General course terms and conditions Hartis Academy

The terms and conditions below apply to the agreement between the participant (course participant) and the organization (Hartis Telezorg) with which the participant enters into the (training) agreement (hereinafter referred to as 'Trainer'). The agreement is entered into with the party mentioned in the training brochure as the organizer.

Article 1. General

These General Terms and Conditions apply to all offers, quotations and agreements of Opleider to/with a participant with respect to the provision of services by Opleider, including - but not limited to - the provision of courses, webinars, trainings, workshops, congresses, conferences and mastercourses (hereinafter collectively referred to as "Courses") as well as the provision of persons, premises, materials, etc. and all resulting disputes. By registering, the participant agrees to these terms and conditions. Printing or typographical errors are reserved.

Article 2. Application

1. A participant may apply via the Opleider website, by clicking on the program of his or her choice, or via the application form printed in Opleider brochures and through various other means of communication. The brochure or a separate application form can be requested from Opleider. A participant may send a fully completed application form to Opleider by email or by mail: for current contact information one should consult the website of Opleider. The agreement between the participant and Opleider is established by written or electronic confirmation by Opleider to the participant of his written or electronic application.
2. Placement on a course is in order of receipt of registration forms. Preferences indicated will be taken into account as much as possible, but no rights can be derived from this. If a participant cannot be placed, that participant will be notified in writing, electronically or by telephone.
3. Registration for the trainings is possible up to one day before the start of the training. If registration is made within 10 working days prior to commencement of training then timely receipt of training materials cannot be guaranteed.
4. The participant commits to the entire course.
5. Each participant will receive electronic confirmation of participation within 10 business days of receipt of registration.
6. The trainer contracts with the individual participant, not with the office or employer for which the participant works. The participant is of course free to have the invoice paid by the office or employer ('invoice address') but the participant himself remains at all times responsible for full and timely payment.
7. Educator reserves the right, without giving reasons, to refuse individual registrations.

Article 3. Prices

1. The statements in the brochures, leaflets and other communications published by Educator are binding, unless a different price is agreed upon in a written agreement.
2. All prices, unless otherwise stated, include training materials. Catering and lodging are included if stated in course description.
3. Educator has the right to change prices at any time, with the understanding that after confirmation of a training course, the then current price will continue to apply, unless the training course is cancelled and postponed to a later date (see Article 6), in which case the price in effect at the time of the new confirmation will apply. Quoted prices are in euros unless otherwise stated.

Article 4. Terms of payment

1. Unless expressly agreed otherwise, the participant must pay (or have paid) the full training price at the latest within the payment term stated on the invoice, but in any case one working day prior to the start of the training if the training starts within this term.
2. The payment term on the invoice is a deadline. If the training fee due is not paid on time, the Educator has the right not to execute the agreement or to terminate it prematurely. In that case, an agreement is considered to have been cancelled by the participant and the cancellation fees are applicable as stated in Article 5.

Article 5. Cancellation by participant

1. If a participant is unable to attend, he/she may be replaced by another person at no additional cost, provided that written notification is given before the start of the training. The participant remains liable for the entire original training fee.
2. Full or partial cancellation of an agreement by a participant must be made in writing or by e-mail. The date of receipt of the letter or e-mail or the date on which the payment period has expired will be used to determine the cancellation fee.
3. The participant has the right to dissolve the agreement for fourteen days after ordering the course (if legal cooling-off period ex. article 6:230 o BW applies) unless otherwise agreed upon.
4. If the participant cancels his participation in a training course in writing up to six weeks before the start of the training course, € 25,00 in administration costs will be charged, as well as any already incurred - non-refundable - costs such as costs for overnight accommodation. If the participant cancels between six and two weeks before the start of the training, half of the full training fee (50%) will be charged. If the participant cancels less than two weeks before the start of the training, the full training fee (100%) will be charged.
5. If there is a free course, training or meeting, the so-called no-show rule applies. This means that if you do not cancel within 14 days before the start of a course, training or meeting you will owe € 25.00 excluding VAT. You may be replaced by a colleague. The cancellation must be made in writing or by e-mail.

Article 6. Cancellation or modification

1. Educator has the right to make changes (including, but not limited to, changes regarding the content, format, instructors, materials, date, time, location, place in which training is given) to announced trainings and cancel announced trainings without giving any reason.
2. In case of cancellation of a training course, the participant is entitled to a refund of the full amount paid by the participant to Educator.
3. In the event of a change in the date, time or location of a training course, the participant will be informed in writing or electronically. In that case, unless otherwise agreed, a participant may cancel free of charge by letter or e-mail within fourteen days of the date of the letter or e-mail regarding the change.
   

Article 7. Complaint procedure

1. Complaints should be communicated to Opleider with reasons within fourteen days of discovery. Within five business days the sender will receive a confirmation of receipt. All complaints will be handled confidentially and within four weeks of receipt. The detailed complaint procedure is described on the website of Opleider, on this website you will also find the digital complaint form. The complaint and its handling will be registered by Opleider and kept for a period of five years.
2. The filing of a complaint does not affect the fulfillment of payment obligations.

Article 8. Liability

1. Trainer shall make every effort to perform all activities qualitatively to the best of his ability, both in terms of content and organization. It cannot be excluded that nevertheless incorrect information with regard to content is provided, either by the trainer during the training, or in the written material provided to the participant as part of the training. Opleider excludes all liability for this, unless there is intent or deliberate recklessness on the part of Opleider and/or its managers.
2. The entire contractual and extra-contractual liability of Opleider to the participant in a training program is limited to liability with respect to direct damage (which in any case does not include: indirect damage, consequential damage, reduced goodwill, business stagnation and related loss or damage); with a maximum of the total amount of fees paid to Opleider by the participant under the agreement to a training program.
3. The participant shall indemnify Training Provider against all claims by third parties - including but not limited to the participant's employer or employees - resulting either directly or indirectly from the work performed under the agreement.

Article 9. Force Majeure

1. In the event that Opleider is prevented by force majeure from performing the agreed service/work in whole or in part, Opleider has the right to suspend the performance of the agreement or to dissolve the agreement in whole or in part, at Opleider's option, without Opleider being liable for any compensation.
2. Force majeure includes - but is not limited to - impediments on the part of the instructor, such as impediments due to (personal) circumstances such as illness or death of the instructor or relatives of the instructor and circumstances in weather or traffic that cause a delay or impediment of the instructor.

Article 10. Processing of personal data.

1. If a participant registers for a training course from the range offered by Opleider, the personal data will be used to compile a list of participants (personal name and name of employer). The data will also be included in the customer database in order to inform the participant about the training offer in the future. If a participant objects to the inclusion of data in the customer database, the participant can indicate this by means of a letter or an e-mail (addressed to Opleider). For current contact information, the website of Opleider can be consulted. A participant's data will be kept confidential and will not be provided to third parties without the consent of the participant in question, unless any legal requirement requires it.
2. By 'third parties' we do not mean the parties with whom we cooperate for the execution of the agreement between Trainer and participants, such as hosting parties. We have agreements with these parties in which - among other things - we have made arrangements regarding access to the data, the retention period and security.

Article 11. Portfolio

Educator will issue a participant who has participated in a training course a certificate of participation if the participant signs the attendance list upon arrival and departure.

Article 12. Intellectual property

It is not permitted to reproduce, disclose or exploit, in whole or in part, any information and (work) material obtained from or on behalf of Educator in the context of the training, with or without the involvement of third parties. Making audio and/or video recordings during the training is expressly prohibited. The trainer or the teacher is the copyright holder of the course material, unless otherwise stated in the course material.

Article 13. Choice of law and forum.

Dutch law applies to all agreements with Opleider. All disputes arising from agreements with Opleider will be submitted to the competent court in Amsterdam.