West Anglia Training Association

1. About these Terms and Conditions

1.1 These Terms and Conditions (the “Conditions”) form the whole of our ‘Agreement’ with you.

1.2 In these Conditions ‘we’ and ‘us’ means West Anglia Training Association (Registered Charity Number 273793 and Company Registration Number 1273848) known as West Anglia Training Association; ‘you’ means the individual or organisation Booking a Course, Product, Service, and/or Meeting Room under these Conditions; ‘Meeting Room’ means rooms available for hire at our Old Houghton Road premises; ‘Booking’ means a request by you to book a Course and/or Meeting Room with us; ‘Consumer’ means any natural person who, in contracts to which the Consumer Protection (Distance Selling) Regulations 2000 apply, is acting for purposes which are outside his business; ‘Course’ means a West Anglia Training Association course; ‘Credit Account’ means a prearranged credit account with us; ‘Delegate’ means an individual enrolled on a Course by you; ‘Equal Opportunities and Diversity Policy’ means our policy to ensure that no individual receives less favourable treatment than any other on the grounds of sex, race, colour, nationality, ethnic origin, religion/ belief, age, marital status, sexual orientation, political belief, disability, irrelevant offending background or for any other reason which cannot be objectively justified; ‘Reasonable Adjustments’ means reasonable adjustments either in accordance with relevant equal opportunities legislation or as part of what we deem to be good practice.

1.3 These Conditions replace all other terms and conditions previously applicable and shall apply to any Booking to the exclusion of any other terms and conditions.

2. Booking

 2.1 Subject to clause 2.2, you may make a Booking on line at www.wata.co.uk, by telephoning our Bookings Staff on 01480 435544 or by completing our Booking form, where applicable, and returning it by either email, fax or post to our Bookings Staff.

2.2 A Booking for a Meeting Room can only be made by telephoning our Bookings Staff.

2.3 Booking a Course and/or Meeting Room shall be regarded as an offer by you to book a Course and/or Meeting Room under these Conditions.

2.4 As soon as reasonably practicable you shall provide us with the name of the Delegate(s) and any special requirements they may have particularly with regard to diet, mobility and access.

2.5 Substitution of a Delegate will be allowed up to the commencement of the Course without charge subject to clause 2.4.

3. Confirmation

3.1 Acceptance of your offer will take place on sending you written confirmation of your Booking. Our acceptance of your Booking brings into existence a legally binding Agreement between us.

3.2 Joining instructions will be forwarded to you prior to the Course start date. If you do not receive the joining instructions within 7 days of the Course start date you must notify us immediately.

4. Meeting Rooms

4.1 A Booking for Meeting Rooms under this Agreement shall include the use of rooms for purposes which do not enter into direct competition with the West Anglia Training Association offer, West Anglia Training Association reserves the right to refuse bookings where it deems them to conflict with our trading position.

5. Price

5.1 A standard Course price is as listed in our published price list. We reserve the right to change prices listed without notice.

5.2 The price of a bespoke Course is as confirmed by us in writing.

5.3 Course prices do not include meals (unless we notify you otherwise), travel, accommodation, parking costs or any other cost incurred as a result of or in connection with a Course

5.4 Accommodation provider details are available on request however; West Anglia Training Association can take no responsibility for the quality of any such accommodation. Please contact our Bookings Staff by telephone for details.

5.5 Value Added Tax will be added to all taxable supplies at the current rate.

6. Payment

6.1 All payments must be made in UK sterling (GBP) and reference our invoice number where provided.

6.2 Other than where we agree to payment being made through an active Credit Account, payment must be received within 21 days of the course start date or immediately if the Booking is made less than 21 days prior to the Course start date.

6.3 Where payment is to be made through a Credit Account, payment shall be made within 30 days of the date of invoice.

6.4 No payment shall be deemed to have been received until we have received cleared funds.

6.5 Without prejudice to any other right or remedy available to us if payment is not received when due we shall be entitled to: 6.5.1 Cancel the Agreement; and/or 6.5.2Suspend the delivery of any other Course to you; and/or 6.5.3 Withhold the issue of any applicable Course certificate; and/or 6.5.4 Include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Lloyds Bank Plc. If we must recover the outstanding payment recovery costs are to be paid by you.

6.6 Subject to clause 9 if the price of a Course is £1000 or more a non-refundable deposit of £100 is payable at the time of Booking.

7. Transfer

7.1 If you wish to transfer to an alternative date for the same Course your request must: 7.1.1 Be received no less than 14 days before the original Course start date; and 7.1.2 State the date to which you wish to transfer to (which must be within twelve months of the original Course start date).

7.2 The transfer option set out in clause 7.1 can only be used once.

7.3 If you transfer to an alternative Course date you may not cancel your Booking under clause 8.

8. Cancellation by you

8.1 In the event you are a Consumer: 8.1.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel within 14 days starting the day after entering into the contract to receive a full refund. You must inform us in writing if you wish to cancel. 8.1.2 If the Course start date occurs within the 14 day cancellation period, you can proceed but you will need waive your rights to cancel by confirming to us in writing. 8.1.3 Your statutory rights are not affected.

8.2 Subject to clause 8.1, if you wish to cancel a Booking and your cancellation is received: 8.2.1 More than 14 days before the Course start date we shall refund you the Course price 8.2.2 Between 14 and 7 days before the Course start date we shall refund you 50% of the Course price; 8.2.3 Less than 7 days before the Course start date no refund shall be made.

9. Cancellation by us

 9.1 All Courses are subject to availability and demand and it is your responsibility to confirm the status of a Course with our Bookings Staff prior to the Course start date.

9.2 We reserve the right at any time: 9.2.1 To cancel Courses and refund in full. No further liability will be accepted. 9.2.2 To vary Course dates, programmes, speakers and venues.

9.3 We shall endeavour to inform you as soon as possible of any Course cancellation or variation.

9.4 Although every effort has been made to ensure the accuracy of information contained within our literature and materials, including any Course description, we do not accept responsibility for any errors or omissions. We reserve the right to cancel any Booking for a Course and/or Meeting Room where any such error or omission has occurred, even after we have accepted such a Booking.

10. Delegates

10.1 Prior to a Delegate attending a Course it is your responsibility to bring these Conditions to their attention.

10.2 You agree to indemnify us in respect of any loss, damage or injury caused to the property of us, our employees or any third party by the conduct, act or omission of a Delegate.

10.3 Delegates shall be required to comply with all the rules, procedures, policies and guidelines in place at the Course venue and/or our premises, including but not limited to health and safety and security procedures and our

10.4 Delegates are not allowed to bring the following on to our premises. 10.4.1 Alcohol; or 10.4.2 Any object that could be used to threaten or injure another person (including any knife or other type of sharply bladed or pointed object or gun or other firearm).

10.5 If we consider that a Delegate is not adhering to our Equal Opportunities and Diversity Policy and/or our ‘Dignity and Respect’ guidelines such Delegate may, at our sole discretion, be required to leave the Course and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.

10.6 If we consider that: 10.6.1 A Delegate is under the influence of drink or illegal substances, in possession of illegal substances, misusing legal substances, unsuitably dressed or behaving in a threatening, abusive or otherwise unacceptable manner; (summary of Alcohol, Drug and Substance Misuse and Weapons Policy) and/or 10.6.2 A Delegate is a risk to the health and well-being of themselves and/or others; and/or 10.6.3 A Delegate’s Course attendance times are unacceptable; such Delegate shall be required to leave the Course and our premises (if applicable) immediately. Other than where a Delegate is required to leave for a reason outside their reasonable control, we shall not be liable for any refund or compensation in such circumstances.

10.7 Prior to making a Booking it is your responsibility to ensure that a Delegate has the: 10.7.1 Physical ability; and/or 10.7.2 Communication skills; and/or 10.7.3 Literacy and/or numeracy skills; that is/are required for a Delegate to attend and complete the Course on which they have been enrolled and for which we are not able to make Reasonable Adjustments.

10.8 If a Delegate does not possess the physical ability and/or the skills set out in clause 10.7 either 10.8.1 In our reasonable opinion; and/ or 10.8.2 The Delegate’s opinion and we have not been able to make Reasonable Adjustments such Delegate shall be required to leave the Course and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.

10.9 If you and/or a Delegate have any doubts relating to the physical ability of a Delegate, reference should be made to a medical doctor. The onus is entirely with you and/ or the Delegate to ensure that the Delegate has the physical ability required to attend a Course.

10.10 Subject to clause 6.5.3, for those Courses where a Course certificate is ordinarily issued, a Course certificate shall be issued to a Delegate who has, in our opinion, successfully completed and attended any such Course and, if relevant, attained a sufficient level of competence.

10.11 You shall forward on any issued Course certificate to the applicable Delegate.

11. Intellectual Property

11.1 The names, images and logos identifying West Anglia Training Association are proprietary marks of West Anglia Training Association (WATA).

11.2 All other trade marks, brand names, product names and titles and copyright used in our prospectus or the training material are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by West Anglia Training Association in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.

11.3 Copyright subsists in our literature (includingour Course catalogue and training material) and no part of our literature may be reproduced in any form without our prior written consent.

12. Liability

12.1 Nothing in this Agreement is intended to limit liability for death or personal injury caused by our negligence.

12.2 Subject to clause 12.1 we shall not be liable to you: 12.2.1 For any indirect, special or consequential loss of any nature whatsoever; or 12.2.2 For any loss of profits, business, contracts, revenue, goodwill, contracts or anticipated savings or for any administrative inconvenience or disappointment.

12.3 Subject to clause 12.1, our liability to you in contract, tort or otherwise is limited to the Course and/or Meeting Room price.

12.4 We accept no liability for any reliance placed upon the contents of any Course literature supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.

12.5 We shall not be liable for any loss or damage caused to a Delegate’s vehicle on our premises unless caused by our wilful misconduct.

12.6 We shall not be liable to you and/or a Delegate for any loss or damage to property caused by an event outside our reasonable control (including the misconduct or negligence of another delegate) or where the Delegate remains in exclusive charge of the property concerned. Delegates are recommended to have insurance in place to cover loss, damage or theft of their personal effects and money. 12.7 We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this Agreement if such delay is due to any cause or circumstance beyond our reasonable control (including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident) and we shall be entitled to a reasonable extension of time for performing such obligations.

13. Data Protection

13.1 By booking a Course and/or Accommodation you consent to our processing the personal data you provide for the purposes set out in clause 13.3.

13.2 Where you provide us with an individual’s personal data you warrant and represent that you do so with their consent and that you have informed them of our identity and the purposes set out in clause

13.3 for which their personal data will be processed. 13.3 We may use the personal data you provide for the purposes of administration (including Delegate registration and recording of qualifications); statistical analysis; customer services and keeping you and/or a Delegate informed of our products and services and those of third parties which we think may be of interest to you (if you and/or a Delegate do not wish to be contacted in this way you and/or a Delegate can contact us at any time). We may need to share such personal data with associated bodies and service providers for these purposes.

13.4 We may disclose personal data in order to comply with a legal obligation.

14. General

14.1 Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any other contract.

14.2 A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

14.3 The headings in this Agreement shall not affect its interpretation.

14.4 If any part of this Agreement is held to be illegal or unenforceable (including any provision in which we exclude our liability to you) the validity and enforceability of any other part of the Agreement will not be affected.

14.5 The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.

15 How to contact us

15.1 You can contact our Bookings Staff by telephone on 01480 435544, by email on info@wata.co.uk or fax on 01480 413000 or by post to : Bookings, West Anglia Training Association, Old Houghton Road, Hartford, Huntingdon, PE29 1YB . Our office hours are 0830 – 1715 Monday to Thursday and 0830 – 1700 Friday excluding public holidays (in England and Wales).