Driving Solutions

DO NOT PURCHASE A VOUCHER! – DO NOT PURCHASE A VOUCHER! Due to covid lockdowns and other personal reasons I was unable to use my voucher within the valid period. When I called, the customer service agent had no empathy for the situation and refused to compromise. Essentially this means $385 for absolutely nothing. It's a shame that Driving Solutions are happy to lose a… Read more

potential future customer for their own short term profit. I would not recommend doing business with a company with this ethos.

Before booking, it is perhaps worth considering who's hands you're in should something go awry on the track.

BE VERY CAREFUL ABOUT ACCEPTING THE TERMS AND CONDITIONS – I recently booked an advanced driving course with this company. After I paid, i was directed to a registration page and read the terms and conditions. Whilst most of the clauses were ok, i was concerned by the indemnity clauses. I am not a lawyer but ran this past one and you should get your own advice however these types of clauses can be… Read more

dangerous.

The clause:

THE PARTICIPANT AGREES: (a) to indemnify, and keep indemnified and hold harmless the organiser, its officers, trustees, employees, servants and agents from and against any and all claims by any person arising FROM OR AS A RESULT OF OR IN CONNECTION WITH THEIR PARTICIPATION in recreational activity, the use of equipment, or the provision of the recreational service INCLUDING THE NEGLIGENCE OF THE ORGANISER, THE PROMOTER, ANY OTHER SUPPLIER THEIR OFFICERS TRUSTEES EMPLOYEES SERVENTS AND AGENTS; and

(b) TO ASSUME FULL RESPONSIBILTY FOR AND TO INDEMNIFY AND KEEP INDEMNFIED AND HOLD HARMLESS the organiser, its officers, trustees, employees, servants and agents for any property damage arising from or AS A RESULT OF OR IN CONNECTION WITH the recreational service or their participation in the recreational events.

In this clause ‘claim’ means and includes any action, cause of action, suit, proceeding, claim, demand, injury, penalty, cost or expense (including legal fees and costs) HOWEVER ARISING but does not include a claim made by any person entitled to make a claim under a relevant insurance policy taken out by the organiser”. I read this clause to mean that it exposes "THE PARTICIPANT" (YOU) to a claim even if you had nothing to do with the incident as long as the incident arose because of you simply being at the course and it doesn’t matter who to, or how it happened, as long as they were there involved in some way, because of you being at the course. Such clauses may either void your insurance or you may not be insured.

All i asked was that Driving Solutions include a phrase that limited my liability to any act BY ME ONLY rather than the broadness of this clause., which was refused and they offered me a refund which i immediately accepted. Such indemnity clauses are one of the subject matters in the ACCC unfair contract terms legislation review currently underway.

AGAIN these can be dangerous clauses that you may not be able to insure for or your insurer may not cover you and you may be liable for a claim you had nothing to do with.

After I rang the general manager who promised me that they would address it with their solicitors five days ago, I have had no response.