NOTICE OF LESSON CANCELLATION

Many ADIs include in their Terms of Business a clause indicating to pupils that they must give at least 48 hours (or another multiple of 12 hours) notice of cancellation of a booked lesson, or of their non-availability for such a lesson. Failure to give at least this notice may (or will) result in the instructor exercising the right to charge pupils at the normal rate for any lesson/s cancelled at short notice.

In the past, this has seemed a reasonable safeguard to ensure that young people were not careless when making appointments and did not cause a loss of revenue to instructors in a situation where it would be unlikely that the time booked could be resold at short notice. Despite having such a clause in their printed Terms, most instructors tend to use their discretion about actually charging pupils, depending upon the circumstances that led to the late cancellation or upon their ability to fill the slot in their diaries at short notice.

However, the Office of Fair Trading has ruled (in Unfair Contract Terms Bulletin 21, published in 2003) that such a clause imposed on pupils does not comply with the requirements of the Unfair Terms in Consumer Contracts Regulations 1999 (EC Directive 93/13/EEC) and is potentially unfair. The OFT has ruled that such a clause must work both ways, i.e. the service supplier (the ADI) has a 'duty to mitigate losses, and allow for the consumer to recover equal compensation if the supplier cancels'.

Since all lesson appointments are legally binding (verbal) contracts, the pupil has an equal right to claim compensation if the ADI is late, or fails to turn up, or telephones to rearrange the appointment giving less than the same (48 hours) notice period. As a result of this ruling, the wording on DIA appointment cards has been changed and DIA members are advised that they should ensure that they can keep all the appointments they make, or take steps to rearrange them earlier than 48 hours before the time of the lesson appointment.

We are however aware that there are still instructors operating without printed Terms of Business. Such instructors obviously run the risk of having their terms or claims disputed by the pupil or pupil's parent or guardian. The DIA strongly recommends that all ADIs have their Terms of Business clearly printed, so that the signature of the pupil or pupil's parent or guardian can be obtained, in agreement, before the first lesson is given.

Also, many ADIs appear to be unaware that a young person, under the age of 18, cannot be held accountable in law for any debt, except for 'necessaries', and that driving lessons do not fall within the legal definition of 'necessaries'. This is why it is always advisable, in the case of under-18s, to obtain in advance the signature of a parent or guardian to the instructor's Terms of Business.