1. MotoJoe Ltd and the Contract
All motorcycle training and courses are operated by MotoJoe Ltd (“MotoJoe” / “We”). The “Pupil(s)” / “You” is / are the person(s) confirmed on the course. “Force majeure” is any situation beyond the control of MotoJoe 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”).
MotoJoe reserves the right to decline any booking at their discretion.
The Pupils(s) are deemed to accept these terms and conditions on commencement of the course.
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 MotoJoe Ltd. 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.
We require full payment in advance on booking to secure your requested dates. Until payment is received your course dates, they will not be confirmed, and these dates will be made available to other Pupil(s).
What is included in your payment?
- CBT and DAS courses are based on a maximum 2:1 pupil to instructor ratio, unless exceptional circumstances apply and only where by law we can teach a larger ratio;
- Refresher / Return to biking and ERS courses are 1:1 pupil to instructor ratio.
- For all courses, motorcycle hire and rider wear hire (trousers, jacket, helmet, gloves and boots) are included in your price;
- Petrol (for all courses when a bike is hired);
- CBT certification (where CBT course is completed);
- Loan of DVSA theory literature for Direct Access courses;
- Loan BMW Rider Equipment and high visibility vest are available for all courses from sizes XS to XXXL;
- Fully comprehensive motorcycle insurance for all courses where you hire a BMW bike; you will not be charged for any damage to any hire motorcycle, unless you have disregarded the instructions given to you by the instructor, in which case:
- The damage or marks must be minor and the motorcycle must be capable of being used again with the marks in place. If the marks or damage are not minor, the customer is liable for the replacement cost of the part(s) (at our cost price).
Personal accident insurance is not included in the cost of a course and you may wish to consult your own insurance broker.
The DVSA motorcycle test fee is included in the Direct Access course fee and will only be charged for subsequent tests (with the exception to DAS Unlimited courses).
Important Note Regarding Module 1 and Module 2 Tests
The Direct Access Scheme is a 5 Day Course which includes the Module 1 and Module 2 tests, both necessary for you to obtain your licence.
The Module 1 test is scheduled for either the 3rd or 4th day of your course. The Module 2 test is scheduled for the 5th and final day of your course.
Of course, we hope and plan for you to pass both of the above first time. However, if this doesn’t happen, please note the following:
If you fail your Module 1 Test:
You will need to pay for a resit of the Module 1 test at a later date. We have to wait 3 working days before we can re-book this test, and tests are subject to availability. The cost of the Module 1 test is £15.50.
By failing the Module 1 test, you will be unable to sit your Module 2 test as planned. You will therefore need to pay for a resit of the Module 2 test at a later date. The cost of the Module 2 test is £75.00
As both resits will not be achievable during your 5 day course you will therefore need to choose one of the following options. Our instructor will discuss this with you at the time:
a) If you require no further training and just require a resit - the cost will be £50.00 plus the test fee
b) If you require a half days refresher training plus a resit - the cost will be £100.00 plus the test fee
c) if you require a full days refresher training plus a resit - the cost will be £195.00 plus the test fee
If you fail your Module 2 Test:
You will need to pay for a resit of the Module 2 test at a later date. We have to wait 10 working days before we can re-book this test, and tests are subject to availability. The cost of the Module 2 test is £75.00
You will need to choose one of the following options. Our instructor will discuss this with you at the time:
a) if you require no further training and just require a resit - the cost will be £50.00 plus the test fee
b) if you require a half days refresher training plus a resit - the cost will be £100.00 plus the test fee
c) if you require a full days refresher training plus a resit - the cost will be £195.00 plus the test fee
If you wish to cancel or to transfer a course:
- If you cancel your course with less than 14 days’ notice, then you will not receive any refund, irrespective of personal circumstances. Alternative date(s) will be offered.
- During your course, if you are unable to continue with your training, for whatever reason, then no refund of the course cost is given.
If we cancel or transfer a course:
- In certain circumstances, MotoJoe may have to postpone your course in full or part. In such a situation, MotoJoe will re-arrange your course and DVSA test date (if applicable) at a mutually agreed time.
- Should we cancel your course in full or part we will refund the price of your course or an alternative date(s) will be offered, unless the cancellation is due to the DVSA cancelling the DVSA practical test date (see section 5) or any other force majeure.
4. DVSA (Driving Vehicle Standards Agency) Motorcycle Tests or RoSPA Tests
- MotoJoe pre-books motorcycle test dates with the DVSA (for Direct Access Courses) to fit with the timing of the motorcycle course booked by a Pupil.
- However, you must be aware that on rare occasions the DVSA has to cancel tests due to the unavailability of examiners, industrial action or poor weather conditions, even where they have previously given a written confirmation of the test date. MotoJoe has absolutely no control over such actions by the DVSA.
- MotoJoe will make every effort on your behalf to re-arrange your training in order to fit an alternative test date but cannot be responsible for the inconvenience caused to you by the actions of the DVSA. Should you require additional training due to the change of test date by the DVSA, MotoJoe reserves the right to charge you for this.
5. Your Safety and Responsibilities
- 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.
- 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.
- You must bring your UK driving licence with you for all your training. 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 you will not be able to take the course and you are not entitled to a refund.
- 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, 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.
- For Direct Access courses, MotoJoe 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 restrict you to a 125cc machine. No refund will be made. For other courses, MotoJoe 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.
- MotoJoe 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 (e.g., you fail an eye test). MotoJoe 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.
- 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. You must provide proof of insurance and MOT (where applicable). Should you arrive for training on a machine that is not legal; your instructor will not be able to conduct any on-road training. (e.g., your number plate does not meet legal requirements). In such a scenario, your fee will not be refundable and you will be required to re-book and pay for any additional lessons.
- If you incur any penalties or fines whilst riding MotoJoehire bikes, due to your manner of riding on the road, these will be charged directly to you.
6. Our Responsibilities
- For Direct Access and CBT courses, we will provide you with practical motorcycle training in accordance with the DVSA approved training standards. For Advanced Riding Courses we will provide you with practical motorcycle training in accordance with RoSPA (Royal Society for the Prevention of Accidents) standards.
- For all courses we will provide you with a motorcycle that is compliant with all legal requirements in Scotland and is roadworthy. We will try and meet your preference for model of bike for bike hire, but do not guarantee this.
- For Direct Access courses, we do not provide any guarantee that you will pass your Module 1 or Module 2 motorcycle test. If you fail your Module 1 test, you might not be able to take your Module 2 test due to the course structure and in that case, you will forfeit your Module 2 test fee. Should you fail either your Module 1 or your Module 2 test, the costs of any additional training, the DVSA test fees and any travel or subsistence costs are your responsibility.
- Although every effort is made to ensure your safety during your course, 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 MotoJoe is not liable to you for any expenses, loss, damage, personal injury or death as a result of any accident that may occur.
- 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.
If the Pupils(s) have a complaint about the training course, in the first instance the Pupil(s) must inform the 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: MotoJoe Ltd, 226 High Street, Dalkeith, Midlothian, EH22 1AZ.