Terms and Conditions

Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.

1.  Information about us

EarlierDrivingTest.co.uk is a site operated by Driving Test Cancellations Ltd (we). We are registered in England and Wales under company number 07216321 and with our registered office at Construction House, Runwell Road, Wickford, Essex, SS11 7HQ.

2.  Service availability

Our site and Services are only intended for use by people resident in the United Kingdom and we reserve the right to not accept orders from individuals resident elsewhere. All orders must be placed from within the United Kingdom, we cannot accept orders from any other EU Member State.

3.  Your status

By placing an order through our site, you warrant that:

• 3.1

    you are legally capable of entering into binding contracts;

• 3.2

    you are at least 18 years old;

• 3.3

    you are resident in the United Kingdom; and

• 3.4

    you are accessing our site from the United Kingdom.

4.  Fulfilment

• 4.1

    Your order will be fulfilled automatically as soon as we have received confirmation of successful payment from our payment partner. Occasionally our payment partner may perform additional security checks on your credit/debit card.

• 4.2

    There will be no fulfilment until cleared funds have been received.

• 4.3

    By signing up to the service you expressly request that we start providing you the service within your 14 day cancellation period and you acknowledge that you will lose the right to cancel once the service has been fully performed.

• 4.4

    We define the service as fully performed once you have been notified of a test date within your stated criteria.

• 4.5

    We provide the option of booking a test date by responding to the text and email notifications sent to you. For reasons beyond our control, the booking functionality may not work or be available. Reasons for failure/unavailability include in particular (without limitation) the following:

  • 4.5.1

      restrictions placed on the test booking by the DVSA;

  • 4.5.2

      attempting to book an ‘upgrade’ test such as automatic to manual car;

  • 4.5.3

      attempting to book an evening, weekend or bank holiday test having paid the DVSA the lower fee for a weekday test;

5.  Responsibility for your test booking

You must book a test on the DVSA website before we can find you an earlier test date. You remain responsible for your driving test booking at all times before, during and after use of the Service. It is your responsibility to ensure that your test fee is not forfeited as a result of DVSA policies. If you book a test date that you subsequently discover is not suitable you must use the DVSA website to change your booking to a later date - we cannot do this for you. We will not compensate you for a forfeited test fee unless your booking was changed without your consent due to a (exceptionally unlikely) malfunction of our system.

By signing up to the Service you consent to us managing your test booking. By replying to a text or email message notification you consent to us changing your test booking.

6.  Continued use

You can continue to use the service, subject to clause 7 until you take a practical driving test. Your payment covers your use of the service up to the day of your practical driving test.

If your test does not go ahead for some reason, we may, at our sole discretion allow you to continue using the service to book another test, subject to clause 7.

7.  Fair use

This Fair Use Policy is designed to make sure that all customers receive efficient and reliable service. A very small number of our customers use the service inappropriately, for example by giving us misleading information about their availability causing the service to offer a large number of unsuitable test dates. This means that service quality for other customers is affected.

The service will offer a maximum of thirty test dates (the limit) matching the given criteria, counted from the point the service starts. The count does not reset should the service be stopped and subsequently restarted. The service terminates once the limit has been reached. Additional test dates (beyond the limit) may be offered on a case-by-case basis at our sole discretion.

After reaching the limit, customers may choose (at their discretion) to sign-up to the service again, forming a new contract with us. The terms and conditions outlined in this document will be applied in full for each sign-up.

8.  Money-back guarantee

We guarantee that we will find you an earlier driving test date within a 28-day period or refund 50% of our fee provided that the conditions detailed below are satisfied. This guarantee shall be deemed null and void should any of the conditions fail to be satisfied at the service start date or at any point thereafter.

The 28-day period (the period of availability) shall commence on the latest of the following dates:

• 8.1

    The day after the service start date

• 8.2

    The day after we are able to locate your valid booking on the DVSA website

• 8.3

    Ten days before the earliest possible date you provide to us for your driving test

You may request a refund from us (by e-mail or letter) on the day after the 28-day period of availability and no more than 60 days after the service start date. Requests received outside of the stated timeframe will be declined.

Your right to a refund under this guarantee ends when your booked test date is changed or cancelled on the DVSA booking system by you, us or any third-party.

To qualify for this guarantee, you must, at the time you sign-up to the service, provide us with a date criteria including 28 working days (as defined by the DVSA) on which you are eligible to take your practical test (as determined by the DVSA).

You will not be entitled to a refund under this guarantee in the case where you or another person on your behalf finds an earlier test date before we do.

The Service terminates when a refund is issued.

9.  Cancellation

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can also electronically fill in and submit the cancellation form on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel this contract, we will reimburse all payments received from you, after deducting our reasonable costs incurred for provision of the service up to the point of cancellation. You shall pay the service provisioning cost and a further amount for every full calendar day the service has been in operation until you have communicated to us your intent to cancel this contract. Fees vary based on the service level you signed up for and are detailed in the table below:

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

10.  Fraud

We use fraud detection technology to identify attempts to defraud us of the fees we charge for our Services. Any potential fraud that we detect will result in the forfeiting of any right to a refund as outlined in clause 8 and any other part of this agreement. There is no right to appeal.

Our systems may continue to monitor your driving test booking after the conclusion or cancellation of this contract. Should we suspect that a fraud may have taken place, we reserve the right to act as outlined in clause 11.

We will not disclose our detection methods unless required to do so by law.

11.  Mitigation of suspected fraud

Should we suspect that you have committed (or attempted to commit) a fraud against us (even if after the conclusion or cancellation of this contract) we may choose to pass your details to the relevant authorities for further investigation.

You consent to us rescheduling or cancelling your test booking in mitigation of any loss (financial or otherwise) we may have suffered as a result of the suspected fraud (even if after the conclusion or cancellation of this contract). You agree not to hold us responsible for any loss (financial or otherwise) resulting from any changes we make to your test booking including but not limited to your DVSA test fee, fees payable to a driving instructor, car rental, lost earnings and wasted time.

12.  Price and payment

• 12.1

    The price of any services will be as quoted on our site, except in cases of obvious error.

• 12.2

    Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

• 12.3

    Prices and fees do not include VAT. We are not registered for VAT and therefore do not include it in our prices.

• 12.4

    It is always possible that, despite our best efforts, some of the services listed on our site may be incorrectly priced. We will normally verify prices as part of our procedures so that, where a Service’s correct price is less than our stated price, we will charge the lower amount when processing your order. If a Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before processing your order, or reject your order and notify you of such rejection.

• 12.5

    We are under no obligation to provide the service to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

• 12.6

    Payment for all Services must be by credit or debit card or (at our discretion) via PayPal. We accept payment with from all major credit and debit cards through our PCI-certified payment partner. We shall not provide any paid services until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.

• 12.7

    Your credit/debit card details will be handled securely by our PCI-certified payment partner to minimise the possibility of unauthorised access or disclosure. We do not handle your credit/debit card details. Authority for payment must be given at the time of order. If you are not the registered cardholder you must make sure you have permission to use the card. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail.

13.  Our liability

• 13.1

    We warrant to you that any Service purchased from us through our site is fit for purpose.

• 13.2

    Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Service you purchased.

• 13.3

    This does not include or limit in any way our liability:

  • 13.3.1

      for death or personal injury caused by our negligence;

  • 13.3.2

      under section 2(3) of the Consumer Protection Act 1987;

  • 13.3.3

      for fraud or fraudulent misrepresentation;

  • 13.3.4

      for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or

  • 13.3.5

      for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

• 13.4

    We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:

  • 13.4.1

      loss of income or revenue;

  • 13.4.2

      loss of business;

  • 13.4.3

      loss of profits or contracts;

  • 13.4.4

      loss of anticipated savings;

  • 13.4.5

      loss of data, or

  • 13.4.6

      waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 13.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.1 or clause 13.2 or any other claims for direct financial loss that are not excluded by any of clauses 13.4.1 to 13.4.5 inclusive of this clause 13.4.

14.  Data Protection

• 14.1

    Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with our privacy policy.

• 14.2

    By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your personal details to the Driver and Vehicle Standards Agency (DVSA) in order to provide our Service to you. We will not pass your details to any other third party unless otherwise indicated to by you.

15.  Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16.  Notices

All notices given by you to us must be given to Driving Test Cancellations Ltd, Construction House, Runwell Road, Wickford, Essex, SS11 7HQ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

17.  Transfer of rights and obligations

• 17.1

    The contract between you and us is binding on you and us and on our respective successors and assigns.

• 17.2

    You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

• 17.3

    We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18.  Events outside our control

• 18.1

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

• 18.2

    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 18.2.1

      strikes, lock-outs or other industrial action;

  • 18.2.2

      civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  • 18.2.3

      fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

  • 18.2.4

      impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  • 18.2.5

      impossibility of the use of public or private telecommunications networks;

  • 18.2.6

      the acts, decrees, legislation, regulations or restrictions of any government.

• 18.3

    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19.  Waiver

• 19.1

    If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

• 19.2

    A waiver by us of any default shall not constitute a waiver of any subsequent default.

• 19.3

    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

20.  Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21.  Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

22.  Our right to vary these terms and conditions

• 22.1

    We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

• 22.2

    You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the services).

23.  Law and jurisdiction

Contracts for the purchase of services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.