General Conditions Amsterdam ADR Institute
Article 1: Definitions
The Amsterdam ADR Institute distinguishes in these General Conditions between "public course", "commissioned course", "study group" and "documentation". By "public course" is understood all training activities, not being commissioned courses, which can be participated in by public enrollment. By "public course" is consequently also understood "public training course". By "course commissions" is understood training activities that are developed and carried out on commission by one or more clients, being contracting parties, on behalf of several persons or bodies. By "study group" is understood any meeting that the Amsterdam ADR Institute organises for specialised lawyers, principally in order to exchange information relevant to the profession, participation in which is on the basis of ongoing membership. By "documentation" is understood the periodic dissemination in collected form for lawyers of relevant information on the basis of subscription.
Article 2: Exclusion
Course participants who attend activities of the Amsterdam ADR Institute in the context of an external regulation have no claim under these General Conditions if and to the extent that specific conditions apply in the context of such external regulation.
Article 3: Fees and costs
a. Public courses
The participant in a public course or the company or firm that enrolled the participant is liable for payment of the course fee from the moment of enrollment on the course as evidenced by the notification of enrollment. The course fee includes a registration fee, the amount of which is published bi-annually in the courses pamphlet of the Amsterdam ADR Institute. The course fee must be paid within 14 days of receipt of the invoice but not prior to the date of receipt of the notification of enrollment on the course in question.
b. Commissioned courses
The fees, expenses and arrangements relating to payment in respect of "commissioned courses" will be set out in a contract.
c. Study groups
The fee for membership of a study group is fixed annually by the Amsterdam ADR Institute for the following calendar year and each member who is registered on 1 January is liable for a whole year’s fee.
The fee for documentation is fixed annually by the Amsterdam ADR Institute for the following calendar year and each subscriber who is registered on 1 January is liable for a whole year’s fee.
Article 4: Cancellation of activities
a. Public courses
- The Amsterdam ADR Institute is entitled to cancel a course, for example, for lack of sufficient enrollments, up to the moment of serving a notice of enrollment to the participant but not within a period of 28 days of the planned commencement of the course. Any sums already paid will be repaid in full. Thereafter a course may be cancelled by the Amsterdam ADR Institute only for exceptional unforeseen circumstances, such as the sudden unavailability of one or more instructors or the unexpected unavailibility of a reserved location.
- A participant may cancel a course only in writing received prior to one month before the commencement of the course. In such case cancellation costs of 25% of the course fee will be due. Cancellation within one month of the commencement of the course is not permitted. Should circumstances prevent participation on the course a substitute may attend provided that person satisfies the selection criteria for the course. Where the participant withdraws without a suitable substitute the entire course fee will be due to the Amsterdam ADR Institute.
- Post-graduate Master of Dispute Resolution, 1st and 2nd year. A participant is entitled to cancel the enrollment in writing up to six weeks prior to the planned commencement date of the course. In such case cancellation costs of 25% of the course fee will be due. Cancellation within six weeks of the commencement of the course is not permitted. A substitute may be presented provided such person is positively vetted in the admission interview and fits the target group as specified in the course pamphlet issued by the Amsterdam ADR Institute.
b. Commissioned courses
Where either the commissioning party or the Amsterdam ADR Institute is obliged due to unexpected circumstances to change the agreed dates of the implementation of the activities that party will inform the other party thereof immediately following knowledge of the cause for the change, and the parties will consult with each other in order to reach a new agreement on the dates of implementation and what each party should do to minimise the consequences of the delay. Costs arising from the delay in implementing the activities will be for the account of the party with the cause of the delay. Where the commissioning party cancels the commission that party will be liable for the following percentages of the agreed fee for the commissioned work: - within three months of the date of the first activity: 50% - within two months of the date of the first activity: 75% - within one month of the date of the first activity: 100% In the case of cancellation before three months of the date of the first activity the commissioning party will be liable for all direct and consequential costs made up to that moment.
c. Study groups and documentation
A membership or subscription may be cancelled as of 31 December of the current calendar year and thereafter within fourteen days of the date of a letter in which the Amsterdam ADR Institute gives notice of a price or product change.
Article 5: Payment arrangement and collection of customised and public courses
Payments in instalments for public courses are only possible if this is stipulated in writing in advance to the course and signed by the student and the Amsterdam ADR Institute. If the first payment instalment is exceeded, the Amsterdam ADR Institute will consider the entire principle amount to be immediately payable.
Dutch VAT (19%) will also be payable on the collection charges.
Article 6: Confidentiality
The Amsterdam ADR Institute will keep confidential all information that it receives from the commissioning party.
Article 7: Liability
The Amsterdam ADR Institute strives to achieve an optimal qualitative input, both in content and in organisational terms, in all its activities. Nevertheless, it cannot be excluded that incidental incorrect information can be furnished either by the instructor during the teaching contact or in the written material furnished to the course participant or the commissioning party as part of the activity. The Amsterdam ADR Institute here accepts no responsibility whatsoever.
Article 8: Copyright
The Amsterdam ADR Institute or the person who writes or collects the written material that the Amsterdam ADR Institute supplies in the implementation of its training activites remains the owner of the related copyright in such material. The course participant, commissioning party and any other party is not permitted to reproduce that material without prior express written permission.
Article 9: Disputes relating to commissioned courses
Disputes between the Amsterdam ADR Institute and the commissioning party relating to the manner in which the Amsterdam ADR Institute has performed the agreed activity will at the initiative of either party first be brought before an impartial mediator listed in the register of the the Netherlands Mediation Institute. Should such mediation not lead to a settlement agreement between the parties of the dispute, either party may then proceed to bring legal proceedings.
Amsterdam, july 2007