These course terms and conditions apply (only) to agreements relating to in-company courses provided by Poelmann van den Broek N.V. (hereinafter referred to as PvdB Academy). All other services provided by Poelmann van den Broek N.V. are subject to the PvdB Academy. General Terms and Conditions of Poelmann van den Broek N.V. are applicable.
1. Agreement: the Agreement relating to the taking of a course/course by a Course Participant at PvdB Academy.
2. Course participant: the natural or legal person who has entered into a contract to attend a training course/course with PvdB Academy.
3. PvdB Academy: the public limited company Poelmann van den Broek N.V., having its registered office in Nijmegen.
1. The Agreement is established after digital registration for a course and by electronic confirmation thereof by PvdB Academy.
2. In case of conflict between one or more provisions of these course terms and conditions and the Agreement, the relevant provision of the Agreement shall prevail
1. The invoice must be paid within the period specified in the invoice, unless otherwise agreed. The invoice must be paid in a manner indicated at the bottom of the invoice.
2. If payment is not made within the specified period, the student will be in default and will owe statutory interest and extrajudicial collection costs of 10% on the outstanding amount of the invoice (including VAT). In that case, PvdB Academy will also be authorized to exclude the student from participating in the course, without this leading to any obligation or liability on the part of PvdB Academy.
3. If PvdB Academy initiates legal proceedings (including arbitration and binding advice) and is fully or partially successful in the matter, the student will be required to reimburse PvdB Academy for the actual costs involved in these proceedings. These include the costs of attorneys, legal representatives and fixed fees, as well as the fees payable to arbitrators or binding advisors, even if these exceed any legal costs awarded on the basis of article 237 and following of the Dutch Code of Civil Procedure.
1. Student can cancel a course in writing free of charge up to 2 weeks before the start of the course. Cancellation at a later time is not possible, as a result of which, even if the course is not attended, the Participant will owe the full fee.
2. The Course Participant may be replaced by another person during the course, provided this is notified in writing to PvdB Academy prior to the course.
1. PvdB Academy is entitled to change the date and/or time and/or location of the course without giving reasons. PvdB Academy will inform the student of this prior to the course. The student will then be entitled to cancel the course free of charge in writing within one week of this notification.
2. PvdB Academy is entitled to cancel a course at any time without giving reasons, without this leading to any obligation or liability on the part of PvdB Academy. Any payments already made by the student will be refunded.
3. PvdB Academy is entitled at all times to replace the instructors it has charged with the execution of the course with other instructors.
4. Any subjects and themes mentioned by PvdB Academy in advance with regard to the content of the courses it will offer, will only serve as an indication of what will be covered during the course. PvdB Academy is entitled to deviate from this, unless this deviates from the scope of the course.
1. The course and course materials are intended only to provide the Student with an outline understanding of general legal subject matter and in no way to constitute legal advice.
2. Students are not permitted to reproduce, disclose, provide to third parties or edit, in whole or in part, course materials developed by PvdB Academy and provided to students for their own use without PvdB Academy's written permission.
1. PvdB Academy will make every effort to conduct all courses properly. However, any liability of PvdB Academy for damages related to participation in a course is excluded.
If, for any reason, paragraph 1 should not apply, PvdB Academy's liability will be limited to the amount paid out in the case in question under its liability insurance(s), increased by the excess payable by PvdB Academy under the insurance contract.
2. If for whatever reason no payment is made under the aforementioned insurance, any liability will be limited to an amount twice the costs charged to the student for the course that caused the liability, with a maximum of € 5,000.00 (in words: five thousand euros).
3. The limitations of liability described in the preceding paragraph do not apply in case of intent or conscious recklessness on the part of PvdB Academy. PvdB Academy will always exercise due care when engaging third parties in the performance of the agreement.
4. PvdB Academy is not liable for any shortcoming and/or wrongful act of these third parties.
1. PvdB Academy has a complaints procedure. The course participant may invoke this regulation by submitting the complaint in writing to the secretariat of the complaints officer. The secretariat of the complaints officer can be reached at the office address of PvdB Academy. The complete complaints procedure is available from the secretariat of the complaints officer upon request of the Course participant.
2. The legal relationship between PvdB Academy and the Course participant is governed by Dutch law. Any disputes arising from such legal relationship will be settled exclusively by the competent court in the district of Arnhem.
3. All claims against PvdB Academy will lapse if they are not brought before the competent court within one year from the time the student became aware of them or could reasonably have become aware of them.
4. Not only PvdB Academy, but also all (legal) persons engaged in the performance of any course or who are or were in any way associated with PvdB Academy, may invoke these general terms and conditions.