Article 1: Definitions

In these general terms and conditions the following terms shall have the following meanings:

  1. Training session: a training organized by Denkfysio or a course from beginning to end. This also includes digital training sessions and (multi-day) conferences.
  2. Participant: the person who registers or has registered for a course or training session with Denkfysio.

Article 2: Registration

  1. A participant is able to register for one or more training sessions.
  2. Registration for a training course is done by submitting a fully completed registration form.
  3. For participants there is a period for reflection of 14 days. This reflection period also applies if the participant books the course and a company or employer pays for it. If the company ends the contract, there is no period for reflection.
  4. The registration is final only when Denkfysio is in possession of a completed registration form and the reflection period as referred to in article 2.3 has expired.
  5. You can register for a training session by returning the completed registration form or by using the website. By registering you indicate that you agree with the general terms and conditions, payment terms and cancellation terms.

Article 3: Formation of agreement

After final registration, as referred to in Article 2 paragraph 4, Denkfysio will inform the person who registered that a conditional agreement has been made. This is conditional, as the proceeding of the training depends on the fact whether there are enough registrations and whether a speaker is able to travel to the training location.

The minimum number of participants per training session is 15, unless otherwise decided by Denkfysio. The maximum number of participants is determined by Denkfysio per training.

The agreement is official when Denkfysio has sent the participant a final confirmation of placement.

Article 4: Financial obligations/payment

  1. When the agreement between Denkfysio and the participant is made official, the participant is obligated to pay the amount due for the training by stating his or her invoice number.
  2. The prices for the training courses are determined annually and listed on the Denkfysio website.
  3. Denkfysio does not offer the possibility to pay in installments.
  4. The participant remains liable for non-compliance with the payment obligation at all times, even if the billing address differs from the home address and/or a business or subsidy institution reimburses the costs of the training.
  5. If the invoice is not paid by the date agreed upon in writing, the participant is in default, without an injunction and/or notice of default being required.
  6. If the participant is in default as referred to in Article 4.7, the following legal consequences will take effect:
    1. In the case of non-payment within 30 days prior to the training session the participant owes Denkfysio the full amount of the training session.
    2. Denkfysio is entitled to pass on the claim to a third party. All costs to be made in this respect, both judicial and extrajudicial, will be at the expense of the participant, in accordance with the recommendations of Rapport Voorwerk II. All this notwithstanding the right to claim compliance or dissolution with or without full compensation. 
    3. In the event of late payment, access to the training session may be denied. This does not affect the participant's obligation to pay.

Article 5: Cancellation

  1. If circumstances do not allow for the training session to take place, or in case that the number of registrations for a training is insufficient, Denkfysio reserves the right to not provide the training session. The training fee and administration fee already paid will be refunded to the participant free of interest.
  2. In case of death or illness, Denkfysio will contact the participants to agree on an alternative date. In this case a refund is not possible.
  3. Denkfysio is not liable for any financial loss when a training session is canceled, regardless of the reason for the cancellation.

Article 6: Premature termination/Financial obligations

  1. Denkfysio reserves the right to terminate the agreement with a participant by means of an official writing if according to Denkfysio's judgement the participant disrupts the orderly course of a training session and/or harms the interests of Denkfysio in any manner. All financial obligations to pay resulting from the agreement remain in place.
  2. There will be no refund in the case of premature termination of a training course by a participant. If a participant wishes to terminate the training prematurely, the full training fee must be paid according to the agreements made.

Article 7: Payment and cancellation terms

  1. After registration for a course the invoice will be sent. This invoice is also a confirmation of participation. You must pay this invoice within 14 days of the dating.
  2. If you cancel the agreement after the invoice has been sent, the participant will owe 10% of the training fee as administration costs. Cancellation can only be done in writing or by email.
  3. For cancellations within six weeks prior to the start of the training, the participant owes 50% of the training fee. Unless the participant is able to fill the vacancy with a new student.
  4. For cancellations within two weeks prior to the start of the training session and/or congress no refund will be given.
  5. If the training fee is not paid, not paid on time or not paid in full, Denkfysio will be forced to engage a debt collection agency after three months.

Article 8: Absence

  1. Absence from a training day does not entitle the participant to a full or partial refund of the training fee. Training days can possibly be made up during a subsequent course after approval by Denkfysio.

Article 9: Study and training information

  1. Denkfysio reserves the right to make changes in the training offerings.
  2. Before the start of the training, the participant will receive a message (mail or email) with information about the affairs of the training and its organization.
  3. The participant has the possibility to use the e-mail address provided at least once a week.

Article 10: Accreditation

  1. For most of the training sessions provided by Denkfysio an accreditation will be applied for.
  2. The current status of accreditation is listed on the website www.denkfysio.nl at the training it concerns. The responsibility for checking whether a training session is accredited and the ramification of this for the participant lies with the participant.

Article 11: Right of use

  1. In collaboration with the speaker, Denkfysio will in most cases make training materials available. If this is the case, the training materials provided may not be reproduced or used for purposes other than those specified within the context of the training.
  2. Photos made during the training of the work and of work situations of participants may be freely used by Denkfysio for publicity purposes.
  3. The ownership of the material remains with Denkfysio. Participants only have the right of use.

Article 12: Liability

  1. Denkfysio will perform its work to the best of its abilities.
  2. Denkfysio precludes (except for intentional acts and/or gross negligence) any type of liability for damage - directly or indirectly - related to a training followed at Denkfysio, with the exception of its statutory liability.
  3. Denkfysio composes the study materials carefully. Nevertheless, Denkfysio cannot guarantee the complete correctness of this study material. Therefore, Denkfysio accepts no liability for damage resulting from any decision or action based on the study material.
  4. If a participant suffers damage due to negligence on the part of Denkfysio, one of its employees or (a) teacher(s) hired by Denkfysio, any liability of Denkfysio will at all times be limited to a maximum amount equal to the training fee payable by the participant on the basis of the agreement concluded with Denkfysio.
  5. Denkfysio bears no responsibility for the professional application of the learned material during the training session(s).
  6. Denkfysio bears no liability for loss, damage and/or theft of objects and/or materials belonging to a participant.
  7. Denkfysio accepts no liability for any damage the participant suffers or may suffer as a result of cancellation of (parts of) a training course.
  8. Denkfysio is not liable if the entered email address does not function or functions inadequately.

Article 13: Confidentiality

The participant is obligated to treat all personal data entrusted to him/her about patients and others in the context of the training as confidential in the same way as if the data were communicated directly to him/her in his/her own professional practice as a paramedic. Such data are subject to medical confidentiality.

Article 14: Complaint Procedure

Definition of complaint: Any report from a participant, which shows that his/her expectations have not been met and which does not have the nature of a quickly resolved misunderstanding or lack of information and a situation in which it is clear given the disappointment of the participant that this deserves attention of a higher level in the organization. Ordinary complaints about issues in the training sessions are discussed within the team and reported back to the participants.

For other complaints we have the following roadmap:

  1. Simple complaints or questions can be directed to the relevant instructor or management of Denkfysio.
  2. Complaints about the instructor can be filed with the management of Denkfysio.
  3. Complaints about the training in its entirety or about the management, can be submitted to the Complaints Committee by the participant.
  4. Letters of complaint will be answered within 14 days and comprise a plan for further action to be taken in the procedure. Our aim is to resolve complaints within 28 days.
  5. If more time is needed to investigate, the participant will be notified of this within 28 days, with an explanation of the delay. In addition, an indication will be given of when a final decision can be expected.
  6. Denkfysio is affiliated with a disputes committee: 'De Geschillencommissie' (www.degeschillencommissie.nl).
  7. If a complaint cannot be sufficiently dealt with by the Complaints Committee, 'De Geschillencommissie' will be called upon. Depending on the complaint, an adversarial process is applied and feedback is given regarding the opportunity for advancement.
  8. Complaints are treated confidentially by all parties.
  9. Complaints and their method of processing will be registered and kept for five years.

Complaints Committee

This consists of:
Saskia Gudde: saskia@denkfysio.nl

Article 15: Applicable law

To the contracts concluded with Denkfysio Dutch law is exclusively applicable.

Article 16: Qualified court

All disputes arising from agreements to which these General Terms and Conditions apply will be exclusively brought before a qualified court in the first instance, unless it concerns a case for which only the cantonal court has jurisdiction.

Article 17: Amendment of these conditions

Denkfysio is entitled to make amendments to these terms and conditions. Denkfysio will send the amended terms and conditions when requested.

The copyright is held by Denkfysio. Copyright 2020, Denkfysio

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