GENERAL CONDITIONS – ARHANTA YOGA
These general conditions date from January 1st 2017
article 1 – Definitions
In these general conditions the following terms signify:
General conditions: the clauses mentioned in article 1 until 18.2 which form part of the Study Agreement between the Client and Arhanta Yoga
Arhanta Yoga: Arhanta Yoga International B.V.
Course Fee: the complete fee of the offered Training including registration fee, as mentioned on the Website
Client: any individual or any corporation following a Training with Arhanta Yoga against payment of the Course Fee.
Consumer: any individual acting outside of a professional or corporal activity as defined in article 6:230g part 1 sub a of the Civil Code (Netherlands).
Participant: the one who, different from the Client, follows a Training which is provided by Arhanta Yoga.
Training: a by Arhanta Yoga International BV organized training, education, retraining or continuing education, course, workshop or any other form of education.
Educational material: educational material, class material or instruction material, documentation or any other material in whatever form used as a part of the Training.
Request: the request by the Client to Arhanta Yoga to follow a Training with Arhanta Yoga.
Study agreement: the agreement between Arhanta Yoga and the Client concerning the organization of a Training by Arhanta Yoga, whether or not for the purpose of employers of that Client. The Study agreement can come about by a Long Distance Agreement.
Long Distance Agreement: a study agreement concluded by using exclusively one or several methods of long distance communication as stated in art. 6:230g part 1 sub e in the Civil Code (The Netherlands), such as Electronic Communication.
Digital Registration Form: the registration form sent to the Client of Arhanta Yoga after the Client has signed up for a Training.
Electronic Communication: digital content sent to one or several recipients of an email address as well as digital content sent from the Website.
Arhanta Yoga exam: the exam written by Arhanta Yoga which is part of the concerning Training.
Arhanta Yoga exam regulations: the education and exam regulations operative at the time of registration for a Training
Circumstances beyond control: the disturbance of Arhanta Yoga’s desire to fulfil the agreement which can cause temporary or permanent impediment of this compliance.
Website: the website of Arhanta Yoga: www.arhantayoga.org
article 2 – CRKBO (Dutch registry for short professional education)
2.1 Arhanta Yoga is recognized by the CRKBO (Centraal Register Kort Beroeps Onderwijs) and meets the Quality code for Educational instances for Short Professional Education. These General Conditions are in line with the general conditions and the code of conduct of the Central Register Short Professional Education).
article 3 – Applicability
3.1 By registering for a Training, the Client accepts the applicability of the General Conditions. Arhanta Yoga strongly rejects the applicability of the General Conditions of the Client, however named.
3.2 Deviations from the General Conditions are impossible unless specifically agreed upon in writing between Arhanta Yoga and the Client. In the General Conditions, in writing means among others: any form of electronic communication.
3.3 In any circumstance which is not covered by the Study Agreement and the General Conditions, Arhanta Yoga will make a reasonable settlement.
3.4 The (complete or partial) invalidity, ineffectiveness or conflict with the legislation or agreement(s) of one or more regulations of the General Conditions doesn’t affect the validity or effectiveness of the other regulations.
article 4 – Proposal
4.1 Every proposal by Arhanta Yoga is non-committal. Arhanta Yoga publishes the proposal in writing (by publication on the website).
4.2 The proposal mentions in a clear and comprehensive manner the following information:
- a) The manner of executing the Study Agreement;
- b) The starting date of the Training;
- c) Any condition under which the Training might not proceed;
- d) If applicable: the admission requirements for the Training;
- e) The price including all extra costs and taxes;
- f) The mode of payment;
- g) The duration of the Study Agreement.
4.3 Without prejudice to the statements in 4.1 and 4.2, the non-committal proposal of a Long Distance Agreement also includes the following:
- a) The identity and address of Arhanta Yoga, including the visiting address of the establishment;
- b) The Client’s right to annul the Study Agreement within 14 calendar days;
- c) The validity of the proposal
article 5 – Study Agreement
5.1 The Client is entering in a Study Agreement with Arhanta Yoga by registering for a Training. Registration for a Training takes place by e-mail through the by Arhanta Yoga provided Digital Registration form.
5.2 The Study Agreement is achieved between Arhanta Yoga and the Client when Arhanta Yoga accepts the registration for a Course in writing. The Study Agreement is supposed to be achieved when Arhanta Yoga has confirmed in writing to the Client the registration and the receipt of the deposit for a Training. This confirmation is also valid as a proof of registration for the regarding Training.
5.3 The Consumer can annul the Long Distance Agreement within the legal term of 14 days (fourteen days) if the booking or the conclusion of the Study Agreement only includes only a Training. The Consumer can’t annul the Long Distance Agreement if the Study Agreement includes a Training as well as the service to provide accommodation. The term of 14 days starts from the day that the Study Agreement is achieved with Arhanta Yoga.
5.4 The Client is not authorised to transmit the rights and obligations of the Study Agreement to any third party.
5.5 In case of insufficient registrations for the Training, Arhanta Yoga is entitled, without obligation of any compensation, to annul the Study Agreement at any time, either in its integrity or partially. In case of cancellation of the Training, Arhanta Yoga has no obligation to compensate any damage except for the compensation of the Course Fee paid by the Client.
5.6 These General Conditions are integrally part of the general provision of information by Arhanta Yoga and will be announced explicitly to the Client prior to the Study Agreement and placed at the disposal corresponding to article 6:234 of the Civil Code (Netherlands). At the request of the Client, Arhanta Yoga will send a copy of the General Conditions free of cost.
5.7 The General Conditions are part of any agreement contracted with Arhanta Yoga regarding the participation of a Training.
article 6 – Cancellations or changes
6.1 Arhanta Yoga follows a strict policy that no Course Fees are refunded to the Client (except for the 14 days of legal consideration for Long Distance Agreements, applicable only for non-residential trainings). Therefore the Client is advised to sign a cancellation insurance with Arhanta Yoga.
6.2 The Client can sign a cancellation insurance at a contribution of 15%. Only with the cancellation insurance, the Client has the right to cancel his or her registration until 7 days before the starting date of the course and receive complete compensation of the Course Fee (excluding the 15% contribution). The Client also has the right to end the Training with the cancellation insurance less than 7 days before commencement of the course or when the Training has already started but the Client will only receive 75% refund of any unused portion of the paid course fees (excluding the 15% contribution).
6.3 If the Client is a Consumer and an agreement has been established in the way as described in article 6:230g part 1 sub e BW, and does not include any booking for lodging, then the Client has the right during 14 days (fourteen days) following the achievement of the Long Distance Agreement to annul the Long Distance Agreement without giving any motivation unless when there is question of one or more exceptions of article 6:230p BW. If the Long Distance Agreement can be annulled by the Consumer, the Course Fee will be refunded by Arhanta Yoga
6.4 Up until 4 weeks prior to the starting date of the original Training, the Client can shift the registration free of cost to another Training offered by Arhanta Yoga.
6.5 Up until 4 weeks prior to the starting date of the Training, the Client can shift the date of the Training to a later date up until 2 years after the starting date of the Training for which the Client originally registered.
6.5.1 If the Client wishes to change the registration between 4 and 2 weeks prior to the starting date of the Training, (administration) fees of 10% of the total paid Course Fee will be charged.
6.5.2 For changes less than 2 weeks prior to the starting date of the Training, (administration) fees of 25% of the total paid Course Fee will be charged.
6.6 If the Client is obliged to leave the course early because of a serious medical problem or a serious injury, a credit note can be issued for the remaining and unused value of the Training. In this case (administration) fees of € 200,00 (two hundred euro) will be charged.
6.6.1 Even though a credit note can be issued for the unused remaining value due to a serious medical condition, such as a severe injury or a severe illness, the Client or Participant has to provide proof that he or she is not able or is not allowed to participate in the Training. This cannot be a (severe) medical condition, such as a (severe) injury or a (severe) illness, which was already existent at the time of registration.
6.7 A credit note can only be used for a future Training with Arhanta Yoga. Credit notes have a validity of 2 years from the date of issue.
article 7 – Exams
7.1 The Arhanta Yoga exam is an integral part of the Training. The costs for the exam and the certificate are included in the Course Fee of the Training.
7.2 In case the Client or Participant doesn’t pass for the exam, the Client or Participant is responsible for requesting a retake of the exam in time. The Client is entitled to one retake free of charge.
article 8 – Payment
8.1 If the application is accepted by Arhanta Yoga, the Client has to make a payment of € 200,00 (two hundred euro).
8.2 The remaining Course Fee has to be paid ultimately 70 days (seventy days) prior to the starting date of the Training.
8.3 If the Client doesn’t pay the remaining amount in time, the registration will be cancelled and the Client will receive a credit note for the already paid amount of the Course Fee (see 6.7 for the regulations regarding credit notes).
8.4 Payment of the Course Fee by instalment is possible at the request of the client, on condition that the complete Course Fee should be paid ultimately 2 weeks (two weeks) prior to the starting date of the Course.
article 9 – Legitimisation
9.1 When registering for a Training, the Client is obliged to mention the complete name of the Client or Participant (as mentioned on his or her identification card) on the Digital registration form.
9.2 The Client or Participant who follows a Training is obliged to carry a valid identification card during the meetings of the Training and to show the legitimisation at the request of the teacher or another functionary of Arhanta Yoga.
article 10 – Price
10.1 The Course Fee and the payment methods are mentioned on the Website.
10.2 All prices mentioned by Arhanta Yoga are including VAT.
article 11 – Liability Arhanta Yoga
11.1 Participation in a course is entirely at own risk. If Arhanta Yoga is liable for any damage that the Client or Participant suffers or has suffered as a consequence of the Training, the liability, regardless of the basis of the liability, is in all circumstances limited to direct damage. All liability is limited to at most the sum paid by the Client for following (or letting someone follow) the Training.
11.2 Liability for indirect damage such as consequential damage, delay damage, loss of profit or loss of turnover is excluded.
11.3 Arhanta Yoga is not reliable for damage to properties of the Client or Participant.
11.4 Arhanta Yoga is in no manner reliable for damage of any kind as a consequence of (potentially) incorrect or incomplete information, recommendations or advices provided in relation to the Training. This includes (but is not limited to): the information, recommendations or advices provided by the teacher or through the educational material, the brochure or any other work resulting from or related to the Training.
11.5 Arhanta Yoga is not reliable if a Client or Participant doesn’t follow the (safety) instructions.
11.6 The limitation of liability described in this article extends equally to all the people under Arhanta Yoga’s responsibility (such as people who are employed by Arhanta Yoga or who are appointed by Arhanta Yoga for the execution of the Study Agreement).
11.7 If the Client doesn’t participate himself or herself to the Training but a Participant does, the Client is responsible to inform the Participant of the regulations of the General Conditions.
11.8 The ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM is part of the General Conditions and the Study Agreement. If the Client or Participant doesn’t agree with the regulations stipulated there, Arhanta Yoga is entitled to decide not to accept the Client or Participant in the Training.
article 12 – Provision of Educational material
12.1 Arhanta Yoga provides the Educational material on the first day of the Training.
article 13 – Absence teacher/examiner
13.1 In case of absence of a teacher or an examiner (due to sickness or impediment), Arhanta Yoga will provide an equivalent replacement if possible. If replacement would reasonably not be possible, Arhanta Yoga will inform the Client as soon as possible and propose an alternative date on which the Training or the exam will still take place.
13.2 In absence of a teacher or an examiner (due to sickness or impediment), the Client is not entitled to receive (damage) restitution. Arhanta Yoga will not charge any extra costs for providing substitute training days or a substitute exam due to the absence or a teacher or an examiner.
13.3 Arhanta Yoga is not reliable in case of Circumstances beyond control.
article 14 – Confidentiality
14.1 Arhanta Yoga, its staff and people working for Arhanta Yoga will treat the information provided by the Client or Participant as confidential. On this matter, Arhanta Yoga is conforming to the valid privacy legislation.
article 15 – Personal information
article 16 – Intellectual property rights
16.1 All intellectual property rights, including the copyright, concerning the by Arhanta Yoga provided and compiled Educational material (excluding books available in the market) are with Arhanta Yoga. Nothing from these publications can be multiplied or made public without written approval by Arhanta Yoga.
article 17 – Modification of the General Conditions
17.1 The General Conditions can be modified by Arhanta Yoga. Announcement of the modification takes place through personal communication or through general communication on the Website.
article 18 – Complaint settlement
18.1 In case a Client or Participant has a dispute or complaint about Arhanta Yoga the Client or Participant firstly has to submit the dispute or complaint to Arhanta Yoga. If the Client or Participant doesn’t regard this as possible or desirable, the Client or Participant will submit the dispute or complaint conforming to the complaint procedure of Arhanta Yoga. The detailed complaint settlement and complaint procedure can be consulted on: https://www.arhantayoga.org/complaint-procedure/.
18.2 To the Study Agreement applies exclusively the Dutch law. The Dutch judge has exclusive legislative power over disputes or liability as a result of the legal relationship of the Study Agreement, considering the regulations under 18.1 of the General Conditions.
ARHANTA YOGA INTERNATIONAL BV: Sinderenseweg 66, 7065BL Sinderen, The Netherlands, T: +31 618504823, E: [email protected], W:www.arhantayoga.org, Kvk: 57961107, VAT: N L852811421B01