These general terms and conditions apply to the Study agreement, as well as any agreements arising as a result and entered into between Tio and the undersigned (the “Student”). These general terms and conditions are an addition to the terms and conditions of the sector association Dutch Council of Training and Education (NRTO). The Tio terms and conditions will prevail over the terms and conditions of the NRTO, if and insofar as these do not derogate to the disadvantage of the Student from the terms and conditions of the NRTO.
Academic year 2020/2021
The academic year running from 1 September 2020 (1 August 2020 for the first Study year) up to and including 31 August 2021 or as the case may be from 1 January 2020 up to and including 31 January 2021 (“January enrolment”).
Has the meaning given to this in article 2.2.
The bachelor programme offered by Tio and chosen by the Student, which consists of several Study years.
Study programme fee
The sum of the tuition fee and the price of optional courses.
The entirety of documents in which the contents of the Bachelor programme and the curriculum are discussed, consisting of the study guide, the email with information for students received prior to the start and the applicable regulations, such as the Education and Exam Regulations, campus guide, internship manual and the bachelor’s thesis writing guide.
The part of the total Bachelor programme, which the Study agreement applies to.
The agreement between Tio and the Student with regard to the Study year.
The name Tio represents the legal entity Tio Teach B.V., with trade name Tio, Hogeschool Tio and Tio University of Applied Sciences, located at St. Jacobsstraat 400, 3511 BT, in Utrecht.
Article 1 – Offer / Curriculum
1. The bachelor programmes offered by Tio are divided into several years of study. The Study agreement, which results from a valid registration by the Student, concerns one Study year of the chosen Bachelor programme.
2. Tio will inform the Student as soon as possible after registration whether the Student has been admitted.
3. The student agrees to follow the curriculum associated with the Study year in the Academic year 2020/2021. The Study agreement comes into effect from the time of the valid registration and terminates by means of law after expiration of the Academic year 2020/2021.
4. The content of the curricula offered by Tio is precisely described in the Study documentation. The Study documentation is updated annually. In terms of the Study agreement, the versions that apply are those established for 2020/2021. The Study documentation applicable to the ongoing academic year can be found at tio.nl/documentation. In case information on the website of Tio (tio.nl) differs from the information in the study guide, the content of the study guide prevails.
5. Registration remains open for the entire year preceding the Academic year 2020/2021; there is no closing date.
6. Prior to the start of the Academic year 2020/2021 the Student will receive an email with information to be well prepared for the start of its programme. In addition to practical information this can also contain amendments of and addendums to the study guide. If the Student has objections against these amendments and/or adjustments, the Student must state this within 14 days after receipt of the email. If the Student does not register a written notice of objection in a timely manner the addendums and/or amendments will form part of the Study agreement.
7. The projects, internship companies and study trips shown or described in the recruitment communication, presentations, open days, websites and the Study documentation are only for illustration purposes and concern examples from the past. The actual detailing in the context of the Study agreement can derogate from the examples shown. The Student can therefore not derive any rights from the illustratively shown projects, internship companies and study trips.
8. Parties can record additional arrangements by means of addendums and add these to the Study agreement during the term of the Study agreement.
Article 2 – Continuation / Follow up programme
1. If at the end of the Academic year 2020/2021 the Student does not meet the transfer requirements and/or pass conditions as described in the Education and Exam Regulations, the Student must enter into a study agreement with Tio for a so-called extended registration, or a full retake of the Study year. In both cases the Student will do this by means of acceptance in writing of an offer from Tio. A study agreement for an extended registration may have a different duration.
2. The Student must enter into a new study agreement with Tio for each subsequent study year and for each (follow-up) programme. The Student will do this by means of acceptance in writing of an offer from Tio. If the new study agreement relates to the following study year of the same Bachelor programme, the student is also referred to as a Continuing student.
3. The entering into the Study agreement will not oblige parties to enter into one or more consecutive study agreements. Tio reserves the right, on reasonable grounds, not to make an offer to the Student for entering into a new study agreement. This reasonable ground will be present in any event if the Student is in default of the fulfilment of any payment obligation, or has repeatedly or for a prolonged period failed in the fulfilment of his/her payment obligations (in the past).
4. In the event of overbooking of a study year the Student can be placed on a waiting list. Tio will do this in consultation with the Student and will thereby among others discuss with the Student whether there are any alternatives. Once the Student is on a waiting list, he/she can only make claim (once again) to a study position when a study position becomes available and Tio has allocated this position to the Student. The Student can cancel free of charge for as long as the Student is on the waiting list.
5. A study position is guaranteed to a Continuing student for the next study year if he registers prior to 1 February (1 October for January enrolment) of the current Academic year for the ongoing study year, provided that he/she fulfils the terms for continuation, which is without prejudice to the provisions of subclause 3 and subclause 6. To applications after the aforementioned dates this guarantee does not apply.
6. The Student can be placed on the waiting list without consultation if he/she has not fulfilled his/her payment obligations, or any other obligation, towards Tio. The fulfilment of a payment obligation at a later date will not mean that the Student will be removed from the waiting list, and therefore does not give immediate claim to a study position (see subclause 4).
7. Tio is a non-government funded educational institution. In the unlikely event that the Bachelor programme is discontinued by Tio, those cohorts that have already started are phased out so that registered students have the opportunity to obtain the diploma within the period of validity of the cohort. The validity period of a cohort amounts to the regular duration of the Bachelor programme plus two calendar years. Any particulars with regard to the phasing out and the period of validity of the cohort is described in the Education and Exam Regulations.
Article 3 – Prices and price guarantee
1. The obligation on the part of the Student to pay the enrolment fee and the tuition fee in full arises at the entering into the Study agreement. This obligation is unconditional. The liability to pay the tuition fee is not depending on actually attending the educational programme, the expiry of the time, or of any terms and conditions whatsoever. The same applies to the liability to pay the price for optional courses, always provided that the payment obligation arises at the time of admission to the optional course (this can be at the entering into of the Study agreement, but also later).
2. If Tio and the Student have agreed to payment by instalments for the tuition fee, the Student will make the payments by instalments no later than on the agreed final payment date. If no payment by instalments has been agreed the amount owed will be paid in full within 14 days after the invoice date, and no later than 10 working days prior to the start of the Academic year 2020/2021.
3. The payment term for all other amounts is 14 days after the invoice date.
4. Each payment, regardless of any description provided with the payment, will serve to settle the invoice that has been outstanding the longest.
5. The price for study materials is included in the tuition fee. The following are not included in the tuition fee: costs attached to the purchase of personal items (laptop, clothing, pens etc.), costs attached to internships, final theses and travel expenses. Photocopying and printing costs are also not included, with the exception of a photocopying/printing card good for 150 black and white sheets, which will be provided to the Student. For a Continuing student who started the Bachelor programme prior to academic year 2018/2019 and who pays a custom price, the price for study materials is not included in the tuition fee.
6. The study programme fee is annually indexed with a maximum of 3% for Continuing students, as mentioned in the study guide 2020/2021. This price guarantee applies only if the Student has registered prior to 1 February (1 October for January enrolment). To applications after the aforementioned dates, fees as listed in the study guide that applies to the next academic year apply.
7. For an extended registration applies that the price of the extended registration at the time of the first full-time registration for the Bachelor programme that is extended, will be indexed annually with a maximum of 5%. This price guarantee applies to a maximum of two years after the nominal study duration within Tio; after that the prices in the study guide that applies to the academic year in which the Student wishes to follow the education on the basis of the extended registration will apply.
8. The fee for attending the same Study year for the second time is equal to 50% of the fee set out in the study guide that applies to the academic year in which the Student wishes to follow the study year for the second time. It is conditional for this that the Student has completely attended the Study year during the first academic year (has not cancelled in the interim) and has paid the Study programme fee attached thereto no later than one month prior to the start of the second academic year. If the Student has not fulfilled both conditions, the price as referred to in the study guide, as this price is recorded for the new academic year, will apply for the second academic year.
9. Non-attendance of lectures (for example due to sickness) will not result in reduction in tuition fees, or other fees.
Article 4 – Obligations on the part of Tio
1. Tio will provide the Student with access to the curriculum as described in the Study documentation.
2. In principle education takes place between 9.00 and 18.20. Exceptionally, education can be given in the evenings or on weekends. The class timetable may change during the semester. The Student will be informed about this.
3. In principle education takes place at the agreed location. Education can take place at a different location. Projects, guest lectures and events can take place at external locations. Any travel expenses are not included in the tuition fees and will be at the Student’s expense.
4. Tio is entitled, within reasonable boundaries, to implement amendments of the curriculum. This entitlement contains also the amendment of courses, the replacement of lecturers and changing the location of the education. Tio is entitled to change the name of the Bachelor programme provided that this takes place within the statutory parameters.
5. Tio will provide the Student with access to all kinds of activities (such as introductions, excursions, optional courses or events) and will inform the Student regarding these activities. Tio reserves the right to change these activities with regard to location, programme, time, or to cancel these due to lack of interest. In such cases, the Student is entitled to cancel the affected activity at no cost. Tio will then refund any payment received for the activity or the optional course concerned.
6. Tio will act with due care during the appointment and selection of any partners who offer optional parts, internships, financial services and/or other services. Tio will not be party to any agreements with these parties, unless expressly agreed otherwise. Tio will not be liable if these partners change the contents of the parts, no longer offer the parts, offer the parts subject to other terms and conditions, or do not fulfil their obligations towards the Student.
7. Tio will endeavour to provide the educational programme as much as possible in the agreed language. Tio nevertheless retains the right to arrange the educational programme of the English language bachelor programmes occasionally in Dutch for the Dutch speaking Students. In addition, it can occur that specific information is not available in English. All Students from English language bachelor programmes will be confronted with the Dutch language to a limited extent. A reasonable amount of self-reliance is expected from non- Dutch speaking Students in these cases.
8. Tio will generally provide the educational programme in groups not exceeding 16 students. Work can be executed to a limited extent with groups of more than 16 students.
9. Tio will provide the Student with access to its buildings, class rooms and systems insofar as necessary for the purpose of attending the educational programme.
10. Tio adheres to the statutory reports concerning absence/nonattendance.
Article 5 – Obligations on the part of the Student
1. The Student will diarise an initial meeting with his/her study coach. This meeting will take place as soon as possible after registration and in any event within 4 weeks after registration. This obligation will not apply if the Student has already had a personal interview prior to registration.
2. The Student will submit evidence of achieving his diploma together with the corresponding grade list no later than two months prior to the start of the Academic year 2020/2021. If the Student does not have the possession of the required diploma he will have the option to request postponement, or to cancel the Study agreement free of charge, with the exception of the enrolment fee (see article 9 subclause 4, 5 and 6).
3. The Student will endeavour to complete the Study year with good results within the Academic year 2020/2021. The Student will among others actively participate in the educational programme and will arrive at lessons and exams properly prepared. The absence policy can be read in the location guide.
4. The Student will be expected to be available for the educational programme throughout the entire Academic year 2020/2021 with the exception of the scheduled school holidays. Exams may take place at any time of day, including evenings and Saturdays.
5. Attendance at lectures is registered by means of the student card provided, in accordance with the attendance policy. The Student will be registered as absent without a student card. Therefore, it is compulsory to provide a recent passport-sized photo that bears a good resemblance of the Student prior to the start of the Academic year 2020/2021. The Student will ensure that he/she will have his/her student card with him/her during lessons, exams and activities.
6. The Student must always behave and appear properly. The Student will refrain from any form of violence, aggression, discrimination and vandalism.
7. The Student will adhere to and will act in conformity with the applicable regulations.
8. During activities (including excursions, internships, events) the Student will behave in conformity with any additional regulations or arrangements.
9. The Student will, during the duration of the Study agreement and up to three years after that, refrain from unnecessary hurtful remarks regarding Tio, lecturers and/or his/her co-students.
10. The Student will arrange a personal liability insurance and will keep this valid during the Bachelor programme. The Student will arrange a passport that is still at least valid for six months, as well as a travel and cancellation insurance, for excursions, trips, internships etc.
Article 6 – Internships
1. In principle, the Student is personally responsible for finding suitable internship companies. Tio offers guidance to Students in various ways. Additional information about this can be found in the applicable internship manual. If a Student fails to find a suitable internship company, Tio will offer a company. Under no circumstances will Tio be held liable for failure to find a suitable internship or a suitable internship company, in case a Student should turn down an internship company offered by Tio.
2. During the internship and final thesis period, Dutch internship companies pay Tio compensation for mediation and support. This fee is established annually. If the internship company does not pay this compensation, the fee is charged to the Student. This does not apply for students who graduate.
Article 7 – Inclusive education
1. If appropriate, supplementary arrangements are made with individual Students regarding additional support within the context of the Inclusive Education Act (Wet Passend Onderwijs). In principle, agreements about support are made prior to the start of the Academic year 2020/2021, but can also be made or amended at a later time. Such agreements will be recorded in an addendum to the Study agreement. This addendum forms an inextricable part of the Study agreement.
2. The Student is responsible for the provision of all relevant information about (additional) support requirements, so that Tio can offer this support. If it should become apparent that the Student has withheld or omitted information with the result that no arrangements are made about (a part of) the required support, Tio is not obliged to provide this support. If it should become apparent during the Academic year 2020/2021 that the Student has a need for support, Tio will consider whether and to what extent it can assist, in consultation with the Student.
Article 8 – Study material
The Student is not permitted to reproduce books, syllabuses and digital study material, or in any manner whatsoever hand these over, or give these in use, to third parties without prior permission in writing from Tio. Tio retains copyright of syllabuses and the digital study material.
Article 9 – Termination of the agreement
1. The Student can withdraw his registration free of charge during a cooling-off period of 14 days after his registration in the manner as described in article 9 subclause 9.
2. The Student can terminate the Study agreement at any time, in the course of which we also use the term “cancellation” if this is prior to the start of the academic year 2020/2021.
3. In the event of termination the Student will owe a reasonable part of the tuition fee (“reasonable remuneration”), which is in line with Section 411 Book 7 of the Civil Code.
4. Until 1 July 2020 (1 December 2019 for January enrolment) cancellation is free of charge with the exception of the one-off enrolment fee. This enrolment fee will remain owed. The Student can request postponement of the deadline for free of charge cancellation, for example because the Student is still unsure whether he/she will achieve the prior education results. This postponement will only be valid if this has been confirmed in writing by Tio.
5. In the event of cancellation in the period between 1 July 2020 and 31 August 2020 (between 1 December 2019 and 31 December 2019 for January enrolment) the reasonable remuneration referred to in subclause 3 will be recorded in principle at 25% of the Study programme fee.
6. In the event of termination during the academic year (after 31 August 2020 for September enrolment and after 31 December 2019 for January enrolment) the reasonable fee is in principle calculated as follows:
A. (number of commenced months prior to the termination / 12 months) * Study programme fee
B. 25% Study programme fee
7. If the Student terminates due to a reason that is (partially) within the control of Tio, or because he/she due to exceptional circumstances beyond the control of the Student is unable to complete the bachelor programme, the Student can give a substantiated request to Tio for adjustment of the percentage of 25% in subclause 5 and subclause 6 under B.
8. In the event of termination of the Study agreement any arrangements made earlier regarding payment by instalments will lapse. The reasonable fee must be paid within 14 days after the notice of termination. The Student must return all the teaching materials received in an unused condition and in the original packaging within 14 days after notice of cancellation within the cooling-off period or cancellation prior to 31 August 2020 (31 December 2019 for January enrolment).
9. Terminations and notices of termination must be addressed to the student administration. Termination and notice of termination of the Study agreement is also possible in a digital manner, via the form that can be found at www.tio.nl/en/cancellation. In the event of termination by regular mail Tio’s advice is to use registered mail, so that it will be clear at all times for both parties that there is termination and at what time this has taken place.
10. In the event of termination of the registration for optional courses, introduction and/or extended registration the same scheme applies as described in this article.
Article 10 – Liability of Tio
1. In case the Student suffers damage for which Tio is liable, the extent of the damage compensation by Tio is limited to the sum that equals the study programme fee settled by the Student to Tio in the period the damage causing event originates or – in case the damage transcends that sum – to the sum that pursuant by Tio taken out insurance, in response to the damage causing event, is effectively compensated by the insurer.
2. Limitations of liability do not apply in the case of personal injury or death, nor in the case of loss incurred by intent or gross negligence on the part of Tio.
3. Tio will not be held liable for loss suffered by the Student as a result of activities linked to Student societies including, but not limited to Cognatio. Tio is not responsible for changes resulting from government measures or changes made by examination institutes. Tio is not responsible for ensuring accuracy of information from third parties used in the 2020/2021 study guide and included in the study guide correspondingly (such as FiCon, DUO or Tio’s partner universities) and associated fictitious illustrative calculations. Information listed in the 2020/2021 study guide regarding settlement of study course expenses, student financing and Student travel product is correct at the time of writing the 2020/2021 study guide. The information may have become obsolete since.
4. The limitations of liability contained in this article may also be invoked by persons in Tio’s employ and persons appointed by Tio to implement the Study agreement.
Article 11 – Communication, confidentiality and privacy
1. Tio will send all mail intended for the Student to the postal address and/or email address given on the application form. Invoices are always sent by email to the invoice email address stated in the application form. Tio can regard the stated addresses as the correct address until the Student has stated a new address in writing.
2. Information supplied by Students is treated as confidential by Tio, its staff members and/or persons in its employ. Tio complies with prevailing privacy laws and its privacy regulations.
3. If the email address of parents has been provided and on the application form an approval has been given, Tio can, regardless of the age of the Student, email information about exam results, attendance and log-in details to this address.
4. Tio is entitled to send the details regarding the study progress to the previous schools of Students when approval has been given on the application form.
5. Tio may share personal data with Cognatio, the alumni association and institutions or companies connected with the bachelor programme when approval has been given on the application form.
6. Tio will not use any visual material, which records only the Student, or the Student in a small company, without permission from the Student. However, Tio will be permitted to use visual material of activities and events, in which the Student is recorded as part of a group. The Student provides permission in advance for the use of this visual material for marketing and publicity purposes.
7. Tio can use a plagiarism scanner to assess any work produced by the Student, with the objective of determining the authenticity of the work.
Article 12 – Complaints and Dispute resolution procedure
The complaints and dispute resolution procedure under the terms and conditions of the NRTO apply.
General Terms and Conditions for Consumers for Private Education and Training
These General Terms and Conditions for Consumers of the Dutch Council for Training and Education (NRTO) came into effect following consultation with the Dutch Consumers’ Association on 23 November 2018 and will apply to agreements concluded on or after 1 January 2019. An entrepreneur can also choose to declare these general terms and conditions applicable at the start of the new academic year in 2019.
Article 1 - Definitions
Education, study programme, course and/or training, distance education as well as face-to-face instruction.
A form of education whereby the teacher and you will not be simultaneously present in person.
Form of education with direct interaction between the teacher and the student or the course participant.
Acquired competences, obtained during earlier work experience or courses attended. APLs are determined by means of assessments and can result in shortened (expedited) training courses.
Education that is regulated by specific educational legislation and that is concluded with a formal diploma, being a diploma recognised by law.
Education that is not regulated by specific educational legislation.
Providing education, study programmes and/or training and/or the provision of teaching materials and/or offering (modular) examinations and/or an APL course and/or another form of assessment.
An agreement as referred to in article 2 subclause 1.
An agreement that is concluded between the entrepreneur and you in the context of an organised system for the distance-selling of products, digital content and/or services, whereby up to and including the concluding of the agreement exclusive use is made of one or more means of distance communication.
A natural person or legal entity who/which is a member of the NRTO and provides an educational service.
The natural person who does not act in the exercise of an occupation or company and who purchases an educational service from the entrepreneur.
Article 2 - Applicability
1. These General Terms and Conditions apply to all agreements concluded between the entrepreneur and you with regard to an educational service concerning formal education as well as informal education.
2. If the entrepreneur also uses other (sector-related) general terms and conditions and these terms and conditions have not come into effect in consultation with consumer organisations, these terms and conditions will not apply to the agreement. This will not be the case if provisions are included regarding which nothing has been arranged in these general terms and conditions. All documents form part of the agreement, but there may not be any inconsistency. For example, the provisions of the Education and Examination Regulations (EER), the education agreement or the registration form. In the event of inconsistency, the provision that is most favourable for you will apply. However, the entrepreneur is always permitted to derogate, including from the general terms and conditions, to your advantage. If exclusively (modular) examinations, APL courses, or other forms of assessment are offered, the provisions of articles 3 subclause 3 under b, 5 subclause 1, 8 subclause 1, 8 subclause 2 under b, and 9 subclause 1 will not apply. If exclusively (modular) examinations are offered, the provisions of article 5 subclause 1 and subclauses 3 up to and including 7 will not apply.
3. The entrepreneur can also use other general terms and conditions that have come into effect in consultation with one or more consumer organisations. In that case, the disputes committee referred to in article 16 will determine which terms and conditions apply to the agreement on the basis of that which parties have agreed to regarding this at the coming into effect the agreement.
Article 3 - Offer
1. The entrepreneur will issue the offer (preferably) in writing, or as the case may be by electronic means.
2. The offer will contain a complete and precise description of the educational service and/or of the teaching materials that form part of the educational service. The offer will also set out whether the use of these teaching materials is mandatory.
3. Every offer must contain such information, that it is clear to you what the rights and obligations are which are attached to the acceptance of the offer. The offer will in any event set out the following details in a clear and comprehensible manner;
a. in the event of an agreement related to an educational service;
- the manner of performance of the agreement;
- when the educational service starts;
- the terms and conditions under which the educational service might be cancelled;
- insofar as applicable: the admission requirements to be permitted to participate in the education;
- the price, including all additional costs and taxes;
- the payment method;
- the duration of the agreement,
b. or in the event of an agreement related to the purchase of teaching materials:
- the price, including all additional costs and taxes;
- the payment method, the manner of delivery of the teaching materials and/or the performance of the agreement;
- the delivery period of the teaching materials.
4. You will be expressly informed of these general terms and conditions prior to entering into the agreement, and these will form an integral part of the general information provided by the entrepreneur.
5. The entrepreneur is permitted to attach the condition to issuing an offer and/or the acceptance of an assignment that you provide your personal data and, insofar as the regulations of authorities necessitate this and/or permit this, that you submit a copy of a valid passport or a valid identity card.
6. Without prejudice to the provisions of subclause 1 up to and including 5, the offer of a distance agreement will furthermore contain the following details:
a. the identity and the address of the entrepreneur, including the address of the business location of the entrepreneur;
b. your right to terminate the agreement within fourteen days in accordance with article 5 subclauses 5 and 6;
c. if additional costs will be charged for contact with the entrepreneur by telephone or via the internet: the amount of the applicable rate;
d. the validity period of the offer.
Article 4 - Agreement
1. The agreement comes into effect by means of your acceptance of the offer. After the coming into effect of the agreement you will receive confirmation of this in writing or by electronic means.
2. In the event of your providing an assignment by electronic means, the entrepreneur will send a confirmation by electronic means to you; as long as the receipt of an electronically accepted assignment has not been confirmed by the entrepreneur, you can cancel the assignment.
3. After a distance agreement has come into effect, the details referred to in article 3 subclause 3 and subclause 6 will be provided to you in writing, or in another data carrier available to you and permanently accessible for you.
Article 5 - Cancellation and (early) termination of the agreement
1. You can at any time cancel and terminate an agreement concluded for a specific duration. The entrepreneur will provide you with confirmation of this. If there is an agreement concerning face-to-face instruction with a recorded starting date, the following cancellation provisions and early termination arrangement will apply after the end of any cooling-off period. You must pay:
A course of less than 1 academic year
The course is 1 academic year or more than 1 academic year
Cancellation until 2 months prior to commencement
10% of the agreed price after deduction of the study material not yet received*
10% of the agreed price for only the first academic year and after deduction of the study material not yet received*
Cancellation between 2 months and 1 month prior to commencement
20% of the agreed price after deduction of the study material not yet received*
20% of the agreed price for only the first academic year and after deduction of the study material not yet received*
Cancellation between 1 month and 2 weeks prior to commencement
50% of the agreed price after deduction of the study material not yet received*
50% of the agreed price for only the first academic year and after deduction of the study material not yet received*
Cancellation less than 2 weeks prior to commencement
100% of the agreed price after deduction of the study material not yet received*
100% of the agreed price for only the first academic year and after deduction of the study material not yet received*
100% of the agreed price after deduction of the study material not yet received*
In the event of early termination at least 2 months prior to the end of the academic year concerned, the student must pay the agreed price for the ongoing academic year, as well as meet all financial obligations under the academic years already expired insofar as these are still outstanding. In the event of early termination less than 2 months prior to the end of the academic year concerned, the student must pay the agreed price for the ongoing academic year, as well as all of the price for the next academic year and meet all financial obligations under the academic years already expired insofar as these are still outstanding.*
* As standard or in individual cases, NRTO members are permitted to derogate from the percentage in the table above to your advantage. A lower percentage, which is indeed reasonable in the given circumstances, will only be agreed if you can prove that the application of the aforesaid percentage in your specific case does not meet the standards of reasonableness and fairness.
2. Cancellation prior to the commencement of the face-to-face instruction, or early termination, will take place in writing, or as the case may be by electronic means;
3. If there is only an agreement concerning a (modular) examination or an APL course, the following cancellation provisions will apply after the expiry of any cooling-off period:
a) cancellation prior to commencement will take place in writing, or as the case may be by electronic means;
b) in the event of cancellation until six weeks prior to commencement you will owe the administrative costs with a maximum of € 50. In the event of 'computer-based examinations' this period will be two weeks prior to commencement;
c) in the event of later cancellation you will owe the full agreed price.
4. In the event of distance education, cancellation after the agreement has come into effect and after the cooling-off period will be possible, but you will still be obliged to pay the agreed price in full.
5. You have the right to terminate the agreement without stating reasons for fourteen days after the concluding of a distance agreement with regard to an educational service. If the entrepreneur has not provided all details required by law, including the details referred to in article 3 subclause 6, this period will be fourteen days after the later provision thereof up to a maximum of twelve months after the concluding of the agreement.
6. In the event of a distance agreement that mainly relates to the purchase of teaching materials, you will have a period of fourteen days during which you can terminate the agreement without stating reasons. This period commences on the day following the day of receipt of the teaching materials. However, if the teaching materials are delivered periodically, such as in the case of regular supplements of Syllabuses or book packages supplied per year or semester, the cooling-off period will end after fourteen days, to be calculated from the first day after receipt of the first teaching materials. If the entrepreneur has not provided all details required by law, including the details referred to in article 3 subclause 6, these periods will be fourteen days after the later provision thereof up to a maximum of twelve months after the receipt of the teaching materials.
7. The entrepreneur will make a form available to you for the termination of the agreement referred to. You will not be obliged to use this form for this purpose.
8. With due observance of the provisions of subclause 9, you have the right, in the event of termination in accordance with subclauses 5 and 6, to a repayment without charge of that which you have already paid. The entrepreneur will make the repayment as soon as possible and in any event within fourteen days after the termination.
9. In the event of termination in accordance with subclauses 5 and 6, you must return any teaching materials received from the entrepreneur as soon as possible. The entrepreneur will be entitled to charge the direct costs of the return to you. The return will take place at your risk. The teaching materials that are offered on an electronic data carrier and of which the seal of the packaging has been broken cannot be returned, and you must pay the price thereof in full to the entrepreneur.
10. If you invoke the termination option under subclauses 5 and 6, any additional loan agreement offered as a payment arrangement by the entrepreneur to you will be terminated by operation of law, without you owing any financial penalty.
11. The educational service can only commence during the cooling-off period on your express request. In such cases you will retain the right to terminate the agreement in conformity with subclause 2. If you terminate the agreement in such a case within the cooling-off period, you will owe a pro rata part of the price of the educational service to the entrepreneur.
12. If the educational service is for the most part offered by means of an electronic (learning) environment, the right to terminate will end in that case at the commencement of the educational service, provided that:
a. you have expressly agreed in advance that the execution can commence prior to the end of the termination period and you declare that you waive your right to terminate, and
b. the entrepreneur has confirmed the statement referred to under a to you.
Article 6 - Copyright
The offered course materials are exclusively intended for personal use. All the items provided by the entrepreneur, such as books, mock examinations, readers and software are protected by copyright vested in the entrepreneur or third parties. Without the express permission from the entrepreneur, the items referred to in this article may not be reproduced, disclosed and/or otherwise brought to the knowledge of third parties or provided to third parties, during the term of the course as well as thereafter, nor is it permitted to disclose the materials in an altered form, or to use these in one's own name without permission in writing from the entrepreneur. The copyright/ownership rights to the course are fully vested in the entrepreneur.
Article 7 - Price changes
1. If, within three months after the concluding of the agreement but still prior to the commencement of the educational service, a price change occurs, this will not have any impact on the agreed price.
2. You will have the right to terminate the agreement if, after three months from the concluding of the agreement but prior to the commencement of the educational service, the price is increased.
3. Subclauses 1 and 2 do not apply to price changes ensuing from the law.
Article 8 - Delivery
1. Teaching materials
a. The entrepreneur will deliver the teaching materials to you in a timely manner. Delivery in a timely manner is also taken to mean providing access to the teaching materials that are offered by electronic means in a timely manner.
b. For the purchase of teaching materials without education, the maximum delivery period is 30 days, unless agreed otherwise. If this delivery period is exceeded, you can terminate the agreement without further notice of default.
c. The entrepreneur will immediately replace incorrect or damaged teaching materials without any costs for you.
2. Correction work
a. You will be informed of the period within which the assignments or tests sent in will be corrected.
b. The time of receiving the corrections back must be in a reasonable proportion to the time of the commencement of the continuation of the education, or as the case may be of any resits.
9 - Conformity and failure to comply with the agreement
1. The educational service and the teaching materials provided must meet your reasonable expectations. If you do not fulfil your obligations, the entrepreneur will be entitled to suspend his obligations. If the entrepreneur does not fulfil his obligations, you will be permitted to suspend your obligations. In the event of partial or improper fulfilment, suspension will only be permitted insofar as the failure justifies this.
2. The entrepreneur has the right of retention if you fail to pay an obligation which has become due, unless the failure does not justify this retention.
3. If one of the parties is in default of the performance of the agreement, the other party will be entitled to terminate the agreement, unless the shortcoming does not justify termination due to its minor significance.
Article 10 - Payment
1. Payment will take place by means of transfer of the amount owed to a bank account stated by the entrepreneur at the time of the purchase or delivery, or payment by means of an electronic form of payment recognised by banks. Payment in cash is also possible by agreement.
2. If payment in instalments has been agreed, you must - with due observance of the provisions of subclause 3 - make the payments in accordance with the instalments and the percentages, as these have been recorded in the agreement.
3. The payment for the educational service will take place prior to the time when the course starts. The entrepreneur may require that you have paid the full amount no later than 10 working days prior to the day of the commencement of the educational service, as referred to in article 3 subclause 3 under a.
4. For the purchase of teaching materials without education, the payment must take place no later than at the time and at the location of the delivery. The entrepreneur may require that you to make an advance payment in the amount of half the purchase price.
Article 11 - Payment not made in a timely manner
You will be in default from the expiry of the payment date. After the expiry of this date the entrepreneur will send a payment reminder without charge and provide you with the opportunity to still make the payment within 14 days after receipt of this payment reminder.
a) If you do not fulfil your payment obligation(s) in a timely manner, the entrepreneur will send a reminder to you. You will be given 14 days to make the payment.
b) If, after the expiry of this period, you have not paid, the entrepreneur will be entitled to charge the statutory interest over the amount still owed as well as the extrajudicial collection costs.
c) These collection costs will amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500; and 5% over the following € 5,000 with a minimum of € 40.
d) The entrepreneur may derogate from the aforesaid amounts and percentages to your advantage.
Article 12 - Suspension
The entrepreneur will suspend the charging of interest and collection costs during the period in which a complaint or a dispute is being dealt with in conformity with the provisions of articles 15 and 16.
Article 13 - Liability on the part of the entrepreneur
Insofar as the entrepreneur fails attributably and you suffer damage as a result, the liability on the part of the entrepreneur for damage, which is not the result of injury, death, or property damage, will be limited to the payment of direct damage. The liability on the part of the entrepreneur for injury, death, or property damage is not excluded or limited. The liability applies to persons employed by the entrepreneur, or as the case may be to persons who are engaged by the entrepreneur for the performance of the agreement.
Article 14 - Confidentiality
The information provided by you to the entrepreneur, his personnel and/or persons who work for him, will be treated with confidentiality. The entrepreneur complies with the applicable privacy legislation.
Article 15 - Questions and complaints
1. The entrepreneur has the intention to answer the question or complaint as soon as possible and to your full satisfaction. The entrepreneur can be reached by telephone and by email for dealing with questions or complaints of an administrative nature, or regarding the contents of the course. These questions or complaints will be answered by the entrepreneur within ten working days, to be calculated from the date of receipt. Questions or complaints that require a longer processing time will be answered by the entrepreneur by return of post with acknowledgement of receipt and an indication of when you can expect an answer.
2. The entrepreneur does of course everything possible to prevent errors in your study package and to prevent the dispatch thereof. If something is nevertheless not in order, you can report this within ten days after receipt of the package. Any complaint must be submitted to the entrepreneur in a timely manner and fully and clearly described. Complaints that are not submitted within 2 months will not be dealt with. If the complaint cannot be resolved in mutual consultation, a dispute will have arisen that will be eligible for the dispute settlement rules of article 16.
Article 16 - Dispute settlement rules
1. The agreement is governed by the law of the Netherlands, unless on the basis of mandatory legal provisions the law of another country applies.
2. Disputes between you and the entrepreneur regarding the coming into effect or the performance of agreements with regard to the services and items delivered or to be delivered by the entrepreneur, can be submitted by you as well as by the entrepreneur to the Disputes Committee for Private Educational Institutions; further information can be found at: www.degeschillencommissie.nl.
3. The Disputes Committee will only accept a dispute if you have submitted a complaint in accordance with the provisions of article 15 to the entrepreneur and this has not resulted in a solution that is satisfactory for both parties.
4. A dispute must be submitted to the Disputes Committee within twelve months after submitting the complaint in accordance with the provisions of article 15.
5. A payment will be owed for dealing with a dispute.
6. If you submit a dispute to the Disputes Committee, the entrepreneur will be bound by this choice.
7. If the entrepreneur wants to submit a dispute to the Disputes Committee, the entrepreneur must first request in writing that you state within 5 weeks whether you agree to this. The entrepreneur must thereby announce that he will consider himself to be free after the expiry of the aforesaid period to submit the dispute to the regular court.
8. The Disputes Committee will make a decision with due observance of the provisions of the regulations applicable to it. The decision of the Disputes Committee will take place by means of binding advice.
9. Exclusively in those cases of formal education for which binding legal dispute settlement rules have been provided, such as those for examination of the student, the provisions of subclauses 2 up to and including 8 of this article will not apply.
Article 17 - Performance bond
1. The NRTO guarantees compliance by its members with the binding decision of the Disputes Committee for Private Educational Institutions, unless the member submits the binding decision within two months after the sending thereof to the court for annulment.
2. The NRTO does not provide any performance bond if before you have met the acceptance requirements (payment of the complaint-filing fee, the receipt of the filled in and signed questionnaire and any deposit) for the purpose of dealing with the dispute, one of the following situations occurs:
- a moratorium is granted to the member, or
- the member is declared bankrupt, or
- the business activities have actually been terminated.
The determining factor for the latter situation is the date on which the business discontinuation was registered in the Commercial Register, or an earlier date, regarding which the NRTO can make it plausible that the business activities have actually been terminated.
3. The guarantee provided by the NRTO is limited to € 10,000.00 per binding decision. The NRTO provides this guarantee under the condition that you invoke this guarantee and that you transfer (assign) the claim on the basis of the binding decision to the NRTO up to a maximum of the paid amount simultaneously with the honouring of your reliance on the performance bond. For the part exceeding this amount, the NRTO has an obligation to use best endeavours to ensure that the member complies with the binding advice. This obligation to use best endeavours means that you will be offered to transfer the claim for the excess to the NRTO as well, following which this organisation will, in its own name and at the costs of the NRTO, request the payment thereof in legal proceedings, or the NRTO will offer you to conduct the (extra) judicial collection proceedings in your name and at the costs of the NRTO, all this at the discretion of the NRTO.
Article 18 - Amendment
The NRTO will only amend these General terms and Conditions in consultation with the Dutch Consumers’ Association.