General terms and conditions of the Rowing Coach Foundation (Stichting Roeicoach)

              

Please find below the General Terms and Conditions of the Rowing Coach Foundation. We assume that you agree to these terms and conditions if you sign up to attend one of our courses, modules, practice days, workshops or masterclasses.

Definitions:

Contractor: Rowing Coash Foundation (Stichting Roeicoach), further referred to as Roeicoach.

Client: The person, who uses the services of and/or has an agreement with Roeicoach.

Agreement: The agreement for participation in a course is established by registering through the website.

Host club: The rowing club that acts as host for the course.

Course: Course means the training courses, modules, practical sessions, workshops or master classes conducted and organized by Roeicoach.

Course participant: The person who actually participates in a course.

Practice Session: A meeting in which teams are coached by course participants and in which Roeicoach deploys practice coaches.

 

Article 1: Applicability

1.1 These General Terms and Conditions apply to all registrations for Roeicoach's courses, as named above.

1.2 Different conditions may apply for one-off and/or special workshops; these will be made available to the student at registration.

Article 2: Registration

2.1 Registration for a course is done by completing and submitting an application form made available on Roeicoach's website, www.roeicoach.com. Roeicoach will then confirm the registration by e-mail.

2.2 Courses are held subject to sufficient participation.

2.3 Registrations are processed in order of receipt.

Article 3: Cancellation and change

3.1 Cancellation of a registration for a course must be made by email. For cancellations up to 4 weeks (28 days) before the start, the course fee will be fully refunded.

3.2 In case of cancellation within 4 weeks (28 days) before the start of the course there will be no refund of the course fee. If a student is unable to attend, Roeicoach will agree to send a substitute, provided that the substitute is notified by the student by e-mail, stating the name of the course and the date of the first meeting.

3.3 In case of early cancellation or non-appearance of the student, the full course fee is due.

3.4 Roeicoach is entitled to deny further participation in the course to a student who, for whatever reason, is structurally obstructing the course (both before and during or after the course time). In this case, no refund of the course fee will be made.

3.5 Postponement of registration to another date is possible free of charge up to 4 weeks (28 days) before commencement, provided that this possibility exists in the course calendar.

3.6 Cancellation within 4 weeks (28 days), interim absence or termination of the course does not entitle the student to release from payment or to a refund or reduction of the course fee.

3.7 If student on his own initiative partly or completely stops the course, there will be no financial compensation from Roeicoach.

3.8 Roeicoach reserves the right to make organizational and substantive changes to the courses.

3.9 On cancellation by Roeicoach, course fees already received will be returned, in proportion to the progress of the course.

3.10 In the unlikely event that a student is unable to attend a theory session on the calendar date, Roeicoach will give the student the opportunity to make up this theoretical session at another course at another location within one year, provided that:
a. the participation has been notified at least one week in advance by e-mail and
b. there is a place available on the calendar date in question at this theory session.

Article 4: Payment

4.1 The course fee must be paid upon registration via the website. To this end, our website is equipped with an automated collection and billing facility.

4.2 If the client does not wish to use this facility and wishes to receive a manual invoice, we will charge € 25 per invoice to cover the manual administrative work.

4.3 Payment for a course must be made after registration, but in any case before the start of the course, to bank account number NL73 SNSB 0957 0724 30 in the name of Roeicoach, stating the day and name of the course. 

4.4 If the payment term is exceeded, the client is in default. From the date on which the default commenced, the client on the outstanding part of the claim an amount of 3% per month where part of a month is counted as a whole month.

4.5 If the student is in default of payment or of compliance with any other obligation under the agreement, Roeicoach is entitled to proceed to the full or partial dissolution of this agreement without judicial intervention, notwithstanding Roeicoach's right to claim damages.

4.6 All extrajudicial collection costs of 15% (or the then current interest rate) of the outstanding amount with a minimum of € 70,-- will be fully borne by the student. This includes the costs of lawyers, bailiffs and collection agencies, which costs are determined in accordance with the applicable or usual rates.

Article 5: Execution

5.1 If Roeicoach cannot fulfil its obligations due to circumstances that were not known when the agreement was concluded, Roeicoach has the right to modify the agreement in such a way that its execution becomes possible.

5.2 Roeicoach has the right to suspend the fulfilment of obligations if, as a result of changes in circumstances that could not reasonably be foreseen at the time of concluding the contract and which were beyond its control, Roeicoach is temporarily prevented from fulfilling its obligations.

5.3 Roeicoach has the right to replace teachers before the start of or during the course. In the unlikely event that an adequate replacement of the instructor is not possible, Roeicoach has the right to reschedule or cancel the course.

5.4 Roeicoach will endeavour to ensure that planned courses go ahead at all times. However, if circumstances prevent a particular course from taking place, Roeicoach shall not be liable to the student for this. Roeicoach will - if possible - provide a replacement and equivalent course.

5.5 If course member cannot participate in the replacement course, Roeicoach will return the course fee. This refund scheme does not apply to practical sessions, for practical sessions articles 5.6 to 5.8 apply.

5.6 Roeicoach will do its utmost to ensure that the planned practical sessions take place without disruption. However, Roeicoach is dependent on both the weather conditions and the facilities of the host club in doing so. If unforeseen/uninfluenced circumstances arise (weather conditions, sailing prohibition, too few available crews) Roeicoach reserves the right to replace the practice session on the water with a practice session on ergometers. 

5.7 Should the host association express a preference for rescheduling a practical session - for example due to expected weather conditions - Roeicoach is not obliged to reschedule the practical session nor to offer an appropriate alternative practical session to students who are unable to attend on this alternative date.

5.8 If the gestvereniging is unable to provide sufficient crews and/or ergometers for a practice session, Roeicoach shall not be liable to the student for this. Roeicoach shall not be obliged to offer an alternative practical session or refund the course fee.

5.9 Roeicoach shall endeavour during the course - all within reason - to ensure the student's progress. Roeicoach however has a best effort obligation towards the student and no obligation to achieve a certain result, since the progress of instruction and coaching depends to a large extent on the qualities of the student and his/her efforts.

5.10 When a rowing club acts as a host for a course, this rowing club agrees that Roeicoach may also allow students from other rowing clubs to participate.

5.11 Both Roeicoach and the course participant are entitled to terminate this agreement immediately when the other party has applied for a suspension of payment or has been declared bankrupt, or - in case the course participant is a natural person - has been placed under guardianship or dies.

Article 6: Intellectual property

6.1 Roeicoach reserves all rights of intellectual and other property regarding the teaching materials provided by Roeicoach. The student is not entitled to hand over course materials, to which Roeicoach has the rights referred to above, to third parties in any way or to give them in use.

6.2 The student is obliged to return the documents to Roeicoach at the first request, in case of violation as referred to in Article 6.1 of these General Conditions under penalty of a fine of € 500 per day.

Article 7: Complaints - disputes

7.1 Any complaints about the courses organized by Roeicoach must be made within eight days after delivery, by email/written and justified to Roeicoach. Failing this, the client is deemed to have agreed to the service provided by Roeicoach.

7.2 The submission of a complaint does not relieve the client of its payment obligation.

7.3 Complaints submitted in a timely and correct manner will be handled by the complaint handlers of Roeicoach. These complaint handlers are not financially, organizationally or in any other way involved with Roeicoach. A complaint will be dealt with as soon as possible, but in any case within thirty days of receipt by complaint handlers.

Article 8: Liability

8.1 Roeicoach excludes any liability for damage or accident caused at the location where Roeicoach organizes its course. Students therefore hold Roeicoach as organizer and as instructor not liable for any direct or indirect damage whatsoever caused during the course.

Roeicoach shall not be liable for any medical and/or psychological complaints and/or consequences, incurred during or after participation in a course. Roeicoach cannot be held liable for any possible material, physical or mental damage.

8.2 Should a renewed execution of the order not be possible, then Roeicoach's possible liability is explicitly limited to an amount equal to what Roeicoach has charged the student with regard to this agreement, or at least could have charged. Any further liability is therefore expressly excluded.

8.3 The student is and remains fully responsible and liable for his/her actions in a course.

8.4 No rights can be derived from the content of website, brochures or leaflets.

Article 9: Secrecy and diligence

9.1 Rowing Coach undertakes to keep all known information regarding the student confidential from third parties.

9.2 Exceptions to this confidentiality:

- all information that is public and not restricted in a separate agreement;

- all information requested or required by authorities empowered to do so.

Article 10: Privacy

10.1 The Foundation Rowing Coach, like all other organizations, must comply with the Privacy Act. Our address database is composed of participants in our courses, workshops and trainings and of people who have requested information from us. If you appreciate to be informed about courses, workshops and trainings of the rowing coach foundation, and you already receive emails from us, you do not need to take further action. We will then keep you informed. If you're not interested in our activities, would you please send us an email with the subject: 'removal from address file' with your name and the email address you used? We will then remove you from our address file.

10.2 Stichting Roeicoach has stored in its administration the following data of participants in its courses, workshops and trainings:

name of participant;
rowing club;
mobile phone number;
email address;
missed modules with (possible) catch-up date;
course(s) taken and date of course completion.

We keep the above information about our participants 10 years after registration 1st course.

Article 11: Other provisions

11.1 The agreement between Roeicoach and the client is governed by Dutch law. The court to hear disputes between the contractor and the client is the competent court in the district where the contractor is located.

11.2 Both Roeicoach and the client shall be entitled to terminate this agreement with immediate effect if the other party applies for a suspension of payments or is declared bankrupt, or - if the client is a natural person - is placed under guardianship or dies.

11.3 For courses, teaching materials or other materials are made available within the course price. This is indicated in the description of the course.  All other material provided may only be used during the course and remains the property of Roeicoach.