General terms and conditions
In these general terms and conditions, the following terms shall have the following meanings:
1.1: DELTA Safety Training: the private company with limited liability DELTA Safety Training B.V., established in Rotterdam.
1.2: Client: an opposite party, natural or legal person, who is negotiating with DELTA Safety Training about the provision of an instruction, or who has issued an instruction to DELTA Safety Training.
1.3: Assignment: the agreement between DELTA Safety Training and a principal, including the provision of a course, the production and supply of educational materials in any form whatsoever and/or to perform other services such as consultancy, secondment and examination, all in the broadest sense of the word.
1.4: Course: an educational activity, training, retraining, study or information day, workshop or any other form of training provided by DELTA Safety Training within the framework of an assignment.
1.5: Participant: a natural person who registers with DELTA Safety Training or is registered by a client to attend a course, inspection or examination.
1.6: Teaching materials: course, teaching or instruction materials, documentation, dictations, syllabi, certificates of participation, diplomas or any other material in any form whatsoever which is provided for the execution of a course or assignment.
1.7: Consumer: an other party, natural person, not acting in the exercise of a profession or business.
2.1: These conditions apply to all legal relations between DELTA Safety Training and principals/participants, including all agreements, offers and/or quotations from DELTA Safety Training and registrations for courses, examinations and/or tests.
2.2: If the principal is responsible for the participant's enrolment, the principal undertakes to inform DELTA Safety Training of these conditions for participants and to impose them on the participant for the benefit of DELTA Safety Training. The principal shall indemnify DELTA Safety Training against all claims by the participant, however named, if DELTA Safety Training cannot invoke the provisions of these conditions against the participant due to the principal's breach of the aforementioned obligations.
3. Tenders, conclusion, execution and amendment of agreement
3.1: All offers and quotations made by DELTA Safety Training are without obligation.
3.2: DELTA Safety Training will exercise the care of a good contractor in the execution of the agreement.
3.3: If and to the extent that DELTA Safety Training deems it necessary for the proper (and/or timely) execution of the agreement, DELTA Safety Training has the right to have certain work carried out by persons of its choice, including third parties.
3.4: The client shall ensure that all information which DELTA Safety Training indicates is necessary or which the client should reasonably understand is necessary for the execution of the agreement (including the registration of participants with full names, date and place of birth) is provided in good time to DELTA Safety Training. If DELTA Safety Training has not been provided with the information required for the execution of the agreement, DELTA Safety Training has the right to suspend the execution of the agreement and/or charge the client for the costs arising from the delay in accordance with the rates agreed with the client, or in the absence of such rates, the usual rates of DELTA Safety Training.
3.5: DELTA Safety Training will only collect personal data which is necessary for the execution of the agreement and the provision of a proper service to the client and will keep this data in a protected environment.
3.6: The client is aware that DELTA Safety Training only collects the necessary personal data and grants DELTA Safety Training the right to retain this personal data.
3.7: DELTA Safety Training will only share personal information with third parties if it is necessary for the execution of the agreement.
3.8 DELTA Safety Training is not liable for damage of any kind arising from the use by DELTA Safety Training of inaccurate and/or incomplete information provided by the client, unless such inaccuracy or incompleteness was or should have been known to DELTA Safety Training.
3.9: If it has been agreed that the agreement will be performed in stages, DELTA Safety Training may suspend the performance of those parts that belong to a subsequent stage until the client has approved in writing the results of the preceding stage.
3.10: If the instruction includes an agreed time limit for the completion of certain work, this will not be a firm deadline unless expressly agreed otherwise. DELTA Safety Training shall not be in default until it has been placed in default in writing after the expiry of the aforementioned term and has been allowed a reasonable period of time to complete the work, which has not been used.
3.11: If during the execution of the assignment it becomes apparent that the work to be carried out needs to be altered or supplemented in order to ensure its proper execution, the parties will adapt the agreement accordingly in good time and in mutual consultation, whereby they will also specify the consequences of such adaptations for the price, quality and time of execution of the work. DELTA Safety Training will inform the client of such consequences as soon as possible. Adjustments to the original instruction will not be binding on DELTA Safety Training until after they have been confirmed in writing by DELTA Safety Training or have actually been carried out by it.
4. Rates and prices
4.1: DELTA Safety Training is at all times entitled to alter the agreed rates and/or prices. If DELTA Safety Training's client is a consumer he has the right to dissolve the agreement if the price increase is within three months of the conclusion of the agreement. The client has the right to cancel the agreement immediately if the price increase is more than 10%.
4.2: All prices are exclusive of VAT unless expressly stated otherwise. DELTA Safety Training is entitled to pass on any change in the VAT rate to the other party.
5.1: Unless otherwise agreed in writing (in the order confirmation) DELTA Safety Training's invoices must be paid no later than 5 days prior to the course or examination, without discount or deduction.
5.2: If payment is not made in due time, the client shall be in default without any notice of default being required. The principal shall be liable for interest on the outstanding amounts from the due date of the invoice until the date of payment in full at the annual rate of the statutory interest rate applicable plus 3%.
5.3: In the event of the liquidation, bankruptcy or suspension of payments of the principal or if a debt rescheduling arrangement is pronounced in respect of the principal, the obligations of the principal shall become immediately due and payable.
5.4: Payments made by the client shall always serve to settle firstly any interest and costs due and secondly any invoices due and payable which have been outstanding the longest, even if the client states that the payment relates to a later invoice.
5.5 In the event of non-payment or late payment, all judicial procedural and execution costs, as well as the administrative and extrajudicial collection costs, including the costs of drawing up and sending reminders, submitting settlement proposals and obtaining information, shall be for the account of the principal. The extrajudicial collection costs amount to at least 10% of the invoice amount including VAT, with a minimum of € 150.00.
5.6: All products delivered, including educational materials, remain the property of DELTA Safety Training until such time as full payment is received for all sums owed by the other party to DELTA Safety Training in respect of the delivery, including interest and costs.
5.7: Certificates or diplomas obtained will only be issued upon receipt of full payment of the invoice including any interest and costs.
6. Accuracy of the information provided
6.1: All specifications and/or statements regarding the services and products, such as (but not limited to) the duration of the course, the scope and technical execution of the educational material or other works/aspects of the service(s) provided by DELTA Safety Training, are made to the best of DELTA Safety Training's knowledge. Slight deviations from these specifications do not constitute grounds for cancellation. This also applies to deviations/changes in the content of certain training courses and/or validity of certificates issued or to be issued, if/when DELTA Safety Training was reasonably unaware of the deviations in question at the time of providing the information to the principal or potential principal(s).
6.2: Minor errors in the educational materials or other works produced by DELTA Safety Training, including typographical errors which do not affect the editorial content, shall not constitute grounds for dissolution. Such errors will never constitute grounds for compensation.
7. Admission to classes
7.1 DELTA Safety Training reserves the right to refuse participants access to a course on the basis of the entry requirements for the course in question, at its own discretion. DELTA Safety Training will notify the principal of these admission requirements, if possible, at the time of the quotation and in any case well in advance of the commencement of the course concerned. If a participant is refused a course, DELTA Safety Training will invoice the principal for the costs of the - non taken - course, if DELTA Safety Training has been informed of the entry requirements in advance, since DELTA Safety Training cannot fill the vacant training place with another participant at short notice. Admission to a course does not imply any guarantee on the part of DELTA Safety Training that the participant in question will successfully complete the course or obtain a certificate.
7.2: DELTA Safety Training has the right to exclude participants who, by their behaviour or otherwise, obstruct the normal course of the course from further participation. Exclusion does not affect the obligation to pay the course fee in full.
7.3: Participants must keep to the dates and times given in the lessons. DELTA Safety Training is not obliged to repeat parts or all of the lessons for participants who have been unable to attend. The fees for the course, including those for the parts that have been missed, remain payable by the participant to DELTA Safety Training.
8. Force majeure
8.1: Force majeure is understood to mean: circumstances which prevent the fulfilment of the commitment and which cannot be attributed to DELTA Safety Training. These circumstances include (if and to the extent that they render DELTA Safety Training's performance impossible or unreasonably difficult): strikes at companies other than DELTA Safety Training, wild and/or political strikes at DELTA Safety Training, a general lack of raw materials and other items or services required to achieve the agreed performance; unforeseeable stagnation at suppliers or other third parties on which DELTA Safety Training depends and general transport problems.
8.2: DELTA Safety Training also has the right to invoke force majeure if the circumstance preventing (further) performance of the agreement with the principal occurs after DELTA Safety Training should have fulfilled its commitment.
8.3: If the period in which DELTA Safety Training's performance of its obligations is delayed exceeds 30 (thirty) days, both parties shall be entitled to dissolve the contract, in whole or in part, without there being any obligation to pay damages.
8.4: If DELTA Safety Training has already partially discharged its obligations at the onset of the force majeure event, or can only partially discharge its obligations, it is entitled to separately invoice the part already delivered or the 'deliverable' part and the other party is obliged to settle this invoice as if it were a separate contract.
9.1: DELTA Safety Training's liability for personal or bodily injury is limited to the amount of the payment made by the insurance company to the extent that this liability is covered by its insurance policy, plus the amount of the excess payable by DELTA Safety Training. If the insurance has no cover or does not pay out, DELTA Safety Training's liability is limited to the amount of the invoice issued to DELTA Safety Training for the work for which the incident occurred.
9.2: Notwithstanding the provisions of article 9.1) DELTA Safety Training is not liable for any other damage, however named, including damage occurring during or as a result of the use of the educational materials compiled by DELTA Safety Training and/or for damage occurring during the attendance of lessons.
9.3: The limitations and exclusions set out in 9.1 and 9.2 do not apply if the damage is the result of intent or deliberate recklessness on the part of (employees of) DELTA Safety Training.
9.4: DELTA Safety Training is not liable for any indirect damage and/or consequential damage caused by the failure of a person to be properly certified as having taken a course with us, which has delayed or prevented work from being carried out.
10. Insufficient number of registrations; Cancellation
10.1: If there are insufficient registrations for a course, DELTA Safety Training has the right to reschedule or cancel the course without being liable for any compensation for damages and/or costs. DELTA Safety Training shall inform the participant(s) and/or principal(s) of the postponement or cancellation no later than one calendar week before the originally planned commencement of the course. Only in the event of cancellation will the course fee already paid be refunded.
10.2: The client may, when making a booking, move participation in a course once free of charge (only in writing and by e-mail), up to 5 working days before the course date, provided that the change is communicated in writing at least 5 working days before 00:00 on the day of the start of the course. In case of a second change for the same course participant/course combination, 50% of the course fee will be charged. Cancellation of a booking is possible free of charge up to 10 working days prior to 00:00 on the starting date of the course, after which the full (price) amount of the booking is due, unless different arrangements have been made between the client and the provider.
10.3: In case of 'Group Training'/'In Company' training, the following deviating conditions apply:
- a) A group training course can be cancelled or rescheduled free of charge up to 10 working days in advance.
- b) If a group training course is cancelled or postponed up to 5 working days before it is due to start, 50% of the agreed total price will be charged.
- c) If a group training course is cancelled within 5 working days before the start date, 75% of the total price will be charged.
- d) In case of cancellation/relocation of one or more participants in a group training course, a solution will be found for each situation. The guideline here is that with a lower number of participants the price per person - for those who attend the course - will be higher.
11.1 Both parties are obliged to keep confidential all confidential information they have obtained within the framework of their agreement from each other or from another source. Information is deemed to be confidential if the other party has indicated this or if this follows from the nature of the information.
12. Intellectual Property
12.1: Notwithstanding the provisions of article 11 (confidentiality) of these terms and conditions, DELTA Safety Training reserves the rights and powers vested in it under the Copyright Act.
12.2: All documents provided by DELTA Safety Training, such as educational materials, presentations, advice, reports, sketches, designs, software, data carriers, etc. are exclusively intended to be used by the client within the framework of the agreement and may not - without the prior consent of DELTA Safety Training - be duplicated, distributed to third parties or made public in any other way.
12.3 DELTA Safety Training also reserves the right to use knowledge acquired in the course of its activities for purposes other than the execution of the agreement, to the extent that no confidential information is disclosed to third parties.
13. Dispute Resolution
13.1: The court in Rotterdam has exclusive jurisdiction over all disputes which may arise between DELTA Safety Training and the principal or the participant. DELTA Safety Training is entitled to summon the client or participant to appear before the competent court at the place of residence of the client or participant.
14. Applicable law
14.1: Dutch law is applicable to any agreement between DELTA Safety Training and the client.
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