1) Interpretation

a) These terms and conditions relate to all training delivered by Heads of the Valleys Training Limited
b) In these terms and conditions “we” means Heads of the Valleys Training Limited (and “us” and ”our” will be construed accordingly); “you” means our customer or potential customer (and “your” will be construed accordingly);

2) Our Contract with you

a) These are the Terms and Conditions under which we provide our training programmes and any additional services to you. The details of your booking for our services will be confirmed to you via the Joining Instructions that we send you. Please ensure that you read these Terms and Conditions carefully and check the details on the Joining Instructions are complete and accurate. If you think that there is any mistake you must contact us immediately to discuss it. We will confirm any changes by email or writing to you.
b) These Terms and Conditions will become binding on you and us when we confirm your booking via our Joining Instructions, either by email or in writing, at which point and on which date, a Contract will come into existence between you and us.
c) Each one of the clauses in these terms and conditions operates separately. If the company at its own discretion agrees to waive any individual term or condition it does not mean that any other condition will be waived, and all other terms and conditions will remain in force.
d) Each contract under these Terms and Conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
e) These Terms and Conditions will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms.

3) Fees and Payments

a) All fees for the training programmes and any additional services to you will be set out in the Joining Instructions and an invoice will be sent out shortly afterwards.
b) All fees must be paid in full 14 days before the start of the course unless otherwise agreed. Customers who have an authorised credit account with us must provide a Purchase Order number 14 days before the start of the course unless otherwise agreed.
c) If the course has not been paid for in full, or a Purchase Order has not been received from customers with an authorised credit account, we reserve the right to release the course to be available for booking by other customers.
d) An administration fee will be charged for reorganisation of training programmes and any additional services that are requested by you within 14 days of the start date of the course or service.
e) We reserve the right to change our fees and prices at any time, but changes made will not retrospectively affect any contracts already in existence.
f) The price we have given on a quote will stand for 30 days from the date the quote was given.

4) Cancellations and refunds

a) Any course cancellations must be made in writing or by email to us 10 working days before the start date of the course or service. Fees will be payable depending on notice period given:

Notice Given % of fee charged
10 working days or more Nil (excluding deposit)
5 – 9 working days 50%
0 – 5 working days 100%

b) We will refund 100% of fees paid for courses cancelled, in accordance with clause a) above, where the cancellation is made more than 10 working days before the start date of the course or service. There will be no refund of fees paid for courses cancelled within 10 working days of the start date of the course or service.
c) A deposit of £200, taken in advance to secure your booking, is non-refundable, irrespective of cancellation notice period given.
d) We are not responsible for practical tests being cancelled by the DVSA, or other Government Departments, or examinations cancelled by Awarding Bodies. In this event we will endeavour to rebook a test as soon as possible using the test fee already paid where possible. Any further training needed, due to the delay between the original course and the rebooked test, will be subject to further charges.
e) If we have agreed to refund you with all or part of any payments made, we will process the refund agreed as soon as possible and, in any event, within 30 days of the day we agreed the refund.

5) Force Majeure

a) A “force majeure” event is an event which is beyond our reasonable control.
b) Where a force majeure event results in a failure or delay in us performing our obligations under these terms and conditions, then those obligations will be suspended for the duration of the force majeure event.
c) We will notify you of any such event as soon as reasonably possible.

6) General Terms

a) It is solely your responsibility to ensure that you have a legal driving licence, and the correct LGV provisional entitlement on your licence, before starting a driving course.
b) Failure to produce a legal licence to drive in the UK and/or the correct provisional entitlement will result in the course being cancelled and all course fees being forfeited.
c) Any necessary or required PPE will be supplied by us, unless otherwise stated in your booking confirmation and joining instructions. You are responsible in ensuring you bring appropriate clothing, including footwear, for the course being attended and the weather conditions at the time.
d) All customers and visitors to our premises must adhere to our site safety rules and their legal obligations under the Health & Safety at Work Act 1974. A site induction will be conducted upon arrival on the first day of your course.
e) We operate a no smoking policy, which includes e-cigarettes, in all our training vehicles and premises. You must use designated smoking areas when on site, which will be shown to you during your course induction.
f) We will make all efforts to keep to the original course details or services agreed with you on the Joining Instructions, however, in the event of changes being necessary we will inform you of any changes as soon as reasonably possible.
g) We cannot guarantee that the same Instructor or vehicle will be used to deliver the entirety of any course, although we will make all efforts to ensure that they are.
h) In the event of a mechanical breakdown of the training vehicle we will provide you with the equivalent of any lost tuition time at no extra cost.
i) Should you miss any training due to your personal circumstances, including sickness or injury, no refund of training costs will be given for the time missed and any additional training will be subject to normal training costs.
j) If you attend for a course and appear at any point to be under the influence of alcohol or drugs, we will immediately cancel the course or service and all fees will be forfeited.
k) We will not be held responsible for any loss or damage to any vehicles or personal property left on or in the company’s premises.
l) Every effort is made to ensure course notes, presentations and course content material is correct at time of print/delivery. However, the company does not accept any responsibility for any errors or omissions.
m) A vehicle/machine supplied by you to be used in the training or service that we are providing must be roadworthy, comply with all current Road Traffic Act and Safety at Work requirements and be suitable for the purpose of the training or service being provided. If we consider that the vehicle is not fit for purpose for whatever reason, we will refuse to use the vehicle and cancel the course or service booked if another suitable vehicle cannot be provided in its place.
n) We will not be liable for any costs incurred on your vehicle or by your driver whilst it is being used on a training course, or for any subsequent costs relating to its use on a training course.
o) All costs incurred by us through the termination of a training course or provision of a service will be charged to, and payable, by you in accordance with our normal payment terms of 30 days from invoice date.
p) We have a legal responsibility and moral duty, to the DVSA examiner, to present candidates to test who are safe and competent to drive the category of vehicle they wish to be tested on. If, at the end of the course, the instructor considers that you are not driving at a safe enough standard to be put forward for test then you will be informed of this, and we will advise the DVSA that you will not be attending for test. In this situation the test fee will be forfeit and non-refundable as it is too late to cancel or change the test with the DVSA.
q) If, at the time of your course, there are any Government requirements in place regarding the wearing of face coverings, social distancing, or any other regulations due to a pandemic, or any type of national epidemic or event, you must adhere to these requirements whilst attending a course with us. Failure to comply with Government regulations will result in the course being cancelled with no refund of the course fees.
r) You will be required to make your own provisions for lunch and refreshments, unless otherwise stated on your course booking confirmation and joining instructions.

7. How we collect and use your data

a) We collect your data for our legitimate business purposes when you contact us in person, by phone, by email or letter. This may include your contact details, age and gender, photographic image, Driver Licence details, National Insurance number, exam and/or test details including results and your payment details.
b) We may use your data to notify you of training opportunities with us, changes to our services, updates to relevant rules and regulations, seek your views or comments on the services we provide, and send you communications which you have requested and/or may be of interest to you.

c) The data that we collect is retained for 10 years or longer if and as required by Government legislation. After that time the data is securely disposed of.

d) We also act as a Data Processor for the following Qualification Awarding Organisations and may share your details with them if appropriate to the training or service we are providing you. We comply with their data retention requirements where specified. If not specified we will keep data relating to their courses for 5 years on our server and then routinely delete it; DVLA, DVSA, JAUPT, RTITB, City & Guilds, Nuco Training, Highfield, SQA.

e) You have the right to object to the processing of your data and to request access to, update or correction of your data or to the erasure of your data. To exercise this right please contact us in the first instance on info@hovtraining.com and we will confirm the process to you.

f) You can request the full details of our Data Protection (GDPR) Policy by contacting us on info@hovtraining.com.