TERMS AND CONDITIONS
1: GENERAL TERMS
1.1 These terms apply to all business we undertake for you, in particular all LGV Licence Acquisition training and any other services offered by our company Merlin Supply Chain Solutions Limited, registered address; Plant 2 Kettering Parkway Kettering Northamptonshire NN15 6XU. VAT number: 135525914, Company number: 06538325. You agree to take our services and we agreed to provide services to you on the terms and conditions below. By purchasing this service or any company product and by making a payment [including a deposit] to Merlin Supply Chain Solutions Limited, the customer agrees to be bound by these terms and conditions.
2. ORDERING FROM US
2.1 Most orders are placed by telephone. We will send you an order acknowledgement by post and email, setting out the course you have booked and we will provide you with a copy of our terms and conditions at this point via Royal Mail Recorded Delivery and on email. If you have not received them, within 5 working days of placing your order; it is your responsibility to let us know.
2.2 Our acceptance of an order takes place when we take payment [including a deposit]. When we take payment the purchase contract will be processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept a Booking if: (a) where training is not available; (b) where we cannot obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 There is a standard 3% charge for using a credit card.
2.5 We issue confirmation paperwork for all course elements via email, which we will remind you about when you book dates. If you cannot receive emails, or do not receive them from us, it is your responsibility to let us know. If you do not receive written confirmation of your booking, there may be a problem with your training. In this event, it is your responsibility to contact the Merlin Academy on 01536 533696. If you do not contact us, we cannot be held liable for any lost training, missed tests etc. that may arise as a result.
2.6 Your booking with us is valid for 12 months from the date of payment. Any course elements not completed by the first anniversary of your payment will be void and our obligations to you will have expired. As such we recommend that you proactively book course elements as soon as you are able, following the Process Guide supplied on booking. Our booking system is live, and we cannot guarantee specific availability for course elements, therefore to avoid disappointment we encourage you to book practical courses in by the 6th month to ensure your course is completed before the cut-off date. If you are concerned about your progress or completion date we encourage you to discuss this with an Advisor so that we can help you to complete in time. We reserve the right to offer you training in locations further afield from your home address or at unusual times in order to get you completed before the cutoff date.
2.7 Although Theory Tests can be undertaken on a deposit only basis, full course fees must be paid before driver training course dates can be arranged.
3.1 Our prices include VAT at then prevailing rates.
3.2 Where we charge separately for items of the services we provided that will be explained fully to you or set out on our web site.
3.3 Our prices are reviewed periodically but you will be told a firm and binding price when you are booked on a course which will not change. However do check the price when you telephone as if you had retained prices from a long period of time before they may not be the latest price.
3.4 Our Pass Protection gives the trainee an additional attempt at a driving test with a minimum of 1 hours training beforehand, each policy can only be used once however more than 1 policy can be purchased. In the absence of Pass Protection retests are subject to additional charges. Please note; The Pass Protection is not redeemable against Theory or CPC tests only practical driving tests.
3.5 Full course fees for a Category C course include 1 attempt at the Multiple Choice and Hazard Perception DVSA Theory Tests, in the event of failure of these tests, any retakes would have to be paid for separately.
4. CANCELLATION & COMPLAINTS POLICY
4.1 You have the right to complain about any aspect of our service to you with which you are unhappy. All complaints regarding any course should be directed to the General Manager of Merlin Academy and sent in writing via Recorded Delivery and should not be received any later than 7 calendar days after the incident the Merlin Academy will endeavor to acknowledge receipt in writing within 5 working days and reply in writing within 28 working days. You can request a copy of our complaints procedure by emailing email@example.com
4.2 If you wish to cancel your training course you must notify us in writing via recorded delivery to the General Manager, Merlin Academy Plant 2 Kettering Parkway Kettering Northamptonshire NN15 6XU or via email to firstname.lastname@example.org . We do not accept telephone cancellations. We must have a clear record of your cancellation. The Merlin Academy will endeavor to acknowledge receipt in writing within 5 working days and reply in writing within 28 working days. You can request a copy of our cancellation procedure by emailing email@example.com.
4.3 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 our clients have a right to cancel within 14 days of making payment for a course with us, although this can be excluded by us at any time if you agree to have the services provided immediately.
4.4 Cancelling a Course
4.4a If you cancel a paid course:
(a) within 14 days of booking you receive a full refund unless services have begun, if services have begun the cooling off period is no longer valid.
(b) after 14 days or start of service (whichever is shorter)but no longer than one month after booking a deduction of 40% (or £200 whichever is greater) of your payment applies.
(c) after 1 month but no longer than 4 months after booking a deduction of 60% of your payment applies
(d) after 4 months but no longer than 8 months after booking a deduction of 75% of your payment applies
(e) after 8 months but no longer than 12 months after booking a deduction of 90% of your payment applies
(f) 12 months+ after booking a deduction of 100% of your payment applies
(g) refunds will be processed 14 days from date of acceptance letter. If you write to us to request a refund or make a complaint we reserve the right to cancel any active training courses/bookings on your account if there is a legitimate operational reason to do so.
4.4b If you cancel a booked training week rather than an entire course the following applies: If you cancel fewer than 4 weeks before the day of the course the full fee is charged as we cannot refill places and will have incurred our own un-cancellable costs with our own subcontractors and providers. However we always listen to reasonable requests for substitution of people or deferment of a course to another date when you give sufficient notice.
4.5 Theory Tests, HPT, Pass Protection and Drivers CPC courses are non-refundable.
4.6 Course fees paid to us are non-transferable.
4.7 In the event that the trainee fails his/her medical a full refund of all course elements not started will be given upon receipt of proof of failure. Such proof of failure must be from the DVSA. No other sources are acceptable. Please note that we cannot refund course elements you have activated or taken.
4.8 Any refund offered is available for a 4-week window for acceptance, failure to accept the refund within this timeframe will cause the offer to become void and the trainee will need to reapply for a refund which could result in extended cancellation charges.
4.10 In the event of training being cancelled due to any unforeseen circumstances for example bad weather; we are not liable for any costs you have incurred including without limitation loss of pay, your transport costs and the like. Candidates are responsible for taking out a relevant insurance policy which will protect them in the event that they are unable to attend training or tests booked for them for any reason. We are not liable for any costs.
4.11 Chargebacks – If you already have a refund request processing with us we will then only deal with your request via the acquirer and will cease to continue with our refund process directly with you. If you have training booked in relation to the chargeback / retrieval item we reserve the right to suspend training until the chargeback/ retrieval request has been resolved. If the retrieval is successful and a chargeback is raised, any training booked with us for you relating to this item will be cancelled immediately without prior notice. If the retrieval is unsuccessful training will then only re-commence once written confirmation has been received from the acquirer. If you need to check the status of a chargeback/ retrieval you will need to contact your card issuer.
5. DELIVERING YOUR TRAINING
5.1 Any trainee testing after the 10th September 2009 may be liable for the cost of a CPC test and training. It is the trainee’s responsibility to ensure that they are correctly qualified under the Driver CPC Legislation. Although we will endeavor to advise you to the best of our ability, the ultimate responsibility falls to the Trainee. Before booking a CPC course module (either initial or periodic) with us, we advise you to check your eligibility for the course, and make sure that the nature of your daily work does not make you exempt from the legislation.
5.2 Courses vary from location to location however they will all follow the below:
(a) The minimum course length of a C or C+E course is 16 hours including the time whilst on test, which could be run between three and six days.
(b) In the LGV driver training industry, a ‘DAY’ constitutes a driving slot of up to 4 hours in length.
(c) Your course may be run on a 1:1 or 2:1 basis. We reserve the right to arrange your training on either basis without notifying you in advance. If you specifically require 1:1 or 2:1 training, please let us know and we’ll do our best to allocate you to a suitable course if it is operationally viable to do so.
(d) Your course may be carried out on an automatic or manual training vehicle; both issue the same licence type. We reserve the right to arrange your training on either basis without notifying you in advance. If you specifically require automatic or manual training, please let us know and we’ll do our best to allocate you to a suitable course if it is operationally viable to do so.
(e) When purchasing a Category C+E course the course may be carried out on either a full articulated vehicle or on a Category C vehicle with a trailer, both issue the same licence type. We reserve the right to arrange your training on either basis without notifying you in advance. If you specifically require a certain vehicle, please let us know and we’ll do our best to allocate you to a suitable course if it is operationally viable to do so.
(f) We need to make sure that we’re giving you a high standard of training and a great standard of service. Therefore, because pass rates fluctuate, we reserve the right to change the training location we initially discussed with you on the phone when you booked if there are legitimate operational or service reasons for the change.
(g) For operational reasons, it may sometimes be necessary to allocate more than one Instructor to your course. We reserve the right to arrange your training in this way without notifying you in advance if there are legitimate operational or service reasons for the arrangement.
(h) We cannot guarantee timeframes for course completion as we work with a live system covering the whole of the UK. Availability can fluctuate, so any dates discussed with you are subject to change.
(i) A training day can start at various times throughout the day and last anything up to 8 hours. The trainee is responsible for making sure they are available for all training time as required, any missed time due to trainee availability will be forfeited.
5.3 Any training or test missed due to the trainees personal delay such as traffic or illness will not be able to be reallocated and as such will be forfeited and need to be rebooked at the expense of the candidate. Any missed training due to a school delay such as truck breakdown or instructor lateness will be reallocated.
5.4 If the trainee’s instructor advises the trainee he/she needs more training or in the interests of road safety then we are not responsible for the costs of such extra training and they will be covered by the trainee and be paid to us only. No fees must be paid to anyone other than the company and if you are in doubt about whom to pay contact our head office and obtain confirmation in writing.
5.5 Our courses are of a uniform duration and standard. Therefore, if a candidate is not ready for test on the final day, they may forfeit the test appointment if the Examiner/Instructor or Training School feels that it is not safe to take the candidate to test. In the event that the candidate cannot test, we will not be held liable for any costs for extra training, or for replacing the forfeited test. It is the candidates’ responsibility to ensure that their driving standard is sufficient for them to pass within the timeframe allowed by the course which they have booked.
5.6 Trainees must ensure that they are not under the influence of alcohol or illegal drugs during their course – if the Merlin Academy has reason to believe that you are under the influence of drugs or alcohol, your course will be terminated immediately with all relevant fees forfeited. Please exercise due care and attention when taking over-the-counter or prescription medicines in the run up to your course. If you’re in doubt about whether they could affect your driving, please consult your GP.
5.7 If you’re banned from driving for any reason after you’ve made your booking with us, your rights to any refund will be as per the Terms laid out in Clause 4.
5.8 Trainees commit to conducting themselves in an appropriate manner: Merlin Academy reserves 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 Merlin Academy staff, Training Partner staff or DVSA staff. If a Trainee Driver wishes to appeal such a decision they should do so to the training team by following the Cancellations and Complaints procedure listed under Clause 4.
5.9 Trainees are advised against working during their training week in the interest of public safety. If a Trainee shows any signs of exhaustion or tiredness The Merlin Academy reserves the right to terminate training until the Trainee is fit and safe to drive. Any training missed will be forfeited and won’t be reimbursed.
5.10 The nature of our business means that we have to comply with the prevailing licensing legislation at the time you make your booking. If there are changes to legislation which affect your course booking during your time with us, we will make every reasonable effort to inform you and help you to understand how the changes affect you. Changes to legislation can sometimes mean that customers need to purchase additional courses in order to remain compliant. We are not responsible for any costs.
5.11 The DVSA requires confirmation that you have been a resident for more than 185 days through the past 12 months before allowing test. It is the trainee’s responsibility, not the responsibility of Merlin Academy to ensure that you meet these criteria and inform the DVSA at time of test. Any tests cancelled or terminated due to not meeting these criteria will be deemed a forfeit and all funds relating to the test will be lost.
6. LIABILITY AND GENERAL
6.1 Although we endeavor to provide our services with reasonable skill and care, we limit our liability to you to the fullest extent permissible by applicable law to the fees you have paid us in the 12 months prior to a claim. We do not accept and hereby exclude liability for indirect loss, loss of profit, revenue or good will. However nothing in these terms excludes nor limits our liability for death or personal injury caused by our negligence nor for fraud or fraudulent misrepresentation.
6.2 These terms and conditions are governed by English Law. In the event of a dispute, both parties agree to submit to the non-exclusive jurisdiction of the English Courts. Should you have any complaint, please raise it with us first, so that we may be given a chance to resolve your query. These terms are the entire agreement between us and replace any other or earlier terms and you agree you have not relied on any representation from us in entering into this Agreement. Any variation to these terms must be agreed in writing and signed by both of us. Our failure to enforce a right will not waive it and any unenforceable term will be severed from this Agreement. You agree to keep all information which is secret about our business, products, staff and prices confidential except for information in the public domain. This obligation continues after our services for you have been performed.
6.3 Merlin Academy reserves the right to update or amend these Terms and Conditions at any time and that the Terms and Conditions prevailing at the time of enquiry apply.
6.4 Calls made to Merlin Academy at any point maybe recorded for training & monitoring purposes.
8. Nothing in these terms is intended to affect your rights regarding the quality of our services or any products that we supply to you. Should you require more information regarding these rights, please contact either the Citizen’s Advice Consumer Service, or your Local Authority Trading Standards Service for further advice.