GENERAL TERMS AND CONDITIONS HORECA ACADEMY
Article 1. Definitions
In the following, the following terms are defined as follows:
a. Horeca Academy: the companies falling under the Horeca Academy group, including Horeca Academy and Leermeester.nu.
b. Client: the party negotiating with the Horeca Academy for the provision of an assignment or having provided an assignment to the Horeca Academy.
c. Assignment: the client’s assignment to the Horeca Academy for the provision of services and/or the delivery of products.
d. Product/Service: for example, a product or service provided by the Horeca Academy, such as a course, training, retraining, study or theme day, seminar, workshop, teaching materials, exams, coaching trajectory, recognition of prior learning (EVC), licenses, congress.
e. Participant: the person using a product or service.
f. Registration: the registration of a participant for a service offered by the Horeca Academy.
g. Teaching Materials: course, lesson, or instructional material, documentation, dictations, syllabi, or any other material in any form whatsoever used for the execution of an assignment.
Article 2. Applicability
2.1 All quotations and offers from the Horeca Academy and all agreements concluded by the Horeca Academy are subject to the most recent version of these terms and conditions, as deposited with the Chamber of Commerce (hereinafter: the “general terms and conditions”), unless expressly deviated from in writing between the parties.
2.2 By registration or by providing an assignment, the client accepts the applicability of these general terms and conditions.
2.3 If the client ensures the registration of the participant, the client undertakes towards the Horeca Academy to make these General Terms and Conditions known to the participant and to impose them. The client indemnifies the Horeca Academy against all claims from a participant in case the Horeca Academy cannot invoke the provisions of these General Terms and Conditions due to the client’s breach of this obligation.
Article 3. Agreements
3.1 All statements and/or mentions regarding the services and products, such as the duration, scope, and technical execution of the Teaching Materials or other works, are made to the best knowledge of the Horeca Academy but may deviate.
3.2 Minor errors in the Teaching Materials or other works produced by the Horeca Academy, including typographical errors that have no consequences for the editorial content or the illustrations, graphics, etc. of the material, cannot be a reason for disapproval of the Teaching Materials and/or the service/product, nor for refusal of delivery or amendment of the agreed price.
3.3 The Horeca Academy reserves the right to make changes to the program and/or location and/or time or to replace a teacher. Participants are informed in advance of any changes to be made to a service, as far as known in a timely manner by the Horeca Academy.
Article 4. Prices
4.1 All prices mentioned are exclusive of VAT. Any change in the VAT rate is for the account of the client.
4.2 The prices of third parties mentioned in quotations and agreements are only binding on the Horeca Academy if and insofar as binding agreements are made with these third parties in this regard.
4.3 Changes to an assignment at the client’s request may result in an adjustment to the agreed price and/or the original schedule and delivery time. The changes do not provide grounds for dissolution.
4.4 The Horeca Academy reserves the right to adjust the agreed and/or quoted prices. The Horeca Academy undertakes to inform the client of intended changes. The Horeca Academy undertakes to inform the client of intended changes.
Article 5. Delivery, Delivery Time
5.1 All delivery times mentioned by the Horeca Academy are determined to the best of its knowledge based on data known to it at the conclusion of the agreement and will be observed as much as possible but are never to be considered as a strict deadline unless expressly agreed otherwise in writing.
5.2 The Horeca Academy is not bound by delivery times that cannot be realized due to circumstances that have occurred after the conclusion of the agreement.
Article 6. Payment
6.1 Unless otherwise agreed, invoices must be paid to the Horeca Academy by deposit or transfer to an account indicated by the Horeca Academy within thirty days of the invoice date. The client is not allowed to suspend or set off invoices against other invoices.
6.2 Default in Payment
If payments are not made within the specified period, the client is given an additional period of 14 days to settle the claim. In case of non-performance or late performance, the client is in default without further notice or demand being required. Legal (commercial) interest is due, and all judicial and extrajudicial collection costs are for the account of the client. For extrajudicial collection costs, the Horeca Academy applies the legal scale of the Collection Costs Act, applicable on the invoice date.
6.3 Security for Payment
The Horeca Academy has the right to demand security for payment from the client both before and after the conclusion of an agreement.
6.4 Invoice Verification by Horeca Academy
Invoices from third parties engaged by Horeca Academy on behalf of the client are verified by the Horeca Academy. Upon approval of these invoices, they must be paid by the client within the specified period. If the Horeca Academy has already paid these invoices on behalf of the client, the related costs are due to the Horeca Academy, and the client will settle them upon the first request from the Horeca Academy.
Article 7: Participants, Course, Teaching Materials
7.1 Admission Standards
Horeca Academy applies admission standards for some services. In collaboration with a client, the selection of participants is primarily left to the client, following the admission standards provided by the Horeca Academy as much as possible.
7.2 Exclusion of Participants
The Horeca Academy has the right to exclude participants who, through their behavior or otherwise, obstruct the normal course of the offered services from further participation in the relevant service. Exclusion does not affect the obligation to pay.
7.3 Repeat Offer of Services
The Horeca Academy is not obligated to offer services again for participants who were prevented from attending.
7.4 Duplicates of Teaching Materials
The Horeca Academy is not obligated to provide duplicates of teaching materials.
7.5 Safety Information for On-Site Work
If employees of the Horeca Academy perform work on the client’s premises, the client must inform the Horeca Academy in writing in advance about possible hazards. In addition, the Horeca Academy must be sufficiently informed about the measures taken by the client to reduce these hazards and prevent accidents.
Article 8: Intellectual Property Rights
8.1 Copyright and Intellectual Property
The copyright and any other intellectual property rights in teaching materials or other work produced by the Horeca Academy arising from or related to an assignment or course belong to the Horeca Academy, unless agreed otherwise in writing.
8.2 Use of Teaching Materials
The teaching materials or other work produced and/or made available by the Horeca Academy are solely for the client’s and participant’s personal use. Modification, reproduction, disclosure, or provision to third parties without the written permission of the Horeca Academy is not allowed.
8.3 Prohibition on Developing Similar Service
The client may not develop or provide a similar service based on the services provided by the Horeca Academy and the teaching materials used, either independently or in collaboration with third parties, without the express written permission of the Horeca Academy.
Article 9: Liability
9.1 Damage to Property
Horeca Academy is not liable for damage to (personal) property of the participant or client.
9.2 Care of Teaching Materials
All teaching materials or other work developed and/or compiled by the Horeca Academy are carefully and to the best of their knowledge assembled. However, the Horeca Academy accepts no liability for damage of any kind resulting from actions and/or decisions based on these materials and works.
9.3 Liability for Services under the Client’s Name
If the service is offered under the name and responsibility of the client, the Horeca Academy accepts no liability for damage occurring to participants, teachers, speakers, and other third parties as a result of the service, another event, and/or its organization. The client indemnifies the Horeca Academy against such claims.
9.4 Use of Provided Data
Any data provided by the client and/or participant to the Horeca Academy may be freely used by the Horeca Academy in the execution of the assignment, unless otherwise agreed in writing.
9.5 The Horeca Academy never guarantees that a particular service meets the requirements for eligibility for a tax scheme. The Horeca Academy is in no way liable for the non-awarding of tax benefits to the client or a participant that may result from certain courses under certain conditions.
9.6 Unless there is intent or gross negligence on the part of the Horeca Academy or its executives, the liability of the Horeca Academy for damage attributable to the Horeca Academy is in all cases limited to the total amount of the amounts due to the Horeca Academy under the relevant part of the agreement from which the liability arises. Liability is also limited to direct damage. Liability for indirect damage, including, in any case, loss of profit, consequential damage, and missed savings, is excluded.
Article 10: Cancellation
10.1 In case of insufficient registrations for a service, at the sole discretion of Horeca Academy, Horeca Academy reserves the right to cancel the service at any time and decline a registration without being obligated to compensate for damages or costs.
10.2 Cancellation of participation in a service by a participant can only be done in writing. The following regulation applies to this cancellation: cancellation can be done free of charge up to four weeks before the start of the service. From four weeks to two weeks before the start, an amount of 50% of the total invoice amount is due. If less than two weeks before the start, the entire invoice amount is due.
10.3 The client is authorized to cancel the agreement in writing up to one month before the date of the service, in which case the client is obligated to pay Horeca Academy the costs of the hours and expenses already incurred by Horeca Academy for the execution of the agreement. The client must also reimburse all costs of third parties engaged by Horeca Academy for the event, either directly to these third parties or to Horeca Academy if Horeca Academy engaged these third parties on its own behalf. Furthermore, the client owes Horeca Academy a fixed compensation equal to 15% of the net total amount of the fees for the services of Horeca Academy included in the agreement.
10.4 In the event of cancellation of the agreement by the client less than one month before the start of the service, the client owes the full agreed total amount, without prejudice to the right of Horeca Academy to claim compensation for actual damages.
Article 11: Force Majeure
11.1 In case of force majeure, both of a permanent and temporary nature, Horeca Academy is entitled to wholly or partially dissolve the agreement or temporarily suspend it, without the client being able to claim performance and/or compensation.
11.2 Force majeure includes, but is not limited to, the danger of war, war, rebellion, riots, strikes, boycotts, business disruptions, disruptions in traffic or transport, measures by government authorities, scarcity of raw materials, natural disasters, fire, nuclear reactions, machinery breakdown, illness, or impediment of another nature of an executor and, in general, all circumstances under which the performance of the agreement by Horeca Academy cannot be reasonably and fairly demanded.
11.3 Any funds prepaid by the client will be refunded by Horeca Academy in that case on a pro-rata basis, after deducting 20% of the total invoice value as compensation for costs already incurred by Horeca Academy. If the amount already paid is less than 20% of the total invoice value, no refund will be made.
Article 12: Termination
12.1 Horeca Academy, without being obliged to pay any compensation, can terminate the agreement by registered letter with immediate effect and without judicial intervention if:
a. The client applies for a suspension of payments or bankruptcy, is declared bankrupt, offers an extrajudicial settlement, or otherwise loses free disposal over his assets;
b. The client ceases its activities, ceases to pursue its statutory purpose, decides on liquidation, otherwise loses its legal personality, or transfers or merges its business;
c. The client fails to fulfill one or more obligations arising from the relevant agreement, not in a timely or proper manner, and does not remedy this negligence within 30 days after being urged to do so by Horeca Academy in writing or by email.
12.2 The provisions of the preceding paragraph do not affect the other rights legally belonging to Horeca Academy in case of default by the client, such as the right to demand performance and/or compensation.
Article 13: Non-competition
13.1 The client is prohibited, without the written consent of Horeca Academy, from approaching employees of Horeca Academy (regardless of their function and/or specialization) within 12 months after termination of any assignment to perform similar activities for the client, and/or offering any form of (including but not limited to) an employment agreement, either for a definite or indefinite period. These provisions also apply to any third parties engaged by Horeca Academy who perform the assigned activities on behalf of Horeca Academy.
13.2 In case of a violation of the stipulation in subclause 1, the client incurs an immediately payable penalty of EUR 50,000, as well as a penalty of EUR 1,250 for each day that this violation continues, with a maximum of EUR 250,000.
Article 14: Competent court and applicable law
14.1 All disputes will be brought before the competent court in The Hague.
14.2 Dutch law applies to the agreement.