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General sales conditions

General

Current general conditions determine on the one hand the rights and obligations of the 1180 Brussel, Zonnebloemlaan 26, ingeschreven in de K.B.O. onder nummer BE 0553 923 943, hereinafter PCA, and secondly the rights and obligations of its customers.

When registering for a course organized by PCA, the customer accepts the current general sales conditions and renounces his own general and special conditions stated on their own order form or commercial document.

The customer is definitively and irrevocably bound to PCA from registration.

1. Objective

Upon registration of a customer for a training program organized by PCA, the general conditions aim to determine the rights and obligations of PCA on the one hand and to determine the rights and obligations of the customer on the other.

2. Duration

The agreement starts at the time of registration by the customer for a training program organized by PCA and lasts until the training program in which the client has participated has ended.

When the client has enrolled for different study programs, the contract is created at the time of enrollment for the first program that was chosen, and the contract ends at the time of termination of the last program in which they participated.

3. Registration - Payment

3.1.

Enrollment will take effect by completing the online registration form on the website www.physicalcoaching.com for the training program, checking the box for approval of the general terms and conditions and a confirmation of the training institute to the participant that he has been admitted to the course.

3.2.

The customer submitting this form, declares to have read the general terms and conditions of PCA, and to accept them.

3.3.

PCA is free to adjust or change the general terms and conditions always. The customer must be notified of such an adjustment or change in writing or by email. The customer has 7 working days to annul the agreement after changes or adjustments in the general terms and conditions.

3.4.

Every registration is final and unconditional.

The registration fee is therefore entirely due by the customer.

3.5.

After registration, the customer has a cooling-off period of 14 working days, during which the customer can annul the enrollment in the training program without additional explanation free of charge, by submitting a registered letter.

3.6.

A registration can only be annulled by the customer in writing, namely by e-mail via infoNL@physicalcoaching.com, at least 14 working days before the start of the training program, as mentioned below in article 4.

3.7.

No refund, or partial reimbursement, of the registration fee can be claimed in the event of absence, full or partial, of the customer at the chosen training program.

3.8.

The PCA rate list (registration fees, price of the services and administration costs) is available on the PCA website and will be sent to the customer upon written request.

3.9.

The prices stated by PCA are, unless stated otherwise, VAT exempt and, just as the calendar of the organized training programs, are communicated as an indication, PCA reserves the right to adjust these to the circumstances if they so require.

In that case, PCA will inform the customer, at the latest 48 hours before the start of the chosen training program, of any rate change or calendar changes.

3.10.

The total owed amount of the enrollment must be paid at the latest 7 calendar days before the start of the chosen training program to the PCA account, n ° BE57 0017 3015 3735.

If, the applicable payment term for the training program is exceeded by more than 20 days, and the customer still has not met the outstanding amount, PCA is, without (further) notice being required, entitled to:

1. deny the customer access to the training program and the buildings where the training program is given.

2. to annul the agreement by means of a written notice to that effect to the customer.

3. to proceed with initiating collection measures, for which judicial recovery must be charged. The total amount due must still be paid.

3.11.

The PCA invoices are immediately due and payable.

Any amount unpaid on the due date will, after one last reminder, be increased by law, and without prior notice, with a default interest of 1% per month, as well as a lump-sum compensation of 15% of the invoice amount, with a minimum of € 150.

 

4. Cancellation

4.1.

The customer can annul their enrollment for a training program if this is done in writing (by e-mail to the address infoNL@physicalcoaching.com), at least 14 working days before the start of the training program.

If the terms are observed, the amounts already paid by the customer will be regarded as an advance on the payment of the price of another training program for which the client will be able to register to replace the training program for which they wish to annul their registration.

In this case, however, the customer will only be able to postpone their participation of a specific program if they register for another PCA training program, within the year of registration for the training program for which they wish to cancel their participation.

In any case, PCA will impose a lump-sum compensation of 15% of the amount of the registration fees for the administration costs associated with the annulment.

4.2.

If the customer stipulates the period for annulment in point 4.1. If they do not comply, they will not be allowed to transfer their participation in the training program they have chosen to another program for which they have enrolled.

In that case, the customer will remain under the obligation to pay the full price of this training program, unless proof of force majeure.

If PCA obtains sufficient proof of force majeure that prevents the participation of a customer in a training program for which they have registered, the parties can discuss a refund of the amounts paid by the customer, after deduction of a lump-sum compensation of 15% of the registration fees due to PCA for administration costs because of the annulment.

4.3.

If the number of enrolled clients for a training program is lower than the required minimum number for executing this training program, PCA reserves the right to, no later than 14 days before the start of the course:

- either cancel the training program upon reimbursement of the full amount paid by the customer;

- or to propose to the client new dates for the training program that will be held under the same circumstances as those provided for at registration, including the rates.

4.4.

Regarding the theoretical and / or practical examinations organized at the end of the training programs by PCA, the customer will be able to cancel their participation in the exam at least 5 working days before the exam is organized.

Once this period has expired, and unless proof is provided of force majeure, the customer that does not turn up for the exam will be regarded as unsuccessful.

The customer that cancels their participation in an exam with observance of the term and that wishes to take part in examinations organized within the framework of another program organized by PCA must inform PCA at least one month before the date of the exams.

In the event of non-compliance with this period, PCA reserves the right to refuse the customer participation in the examination.

In any event, the customer must take part in the exams provided at the end of the course for which they have enrolled within a period of 6 months from the last date of the training program, if not, they are presumed to have failed these tests.

 

5. Respect of the material made available

5.1.

The customer commits to using the premises and the material made available by PCA, within the framework of the agreement, decently and with care.

They will be liable for compensation to PCA for any damage for which they will be held responsible, either voluntarily or due to negligence, or because of an abnormal use of the installations and the material made available to them.

5.2.

In the event of loss or non-return by the customer of the material made available by PCA, this will be invoiced to them at replacement value.

5.3.

PCA reserves the right to refuse access to a lesson or training program to any client displaying behavior that is detrimental to the proper run of the course.

Any exclusion from training for improper behavior is executed without reimbursement or compensation.

 

6. Responsibilities

6.1.

PCA can in no case be held responsible for damage caused to the customer's personal properties by third parties or in the event of theft while attending a training program.

6.2.

In general, PCA will not be responsible in the event of foreseeable or unforeseeable, direct or indirect damage, of whatever nature, which may arise in the context of the agreement.

6.3.

However, this provision does not limit PCA's responsibility for serious misconduct or deception for which she, or one of her appointees, would be declared responsible.

PCA is not relieved of its responsibility in the event of erroneous deception in the context of the essential performance of the agreement.

6.4.

PCA is not liable for lost revenues or costs incurred by the customer by, in case of force majeure, changing dates or times of lessons, exams or class locations.

Force majeure means any circumstance beyond our control which is of such a nature that compliance with the agreement cannot reasonably be expected from PCA (so-called non-attributable shortcoming in performance). Force majeure includes: war, riots and hostilities of any kind, blockade, boycott, strike, natural disasters, epidemics, lack of raw materials, disruptions in our company or in the company of our suppliers, changes or shortcomings of our suppliers or partners, obstacles caused by measures, laws or decisions of international, national or regional (government) authorities.

If PCA cannot (timely) comply with the agreement due to force majeure, the training institute has the right to execute the agreement later, or to regard the agreement as annulled, at their discretion. In case of force majeure, the customer cannot claim compensation from PCA.

6.5.

The customer is obliged to examine (themselves) whether they possess and retain the physical and / or mental fitness to follow the training program. When in doubt about your health, you are urgently advised to consult with your doctor. PCA accepts no liability whatsoever for the direct or indirect consequences of the lack of this suitability. The customer indemnifies PCA against any claims from third parties, including but not limited to, fellow participants.

 

7. Complaints

7.1.

If the customer has a complaint, they can notify PCA by e-mail to infoNL@physicalcoaching.com stating the reason and nature of the complaint.

7.2.

After receipt the training institute will contact the customer within 7 working days. Furthermore, the complaint will be dealt with within 21 working days after contact between the customer and the training institute. If it takes longer to do research, the customer will be notified within 21 working days, explaining the definitive answer. An indication will be given when it is expected to give a definitive answer.

7.3.

If the customer disagrees with the decision on the complaint, a third party's decision will be appealed to, this decision will be binding for the training institute. For complaints concerning course and exam content this third party is the sector organization related to the training program. For organizational and administrative matters, this is a party designated by the training institute that operates independently based on their professional ethics. If the training institute wants to initiate a binding recommendation, it first gives the customer the opportunity, by registered letter, to opt for the dispute to be submitted to the competent court. If this period has expired without the customer having chosen for legal process, the binding advice can be requested and applies to all parties.

7.4.

Complaints are treated confidentially.

7.5.

Complaints and the manner of handling are registered and archived for at least 1 year.

 

8. Protection of privacy

8.1.

Upon registration, the customer explicitly gives permission to PCA to provide their name as a reference, to be mentioned in a brochure or advertisement on its website.

8.2.

The customer also grants permission to PCA to include photos, taken in connection with training programs in which they have taken part and on which they appear, in their brochures or website.

8.3.

PCA manages the personal data of her customers in accordance with the Personal Data Protection Act of 1 September 2001 for the protection of privacy regarding the processing of personal data and is responsible for the processing of the data.

8.4.

The personal data that is collected by PCA is either submitted by the customer or may have been communicated to PCA by third parties in execution of the agreement.

The data are processed by PCA for the following purposes:

- optimize the management of PCA's activities

- manage the clientele

- to communicate with customers

- possibly to carry out a market survey and to compile statistics on the type of courses for which certain customers decide to register

- set up personalized or non-personalized information campaigns and guide any marketing campaigns

- to ensure the safety of the premises and the equipment provided

- to optimize the quality of service to customers

8.5.

The customer gives permission to PCA to use the personal data for commercial purposes, including sending electronic messages.

8.6.

The customer has access and amendment rights to the personal data obtained about them by PCA.

They have the right at any time, upon simple and free request, to oppose:

- the processing of personal data concerning them in the context of direct marketing and

- the use of these personal data for the transmission of electronic communications

Any request in this respect must be addressed in writing, by e-mail, to PCA at the address infoNL@physicalcoaching.com, with proof of the identity of the customer that submits the request.

 

9. Miscellaneous

9.1.

The possible nullity of a clause of the present general terms and conditions does not in any way cause the invalidity of the general terms and conditions, the parties commit, in good faith, to replace the null stipulation or provisions by one or more provisions that are as close as possible to the intention expressed by the parties at the end of the agreement.

9.2.

Current general terms and conditions are subject to Dutch law.