Terms and conditions

1. Applicability

1.1 The underlying DUTCH OF COURSE General Terms and Conditions (“Terms”) apply to all Agreements between DUTCH OF COURSE, having its registered seat at Wouwermanstraat 29 zw, 2023 XC, Haarlem (“DUTCH OF COURSE”) and any (legal) person (“Student”) purchasing course(s), training, classes, or similar services (“Courses”) for its own or its employee’s behalf.

2. Term of Agreement

2.1 The Agreement starts of the date that the Student wishing to participate in a Course: (I) signs and submits a completed schedule and contract to DUTCH OF COURSE; and (II) is at least 18 years of age on the date of submission of aforementioned enrollment; and (III) the Student meets the entry-level requirements as stated in section 3.1 below; and; (IV) The Student has paid the Course Fees. The schedule and contract, together with these Terms, are hereinafter to be referred to as “Agreement”.

3. Courses

3.1 Courses provided by DUTCH OF COURSE are divided into proficiency levels which may require a Student to have reached an entry-level before being admitted to such Course. Admittance to the Course (other than starting level) the Student has enrolled to, is conditional upon the Student passing the intake level test based upon said entry-level requirements to be assessed per DUTCH OF COURSE’s discretion.

3.2 In principle, Courses take place at your company, our office in Haarlem, or online. If there are no classrooms available at the office in Haarlem, DUTCH OF COURSE reserves the right to relocate its Courses to another facility within the city of Haarlem or suggest to have the lessons online.

3.3 Students may request to be transferred to a different proficiency level during the term of the Course the Student has enrolled to. DUTCH OF COURSE shall honour such request in case all of the following apply: (I) The second lesson of the current Course has not taken place yet; and; (II) the Student has not requested for a transfer previously; and (III) there’s the capacity to fit the Student in the class for the proficiency level the Student has requested; and (IV) the Student has reached the entry-level of the requested proficiency level. If a second transfer is requested a €35,- administration fee will be charged to the Student. Transfers later than the start of the second lesson are considered upon request. If such a later transfer request is honoured by DUTCH OF COURSE, a minimum additional fee of €100 is charged to change to another (future) Course.

3.4 Students may request to be transferred to a later session during the term of the Course the Student has enrolled for reasons within the student’s control, as opposed to reasons beyond the student’s control as stated in 5.4. These reasons can include but are not limited to: work schedule, travel, vacation, personal reasons. Before the start of the course, this request will be granted free of charge. If this request is made after the first but before the third lesson, there is an additional fee of €100. If this request is made after the third but before the sixth lesson there is an additional fee of €175. After the sixth lesson, there can be no transfer to a later session.

3.5 The Student’s inability to attend a class (or entire Course) is at risk of the Student and DUTCH OF COURSE shall have no obligation to refund any (part of) Course Fees.

3.6 Classes may take place on public holidays. All Course dates are communicated online with the Student prior to the Student enrollment and therefore the Students assume responsibility for the selection of the Course including its Course dates.

4. Prices and Payment conditions

4.1 All prices (course fee and gift voucher) stated on the website are in euro.

4.2 All fees due to DUTCH OF COURSE, for Courses to be attended by the Student, must be paid prior to the start date, but no later than 30 days from the date of submission of the enrollment, in cash or wire transfer to DUTCH OF COURSE’s bank account (NL32 INGB 0008325730) under the reference of (Dutch of Course, ING bank).

4.3 The course fee can be paid in cash or transferred to the DUTCH OF COURSE bank account.

4.4 DUTCH OF COURSE shall provide invoices to Students representing a legal entity, any Student enrolling on a personal title shall receive a payment receipt upon confirmed payment as stated under 4.2.

4.5 DUTCH OF COURSE offers unique experiences in gift vouchers. These gift vouchers can be purchased by companies and individuals to be used for a short (introduction) course, or as a discount for one course. If a student wants to use the gift voucher for the course, the total course fee needs to be paid in full before the start of the course. The personal code on the gift voucher must be given to DUTCH OF COURSE, and the amount on the gift voucher will be deducted from the course fee. The Student is eligible to take the courses within 4 months after starting their course. After 1 year of purchasing the gift voucher, the right to use the gift voucher becomes void. Once the Student attends the first class of the course, cancellation is only possible under term 5.4 of these Terms & Conditions.

5. Cancellation

5.1 The Student may cancel the Agreement with immediate effect up to fourteen (14) days from the date of submission of the enrollment form for convenience by submitting written (post or e-mail) notice to DUTCH OF COURSE of such termination (COOLING-OFF period). However, the aforementioned termination right shall expire upon the moment the Student attends its first class of the Course.

5.2 The student may cancel the course up to 7 days before the start of the course and receive a full refund notwithstanding the right for cancellation in 5.1.

5.3 Notwithstanding the Student’s right under section 5.1 and 5.2 above, the Student may request cancellation of its subscription to a Course by submitting such a request in writing (by post or e-mail) to DUTCH OF COURSE. Acceptance of such a termination request shall be at DUTCH OF COURSE’s sole discretion.

5.4 In the event of circumstances beyond the Student’s reasonable control (such as illness which permanently inhibits a student from participating in the Course, an accident or death) the Course Fee will be reimbursed, upon receipt of a written request for cancellation and the Student has provided valid evidence of such occurrence, on a pro-rata basis and after payment of a €35 administration fee to cover the cost of cancellation incurred by DUTCH OF COURSE.

5.5 DUTCH OF COURSE reserves the right to cancel any scheduled Course up to 24 hours prior to the scheduled start of such Course in case the number of enrolled Students for such course falls below the threshold for such Course. In such a case, DUTCH OF COURSE shall give the Student the opportunity to select either a refund or to enrol in another Course. DUTCH OF COURSE maintains the following thresholds: (I) Group courses start with a minimum of five students; and (II) Corporate group courses start with a minimum of four students.

5.6 Save for DUTCH OF COURSE’s aforementioned right to cancellation, DUTCH OF COURSE may postpone the Course up to 24 hours prior to the scheduled start of the Course. In this case, the Student will be given the opportunity to enrol in a different course or receive a full refund of the Course Fee. The refund will only be paid out after the enrollment period has ended or one week after the scheduled start date of the Course.

5.7 Refunds are wire transferred from the DUTCH OF COURSE bank account within 5 workdays of receipt of communication and/or proof concerning section 5.

6. Communication, Confidentiality and Service Level

6.1 All notices, under the agreement, to DUTCH OF COURSE are to be made either by post addressed to DUTCH OF COURSE at Wouwermanstraat 29 zw, 2023 XC, Haarlem, or via e-mails to info@dutchofcourse.nl.

6.2 DUTCH OF COURSE shall respond to all communication received either by post, e-mail, or phone which requires a response within 5 workdays from receipt of such communication.

6.3 DUTCH OF COURSE shall only use the Students personal information solely for the following purposes: (I) to carry out its obligations under the agreement (II) commercial offerings from DUTCH OF COURSE (not from any other third party) and (III) any other communications from DUTCH OF COURSE relevant for the Student.

6.4 Upon the Students written request, DUTCH OF COURSE shall cease to send the Student any other communication than strictly necessary to carry out its obligations under the agreement.

6.5 DUTCH OF COURSE shall never communicate information shared by the Student during the course (group- and/or private course) with any third party.

7. Conduct

7.1 DUTCH OF COURSE reserves the right to dismiss any Student displaying unacceptable, including without limitation, discriminating, sexist, racist, sexual, aggressive, or other inappropriate behaviour to the reasonable opinion of DUTCH OF COURSE, at any time, without the Student being entitled to any form of a refund, compensation or damages.

8. Limitation of Liability

8.1 DUTCH OF COURSE shall not be liable under any agreement for any indirect, special, incidental, punitive or consequential damages, or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory). Further, DUTCH OF COURSE shall not be liable, in any way, for theft, damage, or loss of the Student’s personal effects.

8.2 The Student assumes all responsibility for the selection of the Course necessary to achieve the Student’s intended results, and for the use and results of the Course. DUTCH OF COURSE makes no warranty for any Course to be fit for any intended purpose.

8.3 DUTCH OF COURSE’s total liability for any direct loss, cost, claim or damages of any kind related to the agreement shall not exceed the amount of the Course Fees paid or payable by the Student to DUTCH OF COURSE under such agreement during the 12 months prior to the event giving rise to such loss, cost, claim or damages. However, nothing in Section 8.3 shall have the effect of limiting a DUTCH OF COURSE’s liability for personal injury or death caused by the negligence of DUTCH OF COURSE and fraud.

9. Image Use

9.1 DUTCH OF COURSE may take photos and videos of the Students for inclusion in promotional material (brochures, websites, catalogues, etc.) unless the Student has explicitly communicated an objection to this upon enrollment.

9.2 DUTCH OF COURSE, or its licensors own all intellectual property in any work published either on its website, hard copy hand-outs, and digital works shown or provided to the Students. The Students shall not be allowed, without the prior written consent of DUTCH OF COURSE to copy, distribute, or use the materials in any other way as strictly necessary for successful completion of the Course.

10. Miscellaneous

10.1 These Terms together with the enrolment information represent the entire agreement between the parties and supersedes any prior or current understandings, whether written or oral. If there is a conflict between these Terms and the enrollment information, the enrolment information will prevail.

10.2 The Agreement will be governed by the laws of The Netherlands. The parties consent to the jurisdiction by the courts of Amsterdam for any claim relating to this Agreement.