Terms and conditions

Terms and Conditions apply

1.1 The following General Terms and Conditions govern all agreements that are concluded with DiscoverU unless the parties explicitly agree otherwise in writing. Third parties engaged by “DiscoverU” will fall under these Terms and Conditions.

Scope of the obligations

2.1 All agreements that are concluded with DiscoverU will lead to an obligation for DiscoverU to perform to the best of its ability. Such agreements will not lead to any obligation for DiscoverU to achieve a particular result. In this context, DiscoverU will be obliged to comply with its obligations in a manner that can be expected of it in accordance with the standards of due care and workmanship that apply at the time at which it complies with those obligations.

2.2 If DiscoverU engages third parties in connection with the performance of an agreement that has been concluded with it, DiscoverU will be obliged to select such third parties with the same degree of care that the principal would have exercised if the principal had selected those third parties itself.

2.3 Insofar as DiscoverU must rely on information from the principal or a participant or the cooperation of the principal or a participant in order to properly comply with its obligations, DiscoverU will be released from its obligations if such information or cooperation is not provided in a timely manner.

Start of the course/admission

3.1 The training courses (in the broadest sense of the words) that DiscoverU offers will be given only if a sufficient number of persons register. If more persons register than it is possible for DiscoverU to place, the participants will be placed in the order in which they have registered.

3.2 An interview (telephone or otherwise) can be obligatory for admission and serves as a kick-off moment for the program. In this interview the learning objectives and needs can be aligned.

Cancellation, dissolution, and termination

4.1 Failure to participate in an activity on the date on which the participant has been placed will be considered a cancellation, even if the participant participates in the same activity at a later date, unless the situation referred to in Article 4.2 applies. Notice of cancellation must be given in writing.

Training courses, conference, other courses and events

4.1.1 Administration and cancellation costs in the amount of EUR 150 will be charged in the event of cancellation within three months before the commencement of the activity. 50% of the price will be due in the event of cancellation within six weeks before commencement. The full price will be due in the event of cancellation within three weeks before commencement. A participant who has been placed may be replaced with another participant, with due observance of the provisions contained in Article 3.2.

Customized work

4.1.2 In the event that a training course, conference, or other course (“in company” or otherwise) that DiscoverU has developed at the principal’s request is cancelled up to one month before it is scheduled to commence, the actual costs that DiscoverU incurs (to be itemized by DiscoverU) will be charged. In the event of cancellation within one month before commencement, the first agreed installment will be due in addition to the actual costs that DiscoverU incurs.

Coaching

4.1.3.1 In the event that a principle cancels the appointment that is made by him or her within 24 hours, DiscoverU will charge the respective costs and the principal is obliged to pay these. Appointments that are rescheduled or canceled before this time will not be charged.

4.1.3.2 When the principal does not show up at the scheduled appointment, the costs will be charged and the principal is obliged to pay these.

4.1.3.3 DiscoverU is entitled to reschedule or cancel appointments when it’s not possible to execute the contract properly.

Accommodation

4.1.3 In the event of cancellation within one month before the actual accommodation, 15% of the price will be due. In the event of cancellation within 14 days before the actual accommodation, 35% of the price will be due. In the event of cancellation within seven days before the actual accommodation, 55% of the price will be due. In the event of cancellation within three days before the actual accommodation, 85% of the price will be due. In the event of cancellation within 24 hours before the actual accommodation, 100% of the price will be due.

4.2 If either party commits a substantive breach in respect of its obligations and fails to comply with those obligations within a reasonable term after the other party has explicitly informed it of the breach, the other party will be entitled to terminate the agreement without owing the party that committed the breach any compensation in that respect. The work that has been performed until the time at which the agreement is terminated will be paid for in the customary manner.

4.3 If the agreement that is concluded with DiscoverU relates to the performance of the same work on more than one occasion, that agreement will be deemed to have been entered into for a term of one year (unless the parties explicitly agree otherwise). Such an agreement will be tacitly extended, in each case for a term of one year. Either party may terminate the agreement in writing three months before such an extension, in which context the parties will not owe each other any compensation whatsoever on the ground of such a termination.

4.4 DiscoverU has right to cancel or refuse admission by a participant (or replacement) to a training program without any reason. The participant (or replacement) will be refunded the full amount of the admission fee.

Pricing, billing, payment

5.1 All the prices quoted by DiscoverU are exclusive of VAT, unless explicitly stated otherwise. At the request of the customer a training program can be offered exempted from VAT. If this offer is accepted, DiscoverU Administratie BV will provide the training program and there will be calculated a surcharge of 10% on the course price.

5.2 Accommodation costs associated with the training are not included in the course price, unless explicitly stated otherwise.

5.3 DiscoverU invoices immediately after commissioning, unless otherwise agreed in the order.

5.4 Payments must be made within 14 days of the invoice date. In the event that payment is not made in a timely manner, default interest will be due at a rate equal to the statutory interest rate, and out-of-court collection costs will be due; the out-of-court collection costs will be equal to 15% of the amount that was not paid on time. The default interest is equal to the statutory interest.

Liability

6.1 DiscoverU will not be liable for any indirect damage that can be attributed to it. DiscoverU will be liable for damage that is a direct result of a breach that can be attributed to it only if the breach is the result of an intentional act or omission or gross negligence on the part of DiscoverU. If DiscoverU is obliged to compensate damage, such compensation will be limited to the price agreed in the agreement (for a term of one year in respect of continuing performance contracts).

6.2 Insofar as athletic or similar activities constitute part of the agreement that is concluded with DiscoverU, the persons who participate in such activities must determine for themselves whether they are in suitable physical condition to responsibly participate in such activities.

Registration of persons

9. By entering into an agreement with DiscoverU, the other party grants DiscoverU permission to automatically process the personal data that it acquires in connection with the agreement. DiscoverU will use such personal data only for its own activities. DiscoverU will administer the personal data that it acquires in the manner prescribed by Dutch law.

DiscoverU

Venstraat 10

5271 TV, Sint Michielsgestel

The Netherlands

KvK nr. 50009966

BTW nr. NL148751556B01

 

Versie 3.0

December 2016