A good secure strong pair of boots and denim jeans without holes in must be worn as a minimum.  This is for your safety.  Deposits and monies cannot be refunded for attending a course in the wrong safety clothing.  Gloves, Jacket and Helmet are provided.

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These are our Terms and Conditions and things you need to know before attending a course

IMPORTANT PLEASE READ THIS NOTICE

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The following is our terms and conditions. You should read these carefully as they outline where yours (and our) responsibilities lie, and by abiding by them you will avoid unnecessary cost or disappointment. Motorcycle training is complex, and there are many variables, not least that safety is so important. The three or four minutes that it will take for you to read the terms and conditions will mean that you will arrive properly prepared and enjoy your training. In addition to the terms and conditions there is a checklist of things to bring, expectations and requirements that can be found on our website www.farklesmt.co.uk.

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Terms and Conditions

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The following terms (1 – 46 inclusive) should be read and construed as forming an agreement and contract between Farkles Motorcycle Training, here after referred to as FarklesMT, and the attendee (or parent or guardian), student or customer here after referred to as the trainee. For the purposes of this contract motorcycle training is deemed to be a leisure activity. Course refers to any lesson, session, or course. DVSA refers to the Driver & Vehicle Standards Agency who oversee motorcycle training. Test or Test centre, refers to where the DVSA conducts Module 1 and 2 motorcycle tests. Test fee is the value of the DVSAs Module 1 or 2 motorcycle test. CBT refers to Compulsory Basic Training. Theory Test refers to the DVSA’s Motorcycle Theory Test and associated fee. Bike refers to motorcycle, moped or scooter. FarklesMT refers to its employees, staff, contractors, and instructors.

 

1. All the trainees fees shall be paid in advance of each course. Payments can be made via bank transfer, debit card or credit card (selected cards only). We do not accept cheques.

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2. All courses are booked based on the information supplied by the trainee to FarklesMT. The responsibility for ensuring that these details are correct (including licence entitlements and any previous experience) belongs to the trainee.

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3. In the event of a mechanical breakdown or any other cause beyond the control of FarklesMT, we reserve the right to re-arrange or rebook any course at the earliest convenient time to the trainee and to FarklesMT. FarklesMT will not be liable for any costs or compensation arising from any re-booking or cancellation.

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4. Any course affected by the UK government, its agents, or policies, will not be eligible for a refund and will be re-booked at the earliest convenience of the trainee and FarklesMT subject to availability and UK government policy and guidelines.

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5. The trainee/instructor ratio for each course will be at the discretion of FarklesMT, and FarklesMT will determine the aptitude of the trainee for each course. The trainee will be deemed to be on an A1 Licence course until the trainee has shown sufficient ability to progress onto the Restricted A2 or Direct Access Scheme (DAS). This does not affect the description of how the course was sold. FarklesMT reserves the right to use whatever size motorcycle is appropriate for the ability of the trainee.

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6. It is a condition of participating in any course that the trainee:
(a) Is duly licensed to ride a motorcycle/moped on the public highway in the United Kingdom; the trainee must have a UK photo card licence and is responsible for ensuring that it has the correct provisional entitlement, and any endorsements are disclosed to FarklesMT. No licence means the trainee cannot attend the course, this is a DVSA regulation, and the course fees will be forfeit. EU or foreign licences are not accepted.
(b) Uses a moped/motorcycle, which, if not provided by FarklesMT, is in good and sound mechanical order, has valid insurance cover and is taxed and that the machine is suitable for the EU 3rd Driving Licence Directive minimum test vehicle (if applicable). And wears suitable, protective clothing, including, in particular, a safety helmet that complies with UK legal requirements, as well as sturdy boots that cover the ankle and denim jeans with no rips.
(c) Be able to read a car number plate over a distance of 20.5 metres.
(d) Wears suitable clothing for the weather conditions and glasses/contact lens to comply with 6(c).
(e) Be able to balance and ride a bicycle.
(f) Produces all the correct documentation (originals).
(g) Be physically and mentally fit enough to attend and remain for the full duration of the course.

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7. The trainee must, before commencing the course, make available for inspection by FarklesMT; the trainee complete current (UK) Provisional/Full Driving Licence. If using the trainee’s own moped/motorcycle this must be available for inspection along with the trainees moped/motorcycle insurance policy, MOT test certificate (if required), road fund licence (tax) (these last two can be done online) and safety helmet.

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8. Where the trainee purchases bike hire, all mopeds/motorcycles are hired to the trainee by FarklesMT. The trainee is responsible for damage to a moped/motorcycle caused during training.  Replacement Parts are charged at retail price (inc. V.A.T.). Labour is charged at the rate charged to FarklesMT by the repair shop, or insurance premium.  The decision how to repair the motorcycle is taken by FarklesMT.  A collision/damage waiver of £20 can be purchased for CBT courses, or £50 for the duration of DAS courses.  This waiver exonerates the trainee from costs to the motorcycle arising from damage to the motorcycle.

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9. At the start of each course there will be adequate time for the trainee to check that any hired bike is suitable for the trainee to use. It is the trainee’s responsibility to bring any issues immediately to the attention of FarklesMT. If an issue arises during the course, it is the trainee’s responsibility to immediately bring to the attention of FarklesMT (such as a flat tyre or blown bulb). FarklesMT will ensure that at the start of the course all bikes are checked (and recorded) to ensure that they are fit for purpose. FarklesMT will not be responsible for mechanical events beyond its control, such as (but not limited to) a flat tyre, damage caused by the trainee, blown bulbs, or snapped cables.

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10. If the trainee cancels the course that the trainee is booked on, then:
(a) If the trainee has given written notice of cancellation to FarklesMT not less than 12 clear working days prior to the date the course (as originally booked at the time of taking payment) is due to start the trainee will be entitled to a refund of fees paid/ (less deposit charge see 9(e)) if the course is filled and completed by another trainee: but if the course is not filled and completed by another trainee, the trainee will only be entitled to a refund of fees paid, less the £75 deposit, and to 50% of the cost of the Instructors wages.
(b) If the trainee has not given twelve clear working days written notice of cancellation (from the first day or part of the course), then no refund will be due, and all fees will be forfeit.
(c) Any courses booked within 12 days of the course date will not be eligible for a refund.
(d) If the trainee enters into an agreement for a full licence course (by booking such a course) and has started training (i.e. CBT or theory test) no refund will be given should the trainee wish to cancel the remainder of the course.
(e) All courses will be subject to a £75 deposit to secure the trainees inclusion on the course.
(f) A working day is any day other than a Saturday, Sunday, or UK Bank Holiday. Clear means not including the day notice was given or the date of the course.

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11. In the event the trainee is unable to attend a course any re-booking will be charged at a reduced rate of the normal full price cost (except Theory Tests, Module 1 and Module 2 tests which will be charged at full price). There are no exceptions, and FarklesMT recommends the trainee takes out private insurance to cover any unforeseen events.

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12. Any test or course requested to be moved by the trainee inside twelve working days must be done in writing. There will be a charge of £35.00 for making any such changes, however FarklesMT makes no promises or assurances that this can be done (see 9(b)). Any course that is moved from inside twelve working days will not be eligible for a refund if they are subsequently cancelled or the trainee fails to attend.

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13. Guaranteed full licence training is only valid for 3 months from the first day of the original course date and does not include test fee or moped/motorcycle hire. Further training will be required to take a Module 1 or 2 Test outside this 3-month period. Any training not taken and completed within 12 months of the payment date is void.

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14. Any outstanding credit for courses to be arranged has a monetary value and this value will be applied to whatever is the current course cost or value. FarklesMT reserves the right to change the cost or value of a course without reference to the trainee.

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15. Courses, or payments for courses, are not transferable, unless by consent of FarklesMT. Gift Vouchers are non-refundable.

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16. Balances for courses are due before training commences. FarklesMT reserves the right to cancel the course if the balance is not paid on time and the trainees deposit will be forfeit.

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17. The trainee must arrive in enough time to allow for the course to start on time. Lateness could result in loss of course fees and will result in loss of fee for CBT courses. Failure to attend will result in loss of fees. It is the trainee’s responsibility to arrive on time and be ready to start the course at the appropriate time. The start time is at FarklesMT discretion but aims to be no earlier than 15 minutes before the advertised arrival time (found in the trainee’s booking correspondence).

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18. FarklesMT accepts no liability for any claim, loss, damage, or expense arising out of the acts or omissions of FarklesMT, its employees, or agents, unless those acts or omissions are caused by the negligence or wilful default of FarklesMT, its employees, or agents.

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19. The trainee will be liable to reimburse FarklesMT against any claim, loss, damage, or expense incurred by FarklesMT because of a breach of any of these terms and conditions by the trainee (for example, in failing to maintain valid insurance cover), to the extent which such claim, loss, damage or expense results from such breach. The trainee will be liable for an administration cost of £60.00 if a bank chargeback is made and the chargeback is not upheld.

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20. Where the trainee has booked a Module 2 Motorcycle Test inside three working days of a Module 1 Motorcycle Test FarklesMT shall not be responsible for the loss of fee for the Module 2 Motorcycle Test if, for any reason, the Module 1 Motorcycle Test is not taken or passed. Likewise, a Module 1 Motorcycle Test booked inside three clear working days of Theory Test will be forfeit if the trainee fails the Theory Test.

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21. If the trainee fails a Theory Test or Module 1 Motorcycle Test then the trainee is still expected to attend any course currently booked. A failure to attend will result in a loss of fee.

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22. FarklesMT will determine the aptitude of the trainee to undertake the training for the Module 1 Motorcycle Test. If FarklesMT decides the trainee is not safe, or at risk, the trainee will not undertake that part of the training. FarklesMT will not be responsible for any loss of training fees or motorcycle tests (Module 1 and 2) that this may incur. Equally if the trainee decides not to either train for or undertake the Module 1 Motorcycle Test FarklesMT will not be responsible for any loss of training or motorcycle test fee this may incur.

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23. It is a DVSA condition that all trainees must be able to understand English to a reasonable level. If the trainee cannot understand English, then FarklesMT reserves the right not to train the trainee and all fees will be lost.

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24. These terms and conditions must be signed by the trainee before a course can start. Where the trainee is under 18 years of age the terms and conditions must be signed by a parent or legal guardian of the trainee. Any courses booked online will be deemed to have been booked by someone 18 years of age or older, or by a parent or legal guardian.

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25. Radios are not covered by FarklesMT insurance; if they are damaged through the fault of the trainee then the trainee is liable to reimburse FarklesMT in full for the cost of a replacement (Cardo Packtalk Bold). The radio volume is in the sole control of the trainee. It is the trainee’s responsibility to make FarklesMT aware of any issues arising from the use of the radio – at the time.

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26. The trainee is responsible to ensure that FarklesMT is made aware of any changes to the trainee’s address, email, telephone, or mobile number. Any losses arising from not being able to contact the trainee will be the liability of the trainee.

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27. It is the responsibility of the trainee to ensure that they are properly clothed for the weather conditions (see 6 (d)). FarklesMT will not be responsible for any physical discomfort brought on by the trainee not wearing appropriate clothing. The trainee must also ensure that they bring with them any food or drink that they feel they may require to attend the course. FarklesMT will determine whether the prevailing weather conditions are suitable for motorcycle training; any course cancelled by FarklesMT due to the weather will be rebooked free of charge (and will not be eligible for a refund), but any course not attended by the trainee due to the trainee’s opinion of the weather will be forfeit and the fees lost. FarklesMT will not be responsible if the DVSA decide to cancel a test (for whatever reason). A new test will be provided free of charge, but a course fee must be paid (see 29).

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28. FarklesMT will plan to allow enough time to reach a test centre for a Module 1 or 2 Test. If the trainee is late, is not ready on time, gets lost on route or there are traffic conditions beyond the ability of FarklesMT to foresee then any test fee lost by lateness will be the liability of the trainee.

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29. Any test cancelled by the DVSA is beyond the control and liability of FarklesMT. To retake a cancelled test FarklesMT will follow the DVSA’s Out of Pocket Expense Claim procedure where the trainee will pay FarklesMT to re-attend the test and the trainee subsequently be reimbursed by the DVSA. FarklesMT is not responsible for what or how much the DVSA will reimburse or how long that process may take.

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30. The trainee, or the parent, or legal guardian of a 16- or 17-year-old trainee accepts that the trainee may be left on their own for up to two hours during Element E (the road ride section of the CBT). FarklesMT must be made aware in writing of any issues that this may cause at least seven days before the start of the course.

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31. The trainee is responsible for making FarklesMT aware in writing of any physical or mental issues that may affect the trainee’s ability to take part in a course. FarklesMT will make every reasonable effort to accommodate the trainee’s needs; however, FarklesMT cannot adjust the size of the motorcycles or mopeds, or the content and duration of the courses or who the other trainees on the course are or their ability. FarklesMT can provide training on a one-to-one basis (at an enhanced cost), but unless otherwise stated all courses will be in a group and it will be at the discretion of FarklesMT to run the course for the benefit of the group.

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32. The trainee accepts that during the course they must be in control by FarklesMT and respond positively to any reasonable request. The trainee understands that the only means of control on the road is verbal communication, and if the trainee does not respond to a verbal communication, then the situation will be deemed unsafe, and the course terminated, and any fees lost. The trainee accepts that any unruly or disruptive behaviour by the trainee during the course means that the course will be terminated, and any fees lost. Any issue the trainee has with FarklesMT, or another trainee, must be brought to FarklesMT’s attention immediately.

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33. The trainee must have read and understood the Highway Code before attending a course. If the trainee is unable to answer questions from the Highway Code, then FarklesMT reserves the right not to take the trainee for training on the road. Any costs associated with this will be the liability of the trainee This is a DVSA and road safety requirement.

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34. It is the trainee’s responsibility to ensure that they are medically fit to attend a course. Any mental or physical health issues must be brought to the attention of FarklesMT in writing seven days prior to the start of the course. FarklesMT does not discriminate against any mental or physical issues a trainee may have; however, FarklesMT may need to make reasonable adjustments to how the course is conducted to accommodate such issues. If the trainee does not make FarklesMT aware of their mental or physical health issues FarklesMT will not be liable for either the outcome of the course or the course fees, or any aggravation of those health issues.

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35. FarklesMT will provide the correct address and start time for each course. FarklesMT accepts no liability if the trainee fails to read the correct address or arrives at the wrong time. Course start times and addresses may vary.

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36. Courses, unless otherwise stated (such as Personal Tuition), are sold as group courses. FarklesMT will assess the needs of the trainee as part of this group course. The level of ability for each course is described by FarklesMT on FarklesMT’s website. If the trainee falls significantly below this level, then FarklesMT reserves the right to proceed with the course without the trainee. For CBT courses this may mean that the trainee does not move on to a new element, and when the course reaches element E (the road section) the trainee will be asked to leave. (See 22). The trainee may need to pay for further training to complete the course. The trainee accepts that the amount of training they require to achieve a CBT or full licence depends entirely on their own ability and rate of learning. FarklesMT accepts no liability and makes no promises for how long this may take or cost.

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37. FarklesMT does not automatically provide the same instructor or motorcycle/moped for each course. If the trainee wants a specific instructor or motorcycle, then they must specify in writing at the time of booking. FarklesMT will not be liable in the event this is changed through events beyond its control (for example if the instructor goes sick). For the purposes of training an automatic may be a 50cc or 125cc at FarklesMT’s discretion; this does not affect how the course was sold.

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38. FarklesMT uses a variety of different DVSA test centres. FarklesMT will not be liable if the DVSA test centre is changed. The trainee may request a test centre, and FarklesMT will do its best to accommodate this request, but it is not a contractual obligation and FarklesMT will not be liable if it is changed.

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39. FarklesMT provides motorcycle jackets, helmets, and gloves. However, the supply is not limitless, and the sizes range from S to XXXL. FarklesMT recommends that the trainee brings their own equipment. The trainee must provide their own boots and jeans for all courses (see 6(b)). The trainee must provide their own motorcycle clothing and equipment if they wear off-the-peg clothe sizes (including either very small or large helmets). FarklesMT will not be liable if the equipment provided does not fit, and the course fee may be forfeit. It is a DVSA requirement to wear the correct clothing, and it is at FarklesMT’s discretion as to what is suitable. It is the trainee’s responsibility to enquire in writing seven days before the start of the course if they have any questions relating to clothing (particularly if they have a disability that affects what they can wear).

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40. FarklesMT is not responsible for the weather conditions or for the accuracy of the weather forecast. As such FarklesMT reserves the right to decide about the weather at its discretion. This may include cancelling a course shortly before it starts. FarklesMT will not be liable for any costs this may incur to the trainee or third parties. FarklesMT decision will be based on road safety.

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41. FarklesMT will treat all trainees equally and make no discrimination based on sex, race, identity, culture, disability, or any other protected categories. Where adjustments need to be made to accommodate the training (for example deafness) then it is responsibility of the trainee to inform FarklesMT in writing seven days before the start of the course. FarklesMT (its business reputation, employees, and staff) will not tolerate any verbal or physical abuse, swearing, haranguing, falsehoods, threatening behaviour, or threatening communications, and reserves the right to terminate the contract with the trainee; any outstanding course fees will be forfeit.

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42. If the trainee has a complaint, then this must be done in writing. All complaints must be factual and supported by evidence; FarklesMT will not respond to threats. Any comments about the complaint made on social media before the complaint’s procedure is concluded will invalidate the complaint. To gather evidence for a complaint does take some time, and the trainee should allow twenty-eight days.

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43. FarklesMT provides standard motorcycles and mopeds for training (currently Suzuki SV650, Honda CB125F, Honda PCX 125, Benelli TNT 125, Lexmoto Echo 50,). It is the trainee’s responsibility to ensure that they are physically able to fit on these models. FarklesMT will not be liable if the trainee is unable to take the course if they do not fit the motorcycle/moped provided. The trainee is at liberty to provide their own motorcycle/moped provided it is road legal and meets the requirements of the course they are taking (as defined by the DVSA see 6(b)). FarklesMT reserves the right to change this list of models without reference to the trainee.

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44. FarklesMT operates its office between the hours 8:30am to 5:30pm Monday to Friday and 8:30am to 5:30pm on Saturdays. The office is closed on Christmas Day, Boxing Day, and New Year’s Day. FarklesMT will not be liable for any communications it receives outside these hours or days. Please refer to www.FarklesMT.co.uk for opening times.

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45. By signing these terms and conditions the trainee acknowledges that they have read the contents of this document and all the correspondence it receives from FarklesMT in full. A failure to follow FarklesMT policies and procedures or read FarklesMT’s communications will make the trainee liable for any subsequent losses.

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46. FarklesMT will provide motorcycle training to the best of its ability in line with the DVSAs guidelines and procedures. FarklesMT will provide a motorcycle/moped suitable for this purpose (where one has been booked). FarklesMT will provide correctly qualified and supervised instructors for each course. FarklesMT will communicate with the trainee via text, email, and phone to help progress the course. FarklesMT is not for profit and any charges made by FarklesMT are made to cover the cost of the business (such as rent, wages, capital costs, etc.). The ratio of trainee to instructor will be legal. FarklesMT will provide radio communications. FarklesMT will provide a legal training area. FarklesMT will undertake all courses with road safety as its primary goal.

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Contact: Farkles Motorcycle Training, Sedbergh. Tel: 07513 205228