TERMS AND CONDITIONS

1.Definitions

1.1) In these general terms and conditions, the following definitions apply:

  1. Activity: A training, education, course, seminar, congress, study day or similar organized by Centrum BTR / Rost Therapy
  2. Cancellation: (Interim) termination of the Lesson Agreement
  3. Participant: The person who has registered to participate in an Activity
  4. Tuition: The amount that Centrum BTR / Rost Therapy charges for participation in an Activity.
  5. Lesson agreement: The agreement between Participant and Centrum BTR / Rost Therapy with regard to participation in an Activity.
  6. Centrum BTR / Rost Therapy: Centrum BTR / Rost Therapy, with address Rijnsburgerweg 95, 2334 BK Leiden and registered in the register of the Chamber of Commerce in Amsterdam under number 69546681.

 

2.Applicability and Conclusion of Lesson Agreement

2.1) These general terms and conditions apply to all offers, agreements and / or legal acts of Centrum BTR / Rost Therapy with regard to Activities offered to or performed for Participants.

2.2) Prices of tuition fees, locations, dates and times of teaching activities in expressions of Centrum BTR / Rost Therapy are always subject to change.

2.3) After confirmation by Centrum BTR / Rost Therapy to Participant that they can participate in the desired Activity, a Lesson Agreement is concluded between Centrum BTR / Rost Therapy and Participant. If the Distance-to-Distance Teaching Agreement has been concluded, the Participant has a 14-day cooling-off period within which it can terminate the Teaching Agreement in accordance with Article 4.

2.4) If and insofar as an Activity relates to a post-higher professional education, the Lesson Agreement in that regard has a duration of three years. If the Activity relates to a Masters phase, the Lesson Agreement in that regard has a duration of two years. In the event of intended changes in the offer of the Activity under the respective Lesson Agreements, Centrum BTR / Rost Therapy will inform the Participant in good time about the last possibility to follow an Activity that forms part of the relevant Lesson Agreement. After expiry of the duration of a Lesson Agreement as referred to above, the Participant can no longer claim to follow an Activity.

2.5) These general terms and conditions apply in full to the Lesson Agreement in addition to the Education and Examination Regulations (OER) relating to the Activity).

2.6) If a provision of these general terms and conditions is invalid or is annulled, that invalidity or annulment is only partial and the other provisions of these general terms and conditions remain fully in force.

 

3.Transit /Change of Activities

3.1) Tuition fees, location, dates and / or lesson times for an Activity can be adjusted by Centrum BTR / Rost Therapy by written notification to the Participant. In the event of a material change, the Participant is entitled to Cancel the Lesson Agreement free of charge within two weeks of the date of the notification by registered letter, but without the Participant being entitled to compensation.

3.2) Teachers for an Activity can be replaced by Centrum BTR / Rost Therapy, without the Participant having the right to cancel or cancel the Lesson Agreement. Article 7: 404 of the Dutch Civil Code is expressly excluded.

3.3) An Activity can only take place if sufficient Participants have registered in the opinion of Centrum BTR / Rost Therapy. Cancellation by Centrum BTR / Rost Therapy will take place at least two weeks before the planned start date of an Activity. If then Centrum BTR / Rost Therapy can cancel the Lesson Agreement free of charge and any Participant paid tuition fees will be refunded. At the Participant’s request, the tuition fees paid may be used to participate in the next similar Activity organized by the BTR / Rost Therapy. Any interim price increases will not be charged to the Participant in that case.

 

4. Cancellation and Absence

4.1) The following cancellation scheme applies if the Participant wishes to Cancel the Lesson Agreement:

(i) If there is a contact education agreement with a fixed start date, the following cancellation rule applies after the possible cooling-off period:

  1. cancellation before the contact education has begun is done by registered letter;
  2. cancellation up to two months before the start of the contact education is free of charge;
  3. in the event of cancellation between two months and one month before the start of the contact education, the Participant owes 25% of the agreed Lesson Fee with a minimum of € 50;
  4. in the event of cancellation less than one month before the start of the contact education, the Participant owes 50% of the agreed Lesson Fee with a minimum of € 50;
  5. in the event of cancellation less than two weeks before the start of the contact education, the Participant owes the full, agreed Lesson Fee.

ii) With distance learning, after the Lesson Agreement has been concluded and after the reflection period, cancellation is no longer possible.

4.2) A Participant has the right to appoint a replacement participant, provided that the replacement participant, in the opinion of Centrum BTR / Rost Therapy, meets the admission criteria and the change has been notified in writing to Centrum BTR / Rost Therapy before the start of the Activity.

4.3) If the Participant, due to force majeure (at the discretion of Centrum BTR / Rost Therapy where a supporting document can be requested) has had to neglect an important part of a certain Activity, Centrum BTR / Rost Therapy will make every effort to enable this Participant at a subsequent, similar Activity, to make up for the failed part on the condition that at the start of that similar Activity there is still room for the Participant. Centrum BTR / Rost Therapy is never obliged to refund amounts paid in whole or in part, even if a similar Activity is not or no longer organized by Centrum BTR / Rost Therapy.

4.4) For catching up an Activity € 150 administration costs will be charged and any additional costs for the day arrangements. For Activities for which the tuition fee does not exceed € 1500, the administration costs for catching up are € 50. Interim price increases in the tuition fee will not be charged if there is overtaking. In case of cancellation of the similar Activity by Centrum BTR / Rost Therapy where the Participant would catch up, no administration costs will be charged.

 

5. Terms of Payment

5.1) Unless specific payment conditions have been agreed upon, the Participant will receive an invoice for the tuition fee due after confirmation of his participation in an Activity. The participant will pay this within two weeks after the invoice date, unless payment in instalments has been agreed. Centrum BTR / Rost Therapy may require the Participant to pay the full Tuition Fee no later than 10 working days before the start date of the Activity.

5.2) Participant is in default from the expiration of the payment date. If, after a reminder and a subsequent period of 10 working days, the tuition fee has still not been paid, the BTR / Rost Therapy Centrum is entitled to interest and reasonable costs of to charge (extrajudicial) collection. The interest is equal to the legal interest.

5.3) The Participant may request that the invoice for the Tuition Fee be sent to his employer who can pay on behalf of the Participant. However, the participant always remains responsible for payment of the tuition fee to the BTR / Rost Therapy Centrum.

5.4) Centrum BTR / Rost Therapy reserves the right to suspend the execution of the agreement in appropriate cases until payment of the tuition fee has been received. Where appropriate, BTR / Rost Therapy Centrum may (i) deny Participant access to the Activity or the review and also terminate facilities made available otherwise, and (ii) not provide the certificate / diploma / certificate.

 

6. Additional Costs

6.1) Unless explicitly stated in the written information by Centrum BTR / Rost Therapy about an Activity, the tuition fee is not included

(i) travel costs, accommodation costs, hotel costs

(ii) costs of purchase for prescribed literature and / or material and / or

(iii) examination and / or examination fees. These costs are for the account of the Participant and must be reimbursed separately to the BTR / Rost Therapy Centrum or the body that provides the service or service.

 

7. Intellectual Property Rights

7.1) All rights to written or digital materials provided in the context of an Activity rest with Centrum BTR / Rost Therapy and / or a third party engaged by Centrum BTR / Rost Therapy. Participants only receive a personal and non-transferable user right. It is not permitted to give these materials to third parties for use and / or to have them reproduced without the prior consent of the person (s).

7.2) The content of the material has been compiled with care. However, Centrum BTR / Rost Therapy does not accept any liability for the follow-up and / or interpretation by Participants of the recommendations laid down in the material and / or of verbal instructions given during the implementation of the Activity.

 

8. Force Majeure

8.1) Centrum BTR / Rost Therapy is not obliged to fulfill any obligation if it is wholly or partially prevented or made difficult, whether temporarily or not, as a result of force majeure, which in this context is understood to include the unavailability of teaching materials, teachers or locations.

8.2) In the event of force majeure on the part of Centrum BTR / Rost Therapy, its obligations are suspended. When the force majeure situation of Centrum BTR / Rost Therapy has lasted more than two months, the parties have the right to terminate the Lesson Agreement by written statement. What has already been performed under the Lesson Agreement will then be settled proportionally, without the parties owing each other anything else.

 

9. Liability

9.1) In all cases, the liability of Centrum BTR / Rost Therapy towards the Participant is limited to direct damage and to a maximum of the amount paid by the Participant for tuition fees for the Activity as a result of which the damage would have arisen.

9.2) Centrum BTR / Rost Therapy is never liable for indirect damage, including but not limited to consequential damage,  any incurred travel and accommodation costs, lost income and / or profits, lost savings and damage due to business interruption.

9.3) The Participant must submit a claim for compensation in writing at the latest one year after the Participant has discovered or could reasonably have discovered the reason for this, to Centrum BTR / Rost Therapy, failing which the right to compensation will lapse.

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10. Dissolution

10.1) If the Participant fails to comply with one or more of his obligations towards Centrum BTR / Rost Therapy, does not comply timely or fully, Centrum BTR / Rost Therapy is free, without judicial intervention and / or another notice of default being required, by means of to dissolve the Lesson Agreement (s) concluded with the Participant in whole or in part from a written statement without this giving the Participant a right to a refund of paid Lesson Fee. In this case, without prejudice to any other rights it may have, Centrum BTR / Rost Therapy is entitled to compensation for all damage resulting from the dissolution, and the Participant will in any case always owe the full tuition fee.

10.2) If Centrum BTR / Rost Therapy is in default, the Participant may terminate the relevant Lesson Agreement for the defective part for which Centrum BTR / Rost Therapy is in default, unless the shortcoming, given its minor significance, does not justify dissolution.

 

  1. Personal Data

11.1) Centrum BTR / Rost Therapy will only process personal data for the implementation of the Lesson Agreement and for its own marketing activities and / or commercial purposes, as well as for marketing activities and / or commercial purposes of third parties that serve for Centrum BTR / Rost Therapy or collaborate with Centrum BTR / Rost Therapy.

11.2) Centrum BTR / Rost Therapy will treat everything that Participant in information provided to Centrum BTR / Rost Therapy confidentially.

 

12. Transfer

12.1) The Participant gives BTR / Rost Therapy permission in advance to transfer the agreement to a third party.

(i) if this transfer takes place in connection with the transfer of the company to which both the rights and obligations under the Lesson Agreement belong or

(ii) If Centrum BTR / Rost Therapy remains liable for the fulfillment of the obligations.

 

13. Questions of an Administrative Nature and of Content of Activity

— Questions of an administrative nature and about the content of the Activity will be answered by Centrum BTR / Rost Therapy within a period of 10 working days from the date of receipt. Letters that require a foreseeable longer processing time will be answered by Centrum BTR / Rost Therapy by return with an acknowledgment of receipt and an indication if a more detailed answer can be expected.

14. Disputes and Applicable Law

14.1) All offers and (lesson) agreements to which these general terms and conditions apply are exclusively governed by Dutch law.

14.2) Centrum BTR / Rost Therapy strives to provide the Participant with satisfactory education. If, despite these efforts, the Participant is not satisfied, the Participant can contact the relevant teacher or the complaints officer, Mr. Lex van Berge Henegouwen. The report is investigated and discussed, whereby it is examined whether a solution can be found between them.

14.3) The Participant may, after mutual consultation or instead, submit a formal complaint in time. That is a written expression of dissatisfaction, in which the Participant expresses himself about the doing or omission of Centrum BTR / Rost Therapy. Timely means within 2 months after the end of the training activity. After this period, the complaint can no longer be processed. A complaint can only be submitted by the Participant. The complaint must be submitted in writing and must contain the following information: name, address, place of residence, telephone number, e-mail address, a clear description of the complaint, date and signature. The Participant can send the complaint to Mr. Lex van Berge Hainaut by mail to info@rosttherapy.com and if desired by post to the following address: Rost Therapy, Rijnsburgerweg 95, 2334BK Leiden.

14.4) After submitting the complaint, the Participant will receive a confirmation of receipt of the submission of the complaint and the procedure to be followed and the expected period of time within 5 working days. The complaint will be treated confidentially and objectively assessed at all times. Assessment of the complaint means that the complaint is declared well-founded or unfounded. The Participant will be informed of this as soon as possible, that is to say at least within four weeks after the complaint has been submitted. The Participant will be informed in writing and with reasons.

14.5) The complaint is handled if the Participant has indicated or confirmed it. Complaints and the method of handling are recorded, the details of which are kept for five years.

14.6) The Participant also has the option to appeal against the outcome of the consultation after reporting by the Participant, the outcome of the handling of the complaint or otherwise. This is because the AN-i professional regulation applies, which, as an independent party, examines the appeal and gives a binding opinion about it. This professional regulation is fully elaborated on the website  www.beroepsregeling.nl.