Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
Definitions
For the purposes of these Terms and Conditions:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Bay Cities Driving School.
- Service refers to the driving instruction services provided by the Company.
- Website refers to Bay Cities Driving School, accessible from https://baycitiesdrivingschool.com
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.
You represent that you are at least 15 years old. The Company does not permit those under 15 to use the Service.
1. Lesson Policies
- We strive to schedule students with the same instructor for each lesson to maintain continuity; however, this may not always be possible due to timing and resource constraints. You may request a different instructor when scheduling your next lesson.
- Bay Cities Driving School holds its instructors to a very high standard. While most of our lessons are private between an individual student and instructor, from time to time, an additional instructor may sit in for quality control and training purposes.
- We utilize dash cams in select company vehicles to provide a safer experience for both our instructors and students. Each dash cam captures audio and video of both the cabin and the road. Bay Cities reserves the right to retain dash cam footage for training purposes or in the event of a legal dispute. By using our services, you consent to the recording of audio and video during your driving lesson.
2. Your Safety
Driving a vehicle is inherently risky, and our goal is to make it as safe as possible. Please follow all instructions given by your instructor and adhere to all traffic laws and regulations. Do not use any devices or engage in activities that could distract you during your lessons.
3. Scheduling Policies
- If you do not have your learner's permit yet, you may enroll in any lesson package, but we cannot schedule you until you have obtained your permit.
- Students with pre-paid lesson packages may schedule future appointments in advance; otherwise, only one lesson will be scheduled at a time.
- Pre-paid lesson packages are typically scheduled over several months to allow time for practice between lessons. We recommend at least 10-15 hours of practice between the first and second lesson. The third lesson is usually scheduled closer to the student's test date, and we recommend scheduling in advance.
- We are busiest during the summer months and may not be able to accommodate all schedule requests but are happy to waitlist you for openings as they become available.
4. Payments
- Lessons will be canceled and subject to a cancellation charge if a payment has bounced or a customer has not paid.
- If a student has an outstanding balance, certificates of completion will not be issued until the balance is paid.
- A lost certificate of completion for Driver Education or Behind-the-Wheel Training can be replaced for a $30 fee.
5. Refunds, Modifications, and Cancellations
- All Driver's Ed purchases are non-refundable and all sales are final.
- All services are non-refundable once provided. We do not provide refunds for lessons that have already occurred.
- Partial refunds for the unused portion of pre-paid packages are based on the individual prices for lessons already provided. We charge a mandatory cancellation fee of 3% of the total refunded for all refunds (in order to cover fees associated with refunding).
- Pre-paid lesson packages are valid for as long as the original California learner's permit is valid. Any payments for unused lessons are forfeited after the original California permit expires.
- Cancellations or changes to scheduled lessons may be made at least 72 hours before the lesson without penalty.
- For any lesson changes (changes to pickup location, dropoff location, scheduling date or time, or instructor) with less than 72 hours' notice but more than 24 hours' notice before the scheduled lesson time, a $100 cancellation fee will be charged.
- For any lesson changes (changes to pickup location, dropoff location, scheduling date or time, or instructor) with less than 24 hours' notice before the scheduled lesson time, a cancellation fee equal to the full lesson price will be charged.
- For any no-shows (i.e., the student is not available at the designated lesson time), a cancellation fee equal to the full lesson price will be charged.
- Students must have their original, DMV-issued permit with them during the lesson. If an instructor arrives and the original permit is not available or has expired, or the student is unable to participate in the lesson without prior notice, a cancellation fee equal to the full lesson price will be charged.
- Students are responsible for keeping the vehicle clean during their lessons. If a student dirties the car, a $100 cleaning fee will be charged. This includes, but is not limited to, incidents such as vomiting, spilling food or drinks, or bringing items that cause stains or odors in the car.
6. Changes to These Terms and Conditions
Our business is evolving, and we may update or change these Terms from time to time. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect by posting the new Terms on our Website or through other communication means. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
7. Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will cease immediately.
8. General Representation and Warranty
You represent and warrant that:
- Your use of the Service will be in strict accordance with the Company's Privacy Policy, these Terms, and all applicable laws and regulations.
- Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
9. Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, instructors, contractors, and licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of these Terms.
10. Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its instructors under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its instructors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for personal injury, loss of data, or any other damages or losses arising out of or in any way related to the use of or inability to use the Service).
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such states, each party's liability will be limited to the greatest extent permitted by law.
11. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, the Company does not warrant that the Service will meet your requirements, achieve any intended results, be compatible with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations shall be applied to the greatest extent enforceable under applicable law.
12. Governing Law
The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
13. Dispute Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
14. Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Service and supersede any prior agreements or understandings, whether oral or written, between you and the Company.
16. Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
- By email: info@baycitiesdrivingschool.com
- By phone: (650) 368-6565
Conclusion
Thank you for choosing Bay Cities Driving School. We appreciate you taking the time to read these Terms, and we are committed to providing you with the best possible learning experience. If you have any questions or concerns about these Terms, please reach out to us at info@baycitiesdrivingschool.com.