ENTERPRISE TRANSPORT TRAINING LIMITED
TERMS & CONDITIONS FOR THE SUPPLY OF TRAINING SERVICES
These Terms and Conditions of Business are for the supply of training services by Enterprise Transport Training Limited (herein and hereafter called “the Company”) are deemed to be accepted by the Client by the virtue of placing a booking for training services or for the engagement of Enterprise for any other services.
These Terms and Conditions of Business are a legally binding contract between the Company and the Client and may only be varied by express agreement, in writing, by a Director of the Company.
1. Any Client taking a course with the Company agrees to adhere to all instructions or notices given to them, both verbally or in writing, by any member of the Company’s staff. All Clients must comply with the Company’s safety policies and legal obligations governed by the Health and Safety at Work Act 1974 and will not contravene any duty or inspection imposed by law.
2. All Clients are bound to provide truthful, factual and accurate information to the Company at all times. Failure to provide accurate information or to withhold information will result in the immediate termination of training and all monies will be forfeited.
3. For Driving Courses, a valid driving licence is to be carried at all times from the start of training and for the duration of the course, theory and practical test. Failure to produce a valid driving licence at the time of the theory or practical test will result in a fail, with all monies paid to the Company in relation to the test being forfeited.
4. All Clients taking a driver training course with the Company must ensure they have taken adequate rest before training to comply with the Driver Hours and Regulations and the Road Transport (Working Time) Regulations
5. Each individual must inform the Company of any medical condition, which may affect him or her or others (e.g. epilepsy or diabetes). All such information will be kept in confidence. In addition, it is the responsibility of each individual to take appropriate medical advice as to whether they are fit to participate in training.
6. Any Client found to be under the influence of alcohol or drugs will, with immediate effect, have their course terminated and will forfeit, in full, all monies.
7. If a Client is banned from driving during a course, all training will immediately cease and all monies will be forfeited.
8. In the event of a Client not attending a course date or failing to complete a course, all monies will be forfeited.
9. The Company reserves the right not to admit, or to expel, individuals without liability if, in our absolute discretion, the behaviour of the Client is inconsistent with that expected for the satisfactory delivery and management of training.
10. If training is being provided at the Client’s premises, it is the Client’s responsibility for adequately insuring all instructors supplied by the Company against all employer’s liability and third party risk arising during, or relating to, the supply of training requirements of the Client.
11. Where the client has requested training, using their own equipment, the Client will accept full responsibility for all statutory requirements placed upon them by the relevant governing bodies and Acts, including the maintenance and safety of their vehicles, plant machinery, lifting equipment, protective clothing and all insurances, including any loss, injury or damage sustained during the course of the training, or arising out of the neglect and/or breach of statutory duty by the Client or in any other way.
12. The Company will endeavour to provide an Instructor/Trainer for the full period of the training, but this cannot be guaranteed whether for all or part of the period. The Client accepts that no liability is attached to the Company for not supplying an Instructor/Trainer for part or the whole of the period of the booking. In the event of the Company being unable to provide an Instructor/Trainer for a training course, or part thereof, the Company will provide replacement training at the earliest possible opportunity without additional charge to the Client.
13. The Company will endeavour to provide reliable facilities, equipment and vehicles for the full period of the training, but this cannot be guaranteed whether for all or part of the period. The Client accepts that no liability is attached to the Company for any failure of facilities, equipment or vehicles for part or the whole of the period of the booking. In the event of the Company being unable to provide reliable facilities, equipment or vehicles for a training course or part thereof, the Company will provide replacement training at the earliest possible opportunity without additional charge to the client.
14. It is the Client’s responsibility to ensure the safe custody of any material supplied during the training course, as replacement materials will not be issued.
15. The Company accepts no liability of any kind for any loss or damage to property, or for any other loss, including loss of earnings, profits or injury to persons arising directly or indirectly from any act or omission of the Company, even if such act or omission results from negligence, fraud or dishonesty.
16. All fees are payable in sterling (unless otherwise specified), and must be paid to the Company at the time of booking or upon receipt of invoice. Services will not commence unless payment in full, including VAT, has been received by the Company.
17. The Company reserves the right to amend course dates and will make every effort to inform the Client of any changes in course dates or cancellations. Any cancellations or amendments made by the Company are free from financial penalty and the Client will be offered the next available training date.
18. Where a booking is subsequently rescheduled, at the request of the Client, the Company reserves the right to apply the following charges:
i. if a training course is rescheduled at more than 45 days’ notice before the course date, the change may be made without charge;
ii. if a training course is rescheduled between 15 and 45 days before a course date, a charge of 25% of the course fee will be payable. The Client will also have to repurchase any pre-booked, non-refundable examinations, tests and invigilation services;
iii. if a training course is rescheduled between 8 and 14 days before the course date, a charge of 50% of the course fee will be payable. The Client will also have to repurchase any pre- booked, non-refundable examinations, tests and invigilation services;
iv. if a training course is rescheduled between 7 days or less before the first day of training, a charge of 100% of the course fee will be payable. The Client will also have to repurchase any pre- booked, non-refundable examinations, tests and invigilation services.
19.
i. if a training course is cancelled with more than 45 days’ notice before the course date, a refund may be obtained for 75% of the course fee element;
ii. if a training course is cancelled between 15 and 45 days before the course date, a refund may be obtained for 50% of the course fee element;
iii. if a training course is cancelled between 8 and 14 days before the course date, a refund may be obtained for 25% of the course fee element; iv. for cancellations made 7 days or less before the first day of training, no refund will be given.
20. All monies paid for medical examinations, theory tests, driving tests, course materials, invigilation fees, OCR Case Study examinations and online study modules are non-refundable.
21. For cancellations of Driver CPC training courses, the upload fees will be refunded in addition to the refunds outlined above.
22. For cancellations of ADR training courses made prior to the course commencing, the SQA examination fees will be refunded in addition to the refunds outlined above.
23. No refunds will be given to any candidate who fails to attend a course for whatever reason or who fails to complete the course.
24. COVID-19 related – if you need to defer because of a COVID-19 related issue we will apply a 50% discount to course fee/invigilation cost element only upon re-booking. All 3rd party exam and test fees will be lost and are unrecoverable, ie OCR, SQA, DSA, DVSA and must be re-paid. This includes Theory and Module 2 computer based tests. The Company will require sight of a negative test result if the replacement course is within 14 days of the original booked course. We must be advised in writing BEFORE the course registration time on your first day of absence.
25. Cancellation will only be accepted in writing. The date at which the Company receives the written cancellation request will be regarded as the date of cancellation.
26. Where a Client has booked Periodic CPC training, but does not meet the attendance eligibility criteria due to not having completed Initial CPC training, no refunds will be given. The Client may, however, offset any monies paid against the cost of Module 2 and 4 Combined Initial CPC course.
27. Where a driving test is cancelled on the day of the test itself, due to bad weather conditions, the Client will be eligible for a refund of the test fee from the Driving Standards Agency. In this event, the Client will be liable for the full charges for the vehicle and Instructor time for which it was originally hired.
28. Training must be completed within 12 months of purchase. Upon the expiry of 12 months, any unused training will be forfeited and all fees will be unrecoverable.
29. In the event of a Client not meeting the standard of driving required for submission for a driving test, then they cannot be presented. The responsibility for submitting candidates, who are driving to the standard required to pass a test, rests with the Company and the decision will be final. In the event of this happening, the remaining training time will be turned into a lesson, and all test fees will be forfeited.
30. In the event of a Client not meeting the standard of reversing required for submission for a reversing test, then they cannot be presented. The responsibility for submitting candidates, who are reversing to the standard required to pass a test, rests with the Company and the decision will be final. In the event of this happening, the remaining training time will be turned into a lesson, and all test fees will be forfeited.
31. Where a Client takes a Category B to Category C+E driver training course, and that Client does not meet the required standard of driving to pass a test on a Category C vehicle, they cannot proceed to Category C+E until this standard has been reached. The responsibility for this decision lies with the Company and the decision will be final. Charges may apply for extra tuition.
32. For all Driving Courses: on your driving test day, you must provide a valid driving licence and a valid 3a (off road manoeuvres) certificate. For Clients taking a Category B to Category C+E driver training course, who completed a medical prior to 15/11/2021, they must be able to provide an email confirming they have upgraded their provisional entitlement. Failure to provide these documents will result in all monies being unrecoverable.
33. For all Driving Courses: on your reversing test day, you must provide a valid driving licence. For Clients taking a Category B to Category C+E driver training course, who completed a medical prior to 15/11/2021, they must be able to provide an email confirming they have upgraded their provisional entitlement. Failure to provide these documents will result in all monies being unrecoverable.
34. For quality control and insurance purposes, all training vehicles are fitted with a forward-facing dash cam. Fitted dash cam’s also record audio from within the cab. The footage is not routinely monitored, but under normal circumstances will be stored for a week and is available for review before being overwritten. However, there may be occasions where the footage is retained for training purposes or evidence.
35. Any payment for a booking made by cheque that is returned to us unpaid by the bank for any reason, will incur an administrative fee of £25.00.
36. The Company reserves the right to update and amend these Terms and Conditions at any time.