Terms and Conditions
HGV Driver Training Services
1. The terms and conditions below form the basis of the contract between the Customer (the “Customer”,” You”, “Your”) and RED DRM Limited (t/a RED Driver Training) (the “Company”, “We”, “Us”, “Our”), a company registered in England & Wales under company number 07558039, whose registered office is located at Pavilion 6 Coxwold Way, Belasis Hall Technology Park, Billingham, Cleveland, TS23 4EA.
1.1. These are the terms and conditions on which We agree to supply HGV Driver Training Services to You (“Services”,” Course”).
1.2. All communications (including complaints) should be addressed to the company at Building 3A, Western Paddock, Donington Park Circuit, Castle Donington, Derbyshire, DE74 2BN or by email to: email@example.com
1.3. The headings of the sections of these terms and conditions are for convenience of reference only and in no way define, limit, or affect the scope or substance of any section or paragraph.
All Course fees must be paid in full at the time of booking unless agreed beforehand by the Company. The fees charged by the Company for its Services can be found on the invoice provided. Course fees can be paid by bank transfer or credit/debit card.
3. How to accept Our offer
By providing You with an email quotation for Services We have made an offer to You to provide the Services described and at the price stated in that quotation. In order to accept our offer and form a contract with Us, You must pay the full amount stated in the quotation. By doing so, You are expressly agreeing that these terms and conditions shall exclusively apply to the contract between Us to the exclusion of any other terms and conditions which You may seek to apply, or which may be implied by custom, practice, or other course of dealing. Our quotation may contain details of certain prerequisite requirements which You must satisfy in order to undertake the applicable training Course, for example, any necessary pre-existing class of driving licence and any medical certification requirements. Our offer is made subject to You satisfying any prerequisite requirements and You should not accept our offer if You do not satisfy these requirements. Some elements of the Services have expiry dates / test situations between elements, if You cannot satisfy these deadlines, You should not accept our offer, if an element of the Services expires or if You fail a test situation, no refunds will be offered.
3.1. Your order number
We will assign an order number to Your order and tell You what it is when We accept Your order. It will help Us if You can tell Us the order number whenever You contact Us about Your order.
3.2. We only provide Services within the UK
Our website is solely for the promotion of our Services in the UK. Unfortunately, We do not accept orders from addresses outside the UK.
If You wish to cancel Your training Course, we recommend that You notify Us in writing via recorded delivery to RED Driver Training, Building 3A, Western Paddock, Donington Park Circuit, Castle Donington, Derbyshire, DE74 2BN, or via email to firstname.lastname@example.org. We must have a clear record of Your cancellation. If You have utilised any part of the Services such as booking medical services, subscribing to the theory training package or received any practical training You will not be entitled to a refund of any fees paid.
4.1. Exercising Your right to change Your mind if You are a consumer (Consumer Contracts Regulations 2013).
If You are a consumer, then for most services bought at a distance You have a legal right to change Your mind within 14 days and receive a refund. However, once We have delivered the Services You cannot change Your mind, even if the 14-day period is still running. If You cancel after We have started delivering the Services, You must pay Us for the Services provided up until the time You tell Us that You have changed Your mind. The amounts that may be refundable are detailed in Clause 4.2.
4.2. Refund Terms:
Time Since Payment
Within 14 days and Services not started
Within 14 days and Services started
Full refund minus value of Services already provided
Between 14 and 28 days
40% of invoice paid back less value of Services already provided
29 days to 3 months
30% of invoice paid back less value of Services already provided
3 months to 6 months
20% of invoice paid back less value of Services already provided
6 months to 11 months
10% of invoice paid back less value of Services already provided
11 months or longer
Nothing paid back
4.3. The Company reserves the right to terminate the Course if the Customer is considered to be abusive, aggressive or under the influence of alcohol or drugs. In this scenario, no fees will be refundable if outside the 14-day cooling off period.
4.4. The Company reserves the right to terminate the Course if We consider the Customer, whilst in charge of the vehicle, to be a danger to themselves, the instructor, or the general public. In this scenario no fees will be refundable if outside the 14-day cooling off period.
5. In the event of a breakdown of the tuition vehicle during Your training, the Company will, at no extra cost to You, replace any lost training hours and cover the cost of any resulting missed test. Such replacement training to be rescheduled at the Company’s discretion but not to be unreasonably delayed.
6. The Company cannot be held responsible for a practical test being cancelled by the Driving Vehicle Standards Agency (DVSA) or any other reason outside its reasonable control. Any rebooked Courses will be charged at our prevailing rates at the time of rebooking. The Customer is entitled to apply to the DVSA for a refund of their costs incurred by the test being cancelled. This is outlined on the www.gov.uk website.
7. Should the Customer miss any scheduled training session for any reason other than due to fault on the part of the Company, that session will be classed as null and void. No Course fees will be refunded in such circumstances by the Company And the Customer will be required to pay for and attend a replacement session at the prevailing rate at the time, before continuing with the remainder of the Course.
8. The Company cannot guarantee to the Customer that they will have the same vehicle or instructor for each training session or test attended, although it will endeavour to do so.
9. The Company, acting reasonably, will determine when training cannot proceed due to traffic or adverse weather conditions or any other event beyond the reasonable control of the Company. The Company cannot be responsible for cancellation of part of the Course due to such events. The Company accepts no liability for any other losses or expense suffered by the Customer due to cancellation in such circumstances. Sessions cancelled under the Clause 11 will be rescheduled for a suitable future date at no extra cost to the Customer.
10. Car parking at the Company’s Donington training centre is free to Customers. However, other than loss caused by its own negligence, the Company accepts no liability for any damage to or loss of personal effects from: the Customers own vehicle, the Company’s training vehicle or the Company’s premises.
11. Should the Customer not reach the DVSA practical test standard within the Course period; the Company reserves the right to refuse the use of its training vehicle for the practical test. In this case, all remaining Course fees will be forfeited.
12. The Customer must produce to the practical test DVSA driving examiner, a form of photographic ID, their current valid driving licence and if possible, their theory test pass certificate. Failure to do so will result in the test being cancelled and fees paid will be forfeited.
13. Where our contract for Services with the Customer is to provide driving tuition only, it is the responsibility of the Customer to ensure that the vehicle they present for test, is suitable for the test and training purposes and is fully covered by a valid policy of insurance that satisfies the requirements of the relevant legislation. Failure to comply with this clause and all applicable legislation will lead to termination of the Course and, unless any part of the Course can be sold elsewhere all Course fees will be forfeited.
14. Eligibility – It is Your responsibility to make sure You are eligible for this Course. If You book or complete the Course and You are not eligible Your Course will not be valid, but You will still have to pay in full.
15. Nothing in these terms is intended to affect Your rights regarding the quality of the Services 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.
16. Other important terms
16.1 We may transfer this contract to someone else
We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer Your rights to someone else
You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing.
16.3 Nobody else has any rights under this contract
The contract is between You and Us. No third party shall have any right to enforce any of its terms.
16.4 If a court finds any part of this contract illegal, the rest will continue in full force and effect
If any term or provision of the contract becomes unenforceable due to a change in applicable law, the remainder of this contract shall continue in force as though that unenforceable provision was not in existence.
16.5 Even if We delay in enforcing any rights under this contract, We can still enforce it later
Failure to exercise any right under this contract does not constitute a waiver of those rights. For example, if You miss a payment and We do not chase You, but We continue to provide the Services, We can still require You to make the payment at a later date.
16.6 Which laws apply to this contract and where You may bring legal proceedings as a consumer
This contract shall be construed in accordance with the law of England and Wales. Any dispute arising under or in connection with it shall be subject to the exclusive jurisdiction of the English Courts.