MASTERCOURSES : GENERAL TERMS AND CONDITIONS

Article 1 – Definitions  

1.1 The following capitalized words and/or phrases are awarded the following meaning, unless explicitly stated otherwise in these Terms and Conditions;

Registration form:  the default registration form as provided by the Fiscaal Economisch Instituut BV to the Participant for the Course, to be completed by the Participant for the purpose of registering for the Course in conformity with the conditions in article 3.2;

Terms and Conditions: these general Terms and Conditions:

Article:  an article or condition of the Terms and Conditions;

Participant:  the person who has registered as such by means of the Registration form for the Course;

FEI BV:  the Fiscaal Economisch Instituut BV, being the provider of the Course and part of the Erasmus University Rotterdam;

EUR:  the statutory legal person Erasmus University Rotterdam and/or the limited liability company Erasmus University Rotterdam Holding B.V., both with its registered office at (3062 PA) Rotterdam, at the Burgemeester Oudlaan 50 and/or all of their group companies as intended in article 2:24 Dutch Civil Code as well as other affiliated legal persons;

Course:  the MasterCourse, which course does not belong to the preliminary degree course as intended in article 1.1 paragraph e of the Law of 8 October 1992 containing conditions relating to higher education and scientific research and which course as such is acknowledged by the Executive Board of the EUR by means of registration in the EUR register of non-preliminary educational program or has been registered with the Executive Board of the EUR;

Course Regulations: the regulations as set forth by the EUR in which at least the following is established: a description of the components of the Course, the admission requirements and final examination of the Course, the opportunity to eliminate deficiencies, the duration of the Course, study load of the Course, language of the Course, the manner in which the knowledge, insights and skills gained by the Participant are tested, the manner in which to object or appeal against the assessment of the result achieved by the Participant, the diploma or certificate that can be awarded and the possibility to submit complaints;

Agreement:  every agreement concluded between FEI BV and the Participant pursuant to article 3.2.

Article 2 – General  

2.1 Applicability of the Terms and Conditions used by the participant are hereby expressly declined.

2.2 The Terms and Conditions apply to all legal relationships between FEI BV and Participant in relation to a Course.

2.3 The Terms and Conditions can only be deviated from in writing by means of a signed agreement by FEI BV and Participant.

2.4 In case of contradictions or inconsistencies between the Dutch text of the Terms and Conditions and the translations thereof, the Dutch version prevails.

2.5 “In writing” in the Terms and Conditions means by fax, e-mail, internet or any other electronic medium.

Article 3 – Realisation agreement  

3.1 All offers from FEI BV are free of obligations.

3.2 An agreement between FEI BV and the Participant will be established once FEI BV has confirmed in writing the receipt of the Registration form that was completed truthfully and in full by the Participant. The Participant is entitled to withdraw this registration within 14 workdays after registering (cooling-off period); in which case the agreement will not be concluded.

3.3 FEI BV can refuse enrolment of a Participant in the Course if the maximum number of Participants for a certain Course would be exceeded with the participation of the participant or if the Participant, at the discretion of FEI BV, does not meet the admission requirements applicable to the Course.

Article 4 – Course Structure  

The Course will take place at a time and location to be determined by FEI BV, unless agreed otherwise in writing.

Article 5 – Price and Payment

5.1 The course fee is excluding VAT and including study materials.

5.2 Payment by the Participant must occur within 30 (thirty) calendar days after invoice date by means of bank transfer to an account specified by FEI BV.

5.3 Payment by the Participant must occur exclusively in Euro, without charge, discount or suspension.  If and insofar any transactions charges are connected to the payment method selected by the Participant, these costs shall be borne by and at the risk of the Participant.

5.4 In the event that the agreed upon payment term is exceeded, the Participant, without prejudice to the other rights of the EUR and without requiring a prior notice of default, is due legal interest over the outstanding invoice amount up to the moment of full payment. All unpaid invoices will become payable immediately and all consequences of non-compliance will take effect immediately.

5.5 If the payment by the Participant does not occur in conformity with article 5.2 and/or 5.3, FEI BV reserves the right to, without prejudice to any other rights, refuse the Participant entry to the Course up until the time at which the payment occurs in conformity with that which was determined in article 5.2 and/or 5.3.

5.6 All extrajudicial costs, expressly including the costs made for writing and sending payment reminders, conducting settlement negotiations and other acts in preparation of possible legal proceedings, as well as legal costs that FEI BV made as a result of the non-compliance of the Participant, will be borne by the Participant.

5.7 Payments of the Participants serve primarily to cover the costs stated in article 5.5, then to cover the interest and are then deducted from that part of the principal amount appointed by FEI BV, regardless of any contrary instructions of the Participant in that respect.

Article 6 – Cancellation

6.1 The Participant is entitled to cancel his enrolment in the Course in writing. In the event of a cancellation, unless in the event of consequential circumstances that can be demonstrated by the Participant, of which the weighty nature of the circumstances is to be assessed at the discretion of the FEI BV, the Participant is due the following costs:

until invoice date 0% of the agreed-upon price
until twenty-one (21) days prior to start of course 15% of the agreed-upon price
until fourteen (14) days prior to start of course 30% of the agreed-upon price
until eight (8) days prior to start of course 50% of the agreed-upon price
until the start date of the course or after 100% of the agreed-upon price

6.2 The number of days between the start of the Course and the cancellation is calculated from the day the written cancellation is received by FEI BV. Cancellations should be directed to the institute indicated in the confirmation stated in article 3.2.

6.3 If the Participant has already paid the amount due to FEI BV, FEI BV will refund the rightful amount, taking into account articles 6.1 and 6.2, to the Participant on a bank account to be determined by the Participant.

6.4 Prior to the start of the Course, the Participant can be replaced at any time free of charge by any natural person, provided that he/she meets the conditions as stated in article 3.3 and agrees to the applicability of the Terms and Conditions.

6.5 FEI BV reserves the right to postpone or cancel the Course if they fail to meet the required number of applications.

6.6 FEI BV is authorised to refuse the Participant access to the Course or terminate the Agreement if the Participant does not (sufficiently) comply with the rules as intended in article 7.2, at the discretion of FEI BV.

Article 7 – Implementation of Agreement  

7.1 FEI BV will make every effort to implement the Agreement to the best of their abilities and to safeguard the quality of the Course. FEI BV arranges the Course and can change the Course at any time ensuring the quality of the Course.

7.2 The Participant is obliged to strictly observe the rules as written by FEI BV, including but not limited to the Course regulations, rules of procedure and behaviour rules of the EUR and the Terms and Conditions.

Article 8 – Complaint and Claims  

8.1 If FEI BV deems a complaint filed by the Participant in conformity with the Course regulations with respect to the execution of the Agreement justified, FEI BV will still execute the Agreement in the manner as agreed upon between FEI BV and Participant, or, depending on the nature of the complaint, attempt to find an alternative solution. Complaints should be directed to the institute indicated in the confirmation stated in article 3.2.

8.2 Any claims in reference to the complaint must be submitted in writing within 8 (eight) calendar days after discovery of the shortcoming, yet at the latest within 3 (three) calendar months after the last day of the Course, excluding days on which solely an exam or test is taken, including a detailed description and justification of the complaints; failure to include this will mean the Participant can no longer hold FEI BV liable in relation to the complaint.

8.3 The Participant is not entitled to suspend payment of the Course on the grounds of having filed a complaint and/or claim.

8.4 The Participant is entitled to a full or partial refund of the amount paid by him to FEI BV for the Course if and insofar the complaint submitted by him is deemed justified by FEI BV and further continuation of the Agreement has become pointless or impossible for the Participant due to the shortcomings of FEI BV.

8.5 Claims or pleas based on the statement that the implementation of the Agreement does not correspond to that which the Participant could reasonably expect, become prescribed after 1 (one) calendar year after termination of the Course.

Article 9 – Liability  

9.1 Except in the event of intent or gross negligence on the part of FEI BV or its management, FEI BV is, regardless of the legal grounds on which the claim of the Participant is based, only liable for compensation of damages for the maximum of the invoice amount that was paid by the Participant for the Course.

9.2 FEI BV is, regardless of the legal grounds on which the claim of the Participant is based, never liable for consequential damages, including but not limited to lost profits, losses and costs incurred, as well as lost contracts, lost savings, damage due to production and or company interruptions or stagnation and/or damage as a result of lost work and/or travel time.

9.3 FEI BV is never liable for loss, theft and/or damage to properties of the Participant, regardless of the location of the Course.

9.4 FEI BV is, regardless of the legal grounds on which the claim of the Participant is based, not liable for damages caused by intent or gross negligence of its subordinates and/or non-subordinates for which they are liable under the law and/or third parties they hire in relation to the implementation of the Agreement.

9.5 The limitation of liability stated in article 9.1 does not apply if and insofar the liability of FEI BV is insured for the damage in question under any agreement of insurance of the EUR and if the relevant insurer proceeds to payment. In that case, FEI BV is only liable for the amount that is paid under the insurance in question in that specific case. The EUR is not required to enforce rights under any insurance taken out by them, if they are held liable by the Participant.  The conditions stated in articles 9.2, 9.3 and 9.4 remain fully applicable.

9.76 The EUR and FEI BV stipulate all statutory and contractual rights and defences that they can appeal to in order to ward off its own liability also on behalf of those involved in the implementation of the Agreement.

9.7 The EUR and FEI BV may call upon third parties in the implementation of the Agreement and is entitled to invoke any limitation of liability of those third parties against the Participant at all times.

Article 10 – Force majeure  

10.1 If proper observance by FEI BV as a result of one or more circumstances, not borne by FEI BV, including the circumstances stated in article 10.2, becomes wholly or partially, temporarily or permanently impossible, FEI BV is entitled to suspend the implementation of the Agreement, or to wholly or partially annul or terminate the Agreement(s), without being liable for damages.

10.2 Circumstances that will not be borne by FEI BV include: shortage of guest lecturers, strikes, ban on import and/or export and/or transit of tools necessary for the Course, transportation issues, non-compliance with the obligation by suppliers of FEI BV or transportation companies, nature and/or nuclear disasters, war and/or threat of war, terrorist actions and/or attacks.

10.3 FEI BV will notify the Participant as soon as possible in the event of force majeure and announce the extent to which they can implement the Agreement.

Article 11 – Intellectual Property rights  

11.1 The Participant can solely make use of logos, patents, copyrights and/or any other intellectual property right of FEI BV within the framework of the Agreement.

11.2 The course material provided by FEI BV is protected by intellectual property rights that belong to FEI BV and/or third parties. Nothing from the course material provided by FEI BV may be reproduced, saved in an automatized database or any other database, made public or disclosed to third parties without prior written consent of FEI BV.

11.3 The Participant is forbidden from disclosing confidential information obtained from FEI BV in any manner to third parties, barring to the extent required by the applicable law.

Article 12 – Partial nullity | Transference  

12.1 In the event that any provision of these Terms and Conditions are wholly or partially declared invalid, unlawful, not binding or not enforceable, the other conditions of the Terms and Conditions remain applicable. Parties will do everything in their power to agree on a new condition that deviates a little as possible from the invalid, unlawful, non-binding or non-enforceable provision, taking into account the content and purpose of the Terms and Conditions.

Article 13 – Applicable law | Competent court  

13.1 All legal relations between FEI BV and the Participant are governed by Dutch law.

13.2 The competent court in Rotterdam shall have exclusive jurisdiction to settle any dispute that may arise between FEI BV and the Participant resulting from or relating to the Agreement and/or the implementation of the Agreement, as well as with respect to the Terms and Conditions. Only if and insofar the Participant is a natural person/consumer domiciled in the Netherlands, the competent court of the place of residence of the Participant shall have exclusive jurisdiction.

January 2017