Citadel Spaans Taalcentrum – Language Training. Below you will find the General Terms and Conditions. These apply whenever you use the services of Citadel Spaans Taalcentrum.
Last modified on: December 10, 2024
Article 1. Definitions
1.1. General Conditions: These General Conditions.
1.2. Citadel Spaans Taalcentrum, located at Noordeinde 15A, 2514GB, The Hague and registered with the Chamber of Commerce under number 69454280, also available at: https://www.citadelspaans.nl/.
1.3. Consumer: the Client who does not act in the exercise of a profession or business.
1.4. Service(s): service(s) as described in the Agreement.
1.5. Products: all products as described in the Agreement.
1.6. Intellectual Property Rights: rights (of intellectual property) that include, but are not limited to, copyright (including, of course, the copyright that applies to software), database rights, domain names, trade name rights, trademark rights, design rights, related rights, patent rights, as well as rights to know-how.
1.7. Offer: a written proposal from Citadel Spaans Taalcentrum.
1.8. Client: the natural or legal person who acts or does not act in the exercise of a profession or business who has entered into an Agreement with Citadel Spaans Taalcentrum.
1.9. Delivery: takes place after the Client’s approval, after the Client’s use, or by notification to the Client, after which there has been no response from the Client within 7 days of the notification.
1.10. Agreement: The agreement between the Parties under which Citadel Spaans Taalcentrum provides its Products and Services to the Client, of which the General Conditions are an integral part.
1.11. Party(ies): Citadel Spaans Taalcentrum and the Client together or separately.
1.12. Confidential Information: non-public information related to a Party and information that a Party indicates is confidential, or that, by the nature of the information or the circumstances in which the disclosure is made, must be treated as confidential.
1.13. Employee: The person who is employed by one of the Parties, or who performs work on behalf of the corresponding Party.
1.14. Business Client: the Client who acts in the exercise of a profession or business.
Article 2. Applicability and interpretation
2.1. The General Conditions are applicable and form part of every (legal act) related to the preparation, conclusion, or execution of the Agreement. The General Conditions also apply to all subsequent Agreements between the Client and Citadel Spaans Taalcentrum, if the Client has accepted their validity in previous Agreements with Citadel Spaans Taalcentrum.
2.2. The applicability of any purchase condition or other conditions of the Client is expressly excluded.
2.3. Provisions or conditions established by the Client that differ from, or are not found in the General Conditions are applicable to the Agreement to the extent that the Parties agree to them in writing.
2.4. In the event that, in addition to these General Conditions, specific product, action, or service conditions are also applicable, those conditions will also apply, but the Consumer, in the case of conflicting conditions, may always invoke the applicable provision that is most favorable to them.
Article 3. Conclusion of the Agreement
3.1. All Offers and other proposals from Citadel Spaans Taalcentrum are non-binding and valid for a period of 14 days.
3.2. The Agreement is concluded at the moment of acceptance by the Client of the Offer from Citadel Spaans Taalcentrum and the fulfillment of the conditions set by Citadel Spaans Taalcentrum. If the Consumer has accepted the offer electronically, Citadel Spaans Taalcentrum will confirm receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance is not confirmed, the Consumer has the option to rescind the Agreement.
3.3. An offer is presumed to have been accepted if the Agreement is fulfilled without objections. The offer can be accepted both verbally and in writing.
3.4. Anyone over the age of 18 can enroll.
3.5. An enrollment is strictly personal and cannot be transferred to others.
3.6. Citadel Spaans Taalcentrum reserves the right of admission.
Article 4. Execution of the Agreement
4.1. Citadel Spaans Taalcentrum will begin the execution of the Agreement after its conclusion, on the date or time agreed in the Agreement. If no fulfillment date has been agreed, Citadel Spaans Taalcentrum will immediately begin the execution of the Agreement.
4.2. If delivery cannot be made within the agreed timeframe, Citadel Spaans Taalcentrum will inform the Client accordingly. The Business Client is considered to accept a new delivery date. The Consumer will have the option to rescind the Agreement at no cost.
4.3. The Client acknowledges that they do not have the authority to give instructions regarding the Products or Services that Citadel Spaans Taalcentrum must provide for the execution of the Agreement.
4.4. The Client is obliged to do everything that is reasonably necessary and desirable to allow for timely and correct execution of the assignment. In particular, the Client will ensure that all data that Citadel Spaans Taalcentrum indicates are necessary or that the Client should reasonably understand are necessary for the execution of the assignment are provided to Citadel Spaans Taalcentrum in a timely manner.
4.5. If and to the extent that good execution of the Agreement requires it, Citadel Spaans Taalcentrum has the right to involve third parties in the execution of the Agreement. The General Conditions also apply to work performed by third parties in the context of the Agreement. These third parties do not have power of representation.
4.6. Citadel Spaans Taalcentrum is not obliged to have work performed by third parties designated by the Client. The Client is responsible for the goods necessary for the execution of the Agreement that have been prescribed by or on behalf of the Client, or that are or should be supplied by a supplier designated by the Client, as well as for the non-delivery or late delivery of the same.
Article 5. Duration, modifications, and termination of the Agreement
5.1. The duration of the Agreement will be established in the Agreement. If no duration is included, the Agreement is considered valid for the time necessary for the delivery of the Products or Services.
5.2. The Consumer may rescind the Agreement at any time with one month’s notice. If the duration of the Agreement is a maximum of one year, this possibility only exists after the term of the Agreement has ended.
5.3. If the service has been partially executed before the notice period expires, the Consumer may only claim a proportional part of the price corresponding to the unexecuted part of the Service.
5.4. The Consumer expressly declares and accepts that the right of withdrawal, as mentioned in Article 6:230o of the Civil Code, is excluded for the delivery of our Services because a specific execution date has been agreed.
5.5. By accepting these General Terms and Conditions, the Consumer expressly acknowledges that:
- They are aware that the execution of the service begins with their consent; and
- They waive their right to withdraw from the agreement.
5.6. The Consumer’s consent regarding the waiver of the right of withdrawal will be documented by:
- A written or digital declaration; or
- The performance of an act that can reasonably be interpreted as consent, such as placing an order or accepting the delivery of the Service.
5.7. Changes (for example, transferring the enrollment to another Service) can only be made in consultation with Citadel Spaans Taalcentrum and before the start of the course or after the first class. This is possible only once and within 6 months from the start of the Agreement.
5.8. If a private class or an Incompany class is canceled with less than 24 hours’ notice, it will be charged. The hours of a 6-hour private class package are valid for 3 months from the start of the Agreement. The hours of a 15-hour private class package are valid for 6 months from the start of the Agreement. The hours of a 30-hour private class package are valid for 9 months from the start of the Agreement.
5.9. To ensure quality, the course material provided by Citadel (books or other material) cannot be returned or replaced.
5.10. The Business Client cannot terminate the Agreement prematurely.
5.11. In the event of termination, the Client must pay the total amount, minus the savings resulting from the termination for Citadel Spaans Taalcentrum. Citadel Spaans Taalcentrum will deliver the work already completed. If the price has been set based on the actual costs incurred by Citadel Spaans Taalcentrum, the price that the Client must pay will be calculated based on the costs incurred, the work performed, and the profit that Citadel Spaans Taalcentrum would have obtained for the complete work. Amounts will remain due after the termination of the Agreement and will be immediately payable from the day of termination.
5.12. Citadel Spaans Taalcentrum may suspend or terminate the Agreement at any time if:
a. The Consumer has been declared bankrupt;
b. A grace period has been granted to the Consumer;
c. The Consumer exhibits behavior that undermines a safe learning environment, either towards other clients or towards employees.
d. The Business Client’s company is dissolved or liquidated.
5.13. Although we try to avoid changes, Citadel Spaans Taalcentrum reserves the right to adjust the schedule or the assigned instructor. If a student can no longer follow the course due to this, the full tuition will be refunded within 10 business days after cancellation.
5.14. If there are insufficient enrollments, Citadel Spaans Taalcentrum may cancel a course. In that case, we will inform the Consumer at least 3 days before the start. If no suitable alternative is available, the paid tuition will be refunded within 10 business days.
5.15. Obligations that by their nature are intended to continue even after the termination of the Agreement will remain in effect and will be applicable to the Consumer and their legal successors.
Article 6. Price and payment
6.1. The Client pays Citadel Spaans Taalcentrum the amount indicated in the Agreement. All prices mentioned by Citadel Spaans Taalcentrum are in euros. In most cases, a deposit is required. The amount to be paid will be included in the Agreement.
6.2. All prices mentioned by Citadel Spaans Taalcentrum are exempt from value-added tax (VAT) and include other charges imposed by the government, unless stated otherwise.
6.3. A payment term of 14 days applies to each invoice.
6.4. It is not possible to pay in cash or later. Enrollment can only be made through the offered payment methods.
6.5. If a price is based on data provided by the Client and this data turns out to be incorrect, Citadel Spaans Taalcentrum has the right to adjust the price accordingly, even after the Agreement has already been concluded. The Consumer has the right to rescind the Agreement after this adjustment.
6.6. If the Client does not fulfill their payment obligations on time, Citadel Spaans Taalcentrum will notify them of the payment delay. After the notification of late payment, Citadel Spaans Taalcentrum will grant the Client a period of 14 days to fulfill their payment obligations.
6.7. In the event of late payment, the Client, in addition to the amount owed and the legal interest that has arisen, will be obliged to fully reimburse both the extrajudicial and judicial collection costs, including the costs of lawyers, jurists, bailiffs, and collection agencies.
6.8. Citadel Spaans Taalcentrum may, within legal limits, inquire whether the Client can meet their payment obligations, as well as all facts and factors that are relevant to responsibly assume the Agreement. If Citadel Spaans Taalcentrum has good reasons not to conclude the Agreement based on this investigation, it has the right to reasonably refuse an order or request or to link the execution to special conditions, such as payment in advance.
6.9. For Incompany courses, a minimum package of twenty hours is required. Upon accepting the offer, 50% of the total amount will be invoiced. The remaining amount must be paid 14 days before the start of the course. The start date and the number of participants can be changed once after acceptance.
Article 7. Consumer’s obligations
7.1. The Consumer will ensure that all (technical) information, decisions, and data that they consider necessary for the execution of the Agreement are provided to Citadel Spaans Taalcentrum in a timely manner. The Client is responsible for the accuracy and completeness of this. This includes, but is not limited to, complying with requests for permits and other legal requirements.
7.2. If necessary for the execution of the Agreement, the Consumer will provide timely free and unrestricted access to the land, building, and/or location where the work is to be carried out. The Consumer will ensure that Citadel Spaans Taalcentrum can use a suitable storage space free of charge, as well as any necessary (public) services, such as electricity, water (potable), gas, compressed air, telecommunications, or sewer connection.
7.3. The Consumer will ensure clean, safe, and healthy working conditions and is obliged to timely warn Citadel Spaans Taalcentrum and its Employees about hazardous situations.
7.4. The Consumer is liable for circumstances that prevent or hinder the execution of the work.
Article 8. Additional work
8.1. All changes in the execution of the Agreement, whether at the request of the Client or as a result of any circumstance requiring a different execution, will be considered additional work when associated with additional costs. These General Conditions apply to additional work.
8.2. If additional work has been performed at the request or with the consent of the Client, the additional work will be compensated by the Client. Citadel Spaans Taalcentrum may refuse to comply with such a request or enter into negotiations.
8.3. The Client accepts that additional work may cause delays in the Delivery of Products and Services, even if a Delivery time has been agreed. The Client is not entitled to compensation for that delay.
8.4. If the need for additional work arises during the execution of the Agreement, this will not give rise to a basis for the Client to rescind or dissolve the Agreement.
8.5. Circumstances that increase costs and are not attributable to Citadel Spaans Taalcentrum will be compensated as additional work. Citadel Spaans Taalcentrum will inform the Client about this as soon as possible. In that case, the Consumer will have the option to rescind the Agreement.
Article 9. Delivery and delivery time
9.1. The delivery times mentioned by Citadel Spaans Taalcentrum are indicative and are not considered fatal deadlines, unless the Parties have agreed otherwise in writing.
9.2. Citadel Spaans Taalcentrum reserves the right, if possible, to deliver the necessary goods and equipment to the Client. Ready equipment and goods may be stored at the Client’s expense and risk.
9.3. Citadel Spaans Taalcentrum will remain the owner of all Products until the Client has fulfilled all their payment obligations to Citadel Spaans Taalcentrum, including amounts owed due to default.
Article 10. Warranty
10.1. Citadel Spaans Taalcentrum guarantees that the Services delivered and the Products or results (derived from them) comply with the Agreement, the specifications mentioned in the offer, reasonable quality and/or utility requirements, and the existing legal provisions and/or government regulations on the date of conclusion of the Agreement.
10.2. The Client can claim this warranty if the defect is observed within 3 months after Delivery and the complaint is reported immediately after the discovery of the defect and is considered justified by Citadel Spaans Taalcentrum. Citadel Spaans Taalcentrum will provide an appropriate solution in the form of repair or compensation of the maximum amount paid by the Client for the corresponding component of the Agreement.
10.3. A warranty provided by Citadel Spaans Taalcentrum, the manufacturer, or the importer does not affect the legal rights and claims that the Client has under the Agreement.
10.4. The warranty will be extinguished if it is proven that the Client has not followed the advice of Citadel Spaans Taalcentrum or has not complied with the instructions for use.
Article 11. Intellectual Property Rights
11.1. The Intellectual Property Rights, which include all images, drawings, descriptions (technical) and advice that Citadel Spaans Taalcentrum provides to the Client, are the property of Citadel Spaans Taalcentrum.
11.2. The Client will not perform acts that may infringe the Intellectual Property Rights of Citadel Spaans Taalcentrum and/or its licensors, including, but not limited to, the disclosure and/or total or partial reproduction without authorization of what is mentioned in the previous paragraph. The Client acknowledges and accepts that any unauthorized use or action infringes the Agreement and applicable legislation.
Article 12. Confidentiality
12.1. The parties will treat the information provided to each other before, during, or after the execution of the Agreement as confidential when this information can reasonably be considered confidential, or when one of the parties has explicitly designated it as confidential. The parties also impose this obligation on their Employees as well as on third parties contracted by them for the execution of the Agreement.
12.2. The obligation of confidentiality will also remain after the termination of the Agreement for any reason, and for as long as the party providing the information can reasonably claim the confidential nature of the information.
Article 13. Liability
13.1. The limitations of liability in this Agreement apply unless the damage is the result of willful misconduct or gross negligence by Citadel Spaans Taalcentrum.
13.2. Citadel Spaans Taalcentrum will strive to execute the Agreement in the most careful and safe manner possible. Citadel Spaans Taalcentrum cannot influence the final use of what is delivered. Therefore, the Consumer is liable for the use of the result of the Agreement.
13.3. The delivery of the Agreement releases Citadel Spaans Taalcentrum from all liability for defects that the Client has already discovered or that they should reasonably have discovered at the time of Delivery.
13.4. The total liability of Citadel Spaans Taalcentrum for direct damages suffered by the Client as a result of a breach attributable to the execution of this Agreement, or for an unlawful act by Citadel Spaans Taalcentrum, its Employees, or third parties contracted by it, is limited per event or a series of related events to an amount equal to the agreed price in the Agreement (including VAT), with a maximum of €1,000.00.
13.5. Direct damages are understood to mean only: the reasonable costs to determine the cause and extent of the damage, the reasonable costs incurred to make the poor performance of Citadel Spaans Taalcentrum comply with the Agreement, and the reasonable costs incurred to prevent or limit damages, to the extent that the Client demonstrates that these costs have led to the limitation of direct damages.
13.6. The liability of Citadel Spaans Taalcentrum towards the Client for indirect or consequential damages or damages for loss of income or profits, damages for delays, damages for loss of data, damages for failure to meet deadlines due to changed circumstances, damages as a result of lack of cooperation, information, or materials from the Client, and damages for information or advice provided by Citadel Spaans Taalcentrum whose content is not an explicit part of the Agreement, is excluded.
13.7. The condition for the emergence of any right to compensation is that the Client reports the damage within a reasonable period, but in any case within two (2) months after its occurrence, in writing to Citadel Spaans Taalcentrum.
13.8. The liability of Citadel Spaans Taalcentrum regarding an attributable breach in the execution of the Agreement only arises if the Client immediately and adequately notifies Citadel Spaans Taalcentrum in writing, setting a reasonable deadline for remedying the breach, and Citadel Spaans Taalcentrum continues to breach its obligations after that deadline. The notification of breach must contain a description as detailed as possible of the breach, so that Citadel Spaans Taalcentrum can respond adequately.
13.9. The Client indemnifies Citadel Spaans Taalcentrum for all claims from third parties (including the Client’s customers), in relation to compensation for damages, costs, or interest, related to this Agreement and/or the Service.
13.10. Citadel Spaans Taalcentrum cannot be obliged to fulfill any obligation of the Agreement if Citadel Spaans Taalcentrum is prevented from fulfilling it due to force majeure. Citadel Spaans Taalcentrum is not liable for any damage resulting from force majeure.
13.11. Force majeure is also understood to mean, but not exclusively: interruptions of public infrastructure, defects in goods, equipment, or software or other source material whose use has been prescribed by the Client, unavailability of Employees, government measures, general transport problems, strikes, wars, terrorist attacks, and civil unrest.
13.12. If a force majeure situation lasts longer than 90 days, the Parties have the right to terminate the Agreement in writing. What has already been provided under the Agreement will be settled proportionally, with no further obligations between the parties.
13.13. Citadel Spaans Taalcentrum is not liable for damages or losses of course material caused by the Consumer.
Article 14. Modification of the General Terms
14.1. Citadel Spaans Taalcentrum reserves the right to modify or supplement these General Terms. Changes also apply to Agreements already concluded, with a period of 30 days after notification of the change.
14.2. Changes will be announced via https://www.citadelspaans.nl/, by email to the Client, or by another channel of which Citadel Spaans Taalcentrum can prove that the notification has been sent to the Client. Non-substantial changes of minor importance can be implemented at any time and do not require notification.
14.3. If a Consumer does not wish to accept a change, they must communicate this to Citadel Spaans Taalcentrum within 30 days of notification. Citadel Spaans Taalcentrum may then reconsider the change. If Citadel Spaans Taalcentrum does not withdraw the change, the Consumer may terminate the Agreement until the date on which the new terms come into effect.
Article 15. Final Provisions
15.1. Dutch law applies to the Agreement.
15.2. To the extent that no contrary provisions are made by mandatory law, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where Citadel Spaans Taalcentrum is located.
15.3. By “written” it is also understood in these General Terms to include communication by email, provided that the identity of the sender and the integrity of the email are sufficiently established.
15.4. If a provision of the Agreement or the General Terms is found to be null, this does not affect the validity of the Agreement or the General Terms as a whole. In such a case, the parties will establish one or more new provisions that, to the extent possible, reflect the intention of the original provision.
15.5. Citadel Spaans Taalcentrum has the right to transfer its rights and obligations arising from the Agreement to a third party that acquires Citadel Spaans Taalcentrum or the business activities of Citadel Spaans Taalcentrum.
Name: Citadel Spaans Taalcentrum
Address: Noordeinde 15A, 2514GB, The Hague
Email: info@citadelspaans.nl
Phone number: +31620908496