
2.1 Lessons must be booked via one of the following channels authorised by us
a. By telephone on 0434 123 760
b. Direct with your instructor
c. By using the booking request form on this website here.
2.2 Standard lesson bookings can be made up to 12 hours prior to lesson time pending instructor availability. Lesson may be paid for prior to or at the beginning of the lesson or as otherwise agreed with your instructor.
2.3 We offer a variety of lesson products, however the accessibility of these products are dependent on the student’s skill level and experience.
2.4 Duration of lessons includes briefing and de-briefing time. Lessons commence at a pick-up point determined at the time of booking unless otherwise agreed with the Instructor.
2.5 Current charges for our lessons are published on our website.
- Payment Conditions
3.1 All bookings must be paid for in full prior to the commencement of the lesson unless otherwise agreed with the Southern SoM staff. The Instructor is not obliged to provide you with a lesson if the lesson fee has not been paid in full. If the Instructor provides you with a lesson before the lesson fee has been paid in full, any part of the lesson fee outstanding for the lesson is a debt due to us and payable immediately on demand.
3.2 Payment can be made by cash, cheque, credit card or Electronic Funds Transfer (EFT), Direct Deposit or a valid voucher issued by Southern SoM. Payment acceptance varies by booking channel and is agreed upon at the time of a booking.
3.3 We reserve the right to offer certain lesson and package types where additional booking and refund restrictions may apply. If any additional booking or refund restrictions do apply, we will notify you at the time any offer is made.
3.4 By booking a lesson, you warrant to us that you are 18 or more years of age or otherwise possess legal parental or guardian consent and that you are authorised and able to make payment in the manner selected by you. You also warrant to us that all information given by you to us through any booking channel (including your name, contact and address details) is correct.
3.5 Overdue invoices may be charged an account keeping fee of $10.00 each month while such invoices remain outstanding.
3.6 All payments provided to the driving instructor will be issued with a written Tax invoice at the time payment is made to the instructor.
3.7 A tax invoice for direct deposit can be requested from Southern SoM office on 0434 123 760
3.8 Credit card details that are provided to Southern SoM are retained until all outstanding balances are cleared. Any outstanding balance owed and not cleared within 30 days of the last lesson will be automatically deducted from the credit card details provided.
3.9 If you enter into a Payment plan, credit card details will be held on record until all outstanding balance is cleared.
3.10 Any unused lessons purchased as a package will be refunded on written application. An administration charge of $10 will be deducted from the refund. For the purposes of this refund lessons taken will be charged at the current single lesson rate prevailing at the time the refund is requested. All refunds will be made direct to your bank and will not be actioned until we receive written details of your BSB and account number. Please request a refund form from your instructor or email email@example.com to supply a form.
- Fees and cancellations/rescheduled bookings
4.1 You may cancel or reschedule your appointment without charge at any time 48 hours before your appointment.
If you cancel with less than 48 hours’ notice, we reserve the right to charge a cancellation fee as listed below:
Period of notice prior to the schedule lesson Amount credit
4 hours or less including “no show”. Full fee price is charged
More than 4 hours but less than 24 hours. 50% of the scheduled lesson fee is charged
24-48 hours before scheduled appointment 25% of the scheduled lesson fee is charged
4.2 We reserve the right to reschedule a lesson subject to the provision of reasonable notice including telephone, email or sms. We reserve the right to refuse to provide a lesson where you are unfit to operate a vehicle as reasonably determined by us.
4.3 If you arrive late for a lesson the Instructor may only be able to offer you the remaining lesson time, if they are committed to another lesson after and you will be charged for the full lesson cost.
4.4 If you are more than 20 minutes late without notifying us, we reserve the right (at instructor’s reasonable discretion) to cancel the lesson and charge the lesson fee.
4.5 If you do not attend a lesson (No Show) we reserve the right to cancel the lesson and charge the full lesson fee.
- Promotions, Discounts & Free tuition
5.1 Any discounts or free lesson are not transferable or redeemable for cash.
5.2 Promotions. At times we may run varying promotions and in certain cases additional or different rules may apply. If additional or different rules do apply, we will notify you at the time of the promotion.
- Gift Vouchers
6.1 Are non-refundable, not redeemable for cash. They are not transferable and cannot be resold. Cancellation and promotional conditions apply. Gift vouchers are valid for 9 months from date of issue, except during promotional periods, such as Christmas, when validity may be extended at our absolute discretion.
7.1 Driving lessons commence and end at the pre-determined pick-up/drop off point, determined at the time of booking the lesson. The duration of the driving lesson is one hour, 90 minutes or two hours, depending on which has been booked and includes lesson briefing and de-briefing. It may be necessary for the instructor to drive you to an appropriate practice area, this is included in the lesson time if required.
- Provision of Lessons
8.1 You must hold a current Australian driving licence (Class C) or equivalent overseas license or a valid Learners Permit and carry it with you at all times during a lesson.
8.2 Mobile phones must be switched off prior to entering the training vehicle.
8.3 You must be ready to commence the lesson 10 minutes prior to the agreed time. If you do not turn up at the agreed time for your lesson, your instructor will wait 15 minutes and may at the instructor’s reasonable discretion deduct this from the total lesson time. If you turn up outside these times, your instructor may in his reasonable discretion choose not to proceed with the lesson and in such circumstances you will be liable for the cost of the lesson.
8.4 While every endeavour is made to commence the lesson at the scheduled time and with the scheduled instructor, no responsibility can be taken for circumstances beyond our control which may delay the start time or result in a change of instructor. If there are circumstances beyond our control which have delayed the start time of your lesson, we will offer you the full lesson time or, if that is not possible, we will offer you a lesson at another time or credit double that time to a future lesson.
8.5 You must comply with the instructions or directions of your instructor at all times, before and during a lesson.
8.6 We reserve the right to terminate a lesson if:
a. you engage in any behaviour that your instructor determines is reckless; or
b. you fail to comply with the instructions or directions of your instructor before or during a lesson; or
c. you fail to comply with any special conditions on your license, i.e. wearing of glasses/contacts; or
d. your instructor has assessed your driving skills and competence and deems you to be unfit or unsafe to drive (see section 11 “Fitness to drive” below).
In the event that a lesson is terminated under the circumstances listed above you will be required to pay the full cost of the terminated lesson.
8.7 If and when you are deemed competent by your instructor, your instructor, may arrange for you to sit your VORT provided full payment for your driving test is received prior to the driving test being booked.
8.8 Your instructor will only arrange for you to sit your VORT if they deem you competent.
9.1 Use Of Own Vehicle: If you are driving in your own vehicle, you must complete the first lesson in a Southern SoM vehicle and your instructor must first assess that your vehicle is roadworthy (only a basic external inspection will be carried out). It is your obligation to ensure that your vehicle complies with the following requirements:
a. The registration of your vehicle is valid and current. b. You acknowledge that it is illegal to drive an unregistered vehicle and warrant that your vehicle is registered.
c. you hold current compulsory third party insurance and comprehensive insurance cover for your vehicle.
d. you have notified your insurance company in writing (prior to your first driving lesson in your vehicle) that your vehicle will be used by an instructor to provide driving lessons. We may require written confirmation from your insurance company to this effect.
e. the tyres are correctly inflated (air pressures must reflect the manufacturer’s recommendation as a minimum), have appropriate levels of tread and are not damaged.
f. all indicators and brake lights are working.
g. seats and seat belts are in good working order and are not damaged or twisted.
h. any loose items in the cabin of the vehicle are stowed in the cargo (boot) area.
i. the windows and interior are clean.
j. the windscreen is not cracked and shows no signs of damage.
k. the vehicle has sufficient fuel to last the course of the lesson (minimum requirement – a quarter of a tank).
9.2. Instructor Supplied Vehicle: Driving lessons are provided in automatic transmission vehicles.
9.3. Instructor supplied vehicles may contain global positioning and monitoring systems with the capacity to identify the location of the vehicle and the manner in which it is operated. External and internal video and audio recording is used in the training vehicle for your and our safety and for teaching purposes. Recordings of your lessons will be emailed to you on request within 48 hours of your lesson.
9.4. When using an instructor’s car for a practical driving test with a VORT Examiner, you will be responsible for the lower of the cost of repairs relating to damage caused or the insurance excess applicable, should the vehicle be damaged and you are held to be responsible by the insurance company or the police.
9.5 You will always be responsible for traffic infringement notices arising while driving our Vehicle.
- Fitness to drive
10.1 If necessary, your instructor may refer you to another instructor for further assessment of your driving skills.
10.2 If at any time you are assessed as unfit or unsafe to drive during a lesson, your instructor may terminate the lesson immediately and may assume control of the vehicle.
10.3 Because the safety of Instructors and participants is paramount, the instructor will not enter into any discussions with you regarding an unfit or unsafe driving assessment. If you wish to lodge a complaint about the way in which an assessment was made, please contact the Southern SoM Office.
- Limitation of Liability, insurance
11.1 Certain State and Commonwealth legislation, including the Consumer and Competition Act 2010 (Cth), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Otherwise we exclude all conditions and warranties which may be implied by law.
11.2 To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, is restricted, in our option, to:
a. the re-supply of the lessons; or
b. the payment of the cost of having the lessons re-supplied.
11.3 Except for any liability which cannot be excluded by law or that is caused by our negligence, we, our related bodies corporate and our and their officers, employees, franchisees, contractors and agents shall not be liable for any loss, damage or liability whatsoever which is suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained as a result of:
a. you participating in a lesson as part of the driving lesson; or
b. your failure or refusal to follow an instruction or direction of your instructor before or during a lesson; or
c. you being assessed by your instructor as an unfit or unsafe driver; or
d. your instructor terminating a lesson in any of the circumstances set out in clause 9.8 or 11.3; or
e. you continuing to drive after you have been assessed as unfit or unsafe to drive by your instructor; or
f. your vehicle being assessed by your instructor as being unsafe to drive and/or un-roadworthy.
11.4 You indemnify and agree to keep us and our related bodies corporate and our and their officers, employees, contractors, franchisees and agents indemnified against any loss, damage, liability, costs and expenses in connection with your breach of these terms and conditions or any other legal obligation by you.
11.5 Neither we nor our driving instructors accept any liability whatsoever for personal property that is left in any instructor supplied vehicle, your vehicle or on our premises.
11.6 If driving lessons take place in your own vehicle, you warrant that you are covered by compulsory third party insurance and that your vehicle is covered by comprehensive insurance.
11.7 We do not accept any responsibility whatsoever for the outcome of any driving test or assessments you take.
This limitation of Liability clause continues to have effect after this agreement is terminated
12.1 Southern SoM collects your personal information in order to provide lessons to you and to assess your driving skills and to assist in internal administration and operations including accounting, risk management, record keeping, archiving, systems development and testing, and staff training. Southern SoM will not use or disclose your personal information to any other organisation without your consent, other than as required by law.
- VORT Guarantee
13.1 The VORT guarantee offered by Southern SoM states that if you do not pass your VORT the charge for usage of our vehicle for your re-sit will be waived. You will still be responsible for paying the examiner and government charges relating to your re-sit of your VORT.
13.2 The following conditions apply to the VORT guarantee:
a. Your instructor must assess you as competent for the Vehicle On Road Test prior to booking the test.
b. You must have undertaken a minimum of 20 hours instruction with Southern SoM prior to taking your VORT
c. You must not have failed due to an immediate fail item such as a breach of road law or the examiner having to intervene.
Terms and Conditions Relating to Special Offers
In addition to the standard terms and conditions which apply to all lessons provided by Southern School of Motoring some special offers are governed by additional terms and conditions. If there appears to be a conflict between the standard and the offer terms and conditions then the offer terms will apply for that clause.
Free Lesson Terms and Conditions
This offer is for one free lesson on production of the special offer flyer when five or more lessons are purchased.
- This offer must be mentioned at the time of booking your first lesson for the purposes of this offer.
- Any previous lessons booked or taken do not count towards the five lessons.
- Any lesson cancelled will not count towards the five lessons. Normal cancellation conditions apply, as per 4.1 in standard terms and conditions above.
- The purchased lessons must be standard 60, 90 or 120 minute lessons purchased at the standard prevailing price.
- All purchased lessons must be booked and paid for at the time of purchase.
- If you wish to pay by cash at the time of the first lesson then a valid Credit/Debit card must be provided at time of booking to secure the offer but will not be charged except in the case of a no-show at the first lesson. A 3.2% processing fee will be added to any charges where the card holder is not present.
- The free lesson will be 60 minutes in duration, regardless of the length of lessons purchased.
- The free lesson may be taken contiguously with the 5th paid lesson for 60 and 90 minute duration lessons, subject to instructor availability. For 120 minute purchased lesson the free lesson must be taken separately from the paid lesson.
- Only one offer per customer.
- Offer is not available in conjunction with any other offer.