Terms and Conditions 

1. GENERAL - In these terms and conditions of trading:-
The Client means the person(s), Company or Organisation to whom the services of High Peak First Aid Training are provided in accordance with these Conditions;

The Booking Form means the booking form for the provision of the Service;

The Service or course means a first aid training course.

2. High Peak First Aid Training shall provide the Service to the Client at the chosen venue of the Client subject to these Conditions.  Any changes or additions to the Service or these Conditions must be agreed in writing by High Peak First Aid Training and the Client.

3. The  Client  shall  at its own expense  supply  High Peak First Aid Training with  all  necessary information, documents  or  other materials within  sufficient  time to enable High Peak First Aid Training  to provide  the  Service in accordance  with the Booking Form.  The Client shall ensure the accuracy of all information, documents or material supplied.

4. The   Specified  Service  shall   be  provided   in accordance with High Peak First Aid Training’s current brochure  or other published literature relating to the  Service from time to time, subject to these Conditions.

5. High Peak First Aid Training may correct any typographical or other errors  or  omissions in any brochure,  promotional literature, quotation or other document relating to the  provision of the Service without any liability to the Client

6. High Peak First Aid Training may at any time without notifying the Client  make  any changes to the  Service which  are necessary to comply with any  applicable safety or other statutory requirements, or which do not  materially affect the nature or quality of the Service

7.1. FEES - Subject  to  any special terms agreed,  the  Client shall  pay High Peak First Aid Training’s charges for the Service and  any additional  sums  which are agreed  between High Peak First Aid Training and the Client for the provision of  the Service or which, in High Peak First Aid Training's sole discretion,  are required as a result of the Client's instructions or lack of instructions, the inaccuracy of any information or material supplied by the Client or any other cause attributable to the Client.  For courses booked over multiple weeks payment is due in full at time of booking to ensure we can commit to those dates.

7.2. High Peak First Aid Training shall be entitled  to  vary their charges from time to time by giving not less than two months' written notice to the Client.

7.3. All  charges quoted to the Client for the provision of the Service are valid for 30 days from the date of the quote.

7.4 GROUPS (at our Training Centre or at our venue) - Provisional bookings for groups may be secured by telephone but can only be held for seven days following which a Booking Form must be submitted by post or by an online booking form, unless agreed otherwise in writing  by High Peak First Aid Training. For group bookings a deposit of 50% is needed to secure course dates based on the total course fee, until the deposit is paid High Peak First Aid Training cannot guarantee those dates which will remain available for other groups.  For group bookings where the course is held over a number of weeks, payment is due in full at time of booking to ensure your course dates are reserved. The balance for a group booking is due 6 weeks before the start date of the course. INDIVIDUALS -  For individuals booking onto a course a place cannot be guaranteed until payment is received in full. 

7.5 OVERDUE FEES – High Peak First Aid Training reserve the right to charge interest on any overdue account at a rate of 4% over the base lending rate of Lloyds TSB Bank in force at the date of invoice.  Such interest shall accrue on a daily basis both before and after any judgment. 

7.6 Fees for  training at a your venue  are subject to the addition of travel expenses for the Trainer(s) at a rate of 41 pence per mile for each journey undertaken.  Where possible Trainers will share transport to reduce travel fees.

7.8 Fees for training at a venue  in excess of a 40 mile radius of the Trainers residence will require suitable accommodation at the cost of the Client for the Trainer(s) on a basis of one night accommodation per day of training,  expenses will be added to the final  quotation for the provision of the Service and agreed in advance with the Client.

8. CANCELLATION OR POSTPONEMENT OF COURSE BY CLIENT -   All cancellations by the Client must be in writing.  No fees will be payable provided that no less than 21 days written notice prior to the commencement of the Service is given to High Peak First Aid Training.  If less than 21 days written notice prior to the commencement of the Service is given High Peak First Aid Training reserve the right in its sole discretion to make an appropriate charge for administration and other expenses as follows;
• 14-20 days written notice prior to course commencement = 25% of the course fee
• 7-13 days written notice prior to course commencement = 50% of the course fee
• 2-6 days written notice prior to course commencement  = 75% of the course fee
• less than 2 days written notice prior to course commencement = 100% of the course fee

 If less than 14 days written notice prior to course commencement is given 100% of venue fees may be due in addition to the above where appropriate.  In exceptional circumstances and at the sole discretion of High Peak First Aid Training, courses or places on courses may be postponed rather than cancelled.  In cases where a place on a course is  rearranged within 7 days to an alternative date and therefore only postponed, cancellation fees will not be payable.  The fee for the rearranged course or place on a course would be full price.  Further cancellation or postponement of an already rearranged course or place on a course would be subject to a mandatory 100% cancellation fee irrespective of the prior written notice which is given.

9.1 CANCELLATION BY HIGH PEAK FIRST AID TRAINING -  Whilst every attempt is made to ensure that advertised courses run,  HPFA reserves the right to cancel or postpone any course, especially in circumstances where this is as a result of client(s) cancellation resulting in a workable minimum for the course.  If this becomes necessary, as much notice as possible will be given and the client will be offered a choice, with due consultation of:
• A full refund if the course has not yet commenced
• A proportionate refund, if the course has commenced and is not yet completed
• An alternative date to commence or complete the course as appropriate to the circumstances.

9.2 High Peak First Aid Training shall not be liable to the Client  or be deemed to be in breach of  contract by reason of  any  delay  in performing, or  any  failure  to perform,  any  of  High Peak First Aid Training's  obligations  in relation  to the Service, if the delay or failure  was due to any cause beyond HPFA 's reasonable control.

10. FAILURE TO ATTEND -  Not withstanding the provision of clause 8 above, if any student fails to attend the course or any part of the course on which a place has been reserved, fees in respect of that student will be payable by the Client in full.  However,• If the course on which a place has been reserved for a student has not yet commenced, a substitute student may be nominated by the Client for that course.
• If the course on which a place has been reserved for a student has commenced but for exceptional reasons the student has not been able to complete the course, an alternative date will be offered to enable the student to complete the remaining part of the course.  Exceptional reasons may include illness supported by a doctor’s note.
• At the discretion of the High Peak First Aid Trainer, if an insufficient number of students attend any one day, the course or part of the course may be postponed or cancelled in accordance with clause 3 above.

11. SUITABILITY -  Any special requirements for students need to be advised to High Peak First Aid Trainer and discussed before the start of the course.  If a student is considered to be unsuitable in the opinion of the High Peak Fir st Aid Trainer, with due consultation the student may be asked to leave the course.  For training at your venue HPFA require a clean and suitable training room with adequate lighting, ventilation and enough space to carry out practical work in accordance with the group size – please contact High Peak First Aid Training to discuss prior to the provision of the Service.

12. INSURANCE - High Peak First Aid Training carry public liability insurance to a limit of £2 million.  The Client is required to insure any equipment provided for In-house training against accidental damage.

13. HEALTH AND SAFETY -   The Client is required to ensure compliance with Legislation, Regulation, Code of Practise or Guidance laid down by the Health and Safety Executive with regard to the suitability of premises provided for courses at a Client provided venue.  High Peak First Aid Training will request details of the training room sizes before confirmation of the course.  Where appropriate, students will be advised of any possible hazards which may be present during the course of training and procedures they should adopt to eliminate or minimise the risks pertaining to the hazards. 

14.1. DISCLAIMER - High Peak First Aid Training  warrants  to  the  Client  that  the Service will be provided using reasonable care  and skill.  Where High Peak First Aid Training supplies in  connection with the provision of the Service  any  goods   supplied  by  a third party, High Peak First Aid Training does  not give  any  warranty, guarantee or other term as  to their  quality,  fitness for purpose or  otherwise.

14.2. High Peak First Aid Training shall have no liability to the Client for  any  loss,  damage, costs, expenses  or  other claims  for  compensation  arising from instructions supplied by  the  Client which   are  incomplete,   incorrect,   inaccurate,  illegible, out of sequence or in the wrong form, or arising  from their late arrival or non-arrival, or any other fault of the Client.

14.3 High Peak First Aid Training shall not be liable for any loss, damage, expense, injury or delay of any kind to the Client, employee of the Client or any third party, by any act, default or omission howsoever caused, except in insofar as such liability cannot be excluded by law.

14.4. Except  in  respect  of death  or  personal  injury caused   by  High Peak First Aid Training’s  negligence, High Peak First Aid Training shall  not  be liable to  the  Client  by reason  of any representation (unless  fraudulent),  or  any implied warranty, condition or other  term,  or  any  duty at common law, or under the express terms  of  the booking form, for any loss of profit  or any   indirect,  special  or  consequential   loss,  damage,  costs,  expenses or other claims  (whether caused  by  the  negligence of High Peak First Aid Training,  its servants or agents or otherwise) which arise out of or   in  connection  with   the  provision  of  the Service or its use by the Client,  and the  entire  liability of the Supplier under or  in connection  with the provision of the Service shall not exceed  the amount  of High Peak First Aid Training’s charges for the provision of  the Service,  except  as  expressly provided in these Conditions.

15. ALTERATION -  High Peak First Aid Training reserve the right to amend these Conditions without prior notification to the Client.  These Conditions of Trading shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.  Any alterations, modifications or extensions affecting the above clauses shall not be valid unless agreed by High Peak First Aid Training and acknowledged in writing. 

16.1. GENERAL -  These  Conditions constitute the entire agreement between the parties, supersede any previous  agreement or understanding and may not be varied  except in writing between the parties.  All other  terms and conditions, express or implied  by statute  or otherwise, are excluded to the  fullest extent permitted by law.

16.2. Any  notice  required or permitted to be  given  by either  party  to the other under these  Conditions shall be in writing addressed to the other party at its  registered  office  or   principal  place   of business  or  such  other  address as  may  at  the relevant  time have been notified pursuant to  this provision to the party giving the notice.

16.3. No  failure or delay by High Peak First Aid Training in  exercising any  of  its  rights under the  Booking Form  shall  be deemed  to be a waiver of that right, and no waiver by  High Peak First Aid Training of any breach of contract by the Client shall be considered as a waiver of any subsequent   breach  of  the   same  or  any  other provision.

16.4. If any provision of these Conditions is held by any competent  authority to be invalid or unenforceable in  whole  or  in part, the validity of  the  other provisions of these Conditions and the remainder of the provision in question shall not be affected.

16.5. Any  dispute  arising under or in  connection  with these  Conditions or the provision of the Service  shall  be  referred to  arbitration  by  a single  arbitrator  appointed by agreement  or  (in default)  nominated  on the application  by  either party  by the President for the time being of Arbitrators

High Peak First Aid Training  July 2007