GENERAL TERMS AND CONDITIONS
De Horeca Academie B.V. (including Leermeester.nu)
Part of SVO Vakopleiding Food
Registered office: Diepenhorstlaan 2E, 2288 EW Rijswijk
Chamber of Commerce number: 52324494
Article 1. Definitions
a. De Horeca Academie: De Horeca Academie B.V., including Leermeester.nu, hereinafter collectively referred to as “De Horeca Academie”.
b. Client: any natural or legal person who enters into, or negotiates the conclusion of, an agreement with De Horeca Academie.
c. Assignment: the agreement under which De Horeca Academie undertakes to perform services or deliver products to the client.
d. Product or Service: all activities offered by De Horeca Academie, including programmes, courses, training, refresher courses, workshops, theme days, seminars, examinations, coaching programmes, Recognition of Prior Learning (RPL), licenses and other learning or development activities.
e. Participant: the person who actually takes part in a product or service offered by De Horeca Academie.
f. Registration: the enrolment of a participant for a product or service provided by De Horeca Academie.
g. Learning Materials: all teaching, study or training materials used in the performance of an assignment, in any form, whether physical or digital.
Article 2. Applicability
2.1 These general terms and conditions apply to all offers, quotations and agreements between De Horeca Academie and the client, unless expressly agreed otherwise in writing.
2.2 By submitting a registration or entering into an assignment, the client agrees to these terms and conditions.
2.3 If the client registers participants, the client is obliged to inform those participants of these general terms and conditions and ensure their acceptance. The client indemnifies De Horeca Academie against any claims by participants if De Horeca Academie cannot invoke these terms due to the client’s failure to communicate them properly.
2.4 The most recent version of these general terms and conditions is available on www.horecaacademie.nl.
Article 3. Agreement
3.1 All information regarding products or services, such as duration, scope, content and learning materials, is provided with care by De Horeca Academie. Minor deviations may, however, occur.
3.2 Minor errors in learning materials or other content do not entitle the client to reject or modify the agreed price.
3.3 De Horeca Academie reserves the right to change programmes, locations, dates or instructors when necessary. Participants will be informed in a timely manner.
Article 4. Prices
4.1 All prices are exclusive of VAT, unless stated otherwise. Changes in VAT rates will be passed on to the client.
4.2 Prices based on information from third parties are binding only insofar as binding agreements have been made with those parties.
4.3 Changes requested by the client may result in adjustments to price or planning and do not entitle the client to terminate the agreement.
4.4 De Horeca Academie reserves the right to adjust prices. The client will be informed in advance of any intended price changes.
Article 5. Delivery and Delivery Time
5.1 The delivery times stated are determined to the best of De Horeca Academie’s knowledge and will be observed as much as possible, but are not binding unless agreed otherwise in writing.
5.2 De Horeca Academie is not liable for delays caused by circumstances beyond its control.
Article 6. Payment
6.1 Invoices must be paid within thirty days of the invoice date. Suspension or set-off by the client is not permitted.
6.2 If payment is not made within this term, an additional period of 14 days applies. After this period, the client will be in default and statutory interest and collection costs will be charged in accordance with Dutch law.
6.3 De Horeca Academie may at any time require security for payment, both before and after entering into the agreement.
Article 7. Participants and Learning Materials
7.1 De Horeca Academie may apply admission requirements for participation in certain services. The client must take these into account when registering participants.
7.2 De Horeca Academie may exclude participants from further participation in case of misconduct or disruption of the learning process, without entitlement to a refund.
7.3 Services will not be repeated for participants who were unable to attend.
7.4 De Horeca Academie is not obliged to provide duplicate learning materials.
7.5 Digital learning materials and online learning environments are personal and non-transferable. Access is valid only for the duration of the course or programme.
Article 8. Intellectual Property
8.1 All intellectual property rights to learning materials and other content remain the property of De Horeca Academie.
8.2 It is not permitted to copy, distribute or make available these materials to third parties without written consent from De Horeca Academie.
8.3 Clients may not, without written permission, develop similar training programmes or courses based on materials or services provided by De Horeca Academie.
Article 9. Liability
9.1 De Horeca Academie exercises the utmost care in its services and materials. However, it is not liable for any damage resulting from improper use of the provided information.
9.2 Liability for indirect damage, including but not limited to loss of profit or consequential damage, is excluded.
9.3 If De Horeca Academie is liable, such liability is limited to the invoice amount of the relevant assignment.
9.4 De Horeca Academie is not responsible for damage to the property of participants or clients.
Article 10. Cancellation
10.1 De Horeca Academie reserves the right to cancel a course or training in the event of insufficient enrolments, without being obliged to pay any compensation.
10.2 Cancellation by the client or participant must be made in writing. Up to four weeks before the start date, cancellation is free of charge. Between four and two weeks prior to the start date, 50% of the invoice amount is due. Within two weeks of the start date, the full amount is due.
Article 11. Force Majeure
11.1 In the event of force majeure, De Horeca Academie may suspend or terminate the agreement without being liable for damages.
11.2 Force majeure includes, but is not limited to, illness of instructors, failures in digital systems, pandemics, government measures, or other circumstances beyond the control of De Horeca Academie.
11.3 Where possible, De Horeca Academie will resume performance at a later date or offer a reasonable alternative.
Article 12. Termination
12.1 De Horeca Academie may terminate the agreement with immediate effect if the client is declared bankrupt, applies for suspension of payment, or fails to meet its obligations.
12.2 Termination does not affect De Horeca Academie’s right to claim payment of any outstanding amounts.
Article 13. Non-competition
13.1 Without written consent from De Horeca Academie, the client shall not approach any of De Horeca Academie’s employees to perform work for them within six months after completion of the assignment.
13.2 In case of violation, the client shall owe a fixed penalty of EUR 10,000, plus EUR 250 for each day the violation continues.
Article 14. Applicable Law and Jurisdiction
14.1 All agreements are governed exclusively by Dutch law.
14.2 Disputes will be submitted to the competent court in The Hague.