General Terms and Conditions

1. Applicability

These General Terms and Conditions apply to all study agreements of Classmate, and furthermore to all tenders, promotions and services of Classmate, as they do not deviate from article 1, paragraph B. These General Terms and Conditions will be published upfront or when entering into the study agreement to the customer. A copy of the General Terms and Conditions can be requested free of charge by the customer. The General Terms and Conditions are also available on www.Classmate-horeca.nl.
Deviations from the General Terms and Conditions shall only be accepted if they have been expressly agreed in writing by Classmate and the customer.
By registering for a course/training the customer automatically accepts the applicability of the General Terms and Conditions. Classmate expressly rejects the applicability of the customer’s Terms and Conditions.
In these General Terms and Conditions, communications made in writing are also understood to include those sent by e-mail, website or another electronic medium.
In case these General Terms and Conditions do not foreseen, the management of Classmate will engage in dialogue with the customer and try to find a solution within reason.

2. Registration

Your registration is strictly personal. By registering via internet, phone or e-mail, you agree with the General Terms and conditions. In case the customer is not the student, the customer guarantees that the student is informed about the study agreement and that he/she will commit to the regulations from this agreement.
The student can be held jointly and severally liable for the payment of the course/training, even if it is company registration.
Every student receives after registration a confirmation by e-mail and/or post. This confirmation confirms all applicable details, for example: the type of course/training, the starting date, the hours and the location. The study agreement is applicable as soon as Classmate has received the registration.
From that moment, the complete course/training and/or exam must be fully paid, regardless of whether the course/training and/or exam will be followed completely or partly. All this taking into account the provisions of article 12 (cancellation policy).

3. Course/training on location

Classmate reserves the right to:
1. Relocate a course/training in the same city or surrounding area of the original course/training location in case the planned course/training location cannot happen. No objection can be raised in this case.
2. Merge a group with a group from another location or to reschedule to a later date in case a course/training has not sufficient registrations. Classmate will offer a proposal in this case to the student oral and/or in writing.
3. Reschedule the course/training in case the professor is indisposed or ill. Classmate will offer a proposal in this case to the student oral and/or in writing.
The student may or may not accept the proposal, as referred to in points 2 and 3. After acceptation of the proposal, orally and/or in written, the student will receive a new confirmation. In this case, there is no question of a new reflection period. From the moment of acceptation, the cancellation policy as mentioned in article 12 from subsection D applies. The student does not claim any compensation for any damage suffered.

4. Course/training rules

Every student needs to conform to all decisions and measures which Classmate has taken in general. In case a student misbehaves during the course/training, the professor can deny further participation of the course/training. The student may not request restitution or reduction of the course/training and/or exam fee.
It is not allowed to smoke during the course/training. The student may smoke during the breaks.
Classmate reserves the right to hire an authorized course/training company to give a certain course/training.
During a course/training on location, you make use of a full day, half day or evening arrangement. The full day arrangement includes room rental, various drinks and a lunch. A half day or evening arrangement includes room rental and various drinks.

5. Payment course/training fee

The student agrees by registration to pay the full course/training fee and/or examination fee. Irrespective of the complete course/training or just a part will be followed. In case of a company registration, Classmate will charge the company, unless indicated that the student must be invoiced. However, if the payment is not made, both as student and company are responsible to comply with all obligations from the study agreement.
Classmate reserves the right to withhold the exam result and/or diploma, declaration or certificate as long as the course/training and/or exam fee is not completely payed.
Payment must be made within 14 days after the invoice date. In case the course/training and/or exam is within 14 days after the invoice date, the invoice must be paid before the start of the (first) course/training and/or exam day.
Written course/training (in case applicable including the exam) will be send as soon as the course/training fee is paid.
Online course/training and E-learning (in case applicable including exam) will be opened up as soon as the complete fee is payed.
In the event of late or incomplete payment by the customer or student, the student may be denied access to the course/training and/or exam. In this case, the payment obligation remains.

6. Absence

Absence of a student during the course/training does not relive the student from the obligation to pay. Absence during one or more parts of the course/training does not entitle to a partly or full restitution of the course/training fee. Absence from the exam does not entitle to a restitution of the exam fee.

7. Course/training materials

Course/training materials (if applicable) are included to the course/training fee, unless otherwise stated. It is forbidden to sell the course/training materials and/or to take over or make available for inspection to third parties. The copyright and property rights remain with Classmate. From the moment of sending the learning materials of a written course/training or the link of an e-learning, the student will have access for a maximum of one year. In case an e-learning is finished, the e-learning can be used for one more month.

8. Exam information

If a student has a course/training on location, the student will be automatically enrolled for the exam, in case applicable. Classmate takes this responsibility. If applicable, in case of an e-learning or written course/training the student needs to register him/herself for the exam via Classmate. The student has this responsibility.
Before an exam, the student is obligated to identify him/herself with a valid identification according to the rules of the relevant exam authority. In case a student cannot show a valid identification, the student may not take part in the exam.
If a student arrives after the starting time of the exam, the student may not take part in the exam.
In the cases referred to in paragraph b and c of this article, a student may not ask for a restitution or reduction of the examination and/or course/training fee. Also, the student may not claim for compensation for any damage suffered.

9. Travel and subsistence expenses

Travel and subsistence expenses are not included in the course/training fee. In case the course/training is cancelled for whatever reason (see article 3), the student may not claim for compensation of the travel and subsistence expenses.

10. Collecting costs

All costs Classmate has to made for collection of arrears, no exceptions, must be paid by the student.

11. Length study agreement

The study agreement is effective when the registration is received by Classmate. From that moment there is an obligation to pay the complete course/training fee, taking into account the provisions of article 12 (cancellation policy).
The study agreement ends at the moment the course/training, for which the studied applied originally, can be finished normally.

12. Cancellation policy

After registration the student has 2 weeks (14 days) to cancel free of charge, provided that the registration has been done 5 weeks before the start of the course/training and/or exam.
If the course/training starts 2 weeks after registration, you agree to the fact that you cannot cancel free of charge. This also applies for written course/training and e-learning.
Written course/training and e-learnings can never be cancelled.
Two weeks after registration, a course/training and/or exam can only be cancelled in written or via e-mail, with expenses for the customer. It depends on the planned starting date, what the expenses will be.
For cancellation up to 5 weeks (35 days) prior to the starting date of the course/training and/or exam, you are obligated to pay 50% of the course/training and/or exam fee.
For cancellation up to 3 weeks (21 days) prior to the starting date of the course/training and/or exam, you are obligated to pay 75% of the course/training and/or exam fee.
For cancellation within 3 weeks prior to the starting date of the course/training and/or exam, or at the day of the course/training and/or exam or after course/training and/or exam, you are obligated to pay 100% of the course/training and/or exam fee.
The cancellation fee must be payed immediately and fall due directly.
In case of cancellation, the student, if applicable, must return the learning materials with a registered sending to Classmate. Returning is at the student’s expense. The learning materials must be undamaged and unused.
In the event of death of the student, the course/training fee will be returned to the person entitled, if the course/training period has not yet expired.

13. Rescheduling/replacement

In case the student is ill or is prevented from attending, the study agreement will not be dissolved, neither does it entitle to a refund.
If a student cannot participate in the course/training and/or exam, the registration, if fully paid, can be rescheduled to the next course/training or a different location, under the following conditions:
1. Rescheduling up to 3 weeks before the starting date is possible on payment of € 45, – administration fee.
2. Rescheduling within 3 weeks of the starting date is possible on payment of 50% of the course/training fee.
3. Rescheduling an exam within 3 weeks of the exam date is possible on payment of 75% of the exam fee.
4. Rescheduling a course/training on the planned date is possible on payment of 75% of the course/training fee.
5. Rescheduling an exam on the planned date is possible on payment of 100% of the exam fee.
Replacement of participation in a course/training with a third party is possible on payment of € 45, – administration fee, and only if the course/training date and location stay equal. However, an application must be made in written and in possession of Classmate no later than 2 days before the start of the course/training.

14. Postal charges

Postal charges for sending the homework of the written course/training to Classmate are for the student’s account. The postal charges for sending the corrected homework retour to the student are for the account of Classmate.

15. Complaints and disputes

Complaints must be submitted in writing. Classmate will do its upmost best to properly resolve the complaint as soon as possible. Any disputes arising out of or related to the study agreement to which these General Terms and Conditions apply or related to the study provisions and its explanation or implementation, both factual and legal, shall be decided by the competent Civil Judge.

16. Rights and obligations

The mutual rights and obligations of the agreement shall terminate as soon as the study agreement is dissolved.

17. E-learning

Classmate agrees in the study agreement, to do its upmost best to deliver an e-learning with a quality that can reasonably be acquired by the student. The quality of the e-learning is partly determined by the quality of the internet, for which Classmate obviously cannot be held responsible and cannot accept any liability.

18. Liability

Classmate is not liable for any loss, theft or damage to personal property of the student(s) or customer during the course/training and/or exam, as well as a personal injury of the student(s) or customer during the course/training and/or exam, exception of intentional act or gross negligence on the part of Classmate.
Classmate is towards the customer and the student(s), exception of intentional act or gross negligence, not liable for damages of any kind to the customer and/or student(s), direct or indirect, which are results from acting to (the content of) the course/training or the course/training materials.
Classmate is not liable for any inaccuracies or omissions in the course/training materials or to what is during the course/training proclaimed.
If it appears, despite the provisions above, that the damage caused must be charged to Classmate, then counts that Classmate’s liability is limited to the amount of what the liability insurance will pay out plus the amount of the excess of Classmate under the prevalent insurance contract.
In case the liability insurance does not pay out for whatever reason, every liability is limited to three times the amount of what Classmate has charged in the case in question in the year in question, till a maximum of € 2.000, -.

19. Other provisions

All details mentioned in the brochure, appendix and on the website, do belong to this General Terms and Conditions in so far as they are related to the course/training.
This General Terms and Conditions enter into force from 1 November 2020. Classmate is entitled to unilaterally change these terms. Publication of new terms shall take place by means of personal notification to the customer and/or student or by means of a general notification of the website www.class-mate.nl. The changed General Terms and Conditions will also apply to earlier agreed study agreements, except if and to the extent that this is not contrary to reasonableness and fairness.

20. Personal registration

In the context of the General Data Protection Regulation (GDPR), we inform you that your provided personal data will be recorded in our student administration system. The objective of this administration is the management of and the possibility to access personal data, study data and study results necessary for a justified performance of administrative and logistic functions (inside and outside Classmate). This registration is registered with the Registratiekamer. For more information see the privacy statement.