Terms & 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.
• High Peak First Aid is not liable for any transport or accommodation costs if a course is cancelled due to circumstances beyond our control.
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
Eccles House Business Centre, Eccles Lane, Hope, Hope Valley Derbyshire, S33 6RW
Tel: 01433 621484 / 07931 360328