These General Terms and Conditions have been drawn up by Fotoacademie B.V. The Fotoacademie General Terms and Conditions consist of these General Terms and Conditions and the following specific modules:
I. Alumni Network enrolment conditions (in Dutch)
II. Enrolment conditions for the Basic Photography Programme (in Dutch)
III. Enrolment conditions for the Photography Programme (in Dutch)
IV. Enrolment conditions Basic Photography Course (in English)
Where the phrase ‘general terms and conditions’ is used in the Fotoacademie General Terms and Conditions, this shall be taken to include this general terms and conditions module, the Alumni Network enrolment conditions, the enrolment conditions for the Basic Photography Programme, the enrolment conditions for the Photography Programme and the enrolment conditions for the Basic Photography Course.
The student/consumer is any natural person who conducts business with or purchases services from the Fotoacademie or who negotiates the conclusion of an agreement with the Fotoacademie.
The general terms and conditions apply to all offers and agreements whereby the Fotoacademie supplies goods and/or services to a student/consumer.
The student/consumer ensures that all information that the Fotoacademie indicates is necessary or of which the student/consumer should reasonably assume that it is necessary for the performance of the agreement, is provided to the Fotoacademie in a timely fashion. If the information required for the performance of the agreement is not provided to the Fotoacademie on time, the Fotoacademie has the right to suspend the performance of the agreement and/or charge the additional costs associated with the delay according to the rates normally applied to the student/consumer.
The Fotoacademie is entitled to suspend compliance with its contractual obligations or to dissolve the agreement with immediate effect if the student/consumer fails to, does not fully comply with, or does not comply in a timely manner with the obligations laid down in the agreement, or if, as a result of delays on the part of the student/consumer, the Fotoacademie cannot reasonably be expected to perform the services included in this agreement under the conditions as originally agreed.
The Fotoacademie is not obliged to comply with an obligation if it is prevented from doing so due to force majeure. If a situation of force majeure lasts longer than ninety days, the Fotoacademie has the right to terminate the agreement in writing. Any work or services that have already been performed based on the original agreement will be remunerated proportionately with no compensation owed by the Fotoacademie.
A complaints procedure is in place for questions or complaints. The Fotoacademie will respond to questions and complaints within 10 working days of receipt. An objection can be submitted to the complaints committee after the complaints procedure has been completed.
All intellectual property rights arising from the agreement, including copyright and design rights belong to the Fotoacademie. The Fotoacademie has the right to use all materials it has developed as well as the expertise gained through the performance of the agreement for other purposes as well.
If one or more provisions in the general terms and conditions are wholly or partially invalid or void, the remaining conditions in the general terms and conditions will remain fully in force. The Fotoacademie and the student/consumer will then agree to new provisions to replace the void or invalid provisions, taking the purpose and the essence of the original provisions into account.
A study agreement is concluded between the student and the Fotoacademie. This study agreement relates to the programme the student is enrolled in, the course material and the scheduled days of classes. If specific conditions apply to a programme, they will be included in the course information. The study agreement applies to the total duration of the course. When the student enrols in a programme, the student also accepts the applicability of these general terms and conditions.
The Fotoacademie expects the student to actively participate in the study programme. The Fotoacademie can be expected to provide high-quality education and to use qualified teachers. The Fotoacademie has the right to change the time and place of parts of the curriculum. In the event of illness or if a teacher is unable to perform his or her duties, the Fotoacademie will ensure that a qualified substitute is provided. If a substitute is not possible, the Fotoacademie will inform the student as quickly as possible and reschedule the class. Occasional cancellation of classes does not entitle the student to financial compensation or a refund of tuition fees.
The study contract ends automatically upon the conclusion of the student’s programme of study.
The course material for the programme for which the course fees have been paid can only be used by the student for his or her personal studies and may not be sold or given to others. The Fotoacademie claims all intellectual property rights, including copyright, that relate to the teaching material compiled by the Fotoacademie (with the exception of the books that are available for purchase). No part of these teaching materials may be reproduced and/or published without the written permission of the Fotoacademie.
In specific circumstances, the Fotoacademie may refuse, suspend and/or remove students. This applies in any case to students who commit academic misconduct and to students who behave aggressively, violently or not according to generally accepted standards. Students must comply with the house rules of the Fotoacademie and follow the instructions given by or on behalf of the Fotoacademie.
If the Fotoacademie fails imputably to perform and the student/consumer suffers damage as a result, then the Fotoacademie’s liability is limited to compensation of direct damages. The above does not apply if and only if intent or gross negligence on the part of the Fotoacademie has been established. The liability for personal injury or death is not excluded or limited.
The Fotoacademie is not liable for damage or losses resulting from any incorrect or incomplete information/advice that it has given. This includes the information/advice provided by teachers or in study materials, brochures and the website.
All of the Fotoacademie’s legal relationships are governed entirely and exclusively by Dutch law.