Terms & Conditions
Terms and conditions Linda Lucia Taaltrainingen
Article 1. Definitions
· Client: a natural or legal person with whom an agreement concerning participation in a language course is entered into.
· Course participant: a natural person who effectively participates in a language course on behalf of the Client.
· Language course: a course, training programme, workshop, coaching or consultancy programme, or any other event aimed at conveying and/or enhancing a course participant’s language knowledge and/or skills.
· Terms and Conditions: the present General Terms and Conditions.
Article 2. Scope
1. The Terms and Conditions shall apply to all quotes or general offers made, and (legal) transactions, agreements, etc. made, with respect to Linda Lucia Taaltrainingen’s language courses, regardless of whether or not they are associated with or follow up on quotes or general offers already given, or (legal) transactions, agreements, etc. already made.
2. Any amendments of, or supplementations to, Linda Lucia Taaltrainingen’s Terms and Conditions shall be explicitly confirmed by Linda Lucia Taaltrainingen in writing.
3. Enrolments carried out in the manner specified in Article 3(1) or the acceptance of a quote, as provided for in Article 4(2), shall imply the acceptance of the scope of these Terms and Conditions.
4. The applicability of the Client’s Terms and Conditions shall be precluded insofar as they are contrary to these Terms and Conditions.
Article 3. Enrolment and confirmation of an open language course
1. A participant may register for an open language course to be provided by Linda Lucia Taaltrainingen by submitting a fully completed registration form on Linda Lucia Taaltrainingen’s website.
2. Linda Lucia Taaltrainingen shall at all times confirm the registration by email.
Article 4. Agreement with respect to an in-company/tailored language course
1. The Client shall request a quote from Linda Lucia Taaltrainingen for an in-company/tailored language course.
2. Full acceptance of the quote shall be considered to constitute an agreement concerning participation in an in-company/tailored language course.
3. The contents of the quote shall reflect the agreement made.
Article 5. Fees for open language courses
1. Once a participant registers by completing the form available on www.lindalucia.nl, the applicable fees shall be those stated as current on Linda Lucia Taaltrainingen’s website.
2. Unless otherwise stated, fees shall be exclusive of the cost of course materials.
3. No VAT applies to open language courses by Linda Lucia Taaltrainingen, as we are registered in the CRKBO register.
4. Fees may be adjusted in the event of unforeseen circumstances. Any such adjustment shall be notified in advance.
Article 6. Fees for in-company or tailored language courses
1. The fee for the course stated in the quote shall be binding only during the validity period of the quote.
2. Unless otherwise stated, fees shall be exclusive of the cost of course materials.
3. The courses are VAT free, in the case of the requirement of a VAT invoice, the fees stated shall be exclusive of VAT and shall be charged with VAT included.
4. Fees shall be adjusted in the event of changes to the VAT regime and/or the level of applicable VAT rates.
Article 7. Payment
1. Upon registration for an open language course as provided for in Article 3, or upon acceptance of an offer as provided for in Article 4, Linda Lucia Taaltrainingen shall send the Client an invoice with respect to the course in question.
2. The Client shall pay for the course in full within 14 days of the invoice date, and by no later than the beginning of the first day of the course. Payments shall be made by transfer to an IBAN bank account designated by Linda Lucia Taaltrainingen.
3. In case Linda Lucia Taaltrainingen does not receive full payment prior to the commencement of a language course, the course participant shall not be entitled to participate in the course before full payment is made, without this relieving the Client of the obligation to pay the full course fee and any additional costs.
4. If the Client fails to pay the fee or if he pays the fee late, any costs Linda Lucia Taaltrainingen may incur as a result shall be charged to the Client. Such costs shall include all judicial and extrajudicial costs, such as the costs of summons, debt collection, consultant’s/solicitor’s fees etc.
Article 8. The moving of dates of an in-company or tailored language course by the Client
1. A course day or a language class may, by agreement and free of charge, be moved to another day twenty-four (24) hours in advance of the agreed date.
2. Where a date is moved within twenty-four (24) hours in advance of the agreed date, the Client shall be charged for the course day or a language class.
Article 9. Cancellation of an open language course by the Client
1. The Client may cancel an agreement for an open language course by notifying Linda Lucia Taaltrainingen in writing two (2) weeks in advance of the scheduled first course day.
2. If a cancellation is made two (2) weeks in advance of the first course day, a cancellation fee shall be charged. If a cancellation is made within two (2) weeks to three (3) days (or 72 hours) in advance of the first course day, 50% of the amount payable shall be charged as the cancellation fee.
3. If a cancellation is made three (3) days (or 72 hours) in advance of the first course day, the full course fee shall be payable and the Client shall not be entitled to a refund of the amount he has already paid.
4. The Client may not cancel a course agreement once the language course has commenced.
Article 10. Hindrance
1. If a participant is prevented from attending the entirety of a language course, he/she may be replaced by another participant, provided that the substitute is notified to Linda Lucia Taaltrainingen within 3 days in advance of the first course day. The Client shall not be required to pay any extra costs in case of replacement.
2. A participant who is prevented from attending may, on request and depending on availibility, be transferred to the same language course taking place on different dates. Transfers shall be subject to an administration fee of EUR 25. The request for a transfer should be made prior to the first course day.
3. Where a participant is prevented from attending one or more classes during the language course, the Client shall not be entitled to transfer the participant to a course taking place on different dates nor shall the Client be entitled to a refund of the amount he has already paid. The full course fee shall be charged.
Article 11. Impracticability of the agreement
1. If one of the parties is affected by a force majeure event, such a party shall immediately notify the other party thereof. The parties shall endeavour to reach a reasonable solution.
2. Linda Lucia Taaltrainingen shall be entitled to suspend the activities agreed, in whole or in part, if it is temporarily prevented from complying with its obligations as a result of circumstances beyond its control or as a result of circumstances of which it was not, or could not have been, aware at the time when the agreement was entered into. Such circumstances may include illness, temporary or permanent disability, or any other unforeseen personal circumstance.
3. If the numbers of participants in an open language course are insufficient, Linda Lucia Taaltrainingen shall be entitled to cancel the agreement. In such a case, the agreement shall lapse. The Client may, in such a case, opt for another course (date) or shall be entitled to a refund of any amount already paid.
Article 12. Liability
1. Linda Lucia Taaltrainingen shall not be held liable for any loss caused by or in connection with participation in a Linda Lucia Taaltrainingen language course, or as a result of the cancellation by Linda Lucia Taaltrainingen of a course agreement, unless Linda Lucia Taaltrainingen may be faulted for intent or gross negligence.
2. If, notwithstanding the provisions of the first paragraph, Linda Lucia Taaltrainingen is found to be liable for any loss, the loss shall be limited to the invoice amount.
3. No compensation shall be paid for indirect loss.
Article 13. Intellectual property
1. The course materials provided shall become the Client’s property.
2. Linda Lucia Taaltrainingen reserves the intellectual property rights regarding the language course, course materials, and any other documents/products related to the language course.
3. The Client shall not be entitled to disclose, exploit, or reproduce, in any way whatsoever, information from and/or sections and/or extracts from the course material provided without Linda Lucia Taaltrainingen’s express written consent.
Article 14. Substitution of teachers or trainers
1. Linda Lucia Taaltrainingen shall at all times be entitled to substitute another teacher or trainer for a teacher or trainer whom it has charged with implementing the course agreement.
Article 15. Privacy provisions
1. Linda Lucia Taaltrainingen shall have a duty of confidentiality towards third parties in respect of all confidential information provided by the Client and/or the course participant, except where it is required to disclose certain information by the law or a competent government authority. All information that is provided by the Client or that arises from the nature of the information shall be considered to be confidential.
2. Language courses, interviews, and other contacts, in any form whatsoever, between Linda Lucia Taaltrainingen and the course participant shall be considered to be strictly confidential. Linda Lucia Taaltrainingen shall therefore communicate to no one, including the Client, the contents and course of such contacts, unless the course participants gives his/her express consent to this end.
Article 16. Complaints
1. The Client shall communicate in writing any complaint concerning the execution of the course agreement or administrative proceedings related to the language course within 8 days of commencement of the language course, and shall address such a complaint to Linda Lucia Taaltrainingen’s Director. The complaint submitted shall receive a written response.
2. Complaints concerning invoices shall be submitted within 8 days of the invoice, in the manner provided for in the first paragraph, whereupon they shall be processed in writing.
Article 17. Governing law and venue
1. Dutch law shall apply to all Linda Lucia Taaltrainingen quotes, general offers, (legal) transactions and similar, as well as to agreements entered into by Linda Lucia Taaltrainingen and the Client.
2. Any dispute which arises between the parties out of a quote, general offer, (legal) transaction, agreement, and similar, which is subject to these Terms and Conditions, or which arises out of agreements made on this basis, shall be brought before a competent court after the parties have made every effort to settle the dispute by mutual agreement and unless the law provides otherwise.