ADVANTAGE TRAINING SERVICES LIMITED ("AdvantageHGV") TERMS AND CONDITIONS

1. Obligations of the "Trainee Driver" (anyone who has made a deposit or part payment towards any training course offered by AdvantageHGV):

(a) The Trainee Driver will provide accurate and full information to AdvantageHGV at all times

(b) The Trainee Driver will be in possession of all necessary legal driving documents at all times while undertaking an AdvantageHGV course

(c) On the day of their Theory or Practical driving test, the Trainee Driver will show to the Theory Test centre and DSA examiner a form of photographic ID, their current driving licence, the correct entitlement and, where appropriate, a valid Theory Test pass certificate. If these conditions are not met, the Trainee Driver will fail the test and forfeit all monies paid in relation to that test

(d) If the Trainee Driver is considered by AdvantageHGV or its accredited Training Partners to be under the influence of alcohol or illegal drugs at any time, the course will be terminated and all relevant fees will be forfeited

(e) It is the responsibility of the Trainee Driver to ensure that the correct provisional entitlement has been added to his/her driving licence by the DVLA. Any Trainee Driver without the correct entitlement on their licence is not legally allowed to train and all monies paid towards that course will be forfeited

(f) It is the responsibility of the Trainee Driver to ensure their driving licence is valid. If a Trainee Driver is banned from driving at any point during any course, any monies paid towards their course are non-refundable

(g) It is the responsibility of the Trainee Driver to attend his/her training course on the dates provided. If the Trainee Driver wishes to change the agreed dates they must provide at least 21 days notice and pay the associated course change fee otherwise this will be treated as failure to attend and all monies paid towards that course will be forfeited

(h) Whilst attending any course with AdvantageHGV or their Training Partners, the Trainee Driver must conduct him/herself in an appropriate manner. AdvantageHGV reserve the right to terminate a course without notice, should they, in their reasonable discretion, decide that a Trainee Driver has acted or behaved inappropriately, including but not limited to verbal and physical abuse towards AdvantageHGV staff, Training Partner staff or DSA staff. If a Trainee Driver wishes to appeal such a decision they should do so to the Operations Manager, Advantage Training Services Limited, Shropshire House, 179 Tottenham Court Road, London, W1T 7NZ

(i) AdvantageHGV reserve the right to update and/or amend these Terms and Conditions at any time – the Ts & Cs prevailing at the time of enquiry apply. Customers should visit www.advantagehgv.co.uk for an up-to-date version of the Ts & Cs

2. Training with AdvantageHGV:

(a) Provided the minimum Registration Fee (£100) has been paid, Trainee Drivers are entitled to a DSA Theory Test (1x Multiple Choice test and 1x Hazard Perception test) – AdvantageHGV will book and pay for this on behalf of the Trainee Driver. In the event of failing either element of the Theory Test, the cost of any subsequent Theory Retest(s) are the responsibility of the Trainee Driver – AdvantageHGV can book Theory Retests but a booking fee applies (Trainee Drivers should contact AdvantageHGV for details of these costs)

(b) The minimum course length of a C or C+E course will be 17.5 hours (including the time whilst on test), which could be run between three and six days

(c) A training day can start at various times throughout the day, with the Trainee Driver spending between 3.5 and 8 hours ‘at the wheel’ each day

(d) Training may be carried out on a one-to-one (1:1) or two-to-one basis (2:1) depending on the training location

(e) In the event of the training vehicle breaking down, AdvantageHGV will arrange for the Trainee Driver to have further training to make up for the lost time at a time convenient for the Trainee Driver and at no extra cost

(f) In the event that a course is cancelled due to instructor illness, AdvantageHGV will rebook the course for an alternative date convenient for the Trainee Driver and at no extra cost

(g) In the event that a Trainee Driver fails to complete or attend their course for whatever reason, including but not limited to certified sickness, then all course fees will be forfeited

(h) The Trainee Driver will accept that if the LGV instructor believes that the Trainee Driver is not fit to take his/her LGV Practical test for reasons of safety, the Trainee Driver will be informed and the test re-scheduled at the Trainee Driver's expense

(i) Any complaints about the LGV course should be directed to Customer Services and preferably sent by Recorded or Special Delivery. AdvantageHGV will endeavour to reply within 21 working days

(j) All Theory Test dates, course dates, and Retests will be confirmed in writing by AdvantageHGV or the DSA and sent via post, email or SMS. If no written confirmation is received please contact AdvantageHGV on 020 7908 5404 / 5412 / 5407 – without written confirmation of your course you have no proof of booking

(k) FastTrack courses may in certain instances contribute towards Driver CPC Periodic Training – this depends on individual circumstance and, pursuant to clause 1(e) above, driving licence entitlements

3. Payment terms:

(a) Course fees include a Registration Fee of £100.00 which is non-refundable unless the booking is cancelled within 7 days of the original payment (unless pursuant to clause 4(b) below). The Registration Fee covers 3 months access to an online Theory Test training tool, Theory Test fee, course registration, and DVLA licence and medical documents

(b) Course fees vary – Trainee Drivers should contact AdvantageHGV directly for details of current course fees. Course fees will be guaranteed for 28 days from the date of first payment

(c) Course fees must be paid in full 21 days prior to the course commencement date

(d) Trainee Drivers will only have course dates arranged when the course in question has been paid for in full

(e) AdvantageHGV reserve the right to amend course dates without any financial penalty – appropriate notice will be provided

(f) AdvantageHGV allows interest free deposit and part payments – upon making a part payment, a schedule of follow-up payments must be agreed which AdvantageHGV will confirm in writing. If a customer fails to honour his/her payment plan and a missed payment is not settled within 21 days, than all payments towards a Trainee Driver’s course will be lost and no refund is owed. If a Trainee Driver possessing a payment plan wishes to change a planned payment date they must inform AdvantageHGV in writing at least 7 days before the date of their next payment. Letters should be sent via recorded delivery for the attention of the Repayments Team at the address stated above. Changes to payment plans can only be requested once

4. Cancellation and refund policy:

(a) Notwithstanding the remainder of Section 4, if the Trainee Driver cancels the booking within 7 days of paying the Registration Fee, then any monies paid will be refunded in full provided the Trainee Driver returns the Starter Pack in the same condition in which it was received and provided the booking was placed without face-to-face contact. Clause 4(a) is in accordance with the ‘Distance Selling Regulations, 2000’. Cancellations must be made in writing and sent by Recorded or Special Delivery to AdvantageHGV at the address stated above

(b) The term 'Course Bookings' and 'Booking' applies to Trainee Drivers who have made a full or part-payment on any course sold by AdvantageHGV. In line with the Distance Selling Regulations, Amended 2005, if your online Theory Test training account has been accessed your training is deemed to have begun and the 7-day ‘cooling off’ period outlined in clause 4(f) no longer applies – any refund requests received within 7 days where a Theory Test account has been accessed will be subject to the deductions outlined in the remainder of Section 4

(c) All requests for cancellations must be made in writing and sent by Recorded or Special Delivery post to the address stated above. The timescale for refunds will begin from the proof of postage date on the letter as applied by Royal Mail

(d) Once a cancellation letter has been received, AdvantageHGV will acknowledge this in writing within 4 working days. Further communication will outline the date and amount of any refund payment

(e) Any approved refund will be returned to the Trainee Driver 28 working days from receipt of the request (see Clause 4(c) for clarification on when the timescale begins)

(f) Refunds are subject to the following cancellation fees, based on the time between first transaction and date of cancellation request (these are in place as AdvantageHGV make block bookings for Trainee Drivers in advance of course dates):
- Cancellation requests received 7 days or less after booking: no cancellation fee applies, though a £35 disbursement charge will apply
- Cancellation requests received after 7 days: a cancellation fee of 50% applies
- Cancellation requests received after 6 calendar months: a cancellation fee of 100% applies

(g) Pass Protection policies are non-refundable

(h) CPC Module 2 & 4 packages are non-refundable

(i) Trainee Drivers can attend the course(s) they have purchased up to 6 months from their initial purchase date. Any driving courses not booked within 6 months of purchase will become null and void and no refunds are applicable. However, if the Trainee Driver contacts AdvantageHGV in writing before the end of the 6 month period they may still take their training course, but the current cost of training will apply and any additional fees must be paid together with an administration charge to extend the course for a further six months

(j) If a Trainee Driver has had their course dates confirmed in writing (via post, email or SMS), no refund is available. If genuine medical reasons preclude the Trainee Driver from attending the course, then if possible, and on the production of suitable proof, AdvantageHGV will endeavour to re-book the Trainee Driver on other course dates if possible. This change of dates will incur a booking fee. Similarly, if a Trainee Driver has had their course dates confirmed in writing but then finds themselves unable to attend their course, it may be possible to rearrange the course but such a change will incur an administration fee – please contact AdvantageHGV for current prices

(k) If a Trainee Driver has purchased a ‘Back-to-Back’ course (consisting C and C+E courses), the following terms apply:
- Any cancellation of any element of the Back-to-Back course is subject to the terms of 4(e) and 4(f) detailed above
- If the Trainee Driver has attended the C portion of their course, then any cancellation of the C+E course is subject to the same terms of points 4(e) and 4(f) above. The cancellation timescale in this instance will start from the date the Trainee Driver requests cancellation of their C+E course. The Distance Selling Regulations, 2000 will not apply in this instance, so the remaining course will be subject to a 50% cancellation fee
- If the Trainee Driver has successfully completed the C portion of their course, the C+E course must be booked within 3 months of passing the Cat C course. Pursuant to clause 4(i) this can extend a customer’s overall contract to a total of 9 months, however if the C+E course has not been booked within 9 months of initial purchase the C+E course will become null and void and no refund is owed. The Trainee Driver may pay an administration charge to extend the C+E option for a further six months
- Trainee Drivers are permitted to move monies originally earmarked for C+E courses to fund alternative training packages. Such changes are dependent on written permission from the trainee driver and will incur an administration fee which must be paid before the transfer can take place – please contact AdvantageHGV for current prices

(l) If a Trainee Driver has purchased a FastTrack course, the following terms apply:
- FastTrack courses are non-refundable. Trainee Drivers have places reserved far in advance
- Once a Trainee Driver has received written confirmation of their FastTrack course they may change their course dates by applying in writing at least 21 days before the course start date. Such a change can only occur once and will incur an administration fee – please contact AdvantageHGV for current prices
- FastTrack courses must be attended no later than 3 months after completion of the driving course – this can extend a customer’s overall contract to a total of 9 months, after which time the FastTrack course becomes null and void
- Pursuant to clause 2(k) FastTrack may contribute towards Periodic Training, however customers cannot delay attending FastTrack because of issues regarding their licence and the associated entitlements thereof

(m) Medicals: if a Trainee Driver fails their DVLA medical, and copies of the DVLA rejection letter are received by AdvantageHGV, then all course fess paid by the Trainee Driver are refundable (less the cost of any completed training). Important medical note: it is the DVLA not the examining doctor who decide the outcome of the medical examination. The Trainee Driver must return the completed D4 form to the DVLA, whose Medical Board review the submission and decide whether or not to grant a provisional licence. Correspondence from the examining doctor will not be admissible as evidence for a refund, only correspondence from the DVLA can be accepted

(n) All refunds requested under Section 4 are subject to the Trainee Driver returning the ‘Starter Pack’ to AdvantageHGV in the same condition it was sent to the Trainee Driver (Starter Pack consists online Theory Test training account access info, 3 months access to an online Theory Test training account, D2 and D4 licensing forms). If the materials described are not returned as new, if the online Theory Test training account has been accessed, and/or if a Theory Test has been taken, then £100.00 will be deducted from any refund due – this is in addition to any cancellation fees outlined in 4(f) and deductions outlined in 4(g), 4(h) and 4(l). As the online Theory Test training account is set-up upon registration, in effect, any refund request received after 7 days will be subject to a minimum deduction of £100.00

(o) If your online Theory Test training account has been accessed, a charge of £100.00 will be incurred, whenever you cancel your course. This does not affect your Statutory Rights under the Distance Selling Regulations, 2000

5. Confidentiality and Data Protection:

(a) AdvantageHGV will keep confidential any information which the Trainee Driver supplies to AdvantageHGV in connection with this agreement, with the exception of basic personal details which may be shared with Training Partners and potential employers as part of the placement service provided by AdvantageHGV

(b) AdvantageHGV will be responsible for ensuring that the processing of personal data complies with the Data Protection Act, 1998

6. Other Terms:

(a) This agreement is governed by English law. Both AdvantageHGV and the Trainee Driver submit to the exclusive jurisdiction of the English and Welsh courts in relation to any dispute concerning this agreement

(b) By paying the Registration Fee the Trainee Driver agrees to be bound by the above