Applicability of these terms and conditions
1.1. These service conditions apply to all the program or coaching agreements contracted between ITP and a participant.
1.2. The service provider is the Instituut voor Transformatie Psychologie (institute for Transformation Psychology) in Bergen – NH, hereinafter referred to as ITP. The participant is a person who is admitted for participation in training or education at the ITP, or follows a coaching trajectory, hereinafter referred to as the participant.
1.3. ITP programmes consist of education, tailor-made programmes and other trainings.
An ITP education course is an open learning programme, varying in the number of days and the study load.
A tailor-made programme is drawn up entirely in mutual consultation between the participant and the ITP, and as such it has no specific registration procedure.
All other study possibilities in groups, such as workshops, conferences and seminars, are part of ‘other trainings’.
1.4. Coaching routes. Next to the programmes mentioned in article 1.3 ITP offers coaching. A coaching route is an individual programme determined by mutual agreement between coachee (and, if necessary, by the manager of the coachee) and the ITP.
The articles regarding programmes in these general terms and agreements therefore do not apply for coaching routes, unless these are explicitly declared valid.
Scope of the obligations
2. The ITP is obliged to any such compliance with the agreement as may be required by the ITP according to the standards of diligence and expertise. The agreements form an effort commitment for the ITP, not a result commitment. This also applies in the event that the ITP calls in third parties for the implementation of programmes.
Registration for a programme
3.1. The participant signs up to the chosen programme by sending the completed and signed registration form to the ITP. The date of receipt applies as the registration date.
3.2. The ITP will send the registration confirmation as soon as the registration form has been received and a down payment of 10% of the total amount due for the programme and the accommodation costs has been made, the minimum amount being € 400. On receipt of this the registration is complete.
3.3. What is mentioned in article 3.2 does not apply to Other Trainings. All costs for Other Trainings have to be paid fully upon registration.
Admission and placement of the participant
4.1. If an intake interview forms part of the admission, the ITP will decide on the eventual admission of the candidate-participant. This can be both a phone and verbal intake.
4.2. The ITP will allow programmes to take place in the event of sufficient participants. Should a programme not take place due to insufficient participants, then the ITP will offer the participant an alternative.
In the event that more participants register than the number of available places, then placement is made in order of receipt of the registration form.
Costs and payment
5.1. The costs of the programme are stated with the information regarding the programme in question. Here you will also find an indication of the costs for accommodation for the duration of the programme. Stated prices are always subject to alteration.
5.2. Stated programme prices are exclusive of VAT.
5.3. The ITP education and training programmes fall (at this moment) under education exemption and are therefore exempt from VAT payment. To other, non-education related programmes of the ITP, VAT payment applies.
5.4. Accommodation costs are stated separately and are dependent on the chosen package. These costs are stated inclusive of VAT.
5.5. On registration the participant makes a down payment of 10% of the amount due, for this also see articles 3.2.and 3.3.
5.6. After registration and payment the participant reserves the right to cancel the registration within fourteen working days, unless the programme takes place one month after registration.
Payments submitted will be returned without reduction of costs.
5.7. The ITP sends the invoice for the remaining amount of the programme costs as well as (if applicable) for the costs of the accommodation, together with the registration confirmation. This invoice must be settled one month prior to commencement of the programme. Should this term have already expired, then the invoice must be paid by return of post.
5.8. For programmes of six months or longer it is possible to arrange for a payment plan, for a 5% interest.
5.9. In the event of non-timely payment the participant is due a statutory interest payment on the invoice amount as of the invoice date.
5.10. Coaching routes will be billed in accordance with agreements made. A payment arrangement can be a part of the agreement. Also in a coaching route in the event of non-timely payment the participant is due a statutory interest payment on the invoice amount as of the invoice date.
5.11. Any refunds to the participant will be made within four weeks.
Cancellation by the participant
6.1. Cancellation of participation in a programme must be made in writing.
6.2. Cancellation can be made without costs up to 3 months prior to commencement of the programme. In the event of cancellation up to 2 months prior to commencement ITP will charge 50% of the total amount due, in the event of cancellation up to 1 month prior to commencement of the programme ITP will charge 75% of the total amount due. After that all costs for the programme and accommodation are payable, unless the ITP feels that another candidate can take the place of the participant who is unable to attend.
6.3. In the event that a participant is partially unable to attend or wants to terminate the programme prematurely, the ITP will be informed regarding this as soon as possible. Payments for that part of the programme not attended will not be reimbursed.
6.4. Cancellation by a client of a Coaching session needs to be done by telephone. When cancelleation is done less than two days (48 hours) before the session the costs of the session can be charged to the client. In case a coaching session is not cancelled and the client does not show up, the costs of the coaching session will always be charged.
Force majeure and cancellation by ITP
7.1. The ITP reserves the right, if necessary, to replace the original trainer or teacher. However, the ITP is obliged to realise the original objectives of the programme as fully as possible.
7.2. If the ITP is not able to allow (a part of) a programme to take place because there are not enough registrations or because of a of force majeure due to trainer(s), teacher(s) or facilities becoming unavailable, then options will be discussed, as far as possible, in consultation with the participant(s) in order to continue to be able to comply with the obligations of the agreement.
7.3. In case of cancellation by the ITP of a coaching session as a result of force majeure a new appointment will be determined without extra costs.
ITP liability
8.1. The ITP is not liable for indirect damage and harmful consequences attributed to the ITP which may occur as a result of the implementation of the programmes or Coaching routes by the ITP.
8.2. For direct damages as a result of a shortcoming being attributable to the ITP, the ITP is only then liable if there is a situation of intent or gross culpability by the ITP.
8.3. If the ITP is obliged to compensate for the damages, a limitation applies to the amount of the agreed programme or Coaching route costs.
Intellectual property
9.1. The ITP reserves all author and other rights on the materials.
9.2. During the programme or Coaching the ITP provides the participants with the necessary materials. The participant may only use and duplicate these materials for personal use.
9.3. In order to use or duplicate the materials for purposes other than those directly relevant to the objectives of the programme or Coaching, prior written permission is needed.
Privacy and personal register
10.1. The ITP and its trainer(s) and teacher(s) are obliged to handle the personal data and other confidential information of the participant with due care.
10.2. Upon the contracting of the agreement, the participant grants the ITP permission to use his/her personal data for communicating information regarding ITP programmes.
10.2. Information about and data of the participant are only given to third parties after the explicit consent of the participant in question.
Complaints procedure for the participant
11.1. In the event of a participant having a complaint about a programme or Coaching route, the participant must send this complaint, with argumentation, to the management of the ITP, at the latest five working days after completion of the programme or the Coaching route.
11.2. The ITP will contact the participant to ensure a careful and correct settlement within four weeks after receipt of the complaint confirmation.
11.3. Complaints shall be handled within teo months of the date on which they are received. If it is found that more time is required to handle a complaint, ITP shall notify the participant of this immediately. An indication shall also be provided of the handling period expected.
11.4. If a participant is of the opinion that his/her complaint has not been handled adequately, the participant shall be able to approach mr. J.A.A. Smeekens (jac.smeekens@planet.nl) with his/her complaint and corresponding explanation. Mr. Smeekens does not have any business or private connection with ITP.
Mr. Smeekens shall assess all complaints independently and shall do so within a period of two (2) months.
11.5. If an appeal is brought via the independent third party stated in Article 11.4, the opinion on the complaint in question shall be binding for ITP. ITP shall undertake any action ensuing from the aforementioned opinion as soon as possible.
11.6. The complaint and the corresponding documents are treated confidentially by (the management of) the ITP and carefully stored.
11.7. Dutch law applies to all agreements contracted by the ITP. In the event of disputes the judge of the place of business of the ITP is authorised.
