Article 1: Applicability
1.1. These General Terms and Conditions apply to all offers and agreements to execute orders of the client. The term ‘client’ means any natural or legal person with whom BMWE enters into an agreement to provide training, education or coaching, whether the client or a third party participates in the training. The participant can also be the client.
Article 2: Registration
2.1. Registration for a course or training is done by registration on this website www.bmwe.nl.
2.2. All training courses are held subject to sufficient registrations.
2.3. The contractor reserves the right to change the location; this is subject to the contractor’s assessment.
2.4. Registrations shall be considered in order of entry.
Article 3: Cancellation and modification
3.1. Cancellation of an order must be done by email. The date of sending shall be deemed to determine the date of notification.
3.2. In the event of a participant being prevented from attending, the client shall be entitled to send a replacement at the beginning of the relevant course, provided that the replacement meets the admission requirements.
3.3. Cancellation or shifting to another course date is possible, free of charge, up to 1 month (30 days) before the start. If cancelled between 30 to 8 days before the start date, 50% of the course fee will be charged. If cancelled 7 days or less before the start date, 100% of the course fee will be charged.
Article 4: Payment
4.1. In principle, the client must settle the entire claim within 14 days of the invoice date; in all cases 14 days before the start of the training.
4.2. Travel and accommodation costs are not included in the entry costs unless explicitly stated otherwise in the notification terms of the relevant training.
4.3. Payment in instalments is possible after deliberation. Collection and administration fees will be charged, depending on the total cost and the number of instalments. The claim of these instalments shall be collected by direct debit on the pre-agreed term date. The first instalment must be paid 14 days before the start date of the training.
4.4. If the payment term is exceeded, the client is in default. In the event of late payment, the client shall be obliged to reimburse BMWE for any reasonably incurred judicial and extrajudicial collection costs.
Article 5: Intellectual property
5.1. The copyright of the brochures, manuals, training materials, course books, training cards and any other written materials used in the training, hereinafter referred to as “materials”, published by BMWE, is owned by BMWE, unless another copyright holder is indicated in the material itself. Without the express written permission of BMWE, neither the client nor the participant shall publish or multiply, in any form, any data from the materials.
5.2. The copyright on quotations, reports, proposals, etc. arising from the work of BMWE is also exclusively owned by BMWE.
Article 6: Performance
6.1. If the contractor is unable to comply with the contract because of circumstances that were unknown to them when the contract was concluded, the contractor shall have the right to amend the contract in such a way as to enable it to be executed.
6.2. The contractor shall have the right to suspend performance of their obligations if, as a result of changes in the circumstances that were not reasonably foreseeable at the time of conclusion of the agreement and outside their sphere of influence, they are temporarily prevented from fulfilling their obligations. The contractor shall endeavour to ensure that planned training days continue at all times. In case of unforeseen circumstances, the contractor will (if possible) provide a replacement part of the training.
Article 7: Liability
7.1. BMWE is committed to conducting the given training to the best of its knowledge and ability.
7.2 The contractor shall exclude all liability for damages or accidents occurring at the contractor’s location, provided that no rules of mandatory law are opposed to this.
7.3. If a re-execution of the contract is not possible, the contractor’s liability is expressly limited to an amount equal to that which the contractor could, at least, have charged to the client in respect of that contract. Any further liability, in so far as it does not conflict with any rules of mandatory law, is therefore expressly excluded.
7.4. BMWE is not liable for indirect damages such as consequential damage, profit loss and damage due to business stagnation.
7.5. No rights can be derived from the contents of BMWE’s brochure, website and manuals.
Article 8: Other provisions
8.1. The contract between the contractor and the client is governed by Dutch law. The court to hear disputes between the contractor and the client shall be the competent court in the district where the contractor is established.