GENERAL TERMS AND CONDITIONS
DEFINITIONS
In the general terms and conditions, the following definitions apply:
Contractor: any natural or legal person with whom IB Academy has concluded an agreement with.
Pupil: every natural person who follows a course through an agreement with IB Academy. The student can, but does not have to, be the same person as the contractor.
Class location: the location where the course is given.
IB Academy: Hexagon Education B.V., registered with the Chamber of Commerce under number [87347563].
GENERAL PROVISIONS
2.1 The general terms and conditions apply to all activities, services, offers and agreements relating to the courses offered by IB Academy. Any changes can only be made in writing following a written approval from IB Academy.
2.2 In writing also includes the electronic communication by e-mail.
2.3 By registration, both the contractor and the pupil agree to the general terms and conditions of IB Academy. The contractor has the obligation to make the general conditions known to the student and is responsible for compliance with the general conditions by the student.
2.4 All offers and quotations made by IB Academy have a limited period of validity stated in the relevant offer or quotation. General written quotations, as mentioned on the organization's website, are valid until new quotations are published.
2.5 Personal data are carefully stored by IB Academy and are only accessible to IB Academy employees. The personal data will only be used for (also education-related) communication with the contractor and/or pupil. Contractor and pupil have the right to inspect their personal data.
2.6 The total or partial nullity or voidability of one or more provisions of the general terms and conditions does not affect the validity of the other provisions. In the event that a provision is (partially) void or voidable, IB Academy and the contracting party will consult with each other in order to reach a replacing agreement, the (legal) consequences of which, taking into account the content and scope of the relevant provision, may possibly correspond to those of the (partially) void or voidable provision.
2.7 In cases where the agreement with the contractor and the general conditions do not provide, the situation will be assessed in line with the terms and conditions. IB Academy has the decisive vote on this.
2.8 At the request of the contracting party or pupil, IB Academy will send a copy of the applicable general terms and conditions free of charge by mail or post.
DEVELOPMENT OF THE AGREEMENT
An agreement is considered valid when the pupil is registered by the contractor via the appropriate form on the IB Academy website and when IB Academy has accepted the registration in writing with a confirmation to the contractor.
CONTRACTOR'S OBLIGATIONS
4.1 The contractor is expected to provide IB Academy with all relevant information of themselves and the pupil(s) in order for the activities and services to be carried out. This obligation includes, but is not limited to, the provision of correct contact details and payment details. Any changes will be communicated in time to IB Academy in writing.
4.2 Contractor informs the pupil(s) of the applicable general terms and conditions and the (additional) rules of conduct used by IB Academy. Contractor is responsible for compliance with the general conditions and the (additional) rules of conduct by pupils. These rules of conduct are made known and also made available online to both contractor and student. IB Academy reserves the right to change the rules of conduct at any time.
4.3 Contractor will, when registering a pupil, notify any relevant information regarding health issues (dietary requirements, medicine use, etc.) to IB Academy where necessary. In case of an accident, IB Academy will immediately contact the contractor.
4.4 With enrollment of pupil, the contractor gives permission for pupils outside class time to leave the course location without supervision. Pupil is fully responsible and IB Academy is in no way liable for any damage arising outside class time and/or outside the class location.
PUPIL'S OBLIGATIONS
5.1 Pupil is obliged to comply with all reasonable instructions from (the employees of) IB Academy. The student is obliged to behave cooperatively.
5.2 Pupil is responsible for correctly informing (the employees of) IB Academy about current school results and problem points.
5.3 Pupil is prohibited from consuming alcohol or drugs during the entire. The pupil is expected to behave respectfully towards others, including the employees and teachers of IB Academy, staff and the other students.
5.4 In the event of violation of the rules of conduct or the obligations of the student as described in the general terms and conditions, IB Academy is entitled to deny student access to the class location and further participation in the program with immediate effect. In that case, IB Academy will contact the contractor directly to arrange the departure or the return trip of the student. Contractor is not entitled to a refund of the amount already collected.
5.5 Attendance requirements apply to all lessons of the course(s) that the pupil is enrolled in. Pupils are also expected to do the assigned work.
OBLIGATIONS OF IB ACADEMY
6.1 IB Academy has an obligation of effort towards pupil and contractor, but explicitly does not have an obligation of result. IB Academy offers no guarantee for study results, the success of the course and/or the success of the student. IB Academy accepts no liability for any disappointing results or failings of student.
6.2 IB Academy has the right to cancel the course for which the student is registered if the teacher is unexpectedly ill and no replacement can be arranged. In this case, the contractor will receive back the fully paid course fee. In case of cancellation, IB Academy is not liable for any other costs incurred by the contractor or student as a result of the cancellation.
6.3 IB Academy has the right to cancel the course for which the student is enrolled if no more than four persons are enrolled for the relevant course. Contractor and student will be informed of this at the latest fourteen days before the planned start of the course. In that case, IB Academy will return the fully paid course fee to the contractor. In case of cancellation, IB Academy is not liable for any other costs incurred by the contractor or student as a result of the cancellation.
PAYMENT TERMS
7.1 Contractor must pay within no more than fourteen days after student registration by means of online booking or invoice arrangements. If registration takes place within fourteen days before the start of the course, the payment must be received by IB Academy before the start of the course at the latest.
7.2 An automatic payment obligation arises upon registration. IB Academy will send an invoice by e-mail to the e-mail address specified by the contractor.
7.3 In the event of late payment of the indebted amount, the contractor will receive a reminder by post or e-mail. If (full) payment is not made up to fourteen days after the date of this reminder, IB Academy can exclude pupils from participating in the course for which they are enrolled. If the pupil is enrolled within fourteen days before the start of the course and payment is not made in time, the pupil will be excluded from participation in the course for which he or she is enrolled.
TERMINATION OF THE AGREEMENT
8.1 The contract can be terminated in writing by the contractor within 14 days after registration. There are no costs associated with this, unless the course for which the student is enrolled will start within fourteen days from the day of termination. In that case, an amount of 35% of the course fee will be charged to the contractor. If termination is made later than fourteen days after registration, an amount of 35% of the course fee will be charged to the contractor. Accommodation fees are non-refundable.
8.2 The reason for termination is irrelevant for the purposes of paragraph 1.
8.3 The agreement can be dissolved by IB Academy immediately and without any obligation to pay a refund due to weighty circumstances. In any case, this means:
a) Not adhering to the rules and/or general conditions by the contractor and/or pupil.
b) What is stipulated in Article 6:75 of the Dutch Civil Code regarding force majeure.
LIABILITY
9.1 Contractor is liable towards IB Academy for all damage that IB Academy suffers due to the actions of the contractor and/or pupil. Contractor indemnifies IB Academy against any claims by third parties that suffer damage in connection with the execution of the agreement that is attributable to the contractor and/or pupil.
9.2 If the contractor is liable, then this liability is limited to what is regulated in this article. The limitations in this article do not apply if the damage is the result of intent or gross negligence of (the employees of) IB Academy. Liability of IB Academy is at all times limited to the amount for which IB Academy is insured.
9.3 Contractor and pupil are considered to be insured (civil liability, travel and cancellation insurance). IB Academy is not liable for damage for which insurance provides cover.
9.4 IB Academy accepts no liability for loss, theft, loss or damage to items or goods of pupils during a visit at the class location and/or (if applicable) the residence location.
9.5 IB Academy is not liable for damage caused by IB Academy assuming incorrect and/or incomplete information provided by the contractor and/or student.
INTELLECTUAL PROPERTY AND COPYRIGHTS
10.1 IB Academy reserves the rights and competences that follow under the Copyright Act.
10.2 Neither pupil nor contractor is permitted to reproduce and/or publish the materials provided by IB Academy, such as provided course materials, as well as student notes made during the course given by IB Academy, without duplicating and/or publishing prior written permission from IB Academy and/or to notify third parties.
COMPLAINTS, DISPUTES AND APPLICABLE LAW
11.1 If the contractor or pupil has a complaint against (an employee of) IB Academy, the contractor must immediately notify IB Academy of this in writing via the e-mail address mentioned on our website. IB Academy will then enter into a dialogue with the contractor (and student) as soon as possible.
11.2 The parties will only appeal to the court after they have first tried to settle a dispute in mutual consultation.
11.3 Disputes can only be submitted to the competent court in the Netherlands. Dutch law is exclusively applicable to the general terms and conditions and the agreement.