Definition
- “Buyer” means you, the person or entity making the Booking and/or named in the Confirmation Letter for whom the Seller has agreed to provide a training course or training courses to;
- “Contract” means this contract for the provision of training course(s); and
- “Seller” means Maersk Training UK Ltd (hereafter Maersk Training), with company number 05857502 and having its registered office at The Pearl, 7 New Bridge Street West, Newcastle upon Tyne, NE1 8QA.
Course Booking
The Seller can accept bookings of any of its training courses from the Buyer via the internet on the Seller’s website or by contacting the Seller by telephone or email. The Buyer’s booking of any training course(s) (the “Booking”) will be a contract between the Buyer and the Seller.
Once a suitable date for the provision of the training course has been agreed, the Seller will confirm the Booking details by means of sending the Buyer a confirmation booking letter (“Confirmation Letter”) accompanied by the Seller’s terms and conditions of the Booking. If the training course is to be delivered at the Seller’s training centre, the Buyer will be sent joining instructions and a map, included in the joining instructions with details of any prerequisites and personal protective clothing the Buyer and/or any delegates of the Buyer should bring with them.
If the Buyer uses a purchase order system, then this must be given to the Seller at the time of the Booking. The Contract shall come into existence on the earlier of either the receipt by the Seller of a purchase order in relation to the Booking or the day of the delivery of the Confirmation Letter by the Seller to the Buyer.
Costing and Payment Policies
The Confirmation Letter will contain details of the Booking, cost and additional charges which may include (but shall not be limited to) the following:
- VAT where applicable;
- If the training venue is located outside the city boundary, then a return mileage charge of 75p per mile from the training centre to the venue will be charged;
- Any transportation expenses such as flights, taxis etc. incurred in deployment to the Buyer’s chosen venue;
- All flights over six hours in duration will be deemed long haul and may be booked business class
- If any overseas Buyers have an obligation to pay withholding tax, then this must be stated at the time of the Booking and it will be added to the Seller’s agreed day rate. Under no circumstances shall the Seller be held responsible to pay any withholding tax on behalf of the Buyer;
- If due to operational reasons offshore, any delegate is sent home earlier, retained longer or delayed in transit, the full terms as stated on the Confirmation Letter plus any additional days will still be charged at the full day rate as agreed on the Confirmation Letter;
- Courier charges for the delivery of documents outside the United Kingdom;
- Additional copies of any certificates in relation to the training course(s) provided by the Seller will be charged at £10.00 plus vat per certificate; and
- Additional delegates not notified to the Seller at the time of the Booking.
- If the delegate is deemed as not yet competent, and has to attend additional training, due to not obtaining the necessary Fit to Train or Medical Certification pre-requisites then a charge of £275 +VAT will be applied.
The cost of the Contract and any additional or other charges payable in respect of the training course(s) provided to the Buyer by the Seller shall be paid by the Buyer under the payment terms stated in the Confirmation Letter or as agreed between the parties (without any set-off or deduction). The payment terms will vary for each Buyer but shall generally be as follows:
- Self-sponsored individuals and First time Company Buyers must pay the full training course fees prior to the commencement of the training course, payment will be accepted by the following forms of payment; Visa, MasterCard, American Express, Switch/Maestro and Visa Delta/Debit Cards. We also accept cash and bank transfer(provided that we receive the payment not less than 5 working days in advance of your start date). We do not accept payment by personal cheque. This payment is non-refundable.
- Company Buyers who book training courses at the Seller’s training centre or the Buyer’s premises will be invoiced on first day of training course commencement.
The Seller‘s invoices for conditions b) under this payment policy, will become due for payment within 30 days from the invoice date. Overdue payments will incur an interest charge of 2% per month , calculated from the first day of a period.
Cancellation Policy
- More than 30 days before course commencement – no charge
- 30 days or less before course commencement – 50% charge
- 15 days or less before course commencement – 100% charge
In the event of a full or partial cancellation of a course by the client then please adhere to the above unless this is superseded by a contractual agreement between client and Maersk Training.
Maersk Training reserves the right to cancel or terminate wholly or in part any course and make changes to the course at any time and for any reasons.
As an alternative to cancelling, you can request to transfer your booking to a different start date (on one occasion only and provided its within 30 days of your original course start date). If the buyer chooses to transfer the booking 7 days or less before the original date of course commencement, payment of course fees will be charged in full.
Any courses which have been re-scheduled are exempt from our cancellation notice periods, full or partial refunds will not be issued
Confirmation of Training, Booking Agreement and Joining Instructions Responsibilities
- Joining Instructions
- Medical fitness
- Pre Attendance
- Pre requisites
- Punctuality
- Health & Safety Policy -Statutory Regulations and Drugs and Alcohol
- Zero Tolerance / Alcohol & Drug Test
- Statutory Regulations
- Material Liability
- Damage Liability
- Clothing and Personal Property
- Language
- Delegate Behaviour
- Special Requirements
The Buyer must ensure that the Buyer and any delegate of the Buyer who is to attend a training course at the Seller’s training centre, receives, reads, understands and complies with all of the requirements contained in the joining instructions as detailed under this condition in order for the Seller to effectively deliver the training course(s).
Due to the physical activity content in some of the training courses provided by the Seller, the Buyer must ensure that all delegates booked onto the training courses are medically fit before they attempt to participate in any training course.
The Seller reserves the right to ask any delegate to complete a medical disclaimer form and to complete a series of reasonable physical and written tests in order to assess their fitness to attend any training course provided by the Seller. If the Buyer and/or any of the Buyer’s delegates have a disability, the Buyer must notify the Seller at the time of the Booking, and the Seller will endeavor to overcome this to the best of its ability.
Please read the Confirmation Letter and Joining instructions carefully and ensure that the Buyer and any of the Buyer’s delegates bring all necessary documents, clothing and PPE which is detailed in the joining instructions.
Failure to do so may result in the Seller’s refusal to allow the Buyer and/or any of the Buyer’s delegates to attend the training course with the full amount stated in the Confirmation Letter being payable.
The Buyer or the Buyer’s delegate(s) must bring with their Government issued photographic identification (e.g. passport, driver’s license).
The Buyer will be notified of any pre requisites in the Confirmation Letter and joining instructions, the Buyer must ensure that it forwards all required documentation requested by the Seller in a timeous manner prior to the training course commencement.
Failure to comply with the Confirmation Letter and Joining instructions in any way may result in the cancellation of the training course with the full amount stated in the Confirmation Letter being payable by the Buyer.
The Buyer will be informed of the training course start time and venue on confirmation of the Booking. Please aim to arrive at least 15 minutes prior to start time.
If the Buyer and/or any of the Buyer’s delegates arrive late they may not be able to participate in the training course and the Buyer will still be charged the full amount stated on the Confirmation Letter and where appropriate the Buyer will be notified if only the Buyer’s delegates are attending.
The health and safety policy, statutory Regulations and drugs and alcohol policies of the Seller are displayed at the Seller’s training centre and are also available on request prior the starting date of the requested training course.
Should the Buyer or any of the Buyer’s delegates attending any training course fail to comply with such policies and statutory regulations or behave in a manner deemed unacceptable or inappropriate by the Seller (the Seller being the sole judge), the Seller will reserve the right to ask the Buyer or the Buyer’s delegate(s) attending the course to leave or otherwise be removed from the Seller’s premises with no right to attend the training course but still be bound to pay the total payment due to the Seller as stated in the Confirmation Letter or receive no reimbursement of any sums already paid by the Buyer to the Seller.
The Seller has a zero tolerance against alcohol or drug influence on the courses. For safety and security reasons, the Seller perform alcohol and drug tests upon suspicion and at random just prior to and/or during courses.
If delegates are under any influence of alcohol or drug, the Seller will reserve the right to ask the Buyer or the Buyer’s delegate(s) attending the course to leave or otherwise be removed from the Seller’s premises with no right to attend the training course but still be bound to pay the total payment.
The Buyer or the Buyer’s delegate(s)’ employer will be notified about the result of a test is that the Buyer or the Buyer’s delegate(s) are under influence of alcohol or drugs for contractual purposes. The Seller may engage third parties to perform the tests on the Seller behalf and store information on positive results for three years.
Participation in the test is mandatory and if the Buyer or the Buyer’s participant refuses, the Buyer or the Buyer’s delegate(s) will also be immediately dismissed, and delegate(s) employer will also be notified thereof for contractual purposes.
The Buyer or the Buyer’s participant(s) must follow the Seller requests and requirements in respect of legal obligations. The Buyer or the Buyer participant(s) must maintain free access to fire and emergency exits at all times.
The Seller shall have no liability to the Buyer for any loss, damage, costs, expenses or other claims for compensation arising from any materials or instructions supplied by the Buyer which are incomplete, incorrect, inaccurate, illegible out of sequence or in the wrong form or any other fault of the Buyer
Any damage caused by the Buyer or any of the Buyer’s delegates, employees, contractors and/or representatives to the Seller’s premises and/or any of the facilities, furnishings and/or equipment of the Seller will be repaired and rectified by the Seller and will be invoiced to and paid for by the Buyer.
Any damage caused by any representative of the Seller to the Buyer’s premises and/or any of the facilities, furnishings and/or equipment of the Buyer will be repaired and rectified by the Buyer and invoiced to and paid for by the Seller.
The Seller shall have no Liability to the Buyer or any of the Buyer’s delegates attending the training course for any loss, damage, costs, expenses or claims for compensation for any personal property belonging to them.
Cloakrooms and storage facilities will be provided to all delegates attending training courses at the Seller’s premises who cannot have personal items in their possession during the training course they are participating in.
All the Seller’s courses are taught in English. An understanding of English, verbal, reading and writing is essential. It is the Buyer or the Buyer’s participant(s) responsibility to ensure that all participants are able to read, understand and be capable of making themselves understood (verbally and in writing) in English.
If in the Seller’s reasonable opinion the participant’s understanding of English is not at an acceptable level the Seller reserves the right to suspend or cancel the training without liability.
A translator may be arranged by the Buyer/the Seller to accompany delegates during training for an additional cost.
Bad behaviour will not be tolerated during any training course or within the Seller’s training centre. If the Buyer or any of the Buyer’s delegates do not behave appropriately and/or reasonably in the Seller’s sole opinion, they will be suspended from the training course or removed from the Seller’s training centre.
Should the Buyer or any of the Buyer’s delegates be suspended from a training course or be removed from the Seller’s training centre under this condition, the full sum stated in the Confirmation Letter will be payable by the Buyer.
The Buyer must specify any special requests such as dietary requirements, any disability or religious commitments to the Seller at the time of the Booking.
If the Seller is not advised of these requests at the time of Booking then the Seller will not be liable for taking any of these requirements into consideration.
General Liability
- The Buyer shall be responsible for and shall save, indemnify, defend and hold harmless the Seller from and against any and all loss, damages, liabilities, claims, judgments, decree awards, actions, costs and expenses arising in connection with the performance or non-performance of all obligations and liabilities required by law to be performed and borne in respect of any and all of any services and/or training courses supplied to the Buyer pursuant to the Contract, including without limiting the generality of the foregoing, Obligations and liabilities in connection with the termination of the Contract.
- The Seller shall not be liable to the Buyer by any means of representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether or not caused by the negligence of the Seller, its employees, subcontractors or agents or otherwise) which arise out of or in connection with the provision of any services, training courses or their use by the Buyer, and in any case, the Seller’s liability to the Buyer will not exceed the total amount paid by the Buyer to the Seller.
- The Seller warrants to the Buyer that its training courses will be provided using reasonable care and skill and, as far as reasonably possible in accordance with the Confirmation Letter and instructions as agreed between the Seller and the Buyer.
- The Seller accepts no responsibility for failure by or actions of a third party. Furthermore, where the Seller supplies, in connection with the provision of the training course(s) or any other services to the Buyer, any information provided by a third party, the Seller does not give any warranty, guarantee or indemnity in respect of such information.
Confidentiality
The Buyer must not reproduce, copy, publish or sell any materials, information or documents supplied by the Seller to the Buyer or belonging to the Seller. Any materials, information or documents supplied to the Buyer is for the Buyer’s personal use only.
The Seller shall comply with ‘The Data Protection Act 2018’ (the “2018”Act) when processing any personal data within or out of its systems (as defined by the 2018 Act).
The Seller shall take reasonable precautions to ensure that any data provided by the Buyer through its website or by email is secure. The Buyer provides any data to the Seller through its website and/or by email at the Buyer’s own risk on the understanding that any transmission of data through the internet is not entirely secure.
Applicable Law
These conditions shall be deemed to have been made in Scotland and the construction validity and performance of them shall be governed in all respects by Scottish Law.
