These terms and conditions refer to the open market programmes on the website www.nebs.nl of the New Energy Business School – Part of New Energy Coalition (hereinafter referred to as “New Energy Business School”, “NEBS” or “we”). These terms and conditions apply to the agreement between the participant (student) and the organisation with which the participant enters into the (training course) agreement.

Article 1. General

These General Terms and Conditions apply to all NEBS offers and quotations for and agreements with a participant, with regard to the performance of services by NEBS, including – but not limited to – the provision of educational courses, seminars, training courses, workshops, congresses, conferences, summer courses and master courses (hereinafter collectively referred to as ‘training courses’) as well as providing persons, spaces and materials, etc., and all ensuing disputes. By registering, the participant agrees to these Terms and Conditions. We reserve the right to make printing or typing errors.

Article 2. Registration

Participants can register via the NEBS website by clicking on the training course of their choice and by email for the attention of the course manager. The agreement between the participant and NEBS is established by means of an email confirmation of electronic registration from NEBS to the participant.

Placement in a training course occurs in the order of receipt of the application forms. Preferences are taken into account as much as possible; however, no rights can be derived from them. If participants cannot be placed, they will receive notice of this via letter, email or telephone.

The participants commit themselves for the entire training course. NEBS enters into an agreement with the individual participant and not with the office or employer the participant works for. It goes without saying that participants are free to have the invoice paid by their office or employer (‘Invoice Address’), but the participants remain responsible for full and timely payment at all times. NEBS reserves the right to – without having to provide a reason – refuse individual registrations.

Article 3. Prices

The statements in the brochures, leaflets and other communications published by NEBS are binding, unless a different price has been agreed upon in a written agreement. All prices, unless stated otherwise, include training materials and catering. All prices are exclusive of travel and accommodation costs, unless otherwise stated in the description of the training course. NEBS is entitled to change the prices at any time, on the understanding that after confirmation of a training course the price applicable at that time will continue to apply, unless the training course is cancelled and postponed to a later date (see Article6), in which case the price applicable at the time of the new confirmation will apply. Prices are in euros, unless stated otherwise.

Article 4. Payment Terms

Unless explicitly agreed otherwise, the participant must pay the full training course price (or have it paid) at the latest within the payment term stated on the invoice. The payment term on the invoice is a strict deadline. If the training course price has not been paid on time, NEBS has the right not to carry out the agreement or to terminate it prematurely. In that case, the agreement is considered to have been cancelled by the participant and the cancellation costs as mentioned in Article 5 would apply.

Article 5. Cancellation by Participant

If participants are unable to attend, they can be replaced by another participant at no additional cost, provided written notice is given before the start of the training course. The participant still owes the entire original training course price. The total or partial cancellation of an agreement by a participant must be done in writing or by email. The cancellation costs are determined on the basis of the date of receipt of the letter or email or the date on which the payment term has expired. The participant has the right to dissolve the agreement for 14 days after ordering the training course (if the statutory nullification period under Article 6:230 of the Dutch Civil Code applies), unless otherwise agreed. If participant cancel their participation in a training course in writing 30 days before the start of the training course, € 75.00 administration costs will be charged as well as any – non-refundable – costs already incurred. If the participant cancels between 15 and 29 days before the start of the training course, 50% of the training course fee will be charged. If the participant cancels less than 15 days before the start of the training course, the full training course fee will be charged.

Article 6. Cancellation or Amendments

NEBS has the right to make changes (including, but not limited to, changes to the content, the structure, the instructors, the materials, the date, the time, the location, the place where the training course is being held) to announced training courses or to cancel announced training courses without having to provide a reason. We apply a minimum group size. If there are insufficient registrations, NEBS reserves the right to cancel the training course or move it to a date to be determined. In the event of the cancellation of a training course, the participant is entitled to reimbursement of the full amount paid to NEBS by the participant. In the event of a change in the date, time or location of a training course, the participant will be informed electronically. In that case, unless otherwise agreed, a participant may electronically cancel free of charge within 14 days of the date of the email concerning the change.

Article 7. Complaints Procedure

Complaints must be made to NEBS within 14 days of the cause of complaint, stating the reasons for the complaint. Within 5 working days, the sender will receive a confirmation of receipt. All complaints will be treated confidentially and will be dealt with within 4 weeks after receipt. Lodging a complaint does not affect the fulfilment of the payment obligations.

Article 8. Liability

NEBS makes every effort to perform all activities to the highest quality, both in terms of content and organisation. However, in spite of this, it cannot be ruled out that incorrect content-related information may be provided, either by the instructor during the training course or in the written materials provided to the participant as part of the training course. NEBS excludes all liability for this, unless there is intent or deliberate recklessness on the part of NEBS and/or its managers. NEBS’s entire contractual and non-contractual liability towards the participant for a training course is limited to liability in respect of direct damage (which in any case does not include: indirect damage, consequential damage, reduced goodwill, business interruption and related loss or damage); up to a maximum of the total amount of compensation paid by the participant to NEBS for the training course pursuant to the agreement. The participant indemnifies NEBS against all claims of third parties — including, but not limited to, the employer or employees of the participant — that arise either directly or indirectly from the activities performed within the framework of the agreement

Article 9. Force Majeure

In the event that NEBS is prevented by force majeure from carrying out all or part of the agreed services/activities, NEBS shall be entitled to suspend the execution of the agreement or to dissolve the agreement in whole or in part, at NEBS’s discretion, without NEBS being obliged to pay compensation for any damage. Force majeure includes – but is not limited to – absence of the instructor due to (personal) circumstances such as illness or death of the instructor or relatives of the instructor, as well as weather or traffic conditions that cause a delay or impNEBSment on the part of the instructor.

Article 10. Processing of Personal Data

If a participant registers for an NEBS training course, personal data will be used to compile a list of participants (name and employer). The data of the participants will be treated confidentially and will not be disclosed to third parties unless this is necessary for the correct execution of the agreement or unless NEBS is required to do so at the request of and pursuant to any statutory provisions, or if this is necessary for an audit. NEBS processes and handles (personal) data in accordance with the General Data Protection Regulation (GDPR).

The term ‘third parties’ refers to the parties with whom we cooperate for the execution of the agreement between NEBS and the participants. Examples include hosting parties, hotels, travel agencies, etc. The participants have the right to access their data. On request, a copy will be provided with all the data NEBS has processed.

Article 11. Permanent Education

NEBS provides a participant who has participated in a training course with a certificate for proof of participation, under the condition that the participant has signed the attendance list present at the training course meetings and has been present in at least 80% of the programme. Training courses offered by NEBS are, unless otherwise agreed, not a registered study programme by a recognised educational institution.

Article 12. Intellectual Property

It is not permitted to reproduce, disclose or exploit any information and (work) material obtained from or on behalf of NEBS within the framework of the training course, with or without the involvement of third parties, in whole or in part. The making of video and/or audio recordings during the training course is expressly forbidden. NEBS or the instructor is the copyright holder of the course material, unless otherwise stated on the course material itself

Article 13. Applicable Law

All agreements with NEBS are governed by Dutch law. All disputes arising from agreements with NEBS shall be submitted to the competent court in the Northern Netherlands.

General Terms and Conditions, version June 2022