These general terms and conditions apply to all Study agreements and their realisation. They also apply to all other agreements signed by Tio pertaining to any study. These general terms and conditions are an addition to the conditions of the Dutch Council for Training and Education (NRTO). Tio's general terms and conditions take precedence over the NRTO's conditions, if and insofar as the former do not deviate from the latter to the detriment of the Student.
Definitions
Tuition fee | the sum owed by the Student for taking part in the study programme during a given Academic year, excluding optional courses and components; |
Academic year | a period of twelve calendar months between 1 September and 31 August. During the first Study year, the Academic year has a length of thirteen months and runs from 1 August until 31 August; |
Nominal duration | the time it will take a Student to complete a study programme (or a part thereof) if they do not incur any study delay. As an example, a three-year study programme has a nominal duration of three years; |
Study | the study programme offered by Tio and chosen by the Student; |
Study costs | the sum total of the Tuition fee, the cost of optional courses and any optional components; |
Start-up costs | the expenses that Tio incurs for executing the Study Agreement before the start of the Study. They include various items such as administrative costs, IT expenses, marketing costs, personnel costs, venue rentals for training, handling and follow-up of documents submitted by students, potential intake assessments (such as tests or interviews), planning and creating group schedules and timetables, recruiting and scheduling lecturers, providing specific information and guidance, distribution of informational materials, administrative processing of enrolments, setting up student records, configuring student accounts in the online learning environment, preparations for any orientation events, and related expenditures like postage, online licensing fees, costs for intake assessments, informational materials, preparing lessons, study materials, and other study components; |
Student | a natural person taking part in a study programme at Tio; |
Student Portal | The portal used by Tio, which Students can use to e.g. check their marks, register their absence and register for events, optional courses and follow-up study programmes; |
Study documentation | the sum total of documents in which the contents of the Study and the curriculum are recorded, consisting of the study guide, the study affairs email that Students receive prior to the start of their Study and the applicable regulations, such as the Education and Examination Regulations, the campus guide, the internship guide and the graduation guide. The Study documentation of the current Academic year is available via tio.nl/documentation; |
Study year | a part of the study programme with a nominal duration equal to an Academic year; |
Study agreement | the agreement between Tio and the Student concerning the Study; |
Tio | Tio Teach B.V. with trade names Tio Business School, Tio and Tio University of Applied Sciences, located at Marathon 7, 1213 PD in Hilversum; |
Website | www.tio.nl, including underlying pages. |
Article 1 – Registration
1. Registration. Students wishing to enrol in a Study at Tio must register online by filling out the registration form on the Website. The Student will receive a confirmation of their registration.
2. Enrolment fee. The Student owes the enrolment registration fee (one-off) when they register for a Study.
3. Admission requirements. Admission to any study programme is subject to certain admission requirements. Furthermore, special admission requirements may apply to special programme variants (e.g. intensive study programmes). The admission requirements can be found on the Website and in the Study documentation. The Student must make sure beforehand that they meet the applicable admission requirements or will do so prior to the start of their Study.
4. Submitting information. Admission requirements apply for every Study. During the admission process, and after registration, the Student will be asked to verify provided information and hand in certain information and documents in order to, inter alia, verify their identity and whether they meet the admission requirements.
5. Degree. No later than one month prior to the start of the Study, the Student must provide evidence that shows they have obtained a diploma or degree, along with a list of marks. If they do not possess the requisite diploma or degree at that time, the Student may request an extension or terminate the Study agreement free of charge (see article 10 sections 3 and 5).
6. Assignment. Tio will verify the registration and the provided information, and will inform the Student whether they meet the admission requirements and can be assigned to the Study of their choice.
7. Study agreement. The Study agreement is realised by a valid registration and is entered into for the Nominal duration of the Study and its confirmation by Tio (see also article 2).
8. Waiting list. If too many Students should register for a given Study, the Student may be placed on a waiting list. This may also be the case if the Student wants to retake a given Study year (see article 4.2). Tio will confer with the Student before placing them on the waiting list. Once the Student has been placed on the waiting list, they are not eligible to a study place until one becomes available and Tio has assigned the available place to the Student. While the Student is on the waiting list, they may terminate their study agreement free of charge.
9. Reservation of sufficient registrations. All study programmes are subject to the reservation of sufficient registrations. It is therefore possible that a programme is ultimately not available at every Tio campus or at all. Tio therefore reserves the right until one month prior to the start of the study programme to cancel a study agreement, even after the Student has received a confirmation of their assignment. In the rare event that Tio is forced to exercise this right, it will inform the Students in question as soon as possible. Tio and the Student will then explore any suitable alternative options, e.g. taking part in the study programme at a different Tio campus or starting the programme at a later date.
10. Introductory meeting. Before the start of the Study, the Student will have an introductory meeting with their study coach. It is the Student’s responsibility to schedule the meeting.
Article 2 – Contents and duration of the Study
1. Contents of the Study. The contents of the study programmes that Tio offers are described in detail in the Study documentation. The Study documentation is revised every year. If the information on the Website deviates from the information in the study guide, the contents of the study guide take precedence over the information available on the Website.
2. Multi-year study programme The Student registers for the full programme of the Study. This generally consists of a multi-year programme. The Study agreement is entered into for the Nominal duration of the Study.
3. January enrolment. Students who begin their Study (“enrol”) in a multi-year programme in January will complete the programme for the first Study year in one and a half Academic years. The exact programme and additional information can be found in the Study documentation and on the Website. The first Academic year will run from January 1st until August 31st of the subsequent year.
4. Extending the duration of the Study agreement. There are two ways to extend the duration of the Study agreement:
i. by repeating a Study year (see article 4 section 2 “repeating”) and/or
ii. with an extension at the end of the contract period (see article 4 section 5 “extended registration”)
Extending the contract period may ultimately affect the validity of certain courses, see article 4 section 7.
5. End of the Study agreement. The Study agreement will end when the Student obtains their diploma or degree or as a result of a premature termination as described in article 10.
6. Study affairs mail. Prior to the start of the study programme, the Student will receive a study affairs mail. In addition to practical information, this mail may also contain changes and/or additions to the study guide. If the Student objects to these changes and/or additions, they must inform Tio within 14 days of the date of receipt of the study affairs mail. If the Student fails to submit their written objection in a timely manner, the changes and/or additions will form part of the Study agreement.
7. Changes to the Study agreement. During the contract period of the Study agreement, parties may record additional agreements in the form of addenda and include these in the Study agreement.
8. Disclaimer. The projects, internship organisations and study trips shown or described in the recruitment information, presentations, open days, Website and the Study documentation are merely illustrative in nature and concern examples from the past. The actual contents of the Study may deviate from the examples shown. The Student therefore cannot derive any rights from the projects, internship organisations and study trips that are shown for illustrative purposes only.
Article 3 – Advancement / follow-up study programme
1. Conditions regarding advancement to the next academic year. For the first year of study programmes that take multiple years, Tio applies conditions regarding advancement to the next academic year. These conditions are laid out in the study guide. Tio will, under the supervision of the campus manager, decide whether the Student meets these conditions for advancement. If a Student does not meet these conditions for the first Academic year, the Student cannot enrol in the second academic year. These Students will have to repeat the first Academic year (see article 3 section 2 and article 4 section 8). Of course, the student will also have the choice to discontinue the Study (see article 9).
2. Repeating. Students have the option to repeat any Study year they want ("repeating"). In that case, the study agreement is extended by one year. Costs will be incurred for repeating a Study year (see article 4 section 8).
3. Admission intensive programme variant. Certain study programmes offer Students the opportunity to enrol in a intensive variant of the programme. This variant is also known as the “fast-track programme.” Participation in these intensive programme variants is subject to additional admission requirements and/or advancement requirements.
4. Conditions study components. There are certain requirements that have to be met before a Student can start specific components of the programme, such as internships and the graduation project. These requirements are included in the Education and Examination Regulations.
5. Extended registration. If, at the end of the contract period of their Study agreement, the Student fails to meet the graduation requirements as described in the Education and Examination Regulations, they will have to enter into a Study agreement with Tio for a so-called extended registration. There are several variants that coincide with different scenarios, each with their own specific conditions and costs. An extended registration can only be used at the end of the study programme. For example, it is not possible to use an extended registration to complete the first Study year and to subsequently end the study programme early. In case of an extended registration, the Student will not be scheduled for classes. The Student can join classes if there is enough sufficient availability and space in class.
6. New Study agreements. Entering into the Study agreement does not obligate parties to enter into one or more subsequent Study agreements. Tio reserves the right not to present the Student with an offer for a new Study agreement if there are reasonable grounds to do so.
7. Programme Validity. The multi-year programme of the Study as described by Tio in the Study Documentation has a validity period that is equal to the Nominal duration of the Study plus two Academic years. This validity period begins on the starting date of the first Academic Year. If the Student fails to obtain their diploma or degree during the validity period, the Student may be required to complete certain (additional) courses, exams or assignments (again) in order to obtain their diploma or degree after all.
8. Dropping out of the Study. If Tio decides to terminate a Study, any Students who have already begun this Study will be given reasonable opportunity to obtain their diploma or degree within the validity period described in section 7. Any exceptions with regard to the phasing out of studies and their validity period are described in the Education and Examination Regulations.
Article 4 – Prices and price guarantees
1. Payment obligation. Upon entering into the Study agreement, the Student is obligated to pay the full Study costs for all Study years. Tio will bill these costs per Academic year. The liability to pay the Study costs is not dependent on the Student actually receiving education, the passage of time or any other conditions whatsoever. Termination of the Study agreement may have consequences for payment obligations (see article 9).
2. Billing. Tio will bill the Study costs per Academic year. It will do so several months prior to the start of the Academic year in question. If Tio and the Student have agreed to payment of the Study costs in instalments, the Student will pay each instalment no later than the agreed-upon final payment date. If no payment plan was agreed upon, the amount due must be paid in full within 14 days of the invoice date and no later than 10 working days prior to the start of the Academic year.
3. Payment term. The payment term for all other amounts is 14 days after the invoice date.
4. Payment attribution. Every payment will be attributed to the oldest unpaid invoice, regardless of any annotations that accompany the payment in question.
5. Costs of study materials. The costs of the study materials that Tio has selected are included in the tuition fee. These study materials will be mostly digital. If a Student would rather use a physical textbook instead, they will have to purchase said textbook themselves. The following costs are not included in the Tuition fee: the purchase costs of private materials (laptop, clothing, pens, etcetera), the costs of internships, graduation and travel costs. Furthermore, copying and printing costs are not included.
6. Annual determination of the Tuition fee. The amount of the Tuition fee is determined every year. To prevent the Student from being faced with large price increases during their Study, the Tuition fee as recorded in the Study agreement will serve as the baseline amount. This agreed-upon amount will be raised annually by a maximum of 5%; there will be no additional price increases. Special conditions apply to repeating study years and extended registrations, see articles 4.7 and 4.8.
7. Cost of an extended registration. If the student wishes to extend their registration for a Study, the cost of an extended registration that applied at the time of the first full-time registration for the Study that the Student wishes to extend will be used as a baseline amount. This cost will then be raised as described in article 4 section 6. This price guarantee is valid for a maximum of two Academic years after the nominal study duration at Tio: after that, the prices listed in the study guide for the Academic year in which the student wishes to continue their education on the grounds of an extended registration will apply.
8. Cost of repeating. The cost of repeating a Study year is equal to 50% of the Tuition fee that the student would owe pursuant to article 4 section 6 if they had advanced to the next Study year instead. This discount is awarded once. If a Student is enrolled in an Academic year for the third time, they pay the general Tuition fee, defined in accordance with article 4 section 6.
9. Price not dependent on receiving education. Missing classes (e.g. due to illness) cannot result in a reduction of the Tuition fee or any other monies owed.
Article 5 – Tio's rights and obligations
1. Access to education. Tio will give the Student access to the study programme as described in the Study documentation.
2. Schedule. In general, classes and lectures will take place between 09.00 and 18.20. In exceptional cases, classes and lectures may take place in the evening or on weekends. The schedule is subject to change during a semester. The Student will be informed if that happens.
3. Campuses. In general, classes and lectures will take place at the agreed upon Tio campus. Nevertheless, classes and lectures may take place at an alternative location. Projects, guest lectures and events may take place at external locations. Any travel expenses are not included in the Tuition fee and will be for the Student's own account.
4. Changes to the programme. Within reasonable limits, Tio has the right to implement changes to the curriculum. Among other things, this right includes making changes to/replacing courses, the time at which the courses or projects are offered, study material, lecturers and the location where the education is provided.
5. Force majeure. If circumstances beyond Tio's control, e.g. government restrictions, epidemics, pandemics, health risks, natural disasters, etcetera, make it impossible to provide the education in a regular manner, at the regular location and/or in accordance with the regular programme, Tio has the right to take reasonable measures to ensure the education can continue as much as possible. Among other things, this includes providing part or all of the education online and/or imposing restrictions. When taking such measures, Tio will employ the following principles:
- the substance and quality of the Study must be safeguarded;
- whenever possible, physical education is preferable to online education;
- study delays must be avoided as much as possible;
- the measures should not result in higher Tuition fees for Students;
- studying at Tio must remain fun.
6. Changing the name of a Study. Tio has the right to change the name of a Study, provided that this is done within the applicable legal frameworks.
7. Activities. Tio will provide the Student with access to a variety of activities (such as the introduction, excursions, optional courses or events) and inform them about these activities. Tio reserves the right to change the location, substance or time of these activities or cancel them.
8. Partners. Tio will take due care when selecting and presenting any partners who offer optional components, internships, financial services and/or other services. Unless explicitly agreed otherwise, Tio will not be a party to any agreements signed with these parties. Tio cannot be held liable if these partners change the contents of the components, cease to offer them altogether, offer them under different conditions or fail to honour their obligations towards the Student.
9. Language. Tio shall strive to provide the education in the agreed-upon language as much as possible. Nevertheless, Tio reserves the right to incidentally provide the education for English-language studies in Dutch for Dutch Students and vice versa. Furthermore, certain information may not be available in English. To a certain extent, all Students who enrol in an English-language study programme will come into contact with Dutch. In such cases, non-Dutch Students are expected to display a reasonable degree of self-sufficiency.
10. Group size. Tio will generally offer its education in groups that are comprised of no more than 16 students. To a limited extent, the group size may exceed 16 Students.
11. Access to buildings, classrooms and systems. Tio will grant the Student access to its buildings, classrooms and systems insofar as such access is needed for the purpose of the Student receiving their education.
Article 6 – The Student's obligations
1. Active participation. The Student will strive to successfully complete the Study year within the Academic year. Among other things, they will actively participate in their education and come well prepared to classes and exams. The absenteeism policy is included in the campus guide.
2. Availability. The Student is expected to be available to receive education throughout the Academic year, except during the school holidays scheduled by Tio. Exams may be scheduled at any time during the day, including in the evening and on Saturday.
3. Payment. The Student shall pay the enrolment fee, the Tuition fee and other amounts owed to Tio in a timely manner.
4. Student card. The issued student card is used to register presence in classes. Without their student card, the Student will be registered as absent. Students are required to submit a recent and accurate passport photo prior to the start of the study programme. The Student will make sure to bring their student card to classes, exams and activities.
5. Behaviour. Students are expected to behave in a neat and courteous manner at all times. Students will refrain from any form of violence, aggression, discrimination or vandalism.
6. Regulations. The Student will follow and act in accordance with the applicable regulations.
7. Behaviour during activities. During activities (including excursions, internships and events), the Student will behave in accordance with any additional regulations or agreements.
8. No hurtful remarks. For the duration of their Study agreement and up to three years after the end of said agreement, the Student will refrain from making any unnecessarily hurtful remarks about Tio, its lecturers and/or their fellow students.
9. Insurance. The Student will make sure to have liability insurance for the entire duration of their Study. When taking part in any excursions, trips, internships, etcetera, they will make sure to have a passport that is valid for at least another six months. They will also have to take out their own travel and cancellation insurance.
Article 7 – Internships
The Student is responsible for finding suitable internship organisations and work placement companies. Tio will support the Student in various ways. More information can be found in the applicable internship regulations. If the Student is unable to find a suitable internship position or work placement company on their own, Tio will provide a company instead. Under no circumstances can Tio be held liable for not finding a suitable internship position or graduation company. If the Student does not accept the internship position or work placement company presented by Tio, nor if the Student is not accepted by the company in question.
Article 8 – Appropriate education
1. Making agreements. If applicable, additional agreements will be made with individual Students regarding additional guidance provided in accordance with the Appropriate Education Act. Such agreements are generally made prior to the start of the Study programme, but they can also be made or modified at a later date. The agreements will be recorded in an addendum to the Study agreement. This addendum is inextricably part of the Study agreement.
2. Provision of information. The Student is responsible for the provision of all relevant information regarding their need for (additional) guidance, to ensure that Tio can provide this guidance. If it comes to light that the Student has withheld information or neglected to provide information for any other reason, as a result of which no agreements have been made about (part of) the additional support that the Student requires, Tio is not required to provide said support. If it turns out during the Study that the Student requires additional support, Tio will determine in conference with the Student if and how it can provide this support.
Article 9 – Cancellation and (interim) termination of the agreement
1. Right of withdrawal / Cooling-off period. The Student may cancel their registration free of charge during a fourteen-day cooling-off period. This cooling-off period begins on the day Tio confirms the student's registration. A registration must be withdrawn in the manner described in section 8.
2. Termination at any time. The Student may terminate their Study agreement at any time. Prior to the start of the Study, this is also known as “cancelling.” A Study agreement must be cancelled / terminated in the manner described in section 9.
3. Cancellation prior to the start of the Study. Cancellation is free until 1 July (and until 1 December for January enrolment) (the "deadline"), with the exception of the one-off Enrolment fee. If cancellation occurs between the deadline and the start date of the Programme, the Student is liable for 10% of the Tuition fee (as Start-up costs).
4. Termination per the end of the Study year. If a Student wishes to terminate their Study agreement per the end of the Study year, they will not owe the Tuition fee of the next Academic year if they submit their termination request no later than 1 July of the current Academic year. If they submit their termination request after 1 July, they will owe a reasonable percentage of the Tuition fee of the next Academic year, which is calculated in the manner described in Article 9, section 3.
5. Extending deadlines. The Student may request an extension of the deadlines referred to in sections 3 and 4, e.g. because they are still uncertain about their successful completion of a prior education. Such an extension is only valid when Tio has confirmed it in writing.
6. Determination reasonable percentage of the Tuition fee. If a Student cancels during the Academic year, they will owe a reasonable portion of the Tuition Fee. Article 7:411 of the Dutch Civil Code is used to determine what constitutes a reasonable portion .The starting point is that the Student owes 10% of the Tuition Fee (as Start-up Costs), plus 10% of the Tuition fee for each month of the Academic year that has already partially or fully elapsed at the time of cancellation. Therefore, if cancellation occurs after six months, Tio is entitled to 10% (Start-up Costs) plus 60% of the Tuition fee. The total amount owed can never exceed 100% of the Tuition fee. The stipulations of article 5 sections 1-4 of the NRTO conditions do not apply.
7. Lapsing of payment regulations. At the end of the Study agreement, any previously made agreements regarding payment in instalments will lapse. All payment obligations must be met in full within 14 days after the end of the Study agreement. In the event of a termination / cancellation prior to the start of the Academic year, the Student must return any study materials they have already received to Tio in unused state and in the original packaging.
8. Termination method. All cancellation and termination requests must be submitted to Tio's Student administration department (csa@tio.nl). It is also possible to cancel or terminate a Study agreement digitally by filling out the form available at tio.nl/cancellation. When submitting a cancellation or termination request by mail, Tio recommends using registered mail to make it clear to both parties that the Study agreement was cancelled or terminated and when this was done.
9. Cancelling / terminating optional courses. When cancelling and/or terminating a registration for paid optional courses, the introduction and/or an extended registration, the same regulations as described in this article apply.
10. Denying access to classes. If the Student fails to meet their obligations, Tio has the right to deny the Student access to classes until the Student has remedied their default. When a student is denied access to classes, this does not exempt the Student from paying the Tuition fee.
11. Termination of the Study agreement by Tio. If the Student fails to meet their obligations, Tio has the right to terminate the Study agreement in whole or in part. In such an event, the Student owes the Tuition fee for the full Academic year, minus any savings for Tio.
Article 10 – Tio's liability
1. Limitation to direct damages. Tio's liability is limited to compensation of direct damage. Liability for indirect damage (including consequential damage, lost revenue, missed opportunities, etcetera) is excluded.
2. Scope of liability. The scope of the damage compensation obligation is limited to the amount that Tio will actually receive from its insurance provider for the event in question in accordance with an insurance policy that Tio has taken out. If Tio's insurance provider does not pay out, Tio's liability is limited to an amount equal to the Study costs that the Student has paid in (or for) the period in which the event in question occurred, with a maximum of one Academic year.
3. Exceptions to limitations. The liability limitations do not apply in the event of personal injury or death, nor in the event of damage caused by a wilful act or gross negligence on Tio's part.
4. Non-liability for third-party activities or information. Tio is not liable for any damages incurred by the Student as a result of activities organised by student associations, including but not limited to Cognatio. Tio is not liable for any changes, restrictions and measures resulting from government measures or changes made by examining bodies. Tio is not liable for the correctness of any information provided by third parties that Tio has included in the study guide (e.g. VDZ, DUO, the Tax Administration or Tio's partner institutions) and the fictitious calculation examples made with this information. The information included in the study guide regarding compensation for study costs, student finance and the public transport card for students reflects the situation that applied at the time of writing of the study guide. This situation may since have changed.
5. Protected persons. Persons in Tio's employment and persons appointed by Tio for the purpose of executing the Study agreement may also invoke the liability limitations described in this article.
Article 11 – Communication, confidentiality and privacy
1. Communication address. All written communication intended for the Student will be sent by Tio to the email and/or mailing address listed on the Student's application form. Invoices will always be sent via email to the provided on the registration form. Tio may continue to view the listed addresses as the correct addresses until the Student submits a new address in writing.
2. Privacy regulations. Any information provided by the Student will be treated confidentially by Tio, its staff and/or any persons working for Tio. Tio will act in accordance with the applicable privacy legislation and its own privacy statement.
3. Permission for processing personal data. During registration, Tio asks permission for the various ways in which it processes personal data. Students can provide, revise and retract their permissions at any time
4. Communication with parents/carers. For minor students, Tio shares information about study progress and attendance with the person or persons who hold parental authority. Often, these are the parents, but it may also be another individual. Tio has found that parental involvement has a positive impact on the academic progress of minor students. Additionally, in this way, Tio assists parents in fulfilling their legal responsibilities. If the parents’/carers’ email address was listed and permission was given on the registration form, Tio may send all information regarding a Student's study results, attendance and login credentials to this email address, regardless of the Student's age. The Student can provide, revise and retract their permissions at any time.
5. Use of visual materials. Without the Student's consent, Tio will not publish any visual materials that show the Student by themselves or in a small group. Tio does have the right to publish any visual materials of activities and events that show the Student in a large group.
6. Detecting plagiarism. Tio may utilise a plagiarism detection tool to assess any of the Student's work for the purpose of determining its authenticity.
7. Artificial intelligence. Tio can impose limitations or conditions on the use of artificial intelligence (such as ChatGPT). In addition, the use of artificial intelligence for certain exam methods and assignments may be forbidden in whole or in part. Tio may use software in order to determine whether artificial intelligence was used for exams or assignments. If use of artificial intelligence is suspected, lecturers may set additional requirements for written exam methods, for example regarding self-reflection or personal opinion. Forbidden use of artificial intelligence will be considered fraud.
Article 12 – Complaints and disputes regulations
The complaints and disputes regulations included in the NRTO's terms and conditions 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 in November 2020 and will enter into force no later than 1 September 2021.
Article 1 - Definitions
Subscription | An arrangement whereby a one-off or periodic payment gives right to unrestricted use of a study offer for a certain period of time. |
Education | Education, study programme, course and/or training, distance education as well as face-to-face instruction. |
Distance education | A form of education whereby the teacher and you will not be simultaneously present in person. |
Face-to-face instruction | Form of education with direct interaction between the teacher and the student or the course participant. |
APL | 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. |
Formal education | Education that is regulated by specific educational legislation and that is concluded with a formal diploma, being a diploma recognised by law. |
Informal education | Education that is not regulated by specific educational legislation. |
Educational service | 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. |
Agreement | An agreement as referred to in article 2 subclause 1. |
Distance contract | 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. |
Entrepreneur | A natural person or legal entity who/which is a member of the NRTO and provides an educational service. |
Start-up costs | The costs a trainer has incurred in advance for the performance of the study agreement. A trainer always incurs start-up costs for you. These costs include: administration costs, IT costs, marketing costs, personnel costs; hiring a training location; sending and following up on the documents to be sent or to be submitted by the student, including the education agreement; if applicable, taking an intake test and/or conducting an intake interview; planning and compiling the groups, timetables and recruiting and scheduling the instructors; specific information/information provision; distribution of information material; administrative processing of registration; creating the student file; creating and configuring the student account in the online learning environment; preparations for and implementation of any introduction; related expenses such as postage, online licence fees, costs for intake tests, information material, etc.) Or other costs to the extent that a trainer can demonstrate these. |
You | 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. In that case, you pay: a reasonable fee for the work already performed, including the Start-up costs. For the sake of clarity, below you will find a summary of these costs as a percentage of the agreed price. These percentages relate to the maximum fee to be paid. If the reasonable fee to be paid is lower, you will be charged a lower fee. Upon request, the amount of the fee will be substantiated by the entrepreneur.
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 | 30% of the agreed price after deduction of the study material not yet received* | 30% 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 | 50% of the agreed price after deduction of the study material not yet received* | 40% of the agreed price for only the first academic year and after deduction of the study material not yet received* |
Early termination | In the event of early termination, 50% (as start-up costs) of the agreed price, after deduction of study materials not yet received, plus the costs of the academic year already expired, regardless of whether you attended the meeting(s). The total costs shall never exceed the agreed price. In principle, the costs of the course you have already followed will be determined as follows: • In the case of a course for an entire academic year: the costs in proportion to the number of months/days during which the course was followed, including the current month. • In the case of a course divided into blocks: the costs of the completed blocks/modules plus the costs of the module(s)/block(s) followed at the time of early termination. | In the event of early termination, 40% (as start-up costs) of the agreed price for the ongoing academic year only, after deduction of study materials not yet received, plus the costs of the course already followed, irrespective of whether you attended this/these meeting(s). The total costs will never exceed the agreed price. In principle, the costs of the education you have already attended will be determined as follows: • In the case of a course for an entire academic year: the costs in proportion to the number of months during which the course was followed, including the current month. • In the case of a course divided into blocks: the costs of the completed blocks/modules plus the costs of the module(s)/block(s) followed at the time of early termination.* |
* 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. Unless the reasonable fee for the work already performed is lower, in which case you will be charged this lower fee. Upon request, the amount of the fee will be substantiated by the entrepreneur.
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. Unless the reasonable fee for the work already performed is lower, in which case you will be charged this lower fee. Upon request, the amount of the fee will be substantiated by the entrepreneur. Subscription courses may be cancelled free of charge after the agreed subscription period in the case of automatic renewal, with due observance of a maximum notice period of one month.
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 € 5,000 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.
Article 18 - Amendment
The NRTO will only amend these General terms and Conditions in consultation with the Dutch Consumers’ Association.