Terms and Conditions

Terms of Delivery
Terms of Delivery of Ludens Talentontwikkeling; these also apply to Ludens Opleidingen. Hereinafter referred to as Ludens Talentontwikkeling.

Article 1: Applicability
1.1 These terms and conditions apply to all offers and quotations issued by Ludens Talentontwikkeling, as well as to all agreements between Ludens Talentontwikkeling and clients relating to the provision of training and coaching, or consultancy in the broadest sense of the word, hereinafter referred to as the “assignment”.
1.2 Deviations from these terms and conditions are only binding if and insofar as they have been confirmed in writing by Ludens Talentontwikkeling.
1.3 The client’s general purchasing conditions do not apply, unless they have been accepted in writing by Ludens Talentontwikkeling.

Article 2: Formation of the assignment
In-company:
2.1 All offers and quotations from Ludens Talentontwikkeling are non-binding.
2.2 The agreement between Ludens Talentontwikkeling and the client is formed by (1) signature of the quotation by the client, (2) signature of the written confirmation by the client, or (3) written confirmation by Ludens Talentontwikkeling of the client’s telephone registration or assignment.
Open enrolment:
2.3 The agreement between Ludens Talentontwikkeling and the client is formed by signature by the client of the designated registration or application form, by the written confirmation signed by Ludens Talentontwikkeling and the client, or by written confirmation by Ludens Talentontwikkeling to the client of the registration or assignment sent by the client by email.

Article 3: Cancellation or modification of the assignment by the client
In-company:
3.1 Once the assignment has been granted and the project schedule has been approved by the client, the cancellation policy takes effect.
3.2 Cancellation means: the full or partial cancellation or postponement, at the client’s request, of agreed activities/services/the assignment on the dates agreed with the client.
The cancellation policy is as follows:
3.3 Cancellation of activities/services/the assignment up to one calendar month before the start of the relevant activity or activities: no costs;
3.4 Cancellation of activities/services/the assignment from one calendar month up to two calendar weeks before the start of the relevant activity or activities: 80% of the costs of the activities/services/the assignment;
3.5 Cancellation of reserved activities/services/the assignment from two calendar weeks before the start of the relevant activity or activities: 100% of the costs of the activities/services/the assignment.
3.6 The cancellation costs will be calculated and invoiced at the time when the relevant activity or activities would have started in accordance with the schedule approved by the client.
3.7 The statutory 14-day cooling-off period does not apply to business agreements.
Open enrolment:
3.8 The client for a training course has the right to cancel participation in, or the assignment for, a training course by registered letter.
3.9 Cancellation by the client of the assignment may take place free of charge up to four weeks before the start of the first training day.
3.10 In the event of cancellation less than four weeks before the first training day, the client is obliged to pay 100% of the course fee.
3.11 If the client or the participant designated by the client terminates participation prematurely after the start of the training course or otherwise does not participate in the training course, the client is not entitled to any refund.
3.12 A statutory cooling-off period of 14 days applies. Cancellation within the cooling-off period is free of charge. Any refunds will be made within a period of 30 days.

Article 4: Cancellation by Ludens Talentontwikkeling
4.1 Ludens Talentontwikkeling has the right to cancel the training course or refuse participation by a client or the participant designated by the client without stating reasons. In such cases, the client is entitled to a refund of the full amount paid by the client to Ludens Talentontwikkeling.

Article 5: Replacement
In the event of cancellation of participation by a participant in the training course, the client may provide a replacement, provided this is communicated to us in good time and provided the replacement fits within the target group of the relevant training course. Ludens Talentontwikkeling has the right to exclude a participant from participation in the training course. Reasons for this may include, for example: not fitting within the target group, significant personal issues, lack of motivation on the part of the participant, or contraindications for functioning in a group. Replacement after the start of the training course is no longer permitted.

Article 6: Payment
Open enrolment:
6.1 Ludens Talentontwikkeling charges the fees owed by the client by means of an invoice. The client must pay the training fee owed one month before the start of the training course, but no later than ten days after invoicing, in the manner specified by Ludens Talentontwikkeling, without suspension or set-off on account of an alleged failure by Ludens Talentontwikkeling, unless expressly agreed otherwise.
6.2 Travel, arrangement and accommodation costs, as well as mandatory literature in connection with participation in a training course, are not included in the training fee, unless expressly agreed otherwise in writing.
6.3 If the client does not pay within the agreed period, the client is in default without any notice of default being required. From the due date, Ludens Talentontwikkeling is always entitled to charge statutory interest. If timely payment is not made, Ludens Talentontwikkeling is entitled to immediately suspend the performance of the assignment.
6.4 In the event of failure to comply in time, the client is always obliged to reimburse Ludens Talentontwikkeling for all reasonably incurred judicial and extrajudicial collection costs, including the costs of collection agencies, as well as the actual costs incurred and the fees of bailiffs and lawyers, even if these exceed the legal costs awarded by the court. The extrajudicial collection costs amount to at least 15% of the amount owed by the client, with a minimum of €113 excluding VAT.
In-company:
Ludens Talentontwikkeling charges the fees owed by the client by means of an invoice. Payment must be made to the bank or giro account specified on the invoice within a period of 30 days, without suspension or set-off on account of an alleged failure by Ludens Talentontwikkeling.
6.5 If the client does not pay within the agreed period, the client is in default without any notice of default being required. From the due date, Ludens Talentontwikkeling is always entitled to charge statutory interest. If timely payment is not made, Ludens Talentontwikkeling is entitled to immediately suspend the performance of the assignment.
6.6 In the event of failure to comply in time, the client is always obliged to reimburse Ludens Talentontwikkeling for all reasonably incurred judicial and extrajudicial collection costs, including the costs of collection agencies, as well as the actual costs incurred and the fees of bailiffs and lawyers, even if these exceed the legal costs awarded by the court. The extrajudicial collection costs amount to at least 15% of the amount owed by the client, with a minimum of €113.

Article 7: Suspension and termination
7.1 Ludens Talentontwikkeling has the right to refuse participation by the client or by the participant designated by the client in an assignment, or to suspend the performance of the assignment or terminate the agreement, if the client has not fulfilled their payment obligation on time, without prejudice to the provisions of Article 6.

Article 8: Copyright
8.1 The copyright to brochures and project materials issued by Ludens Talentontwikkeling rests with Ludens Talentontwikkeling, unless expressly stated otherwise. Without the express written consent of Ludens Talentontwikkeling, the client may not publish and/or reproduce in any way any information from any material.
8.2 The copyright to reports, proposals and other documents resulting from the work of Ludens Talentontwikkeling also rests exclusively with Ludens Talentontwikkeling, unless otherwise agreed in writing.

Article 9: Liability
9.1 Ludens Talentontwikkeling endeavours to perform the assignments given to it to the best of its knowledge and ability.
9.2 Ludens Talentontwikkeling is not liable for damage arising from and/or during the use of services provided by Ludens Talentontwikkeling, even if such damage was caused by third parties engaged by Ludens Talentontwikkeling in the performance of the agreement.
9.3 Ludens Talentontwikkeling is liable for shortcomings in the performance of the assignment insofar as these are the result of a failure to observe the care, expertise and professionalism that may be relied upon in the context of the relevant assignment. Liability for damage caused by such shortcomings is limited to the amount of the fee that Ludens Talentontwikkeling has received for its work in the context of the assignment. For assignments with a duration of more than six months, the liability referred to here is further limited to a maximum of the invoice amount for the last six months.
9.4 The client indemnifies Ludens Talentontwikkeling against claims from third parties.
9.5 In the performance of the assignment, Ludens Talentontwikkeling is not liable for loss, theft or damage to personal property.
9.6 If the assignment has been granted by more than one client, all clients are jointly and severally liable for compliance with the obligations arising from these general terms and conditions.

Article 10: Confidentiality
10.1 All information provided by or about participants or clients, before or during the training courses/sessions, and which may reasonably be expected to be confidential in nature, will be treated confidentially by Ludens Talentontwikkeling, its employees and trainers. Name, address and contact details will be stored securely and used only for internal administration and not for purposes other than those necessary within the programmes or certification.

Article 11: Complaints procedure
11.1 We do our utmost to ensure that our clients are satisfied. Because good contact with our clients is very important to us, we also hope that any complaints can be reported and resolved verbally. If, despite this, a client is not satisfied, our written complaints procedure may be followed. After receiving the written complaint, we commit ourselves to the following:
a. Within one week, an acknowledgement of receipt will be sent with an explanation of the next steps.
b. As soon as possible, but no later than within four weeks, we will provide a written response. If the above-mentioned deadline cannot be met, we will notify the client of this in writing within the then current period, with careful substantiation and an estimate of a feasible new deadline.
c. The complaint will be handled by the management.
d. If the handling of the complaint is still considered unsatisfactory by the client, Mr A. de Jong of the Bert Hellinger Institute (andries.dejong@hellingerinstituut.nl) will be engaged as an independent third party. We consider his judgment to be binding and will implement the recommendations as soon as possible.
e. The parties will not make any external statements about the complaint, privacy-sensitive data or internal matters of either party without each other’s consent, where they know or can reasonably understand the confidential nature of such matters. This provision will remain in force after termination of the agreement.
f. The data and history of the complaint will be kept in our records for 2 years.
All complaints, whether written or verbal, will be treated confidentially.

Article 12: Applicable law and competent court
12.1 Every agreement between Ludens Talentontwikkeling and a client is governed by Dutch law. Disputes arising from agreements to which these terms and conditions apply will be submitted to the competent court in Amsterdam.