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.
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 (the “Study year”) of the chosen bachelor programme (the “Bachelor programme”).
2. The student agrees to follow the curriculum associated with the Study year in the academic year 2019/2020 (the “Academic year”). The Academic year runs from the 26 August 2019 until 31 August 2020 or from 1 January 2019 until 31 January 2020, depending on the student’s chosen moment of entrance. The starting moment as of 1 January is hereinafter referred to as “January enrolment”. The registration is valid for the duration of the Academic year and the Study agreement terminates by means of law after expiration of the Academic year for which registered.
3. The contents of the curriculum offered by Tio is precisely described in 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, location guide and internship manual (the “Study Documentation”). The Study Documentation is updated annually. In terms of the Study agreement , the versions that apply are those established for 2019/2020. The Study Documentation applicable to the current 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.
4. Registration remains open for the entire year preceding the Academic year; there is no closing date.
5. The Student will receive an email with information for students prior to the start of the Academic year. 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 with information for students. 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.
6. The projects, internship companies and study trips shown or described in the recruitment statement, presentations, open days, websites and in 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.
7. Parties can record additional arrangements by means of addendums and add these to the Study agreement during the term of the Study agreement.
8. 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.
9. If at the end of the Academic year the Student has not yet completed all parts of the curriculum for the Study year (for example exams, internship and/or final thesis), the Student must enter into a study agreement with Tio for a so-called extended registration, or a full resit 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.
10. The Student must enter into a new study agreement with Tio for each subsequent study year and for each (follow-up) bachelor programme. The Student will do this by means of acceptance in writing of an offer from Tio. The Student will also be referred to as a continuing student in these cases.
11. 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).
12. 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.
13. 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 following study year, provided that he/she fulfils the terms for continuation, which is without prejudice to the provisions of subclause 11 and subclause 14. To applications after the aforementioned dates this guarantee does not apply.
14. 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 12).
15. 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 2 – 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 subjects and seminars, always provided that the payment obligation arises at the time of admission to the optional subject or the seminar (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.
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 2019/2020. This price guarantee applies only if the Student has registered prior to 1 February (1 October if the academic year starts at 1 January for the following study year). To applications after the aforementioned dates, fees as listed in the study guide that applies to the next academic year apply.
7. To 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 twice in the same study year 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.
9. Non-attendance of lectures (for example due to sickness) will not result in reduction in tuition fees, or other fees.
Article 3 – 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 and the replacement of lecturers. 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 subjects, seminars 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 subject and/or the seminar 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/non-attendance.
Article 4 – Obligations on the part of the Student
1. The Student will submit evidence of achieving his diploma together with the corresponding rating list no later than two months prior to the start of the Academic year. 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 8 subclause 4, 5 and 6).
2. The Student will endeavour to complete the Study year with good results within the Academic year. 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.
3. The Student will be expected to be available for the educational programme throughout the entire Academic year with the exception of the scheduled school holidays. Exams may take place at any time of day, including evenings and Saturdays.
4. 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. The Student will ensure that he/she will have his/her student card with him/her during lessons, exams and activities.
5. The Student must always behave and appear properly. The Student will refrain from any form of violence, aggression, discrimination and vandalism.
6. During activities (including excursions, internships, events) the Student will behave in conformity with any additional regulations or arrangements.
7. 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.
8. 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 5 – 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 6 – 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, 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 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 7 – 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 8 – 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 8 subclause 10.
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.
3. In the event of termination the Student will owe a reasonable fee as referred to in Section 411 Book 7 of the Civil Code.
4. Until 1 July 2019 (1 November 2018 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 2019 and 31 August 2019 (between 1 November 2018 and 31 December 2018 for January enrolment) the reasonable fee 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 2019 for September enrolment and after 31 December 2018 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. Study programme fee is taken to mean: the sum of the tuition fee and the price of the optional courses and seminars.
8. 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.
9. 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 2019 (31 December 2018 for January enrolment).
10. 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.
11. In the event of termination of the registration for optional courses, seminars, introduction and/or extended registration the same scheme applies as described in this article.
Article 9 – 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 2019/2020 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 2019/2020 study guide regarding settlement of study course expenses, student financing and Student travel product is correct at the time of writing the 2019/2020 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 10 – Confidentiality and privacy
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 11 – Complaints and Dispute resolution procedure
The complaints and dispute resolution procedure under the terms and conditions of the NRTO apply.
General Terms and Conditions – Consumers for Private Training and Education
These General Terms and Conditions for Consumers of the Dutch Council of Training and Education (NRTO) were established after consultation with the Consumers’ Association (Consumentenbond) within the framework of Co-ordination Group of Self-regulatory Consultation (Coördinatiegroep Zelfreguleringsoverleg, CZ) of the Social and Economic Council of the Netherlands (SER) and take effect from the 1st of July 2015.
Article 1 – Definitions
Education, course, training, distance learning as well as contact education.
Type of education, at which teacher and student or course participant are not physically present in person at the same time.
Type of education using direct interaction between teacher/trainer and student/course participant.
Accredited Prior Learning, based on previous professional experience or trainings followed. APLs are conferred through assessments and may lead to reduced (accelerated) training routes.
Education regulated by specific educational legislation and leading to a formal and legally recognised diploma.
Education not regulated by specific educational legislation.
Delivery of education, courses and/or training, and/or the supply of course material and/or offering (interim)exams and/or an APL-route and/or other forms of assessment.
An agreement, as stipulated in article 2, subsection 1.
An agreement, concluded between entrepreneur and consumer in the framework of an organised system for distance sales, digital content, or service-provision, in which until conclusion of the agreement only one or more techniques for remote communication are being used.
Natural or legal person who is a member of the NRTO and who delivers an educational service.
Natural person who does not conduct a trade or business and who purchases an educational service from an entrepreneur.
Article 2 – Applicability
1. These General Terms and Conditions apply to all agreements concluded between the entrepreneur and the consumer, concerning an educational service, and relating to both formal and non-formal education, and to all agreements solely regarding the purchase of course material.
2. If the entrepreneur uses other terms and conditions, related to their line of industry, which have not been agreed on in consultation with consumer organisations, such terms and conditions do not apply to the agreement in question, between the entrepreneur and consumer. This does not affect the rights of the entrepreneur to use additional conditions, if and to the extent that these will not differ from these General Terms and Conditions to the detriment of the consumer.
3. In case only (interim)exams, APL-routes, or other forms of assessment are available, the provisions in article 3 subsection 3(b), article 5 subsection 1, article 8 subsection 1, article 8 subsection 2(b), and article 9 subsection 2, do not apply. If only (interim)exams are available, the provisions in article 6 subsection 1, and subsections 3 to 7, do not apply.
Article 3 – Educational Service Offer
1. The entrepreneur submits the educational service offer (preferably) by post in writing or by email.
2. The offer contains a full and detailed description of the educational service and/or the course material as part of the educational service. The offer also indicates whether or not the use of this course material is compulsory.
3. Each offer must contain information in such a way that it is clear to the consumer which rights and obligations apply on acceptance of the offer. The offer must at least specify clearly and comprehensibly the following details:
a. in case of an agreement relating to an educational service:
- the manner of implementation of the agreement;
- the date of the start of the educational service;
- the conditions which apply in the case of cancellation of the educational service;
- if applicable: the admissions requirements for attending the (training) course;
- the overall fee, including all additional costs and taxes;
- the method of payment;
- the duration of the agreement,
b. or in the case of an agreement concerning the purchase of the course material:
- the fee, including all additional costs and taxes;
- the method of payment, method of delivery of the course material and/or method of implementation of the agreement;
- term of delivery of the course material.
4. The consumer is notified explicitly prior to concluding the agreement of these general terms and conditions, which form part of the general provision of information by the entrepreneur.
5. The entrepreneur may add the condition to the submission of the offer and/or the acceptance of the assignment that the consumer submits his personal details and a copy of a valid passport or valid identity card, if and in so far as this is necessitated and permitted by governmental regulation.
6. Notwithstanding the provisions in subsections 1 to 5 the offer must contain the following additional details in case of an agreement relating to distance learning:
a. the identity and address of the entrepreneur, including the address of the offices of the entrepreneur;
b. the right of the consumer to terminate the agreement within fourteen days according to article 6 subsection 2 and 3;
c. whether additional costs will be charged for contact with the entrepreneur by telephone or email: the amount of the current rate(s);
d. the period of validity of the offer.
Article 4 – Agreement
1. The agreement comes into effect on acceptance by the consumer. After concluding the agreement, the consumer receives confirmation of this in writing by post or electronically;
2. In case of a digital assignment the entrepreneur sends a digital confirmation to the consumer; for as long as the acceptance of the digital assignment has not been confirmed by the entrepreneur, the consumer may cancel the assignment;
3. After the conclusion of an agreement relating to distance learning, the details referred to in article 3 subsections 3 and 6 will be submitted in writing by post or email or via another sustainable data medium available and accessible to the consumer.
Article 5 – Cancellation
1. In case of an agreement relating to contact education with a fixed starting-date, the following cancellation provisions apply, following a possible reflection period:
a. cancellation before the start of the contact education course must be made in writing or electronically;
b. if the agreement is cancelled up to two months prior to the start of the course the consumer pays 10% of the agreed fee, with a minimum of € 50;
c. if the agreement is cancelled between two and one months prior to the start of the course the consumer pays 25% of the agreed fee, with a minimum of € 50;
d. if the agreement is cancelled less than one month prior to the start of the course the consumer pays 50% of the agreed fee, with a minimum of € 50;
e. if the agreement is cancelled less than two weeks prior to the start of the course the consumer pays the full fee.
2. In the event of an agreement only pertaining to an (interim)exam or APL-route, the following cancellation provisions apply after a possible period of reflection has lapsed:
a. cancellation prior to the start must be made in writing or electronically;
b. if the agreement is cancelled up to six weeks prior to the start the consumer will pay the administrative costs with a maximum of € 50. For so-called computer-based exams, this period is two weeks prior to the start;
c. if the cancellation occurs later the consumer will be due the full fee.
3. In the case of distance learning, no cancellation is possible after conclusion of the agreement and following the period of reflection.
Article 6 – Termination of the agreement
1. The consumer may terminate a fixed-term agreement at any time. Premature termination of the agreement does not lead to restitution of the fee owed by the consumer nor to cancellation of his duty to pay the fee, except for the costs of the course material which has not (yet) been supplied.
2. The consumer is entitled to terminate the agreement without stating his reasons, during fourteen days following the conclusion of a distance agreement concerning an educational service. If not all details of the conditions of the distance agreement have been provided by the entrepreneur, as referred to in article 3 subsection 6, the term of fourteen days will apply to the period starting after the provision of the missing details up to a maximum of twelve months following the conclusion of the agreement.
3. In case of a distance agreement relating mainly to the purchase of course material, the consumer is entitled to terminate the agreement within fourteen days of the conclusion of the agreement without stating his reasons. This period commences on the day following the day of receipt of the course material. In case the course material is supplied periodically, as, for example, with regular supplements of Syllabi or with yearly or half-yearly book packets, the reflection period will end 14 days following the first day after receipt of the first course material. If not all details of the conditions of the distance agreement have been provided by the entrepreneur, as referred to in article 3 subsection 6, the terms of fourteen days will apply to the period starting after the provision of the missing details up to a maximum of twelve months following the receipt of the course material.
4. The entrepreneur provides the consumer with a form for the termination as mentioned in the agreement. The consumer is not obliged to use this form to terminate the agreement.
5. With due observance of the provisions stated in subsection 6, the consumer is entitled to full restitution of the money already paid if the agreement is terminated according to subsections 2 and 3. The entrepreneur pays back the money as soon as possible, and at any rate within 14 days of the termination of agreement.
6. If the agreement is terminated according to subsections 2 and 3, the consumer must return any course material which he has received from the entrepreneur as soon as possible. The entrepreneur is entitled to charge the consumer with the delivery costs involved. The consumer bears the risk of the delivery. Course material that has been supplied on an electronic data storage device and of which the package seal has been broken, cannot be returned. The consumer pays the entrepreneur the total costs.
7. If the consumer appeals to his right to terminate the agreement according to subsections 2 and 3, any other additional loan agreement serving as payment arrangement between the entrepreneur and the consumer, will be cancelled by operation of law, without any fine payable by the consumer.
8. The educational service can only start during the reflection period if explicitly requested by the consumer. In such cases, the consumer reserves the right to terminate the agreement according to subsection 2. If in such a case the agreement is terminated by the consumer within the reflection period, the consumer must pay the entrepreneur a proportional part of the price of the educational service.
9. If the majority of the educational service is provided by digital means, the right to termination of the agreement ceases at the commencement of the educational service, provided that:
a. the consumer explicitly agrees in advance that the educational service can start before the end of the termination period stated in the agreement, and that the consumer declares that to waive his right to terminate the agreement, and
b. the consumer receives confirmation of the statement referred to under a by the entrepreneur.
Article 7 – Fee changes
1. If a course fee is changed within three months of the conclusion of the agreement but prior to the commencement of the educational service or the delivery of course material, this will have no bearing on the agreed course fee.
2. The consumer is entitled to terminate the agreement if the course fee is increased within three months of the conclusion of the agreement but prior to the commencement of the educational service or the delivery of course material.
3. Subsections 1 and 2 are not applicable to any fee changes imposed by the law.
Article 8 – Delivery
1. Course material
a. The entrepreneur delivers all course material to the consumer on time. Delivery on time is includes the delivery of digital access to materials.
b. In case of the purchase of course material only, the maximum term of delivery is 30 days, unless agreed otherwise. If this term of delivery is exceeded, the consumer is entitled to terminate the agreement without further notice of default.
c. Replacement of faulty or damaged course material will be sent by the entrepreneur immediately without any costs for the consumer.
a. The consumer will be notified of the period within which the assignments or exams will be marked.
b. The moment of receipt of marked assignments or exams must be in proportion to the moment of continuation of the course or the moment of a possible re-sit examination.
Article 9 – Compliance
1. The educational service must comply with the agreement and must be implemented in a competent manner, using proper facilities.
2. The course material must comply with the agreement and have those standard features, as are required for normal use and under all circumstances, as well as for particular use, in so far as agreed.
Article 10 – Payment
1. Payment is in cash, unless agreed otherwise. Payment in cash also includes a bank transfer to the bank account as indicated by the entrepreneur at the moment of purchase or delivery or payment via Internet banking.2. If payment in instalments has been agreed, the consumer must pay according to the instalment periods and the percentages as agreed in the agreement.
3. Payment of the educational service takes place prior to the commencement of the education or training course. The entrepreneur is entitled to demand full payment of the course fee within not less than 10 working days prior to the commencement of the educational service, as referred to in article 3 subsection 3(a)
4. In case of the purchase of course material only, payment must be done ultimately at the time of delivery and/or on the spot. The entrepreneur may oblige the consumer to pay at least half of the fee in advance.
Article 11 – Overdue payment
1. The consumer is considered to be in default once the payment date has expired. The entrepreneur sends a payment reminder after the payment has expired and allows the consumer to pay within 14 days on receipt of the reminder.
2. If the consumer has not made his payment in time, he is, after having been informed by the entrepreneur about the late payment and after the entrepreneur provides the consumer with a term of 14 days to fulfil the payment, after the term of 14 days has expired, obliged to pay the statutory interest over the balance due, and the entrepreneur is entitled to charge the extrajudicial collection costs. These costs shall not exceed: 15% of outstanding amounts up to € 2,500; 10% of the following € 2,500, and 5% of the next € 5,000 with a minimum of € 40. The entrepreneur may, for the benefit of the consumer, deviate from the amounts and percentages referred to.
3. During the handling of a complaint or dispute in accordance with the provisions in articles 15 and 16, the entrepreneur will defer the charging of interest and collection costs.
Article 12 – Non-compliance with the agreement
1. If one of the parties does not comply with a commitment of the agreement, the other party is entitled to defer his own commitment associated with it. In case of partial or inadequate non-compliance deferral is only allowed, in so far as it is justified by the failure to comply.
2. The entrepreneur has the right of retention if the consumer fails to meet the obligation which is due, unless this retention is not justified by the failure.
If one of the parties does not comply with the agreement, the other party is entitled to terminate the agreement, unless the termination is not justified by the non-compliance due to its low significance.
Article 13 – Accountability of the entrepreneur
1. In so far as the entrepreneur has failed in his accountability and the consumer has suffered from this as a consequence, the entrepreneur is accountable only for the damage which is not a result of personal injury, death or property damage.
2. The accountability of the entrepreneur for personal injury, death or property damage is not excluded or limited.
3. The accountability referred to in subsections 1 and 2 also applies to persons employed by the entrepreneur, or persons who have been taken on to implement the agreement.
Article 14 – Confidentiality
1. Any information submitted by consumers is treated with confidentiality by the entrepreneur, his staff, or other persons who work for him. The entrepreneur conforms to the current statutory privacy regulations.
Article 15 – Queries and complaints
1. The entrepreneur will answer any administrative queries or questions about the content of the educational service within 10 working days, counting from the date on which he received the query/question. If the query requires a foreseeably longer answer, the consumer will receive a confirmation of receipt from the entrepreneur, plus an indication of when he can expect a more detailed answer.
2. Any complaints about the implementation of the agreement must be written clearly and in detail and submitted to the entrepreneur in timely fashion, after having discovered the defect or fault. A complaint submitted within two months is in timely fashion at any rate. If a complaint is not submitted in time, the consumer may lose his or her rights in this matter.
3. If a complaint cannot be solved in mutual consultation, it becomes a dispute, applicable to the dispute settlement rules in Article 16.
Article 16 –Dispute settlement rules
1. The agreement is governed by Dutch legislation, unless the law of another country applies on the basis of mandatory law.
2. Disputes between the consumer and the entrepreneur concerning the conclusion or implementation of agreements in relation to the services supplied or to be supplied by the entrepreneur, may be submitted by both the consumer and the entrepreneur to the Geschillencommissie Particuliere Onderwijsinstellingen (Disputes Committee), Bordewijklaan 46, Postbus 90600, 2509 LP Den Haag (www.degeschillencommissie.nl).
3. The Disputes Committee will only handle a dispute, if the consumer has submitted his complaint to the entrepreneur in accordance with the provisions in Article 15 and if no satisfactory solution has been reached for one of the two parties.
4. A dispute must be submitted to the Disputes Committee within twelve months after submission of the complaint in accordance with to the provisions in article 15.
5. A fee is payable for the handling of the dispute.
6. As soon as the consumer submits a dispute to the Disputes Committee, the entrepreneur is bound to this decision.
7. If the entrepreneur wishes to submit a dispute to the Disputes Committee, he must ask the consumer in writing to inform him within 5 weeks whether the consumer agrees to the submission of the dispute. The entrepreneur must also inform the consumer in the same letter that the entrepreneur is free to submit the dispute to any court if the period of 5 weeks has lapsed.
8. The Disputes Committee pronounces judgment in accordance with the Dispute Settlement Rules. The judgment of the Disputes Committee is a binding decision.
9. The provisions of subsections 2 to 8 inclusive are applicable except in cases of formal education, in which their own binding legal dispute settlement rules apply, such as in cases of examination of the student.
Article 17 – Performance guarantee
1. The NRTO guarantees the performance by its members of the binding decisions of the Geschillencommissie Particuliere Onderwijsinstellingen, unless the member has submitted the binding decision to a competent court for annulment within two months after the pronouncement of the decision.
2. The NRTO does not provide any performance guarantee if, before the consumer has met the intake requirements necessary for the handling of the dispute (payment of the complaint-filing fee, receipt of the completed and signed questionnaire and possible payment of deposit), one of the following situations occurs:
- the member has been granted a moratorium, or
- the member has been declared bankrupt, or
- the business activities have effectively been ended.
The effective ending of the business activities is the day on which the cessation of business is filed at the office of the Commercial Register (Handelsregister) or an earlier date which the NRTO can reasonably confirm as being the effective end-date of the business activities.
3. The performance guarantee provided by NRTO does not exceed € 10,000 per binding decision. The NRTO provides this performance guarantee on condition that the consumer who invokes the provisions of this guarantee, will assign his right to performance guarantee, as set by the binding decision, up to a maximum of the amount already paid out, to the NRTO, at the same time when the decision to grant performance guarantee has been made.
As far as any amount above this figure is concerned, the NRTO has a best efforts obligation to ensure that the member honours the binding decision. This best efforts obligation entails that the consumer will be offered to transfer the excess amount due to NRTO as well, after which this organisation will claim payment of this amount in law, in their own name and at the expense of the NRTO, to the consumer or that the consumer will be offered that the NRTO will conduct the extrajudicial debt collection proceedings in the name of the consumer and at the expense of the NRTO, all of which at the discretion of the NRTO.
Article 18 – Changes
The NRTO shall only apply any changes to these General Terms and Conditions in consultation with the Consumers’ Association.