GENERAL CONDITIONS – ARHANTA YOGA
These general conditions have been last updated on November st 2018
article 1 – Definitions
In these general conditions the following terms apply:
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., Arhanta Yoga Netherlands B.V., Arhanta Yoga India B.V., Arhanta Yoga Publications B.V.
Course Fees: the complete fee of the offered training including registration fee, as mentioned on the w.ebsite
Client: any individual or any corporation following a training with Arhanta Yoga against payment of the course fees.
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. The study agreement can be established 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 made available online or by e-mail to the client in order to sign 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 that is an integral part of the relevant course and is executed by Arhanta Yoga.
Arhanta Yoga Exam Regulations: The education and exam regulations operative at the time of registration for a training
Circumstances Beyond Control: The disruption of the will of Arhanta Yoga to fulfill the agreement whereby this fulfillment can be temporarily or permanently prevented.
Website: The websites of Arhanta Yoga: www.arhantayoga.org, www.arhantayoga.nl, www.arhantayoga.de, www.arhantayoga.ch, www.arhantayoga.it, www.arhantayoga.eu/es, www.arhantayoga.es/fi, www.arhantayoga.pt, www.arhantayoga.se, www.arhantayoga.dk, www.arhantayoga.no, www.arhantayoga.ru, www.arhantayogaindia.com
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 educations. 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:
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:
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 training in writing. The study agreement is considered to be achieved when Arhanta Yoga has confirmed in writing to the client the registration and the receipt of the deposit for the training. This confirmation is also valid as a proof of registration for the relevant 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 cannot 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 confirmed by Arhanta Yoga.
5.4 The client is not authorized 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 fees 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% of the course fees. These refundable fees include an insurance premium amount of 15% over the Standard fees which is payable along with the balance fee payment. This insurance covers you for:
6.2.1 Free cancellation and full refund of your paid course fees (excluding the paid 15% insurance premium amount) for any reason, minimum 30 days before the start of the course.
6.2.2 90 % refund of your paid course fees (excluding the paid 15% insurance premium amount) for any reason, minimum 15 days before the start of the course.
6.2.3 80% refund of your paid course fees (excluding the paid 15% insurance premium amount), if registration is cancelled less than 15 days but more than 7 days before the start of the course.
6.2.4 75% refund of any unused portion of the paid course fees (excluding the paid 15% insurance premium amount), if registration is cancelled less than 7 days before commencement of the course or during the course.
6.3 Transfer or registration or a credit note can be requested according to the following conditions: A client who has paid the full fees and the insurance premium of 15% can transfer his / her registration from one course to another course or request a credit note which is valid for 2 years. All the transfers will incur the charge of the premium payment and depending on the situation the following additional charges:
6.3.1 If the transfer of registration / credit note is requested more than 14 days prior to the commencement of the course there will be no additional administration charge.
6.3.2 If the transfer of registration / credit note is requested less than 14 days prior to the commencement of the course there will be an additional administration charge of 10% of the total fees.
6.3.3 If the transfer of registration / credit note is requested less than 7 days prior to the commencement of the course there will be an administration charge of 15% of the total fees.
6.4 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
6.5 A client who has booked a course with lodging and has paid the standard fees (without insurance premium) can transfer his / her registration from one course to another course or request a credit note only before the start of the original course (once only). After this time fees are forfeited. The student can transfer the paid fees towards any future date within 2 years after the date of cancellation. All the transfers will incur an administration charges as following:
6.5.1 If the transfer of registration / credit note is requested more than 6 weeks prior to the commencement of the course there will be no administration charge.
6.5.2 If the transfer of registration / credit note is requested less than 6 weeks but more than 4 weeks prior to the commencement of the course there will be administration charge of 10% of the total fees.
6.5.3 If the transfer of registration / credit note is requested less than 4 weeks but more than 14 days prior to the commencement of the course there will be an administration charge of 25% of the total fees.
6.5.4 If the transfer of registration / credit note is requested less than 14 days but more than 7 days prior to the commencement of the course there will be an administration charge of 35% of the total fees.
6.5.5 If the transfer of registration / credit note is requested less than 7 days prior to the commencement of the course there will be an administration charge of 50% of the total fees.
6.6 In case of cancellation or rescheduling of the course by Arhanta Yoga, students have the choice to transfer to another course or to receive a full refund of the paid fees. Our liability is limited to the refund of the received fees only.
6.7 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.
6.7.1 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 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.
6.8 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 Participation in the exam is only possible after completing the necessary attendance hours.
7.2 In case the participant doesn’t pass the exam, the participant is responsible for requesting a retake of the exam in time. The participant 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 fees have to be paid ultimately 70 days (seventy days) prior to the starting date of the training.
8.3 Payment of the course fees in installments is possible at the request of the client, on condition that the complete course fees must be paid ultimately 2 weeks (two weeks) prior to the starting date of the course.
8.4 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 6.5 for the regulations regarding credit notes).
article 9 – Identification
9.1 When registering for a training, the client is obliged to register the participant with his/her complete name, as mentioned on his/ 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 his/her identification at the request of the teacher or another functionary of Arhanta Yoga.
article 10 – Fees
10.1 The Course fees 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 can be held liable for any damage that the 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 participant 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 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 advice provided in relation to the training. This includes (but is not limited to): the information, recommendations or advice 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 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 another 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 not accept the client or participant for 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 Procedure
18.1 In case a client or participant has a dispute with 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 – Chamber of Commerce (KvK) number 57961107 | VAT number: NL852811421B01
ARHANTA YOGA NETHERLANDS BV – Chamber of Commerce (KvK) number 72892021 | VAT number: NL859279351B01
ARHANTA YOGA INDIA BV – Chamber of Commerce (KvK) number 72892099 | VAT number: NL859276375B01
ARHANTA YOGA PUBLICATIONS BV – Chamber of Commerce (KvK) number 72892145 | VAT number: NL859276405B01
: Sinderenseweg 66, 7065BL Sinderen, The Netherlands, T: +31 618504823, E: [email protected], W:www.arhantayoga.org, Kvk: 57961107, VAT: NL852811421B01