Your Training Contract
1. Booking Confirmation
When a booking is made with us, the person who signs the booking form or completes the booking online or by telephone is confirming that they are over 18 and accept these terms and conditions. The prospective trainee must be 18 or over to make a booking with us. The prospective trainee is responsible for payment of the total booking price, including any subsequent cancellation or amendment charges that may be payable. The prospective trainee also agrees to provide accurate and full information in relation to the booking, including any changes in circumstance which may affect the booking.
Special offers on the website or offered over the phone are subject to availability and VIVA Training reserves the right to withdraw them at any time. A contract will exist as soon as any payment has been taken or the first invoice by email or post becomes payable.
This contract is made on the terms of these terms and conditions, which are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.
2. Your Course Price
2.1 Price Adjustments
We reserve the right to alter the prices of any courses/training services shown on our website or in our brochures, including the payment terms and deposit amounts. Prices in our Courses brochures are correct at time of going to print, but will vary depending on date of viewing. You will be advised of the accurate price of the training course that you wish to book before your contract is confirmed via a verbal or written confirmation statement.
2.2 Deposits, Payments, and Payment Plans
When you make your booking you must pay a minimum deposit or the full balance at the time of booking. Please note that the deposit is non-refundable once paid (This does not affect your statutory rights).
The remaining balance (If any) of your course(s) must be settled before the start of your course; unless otherwise dictated by an agreed payment plan (New Entrants Gas Course Only)
You may pay the Balance of the price of your training in accordance with a Payment Plan if agreed upon with a member of staff or accepted through our website.
Payment Plans may vary per course due to total price and promotion. Please note not all courses qualify for payment plans.
It is important for you to understand that, if you cancel your course after making a booking with us, you will lose the deposit. The deposit will be an amount up to the value of £1200 per entrant to the course, payable at the time of purchase.
If you make a booking within 3 weeks of your course start date, you will be unable to cancel your place as you fall within our last cancellation window. Your place may be moved to a later course date, but you must get in contact with us to request this action, we also reserve the right to refuse if spaces are limited.
If you fail to pay the deposit and/or Balance in time or attempt to deceive us, make a fraudulent payment, provide fraudulent information at any point in relation to a booking, we reserve the right to, among other things, cancel your training.
If you cancel your booking, we will not charge you a cancellation fee but any money paid including the deposit will be retained by us and any invoices due will be pursued.
We will not renegotiate your payment plan after an agreed price and method of payment has been agreed.
3. If You Change Your Booking
If you wish to change your course arrangements after your verbal or written confirmation statement has been issued and there is 21+ days before your scheduled course start date, we will do our utmost to make these changes but it may not always be possible and changes are subject to availability at the time.
If there is less than 21 days before your course date, you will be required to attend and failure to do so will result in you being removed from the course with no refund.
Where we can make a change, we will charge for any cost we incur in making this alteration including but not limited to: facilities, staff time, or other items changed, at the price which applies on the day the change is made. You should be aware that these costs could increase the closer to the course start date so you should contact us as soon as possible.
We reserve the right to refuse any changes to your booking if we deem it unsuitable or disruptive to the centre and its other trainees even if it falls well before the 21 days stated above.
4. If You Cancel Your Course
You may cancel their training at any time. In order to cover our expected losses from the cancellation of the booking there is a minimum of notice time required to cancel your course booking. Please also note exceptions can be given for extraordinary circumstances but fall on staff discretion.
4.1 Cancellation Fees
- Over 21 days: Loss of deposit only
- Up to 21 days: Loss of deposit plus any paid/due invoices
- 14 days or less: 100% – Full balance is due
5. Placement Agreement
As part of the New Entrants Gas Engineer Course, we can, if agreed prior, provide you with placement hours to help build your portfolio. We work with a number of local placement providers to provide you. Placements are limited and you will not be entitled to unlimited placement hours. Requesting placement takes place on a Friday morning as stated in your (Placement Pack). Placements will then be allocated for the following week. We highly recommend also finding your own placement hours in between our provided hours to ensure the best use of your time and ensure you complete the programme in the advertised time of 26 weeks. Please familiarise yourself with the complete placement agreement.
6. Your Responsibility
We want all our trainees to have an enjoyable time with VIVA Training. We take a zero-tolerance stance with regard to any person who threatens the safety, comfort and wellbeing of customers and colleagues. You must not: (i) contravene any applicable law; (ii) use any threatening, abusive or insulting words or actions towards other customers or colleagues; (iii) behave in a disorderly manner or in a manner to which other customers may reasonably object. If we, or another person in authority, believe (a) your actions could upset, annoy or disturb other customers, our suppliers or our own colleagues, or put them in any risk or danger, or damage property; (b) your actions could cause a delay or diversion to planned services; or (c) you are unfit to train, we may end your course and terminate your contract. If that happens, you will not be liable for any refund, compensation or any other costs you have to pay.
In accordance with VIVA Training’s Terms and Conditions, please be advised that you may not bring alcohol into the centre for the purposes of consumption during your course.
You have a responsibility to be honest with us about your situation going into a course. Many of our courses have specific qualification prerequisites. We ask for these at time of booking i.e. Gas Safe number, Water Regulations Certificate, CPS number. Evidence of these, if not taken at point of sale must be emailed in to us before your start date for us to confirm your eligibility to take a course. Should we discover you have misled our team to enrol on a course your booking will be cancelled and deposits and or payments may be withheld.
7. If We Change Your Course Booking
It is unlikely that we will have to make any changes to your course date. Occasionally, we may have to make changes due to trainer availability or other situations which will affect the quality of your training, and we reserve the right to do so at any time. We will contact you by email and/or phone to discuss alternative dates and your options moving forward. Please check your email account regularly for emails from us.
8. If We Cancel Your Course
We aim to provide your course as described when booking, but we do reserve the right to cancel your course at any time.
8.1 Cancellation Reasons and Consequences
Not Paid Sum Due: If we cancel your course for this reason, you will not be entitled to a refund of any deposit paid. Any due invoices will be pursued. We will not pay you any compensation.
Unavoidable and Extraordinary Circumstances: If we cancel your course for these reasons, you can either (i) have a refund of any money that you have paid for the course, except for any deposit or any payments, including deposit, made towards the New Entrants Gas course; or (ii) accept an alternative course date, if available. We will not pay you any compensation or cover any accommodation or travel expenses.
Minimum Customers Not Reached or Pricing Error: If we cancel your course booking for any of these reasons, and we cannot find a suitable date for you to move to, we will refund any money paid for the course, except for any amendment fees to the card which was used to purchase the course. We will not pay you any compensation.
Fraudulent Payment or Booking: We reasonably believe that there has been a fraudulent payment or a booking has been made for fraudulent or illegitimate purposes.
Non-Presentation for Course: You owe VIVA Training money (other than the sums due for this course). You have not presented yourself for your course, and as a result, your booking has been cancelled. If your course is cancelled for this reason, you will not be entitled to a refund or any compensation.
9. Our Liability to You
We will accept responsibility for the training services making up your course. In this responsibility we will provide services as described in the course booking information and to course specifications as set out by the accreditation body of said course. The responsibility to work and successfully complete the course falls with the trainee. We are not liable in providing a passing grade, only to the training necessary to enable you to gain said grade.
9.1 Limitations of Liability
Please note that we will not be liable for any injury, illness or death or consequential or inconsequential losses suffered by you, unless you are able to prove that such injury, illness or death was caused by lack of reasonable care and skill on the part of ourselves or our suppliers in the performance of our obligations under our contract with you.
By nature of the training, areas of a training centre can be dangerous and trainees accept and acknowledge this risk when booking. Trainees are responsible for managing and maintaining their own safe working practices, and their behaviour should not place other trainees or centre representatives at risk.
As stated above, our liability extends only to training services as advertised and described by us and purchased from us by you. If you suffer a personal injury, death, serious difficulties or any type of loss as the result of an activity which does not form part of the course you booked with us – including, for example, any additional services or facilities provided to you by an accommodation or any other supplier which was not included as part of the original contract between us – we will not be liable to pay you any compensation but will offer you such advice and guidance as is reasonable in all the circumstances provided we are advised of the incident promptly. We will not be responsible in the instance you do not enjoy the course or suffer any other problems because of a reason which you did not make us aware of when the course was booked, i.e special requests. In all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the following:
- the fault of the person affected or any members of their party; or
- the fault of a third party not connected with the provision of your course which was unforeseeable or unavoidable; or
- an event or circumstances which we could not have avoided even after taking all reasonable care; or
- criminal acts of the employees, sub-contractors or agents of our suppliers.
10. If You Have a Complaint
If you have a complaint about any of the services included in your training or a problem during your course, including any illness or injury, you must inform us via our Customer Services team using the main line 0800 612 3177 without undue delay and we will endeavour to put things right.
10.1 Complaint Handling
If you fail to follow these procedures we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this booking.
11. Special Requests
If you have a special request for anything that is not automatically part of your course please ask at the point of sale or in a reasonable time before your course. We cannot guarantee any request will be met and will not pay compensation for failing to meet a special request.
12. Call Recording
We pride ourselves on the quality and friendly professionalism of our colleagues. In our search to continually try and improve our level of service, prevent and detect fraud and for ongoing training, we may sometimes record and monitor phone calls (mainly in the case of telephone bookings).
13. Personal Data
We will only use your personal data as set out in our Privacy Policy. For full details of how we may use your data please view our Privacy Policy at VIVA Training Privacy Policy.
14. Fraud
If we believe that your booking is fraudulently funded, or that you or any person acting on your behalf attempts (or has attempted) to deceive or defraud VIVA Training at any point (including unfairly claiming compensation or a refund including by way of chargeback), we reserve the right to, among other things, cancel the booking and future bookings without further notice, refuse to accept future bookings, and recover amounts from the person or persons involved.
14.1 Payment Verification
We also reserve the right to verify payment methods used to secure bookings with VIVA Training. Travellers should therefore ensure that any payment cards used to make bookings online are brought into the centre in case the need arises (where the cardholder is a named trainee).
15. Miscellaneous
The Company retains ownership of copyright and all other intellectual property rights to all material produced in or used for the Course.
This Agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Agreement and supersedes all previous communications, representations and other arrangements, written or oral.
If any part of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.
16. Course Specific
This Managed Learning Programme meets the latest requirements of IG/1 Standard.
17. Definitions
VIVA Training Identity: “VIVA” “VIVA Training” “we”, “us”, “our” means Viva Training Limited. Viva Training Limited, a company registered in England under No. 13910938, registered office address: West House, King Cross Road, Halifax, West Yorkshire, United Kingdom, HX1 1EB.
Client Definition: “You”, “your”, “Trainee”, “Prospective Trainee” means you for yourself and on behalf of each and every member of your booked party (including anyone who is added or substituted at a later date).