This week we bring a professional warning to any HGV drivers in the UK and Europe,...
HGV Driver Training Centre Terms & Conditions
The below is an outline of the services we provide, the customer/trainee obligations and our detailed terms and conditions.
HGV Driver Training Centre Ltd makes a commitment to provide the following services to customers/trainees
Customer/ Trainee Obligations
1. GENERAL TERMS
1.1 These terms apply to all business we undertake for you, in particular all HGV training courses and other services offered by our company, HGV Driver Training Centre Ltd registered address: Higgison House, 381 – 383 City Road, London EC1V. VAT number: 109357413, Company number: 07098994. You agree to take our services and we agree to provide services to you in line with the terms and conditions below. A DocuSign will be sent to all customers who purchase a service with HGV Driver Training Centre Ltd.
2. ORDERING FROM US
2.1 Most orders are placed by telephone. We will send you an order acknowledgement by post and/or email, setting out the course you have booked and a copy of our terms and conditions. If you have not received them it is your responsibility to let us know.
2.2 Our acceptance of an order takes place when we take payment and we have received the signed DocuSign. When we take payment the purchase contract will be processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept a Booking: (a) where training is not available; (b) where we cannot obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 There is a standard 2% charge for using a credit card. This is non-refundable after the 14 days cooling-off period.
2.5 We issue confirmation paperwork for all course elements via email, which we will remind you about when you book dates. If you cannot receive e-mails or do not receive them from us, it is your responsibility to let us know. If you do not receive written confirmation of your booking, there may be a problem with your training. In this event, it is your responsibility to contact Training Operations on 01276409628. If you do not contact us, we cannot be held liable for any lost training, missed tests etc. that may arise as a result.
2.6 Your booking with us is valid for 12 months from the date of payment. Any course elements not completed by the first anniversary of your payment will be voided and our obligations to you will expire. As such, we recommend that you proactively book course elements as soon as you are able, following the Process Guide supplied on booking. Our booking system is live, and we cannot guarantee specific availability for course elements, therefore to avoid disappointment we encourage you to book practical courses in by the 6th month to ensure your course is completed before the cut-off date. If you are concerned about your progress or completion date we encourage you to discuss this with an Advisor so that we can help you to complete in time. We reserve the right to offer you training in locations further afield from your home address or at unusual times in order to get you completed before the cut-off date.
2.7 Although Theory Tests can be undertaken on a deposit only basis, full course fees must be paid before driver training course dates can be arranged.
2.8 After you’ve booked and paid, if you recommend a friend to us who also books with us, we’ll give you £100 cash back. Your friend must not have enquired with us before or attended any of our training courses or seminars, must be introduced by you only and must book a ‘full course’; a ‘full course’ is defined as 1 HGV Training Week + two of the following items; Direct Access Course, Pass Protection, Drivers CPC Course. Please note that a booking for multiple drivers does not qualify under this scheme; each ‘friend’ must book separately, not be paid for by you, and satisfy the aforementioned criteria. You and your friend should let us know in writing that you are eligible for the cash back under the Recommend a Friend scheme before the start date of your friend’s course with HGV Driver Training Centre Ltd.
3.1 Our prices include VAT at the prevailing rate.
3.2 Where we charge separately for items of the services we provide, that will be explained fully to you or set out on our website.
3.3 Our prices are reviewed periodically, but you will be told a firm and binding price when you are booked on a course which will not change except when you later change the location of training where a price may differ and we would agree that price with you before you are bound to pay it. However, do check the price when you telephone as if you had retained prices from a long period of time before they may not be the latest price.
3.4 Our Pass Protection gives the trainee an additional attempt at a driving test with a minimum of 1 hour’s training beforehand, each policy can only be used once, however more than 1 policy can be purchased. In the absence of a Pass Protection, retests are subject to additional charges. Please note that The Pass Protection is not redeemable against Theory or CPC tests, only on practical driving tests.
3.5 Our agreement with our suppliers is that you cannot book further courses direct with the training school you initially trained at for at least 24 months after the training or other services you booked with us have been completed.
3.6 If you pass your test, but this test or any part of your course was not booked through HGV Driver Training Centre Ltd, we will be unable to assist you with recruitment/job search.
3.7 Full course fees for a Category C course include 1 attempt at the Multiple Choice and Hazard Perception DVSA Theory Tests. In the event of failure of these tests, any retakes would have to be paid for separately. The trainee driver will be required to pay an additional fee to test on Saturdays.
4. COMPLAINTS POLICY
4.1 You have the right to complain about any aspect of our services to you in which you are unhappy. All complaints regarding any courses should be: Directed to HGV Driver Training Centre Customer Services, sent in writing via Recorded Delivery, and not received any later than 7 calendar days after the incident. HGV Driver Training Centre Ltd will endeavour to acknowledge receipt in writing within 5 working days and reply in writing within 28 working days. You can request a copy of our complaints procedure by emailing firstname.lastname@example.org.
5. CANCELLING A COURSE
5.1 If you wish to cancel your training course, we recommend that you notify us in writing via recorded delivery to HGV Driver Training Centre Ltd, Flagship House, Reading Road North, Fleet, Hampshire, GU51 4WP, via email to email@example.com or by telephone to a member of staff at HGV Driver Training Centre. We must have a clear record of your cancellation. HGV Driver Training Centre Ltd will endeavour to acknowledge receipt in writing within 5 working days, reply in writing within 28 working days and will make any refund due within 14 days. You can request a copy of our complaints procedure and cancellation form by e-mailing firstname.lastname@example.org. Your starter pack includes a subscription for the online Theory Test revision, in this instance, if you HAVE requested the set-up of this service, £200 would be retained by us for activation of the theory test service. If you have NOT requested activation of the login, you will not be charged for this.
5.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, our clients have a right to cancel within 14 days of making a payment for a course with us.
5.3 If you agree to start the service immediately by signing the DocuSign, you will be liable for the cost of any services provided.
5.4 Your starter pack includes a subscription for the online Theory Test revision, in this instance, if you HAVE requested the set-up of this service, £200 would be retained by us for activation of the theory test service. If you have NOT requested activation of the login, you will not be charged for this.
|Time since payment||Refund Amount|
|Within 14 days and services not started||Full refund|
|Within 14 days and services started||Full refund minus services provided as per clauses in section 5 above.|
|After 14 days but less than 1 month||Deduction of 60%|
|1 Month to 3 Months||Deduction of 70%|
|3 Months to 6 Months||Deduction of 80%|
|6 Months to 11 Months||Deduction of 90%|
|11 Months or longer||Deduction of 100%, no refund due|
Refunds will be processed 14 days from date of acceptance letter. If you write to us to request a refund or make a complaint, we reserve the right to cancel any active training courses/bookings on your account if there is a legitimate operational reason to do so.
5.6. If you cancel a booked training course (training dates confirmed in writing) rather than all the services paid for outside of the 14 days cancellation period but with less than 4 weeks before the first day of the course the full fee is charged as we cannot refill places and will have incurred our own non–cancellable costs with our own providers. However, it may be possible to substitute people or defer the course to another date at the discretion of HGV Driver Training Centre Ltd. Any remaining courses not booked will be dealt with separately.
5.7 Pass Protection, Direct Access and Drivers CPC courses are non-refundable outside of the 14-day cancellation period.
5.8 Course fees paid to us are non-transferable.
5.9 In the event that the trainee receives a permanent fail on his/her medical a full refund of all course elements not started will be given upon receipt of proof of failure. Such proof of failure must be from the DVLA. No other sources are acceptable. Please note that we cannot refund course elements you have activated or taken as per clause 5.
5.10 Refunds will be issued upon request where appropriate and the amount refunded will be as per clause 5.4, 5.5 and 5.6. Any refund calculation is valid for 4 weeks, failure to accept the refund as per the calculation within this timeframe will cause the offer to become void and the trainee will need to request a new refund calculation which could result in increased cancellation charges and less refund due.
5.11 In the event of training being cancelled due to any unforeseen circumstances, for example bad weather, we are not liable for any costs you have incurred including without limitation to: loss of pay, your transport costs and the like. Candidates are responsible for taking out a relevant insurance policy which will protect them in the event that they are unable to attend training or tests booked for them for any reason. We are not liable for any costs.
5.12 Chargebacks – If you already have a refund request processing with us we will then only deal with your request via the acquirer and will cease to continue with our refund process directly with you. If you have training booked in relation to the chargeback / retrieval item, we reserve the right to suspend training until the chargeback/ retrieval request has been resolved. If the retrieval is successful, any training booked with us for you relating to this item will be cancelled immediately without prior notice. If the retrieval is unsuccessful, training will only re-commence once written confirmation has been received from the acquirer. If you need to check the status of a chargeback/ retrieval you will need to contact your card issuer.
6. DELIVERING YOUR TRAINING
6.1 Any trainee testing after the 10th September 2009 may be liable for the cost of a CPC test and training. It is the trainee’s responsibility to ensure that they are correctly qualified under the Driver CPC Legislation. Although we will endeavour to advise you to the best of our ability, the ultimate responsibility falls to the Trainee. Before booking a CPC course module (either initial or periodic) with us, we advise you to check your eligibility for the course, and make sure that the nature of your daily work does not make you exempt from the legislation.
6.2 Courses vary from location to location however they will all follow the below:
6.3 Any training or test missed due to the trainee’s personal delay such as traffic or illness will not be reallocated and as such will be forfeited and need to be rebooked at the expense of the candidate. Any missed training due to a school delay such as truck breakdown or instructor lateness will be reallocated.
6.4 If the trainee’s instructor advises the trainee that he/she needs more training in the interest of road safety, we are not responsible for the costs of such extra training and they will be covered by the trainee and be paid to us only. No fees must be paid to anyone other than the company and if you are in doubt about whom to pay contact our head office and obtain confirmation in writing.
6.5 Our courses are of a uniform duration and standard. Therefore, if a candidate is not ready for test on the final day, they may forfeit the test appointment if the Examiner, Instructor or Training School feels that it is not safe to take the candidate to test. In the event that the candidate cannot test, we will not be held liable for any costs of extra training or for replacing the forfeited test. It is the candidate’s responsibility to ensure that their driving standard is sufficient for them to pass within the timeframe allowed by the course which they have booked.
6.6 Trainees must ensure that they are not under the influence of alcohol or illegal drugs during their course – if HGV Driver Training Centre Ltd has reason to believe that you are under the influence of drugs or alcohol, your course will be terminated immediately, with all relevant fees forfeited. Please exercise due care and attention when taking over-the-counter or prescription medicines in the run up to your course. If you’re in doubt about whether they could affect your driving, please consult your GP.
6.7 If you’re banned from driving for any reason after you’ve made your booking with us, your rights to any refund will be as per the Terms laid out in Clause 5.
6.8 Trainees commit to conducting themselves in an appropriate manner: HGV Driver Training Centre Ltd reserves the right to terminate a course without notice should they, in their reasonable discretion, decide that a Trainee Driver has acted or behaved inappropriately, including but not limited to, verbal and physical abuse towards HGV Driver Training Centre Ltd staff, Training Partner staff or DVSA staff. If a Trainee Driver wishes to appeal such decision, they should do so to the Customer Services Team by following the Cancellations and Complaints procedure listed under Clause 4.
6.9 Trainees are advised against working during their training week in the interest of public safety. If a Trainee shows any signs of exhaustion or tiredness, HGV Driver Training Centre reserve the right to terminate training until the Trainee is fit and safe to drive. Any training missed will be forfeited and won’t be reimbursed.
6.10 The nature of our business means that we have to comply with the prevailing licensing legislation at the time you make your booking. If there are changes to legislation which affect your course booking during your time with us, we will make every reasonable effort to inform you and help you to understand how the changes affect you. Changes to legislation can sometimes mean that customers need to purchase additional courses in order to remain compliant. We are not responsible for any costs.
6.11 The DVSA, or DVANI depending on your location, require confirmation that you have been a resident for more than 185 days through the past 12 months before allowing test. It is the trainee’s responsibility, not HGV Driver Training Centre’s, to ensure that you meet this criteria and inform the DVSA at time of test. Any tests cancelled or terminated due to not meeting this criteria will be deemed a forfeit and all funds relating to the test will be lost.
7. LIABILITY AND GENERAL
7.1 Although we endeavour to provide our services with reasonable skill and care, we limit our liability to you to the fullest extent permissible by applicable law to the fees you have paid us in the 12 months prior to a claim. We do not accept and hereby exclude liability for indirect loss, loss of profit, revenue or good will. However, nothing in these terms excludes nor limits our liability for death or personal injury caused by our negligence nor for fraud or fraudulent misrepresentation.
7.2 These terms and conditions are governed by English Law. In the event of a dispute, both parties agree to submit to the non-exclusive jurisdiction of the English Courts. Should you have any complaint, please raise it with us first, so that we may be given a chance to resolve your query. These terms are the entire agreement between us and replace any other or earlier terms. Any variation to these terms must be agreed in writing and signed by both of us. Our failure to enforce a right will not waive it and any unenforceable term will be severed from this Agreement.
7.3 HGV Driver Training Centre Ltd reserves the right to update or amend these Terms and Conditions, you agree however to the terms and conditions as signed by you.
7.4 Calls made to HGV Driver Training Centre Ltd at any point are recorded for training & monitoring purposes and we always ensure we comply with the Data Protection Act 1998. We will not sell or pass your personal data to third parties without your consent however our contractors, connected and associated/joint venture companies may process your personal data on our behalf. We may pass your details to companies and recruitment agents interested in hiring drivers, but if you wish us not to do so you can notify us and we will cease to do so within 30 days of receipt of notice. If you would like to request access to data held on you by HGV Driver Training Centre Ltd, you must fill out a Subject Access Request Form which you can get from Customer Services by e-mailing email@example.com and must pay a fee of £10.00; without these we are not liable to provide this information to you.
9. Nothing in these terms is intended to affect your rights regarding the quality of our services or any products that we supply to you. Should you require more information regarding these rights, please contact either the Citizen’s Advice Consumer Service, or your Local Authority Trading Standards Service for further advice.