Terms & Conditions - Hughes Driver Training, the HGV Training & Careers Company

Terms & Conditions

Terms and Conditions

  • What these terms cover. These are the terms and conditions on which we supply HGV driver training services to you (Services). The Services comprise our provision of one or more HGV driver training courses as set out in our quotation referred to in clause 3.1 below.
  • Why you should read them. Please read these terms carefully before you commit to placing your order with us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract and what to do if there is a problem and other important information.
  • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  • You are an individual.
  • You are buying Services from us wholly or mainly for your personal use (not for use in connection with your trade, business or profession).
    • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to our provision of Services to you. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  1. Information about us and how to contact us
    • Who we are. We are Hughes Driver Training Limited a company registered in England and Wales. Our trading name is A1 HGV Training. Our company registration number is 04948484 and our registered office is at 284 Gipsy Lane, Leicester, Leicestershire, LE4 9BX. Our registered VAT number is 824 3760 31.
    • How to contact us. You can contact us by telephoning our customer service team at 0800 1777 447 or by writing to us at info@hughesdrivertraining.co.uk.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. Our contract with you
    • How to accept our offer. By providing you with an email quotation for Services we have made an offer to you to provide the Services described and at the price stated in such quotation. In order to accept our offer and form a contract with us, you must pay the full amount stated in such quotation. By doing so, you are expressly agreeing that these terms and conditions shall exclusively apply to the contract between us to the exclusion of any other terms and conditions which you may seek to apply or which may be implied by custom, practice or other course of dealing. Our quotation may contain details of certain prerequisite requirements which you must satisfy in order to undertake the applicable training course, such as any necessary pre-existing class of driving licence and any medical certification requirements for example. Our offer is made subject to you satisfying any such prerequisite requirements and you should not accept our offer if you do not satisfy such requirements.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We only provide Services to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, [TYPE OF INFORMATION]. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clauses 6.1 and 6.2  will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of Services to you. We may have to suspend the supply of the Services to:
      • deal with technical problems or make minor technical changes; or
      • update the Services to reflect changes in relevant laws and regulatory requirements.
    • Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending the supply of Services to you, unless the problem is urgent or an emergency. If we have to suspend the Services indefinitely, you may contact us to end the contract and you may be entitled to a refund of a proportionate part of any sums you have paid in advance in respect of Services which have not been supplied.
  3. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what Services you have purchased, whether there is anything wrong with our provision of the Services, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
      • If the Services you have ordered have been misdescribed you may have a legal right to end the contract;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 4.2;
      • If you are a consumer and have just changed your mind about the Services, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 4.4 .
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the Services or these terms which you do not agree to;
      • we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Services may be significantly delayed because of events outside our control; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Services bought at a distance you have a legal right to change your mind within 14 days and receive a refund. However, once we have completed the Services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
    • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. Our contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  4. How to end the contract with us (including if you are a consumer who has changed their mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by either calling customer services on 0800 1777 447 or by emailing us at info@hughesdrivertraining.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price, as described below.
    • When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind: we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    • When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
  5. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for the Services at any time by writing to you if:
      • you do not follow the prescribed time limits for booking your courses as detailed in our quotation referred to in paragraph
      • you fail to satisfy any prerequisite training course requirements set out in our quotation referred to in paragraph 3.1;
      • you change your mind about completing the course and your 14 day cooling off period has expired (see clause 4.3);
      • you are not available for your test appointment on your booked test day;
      • you are not eligible to train (it is your responsibility to check the eligibility criteria before ordering the Services;)
      • your instructor does not believe you are fit to undergo your training or test;
      • you are under the influence of any alcohol, illegal drugs or legal drugs that affect your ability to drive at any point during your training or test;
      • your instructor does not consider that you are well rested enough to undergo your training or test;
      • we, your examiner or your instructor have reason to believe that you are too tired to safely continue to drive either your course will be terminated with all relevant fees forfeited, or you may be sent home and miss the rest of your session;
      • you are banned from driving after you have made your booking with us;
      • we in our reasonable discretion, decide that you have acted or behaved inappropriately, including but not limited to verbal and physical abuse towards our staff, Training Partner staff or DSA staff. If a Trainee Driver wishes to appeal such a decision they should contact us directly by email setting out full details of their appeal
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • No rights to a refund following your failure to successfully complete your training course or any required assessment. If for any reason you fail to successfully complete your training course or you fail any associated driving test or assessment, you will not be entitled to any refund in respect of Services properly supplied in accordance with the contract.
  6. Your rights in respect of defective Services if you are a consumer
    • If you are a consumer we are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a Service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 8.2.

  1. Price and payment
    • Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated in our quotation email referred to in clause 1. We use our best efforts to ensure that the price of the Services advised to you is correct. However please see clause 4.2 for what happens if we discover an error in the price of the Services you order.
    • When you must pay and how you must pay. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. Full payment for all parts of your course must be made in
  2. Our responsibility for loss or damage suffered by you if you are a consumer
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
    • We are not liable for business losses. If you are a consumer we only supply the Services for to you for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
  3. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in clause 10.1 terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under such contract.
  1. How we may use your personal information
    • How we will use your personal information. We will only use your personal information as set out in our in privacy policy available at https://www.hughesdrivertraining.co.uk/privacy-policy/.
  2. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English Courts.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.