General Terms and Conditions Language and Communication Courses
1 APPLICABILITY AND DEFINITIONS
These general terms and conditions of Languages at Work, for the provision of language and communication courses, hereafter: "course(s)", shall apply to all agreements between the client and Languages at Work in connection with the organisation of courses for a client, and to all related price quotations. These general terms and conditions supersede any and all general terms and conditions of the client.
The client is the person or legal entity that engages Languages at Work to organise a course.
A participant is the person who actually attends the course.
Languages at Work
Languages at Work is the company that accepts and carries out the order or engages the services of a third party to carry out the order under Language at Work's supervision.
An order is:
- the execution of activities associated with the organisation and teaching of a course.
Language and communication course
The term 'language and communication course' refers to any course or training programme that has to do with learning a language, regardless of which aspect of the language or language proficiency, which is especially designed for and offered to a client by means of a written quotation.
The course fee is the price charged for the course that the client has engaged Languages at Work to provide. The course fee excludes the cost of lesson materials and other materials, and also excludes possible travel expenses incurred by the trainer for courses held at a location other than Languages at Work's offices.
2 PRICE QUOTATION
2.1 Free of obligation
All price quotations, budgets and other precalculations are free of obligation, unless otherwise agreed explicitly and in writing.
2.2 Changing the order
Changes of any kind to the original and accepted order, conveyed to Languages at Work in any way by or on behalf of the client, shall be charged on to the client if these changes result in higher costs than those on which the original price quotation was based. The course fees quoted in the order confirmation shall not be reduced as a result of changes in the original order and any additional costs as referred to in Section 1.2.
3 ORDER CONFIRMATION
3.1 Contents of the order confirmation
Languages at Work shall consult with the client in order to ascertain the following data relating to the course(s) to be organised by Languages at Work and shall confirm them in writing:
3.2 Delivery of the order confirmation to client
Before commencement of the course, Languages at Work shall send an order confirmation to the client. In consultation, the client and Languages at Work can decide to carry out the confirmation process, i.e. confirmation by Languages at Work and approval of the confirmation by the client, by email.
3.3. Return of the order confirmation by the client
The client is required to return a signed copy of the order confirmation sent by Languages at Work prior to commencement of the course.
3.4 Attending the first lesson; course report
If, before the parties have reached agreement in writing, the participant attends part or all of the first lesson and/or there is an entry in the Language Link Monitor reporting the contents of a session, the fees to be paid by the client shall be due immediately.
4.1 Nature of the deadline
If the course schedule(s), lesson dates and periods agreed by client and Languages at Work are explicitly stipulated as "absolute deadlines", they shall be regarded as the time frame within which Languages at Work is required to have performed the agreed service. In all other cases the course schedule(s), lesson dates and periods agreed by the client and Languages at Work shall not be regarded as absolute deadlines, but as estimates of the period of time in which the course should be given and completed.
4.2 Exclusion of damage compensation obligation
The client shall not be entitled to claim compensation for damages if Languages at Work should exceed a deadline or delivery date that is not explicitly deemed to be an "absolute deadline" or "absolute delivery date".
5. EXTENSION OF THE COURSE
5.1 Confirmation of extension
If a course is to be extended Languages at Work shall send a confirmation of the agreed extension, which confirmation shall contain the data listed in Article 3.1.
5.2 Extension constitutes a new order
The extension shall be treated as a new order placed by the client, to which the provisions in Articles 3.1, 3.2, 3.3 and 3.4 expressly apply.
6 CANCELLATION OF AN ORDER BY THE CLIENT
6.1 Written cancellation
The client may only cancel an order in writing.
For cancellations no later than five working days before the course begins, Languages at Work is entitled to receive payment of a sum equal to at least 25% of the full price of the order and at least 25% of any additional costs. Cancellations within five working days before the course begins will result in the client being charged the entire course fee as well as all additional costs, regardless of the reason for cancellation.
7 CHANGES TO EXECUTION OF THE ORDER MADE BY LANGUAGES AT WORK
7.1 Changes in execution
Languages at Work is entitled to assign another trainer to the course at any time.
8 PARTICIPANT'S INABILITY TO ATTEND
8.1 Rescheduling of a lesson
Should the participant be unable to attend a scheduled lesson, Languages at Work shall try to reschedule, regardless of the reason, if the client or the participant notifies the secretariat at Languages at Work by phone between 9.00 and 18.00 hours or by mail at least two working days before the start of the lesson in question.
8.2 Late notification
If Languages at Work is notified late of the participant's inability to attend, the lesson shall be deemed to have taken place.
8.3 Overrunning courses
Unless otherwise agreed, the maximum overrun of a course shall be 25% of the originally determined course period, calculated from the first agreed lesson date. A longer overrun or a temporary postponement of a course will only be considered upon submission of a written request by the client.
9 PREMATURE TERMINATION BY THE CLIENT
9.1 Period of notice
Only courses lasting six months or longer may be cancelled in writing. The period of notice shall extend for one month.
9.2 Restitution of course fees
In the event of a cancellation as referred to above, course fees shall be returned, inasfar as these apply to the period following termination of the order. In the case of cancellation, course fees for lessons that the participant rescheduled as per the participant's request on dates after the lesson period(s) agreed in the order confirmation, as referred to in Article 3.1, shall not be returned.
10 RESPONSIBILITY AND LIABILITY
10.1 Performance obligation
Languages at Work shall execute or have its orders executed to the best of its ability.
10.2 Engaging experts or specialists
Within the context of a course, Languages at Work may engage the services of expert or specialists outside its work terrain in consultation with the client. The costs incurred for the services of experts or specialists shall be charged to the client.
10.3 Pledge of confidentiality
Languages at Work and its employees, experts and specialists are obliged to keep secret any confidential information about the client, and the client's company, acquired in connection with the course.
10.4 Exemption from liability
Languages at Work cannot be held liable for the loss or theft of or damage to any property of the client or participant found in the building in which the course is held.
11.1 Advance payment
Languages at Work must receive payment of the course fees as stated in 3.1, without any reductions, within 30 days of the invoice date, and in any case prior to course commencement.
11.2 Recovery costs
All costs incurred, both legal and extrajudicial, in the pursuit of recovering any outstanding payments owed by the client shall be charged to the client; the extrajudicial costs shall be fixed at 15% of the total amount owed.
12.1 Applicable law
All agreements with Languages at Work shall be exclusively subject to Dutch law. These terms and conditions of delivery are filed with the Utrecht Chamber of Commerce.