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Terms & Conditions

1. Definitions

  • Trainer: Wendel Zwaal, CNVC Certified Trainer.

  • Participant: any natural or legal person registering for or taking part in a course, training, mediation, or empathy session.

  • Consumer: a Participant who is a natural person acting outside a trade or profession.

  • Business Participant: a Participant acting in the course of a trade or profession (i.e., not a Consumer).

  • Agreement: the contract between the Trainer and the Participant regarding the Services.

  • Services: all activities offered by the Trainer, including courses, trainings, mediations, and empathy sessions.
     

2. Scope

2.1 These Terms apply to all offers, Agreements and Services of the Trainer, unless agreed otherwise in writing.

2.2 Before or upon conclusion of the Agreement, the Participant receives these Terms (e.g., as a link or PDF).

2.3 Deviations are valid only if confirmed in writing by the Trainer.

2.4 Course information. For each course the website states at least: name, contents, level, duration, learning objectives, target group, any entry requirements, indicative study load (hours/week), and information on course materials (provided vs. to be purchased). Where applicable: (re)assessments, certification and resit options.
 

3. Registration & Formation

3.1 Registration can be made via the online form, by e-mail, or in writing.

3.2 The Agreement is concluded once the Trainer confirms the registration in writing or by e-mail.

3.3 For group activities, a minimum number of Participants may apply; see Section 6.

3.4 Response time. The Trainer acknowledges receipt of registrations and general enquiries within two business days.

3.5 Reachability. The Trainer can be reached by email and phone (voicemail if needed). Administrative/scheduling questions are answered within the time frame stated in Section 3.4.
 

4. Prices, VAT and invoicing

4.1 Unless stated otherwise, amounts are inclusive of VAT. If (part of) the Service is VAT-exempt under law/registration (e.g., CRKBO) this will be reflected on the invoice; otherwise VAT applies.

4.1a VAT exemption for vocational training. Where a service qualifies as vocational education and the Trainer (or delivering institution) is registered in the CRKBO, no VAT is charged. Other services are inclusive of VAT; the invoice will reflect this.

4.2 Each activity specifies what is included (e.g., teaching hours, any materials) and excluded (e.g., travel/lodging).

4.3 After (down)payment, the Participant receives an invoice/receipt; after full payment a final invoice is issued, reflecting the deposit.
 

5. Payment and deposit

5.1 Deposit upon registration. The amount is stated in the relevant course terms. Registration becomes final upon receipt of the deposit.

5.2 Balance (sliding scale). Unless stated otherwise, the remaining fee is paid after the course, based on the choice-based fee range (sliding scale) published by the Trainer; the Participant chooses an amount within that range. The deposit is deducted.

5.2a Business tariff (highest tier). For Business Participants, the fee for Courses/Trainings is fixed at the highest amount within the applicable sliding scale. The choice within the sliding scale in Section 5.2 applies only to Consumers. (This does not change the cancellation calculation in Section 7.4a.)

5.3 Timing. The balance is due within 14 days after the end of the course.

5.4 Late payment. Statutory interest and reasonable collection costs may be charged. The Trainer may refuse or terminate participation until full payment is received.
 

6. Cancellation / changes by the Trainer

6.1 The Trainer may cancel or reschedule in case of insufficient registrations or force majeure.

6.2 In case of cancellation by the Trainer, the Participant is entitled to a refund of all fees received by the Trainer, including the deposit.

6.3 Any fees charged by the Participant’s own bank/payment provider (e.g., transfer, incoming transaction or FX costs) are not reimbursed.

6.4 Refunds are made via the original payment method and currency, unless agreed otherwise in writing.
 

7. Cancellation by the Participant

A. Courses/Trainings

7.1 Cancellation up to 30 days before the start date: free of charge.

7.2 Cancellation 30 to 14 days before the start date: 50% of the fee is due.

7.3 Cancellation less than 14 days before the start date: 100% of the fee is due.

7.4 Deposit set-off. The cancellation fee is set off against the deposit. If the fee is lower than the deposit, the difference is refunded; if higher, the excess is due.

7.4a Basis for calculation (sliding scale). For Courses/Trainings, the “fee” in Sections 7.1–7.3 is deemed to be the lowest amount within the applicable sliding scale for the relevant course, unless a higher amount has already been paid in full by the Participant; in that case, the cancellation fee is capped at the amount already paid. The deposit set-off rule in Section 7.4 applies.

7.5 Consumer exception (right of withdrawal). See Section 8.

7.6 Regret period (goodwill refund). In addition to any statutory right of withdrawal in Section 8, the Trainer offers a goodwill “regret period” for Courses/Trainings: if the Participant cancels within 14 days from the date of payment and at least 5 working days before the official start date of the course, the Trainer will refund the prepayment in full. Refunds are processed within 14 days of the cancellation request, via the original payment method and currency unless agreed otherwise in writing. This goodwill refund does not apply to Empathy Sessions or Mediation and does not limit the cancellation fees described in Sections 7.1–7.3 if the above conditions are not met. For clarity, “working days” means Monday–Friday, excluding public holidays in the Netherlands.

B. Empathy Sessions and Mediation

7.7 Cancellation up to 48 hours before the scheduled appointment: free of charge.

7.8 Cancellation within 48 hours before the scheduled appointment (or in case of no-show): the lowest amount within the applicable sliding-scale for the relevant service will be charged.

7.9 The above is without prejudice to the Consumer’s right of withdrawal in Section 8.
 

8. Cooling-off period (Consumer right of withdrawal)

8.1 Consumers have a statutory 14-day cooling-off period from registration (contract conclusion).

8.2 If the service starts within those 14 days and the Consumer expressly requests immediate performance, the Trainer may charge proportionate costs for the part already delivered.

8.3 Upon valid withdrawal within 14 days, amounts paid, including the deposit, are refunded within 14 days of withdrawal. Any fees retained by the Participant’s bank/payment provider are not reimbursed separately.

8.4 Clarification. The goodwill regret period in Section 7.6 is separate from, and does not limit or replace, the Consumer’s statutory right of withdrawal in this Section 8.
8.5 Note. The statutory cooling-off period in this Section runs from registration, while the goodwill regret period in Section 7.6 runs from payment.
 

9. Performance, attendance and conduct

9.1 The Participant is responsible for attendance, preparation, and following reasonable instructions to maintain a safe and respectful learning environment.

9.2 No-shows or early withdrawal do not entitle the Participant to (partial) refunds, unless agreed otherwise in writing.

9.3 The Trainer may refuse (continued) participation in case of seriously disruptive behaviour; payment obligations remain.
 

10. Liability

10.1 The Trainer is not liable for damages resulting from participation in the Services, except in cases of intent or gross negligence.

10.2 Participants remain fully responsible for their own choices and actions.
 

11. Intellectual property

11.1 All materials/hand-outs/formats remain the property of the Trainer or its licensors.

11.2 Materials may not be copied, shared, or used commercially without prior written consent, other than for the Participant’s personal use during/after the course.
 

12. Privacy and confidentiality

12.1 The Trainer processes personal data in accordance with the GDPR; see the Privacy Policy at https://www.wendelzwaal.com/privacy-policy

12.2 Information shared during trainings, mediations, and empathy sessions is treated as confidential, subject to legal obligations or explicit consent.
 

13. Complaints procedure

13.1 Complaints are handled according to the complaints procedure published at https://www.wendelzwaal.com/complaints-procedure

13.2 If a complaint cannot be resolved satisfactorily, it may be submitted to an independent third party as described in that procedure.

13.3 Timelines. The Trainer acknowledges receipt within two business days and provides a substantive response within four weeks. If more time is needed, the Participant will be informed within that period with reasons and a new target date. The decision of the independent third party is binding on the Trainer, who will implement required measures without undue delay.
 

14. Force majeure

The Trainer is not obliged to perform in case of force majeure (including Trainer’s illness, pandemic measures, third-party outages, strikes, governmental acts). The Trainer will endeavour to offer a suitable alternative or refund in accordance with Section 6.
 

15. Changes to the Terms

The Trainer may amend these Terms. The version provided at registration applies. Amendments do not affect Agreements already concluded, unless the Participant agrees.
 

16. Governing law and forum

These Terms are governed exclusively by Dutch law. Disputes are submitted to the competent court in the Netherlands.

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