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Flair's Terms of business:
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General:
We care about providing you with the full details of the contract being entered into between you "The Customer" and us, Flair Training "The Company". We have endeavoured to ensure that all our terms of business are fair and are designed to offer protection to both parties should the need to refer to them arise.
(1) Terms relating to the collection and payment of course fees
(1.1) At the time of booking any of our services a payment schedule will be agreed between us. The agreed payment date is known as the due date. The schedule will clearly specify the due date. We reserve the right to collect any payments from a previously used credit / debit card on the due date.
(1.2) Upon receipt of any payment a training voucher to the value of the payment is issued which is non refundable or transferable. A voucher is the customer's proof of entitlement to any of the company products or services. Vouchers are valid for a maximum of twelve months from when they are issued after which they have no monetary value. Vouchers may be valid for less than 12 months if they are bought as part of a course that was booked earlier. Vouchers are obtainable in any denomination and are redeemable for any of the company products or services at the voucher's face value.
(1.3) All monies paid towards the course fees as either deposits, part payments, balance payments or any form of instalment payment, or for vouchers are non refundable or transferable with the exception of the conditions mentioned in our refund policy within this document
(2) Our refund policy
(2.1) In accordance with the consumer protection (distance selling) regulations 2000, where a program/course is booked without face to face contact, a customer may cancel a contract up until the expiry of a period of seven working days beginning with the day after the day on which the contract is concluded. These regulations will only apply if you book a course by telephone, fax, post or electronically using the Internet. They will not apply if you visit a training centre in person to book a course. This period of consumer protection will be known as the cooling off period. Cancellations must be received in writing with proof of delivery (registered post) to our office within seven days.
(2.2) In accordance with the consumer protection (distance selling)(Amendment) Regulations 2005 if the performance of the contract has begun with the consumer's agreement within the cooling off period described in term (2.1) the right to cancel ends within the cooling off period. For clarity this means if the course training materials are sent to him immediately after booking the course and use is made of them, the right to cancel ends at that point.
(2.3) Subject to the DVLA confirming in writing that it has refused to issue a provisional licence on medical grounds all monies paid by the customer will be refunded unless the customer has already made use of any training materials. In this instance an administration charge of fifty pounds will be deducted from the refund to cover cost of all materials sent including postage and packaging.
(2.4) The company reserves the right to make a refund in any other exceptional circumstance as it sees appropriate. This term is intended to cover unusual compassionate situations. In certain circumstances the company may also allow a customer to transfer any outstanding training to another person.
(2.5) A refund is not considered as authorised until the company has confirmed in writing that a customer is entitled to it.
(3) Terms relating to the LGV driver training
(3.1) Our LGV training is usually conducted with a candidate/instructor ratio of 1:1 for a period of 3 hours. This block of training is refered to as a training Session.
(3.2) Once a training session has been arranged and confirmed by the customer, if the customer wants to cancel the session the training time will be lost unless we are able to find a replacement candidate to take up the arranged times. If the cancellation is for medical reasons, in addition to finding a replacement candidate, a doctor's certificate will be required that covers the period of the session. Except for medical reasons if we are able to reschedule the session it will be subject to an administration charge of fifteen pounds.
(3.3) If a student is considered by the company or their representatives to be under the influence of alcohol or drugs while on training they will have that and any outstanding sessions terminated and all their fees forfeited
(3.4) The company will not be held responsible for the loss of any personal items left in the training vehicle or on the company's premises.
(3.5) Smoking is not permitted in any training vehicle.
(3.6) The company will endeavour to keep customers in the same vehicle for training as much as possible and will not unduly transfer customers between vehicles or instructors except due to mechanical failure, holidays, sickness, etc. We cannot guarantee the same vehicle or instructor for retests.
(3.7) Anyone with three or more serious or dangerous faults on their test failure sheet will require two sessions retest training as a minimum.
(4) Terms relating to the DSA and LGV testing
(4.1) The company cannot be held responsible for any practical test being cancelled by the DSA (Driving Standards Agency).
(4.2) Should number (4.1) occur the customer will be charged 1 extra session hire of vehicle. This can usually be reclaimed from the DSA.
(4.3) All theory tests, Driver CPC tests and practical driving tests purchased from the DSA on behalf of the customer are subject to the terms and conditions of the DSA. If the DSA increases any test fees after the customer has booked with us, the customer must pay the amount of the increase.
(4.4) The customer must show to the theory test centre staff and the DSA driving examiner an approved form of photographic ID, a valid theory test pass certificate together with their current driving licence showing the correct entitlement on the day of their test. Failure to do so will result in the test being classed as null and void and all fees paid to be forfeited.
(5) Miscellaneous terms and conditions
(5.1) In the event of a mechanical breakdown The company will provide additional training, equal to the amount of time lost.
(5.2) The company accepts no financial penalty. ie loss of wages etc in respect of conditions (4.1) or (5.1).
(5.3) The company reserves the right to terminate any customer whilst on the course, who they or their representatives consider a danger to themselves or anyone else and proportion the fees charged accordingly.
(5.4) In the event of the closure or relocation of a branch irrespective of whether or not the customer has already taken training, any future training will be offered at the next nearest branch to their home address. No compensation will be made for any additional travelling expenses unless the extra distance exceeds 50 miles in which case the additional costs will be reimbursed at our current travel rates.
(5.5) Any candidate that does not book a retest within 3 months of failing a test will be required to book a minimum of 2 training sessions for the next retest.
(5.6) Should there be a complaint by the customer for whatever reason it will be the responsibility of the Company Training Manager to deal with that complaint fairly on behalf of the customer provided it has been sent by recorded delivery within seven days of the event that led to the complaint. Our target is to reply to any complaint within 14 days of receiving it.
(5.7) All courses must be completed within twelve months from the date of deposit being paid. After this time the contract expires and any unused training is null and void.
(5.8) All customers are informed of our terms & conditions which are readily available on the internet or from our head office. All customers are deemed to have read them before requesting our services or products.
Document issue point 1st November 2009 - Ref TC1109
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