Terms & Conditions
1. Applicability
1.1 The underlying HoiHoi Language School General Terms and Conditions (“Terms”) apply to all Agreements between HoiHoi Language School, having its registered seat at Ravelstraat 5-4, 6815HA, Arnhem (“The School” or “HOIHOI”) and any (legal) person (“Student”) purchasing course(s), training, classes, or similar services (“Courses”) for its own or its employee’s behalf.
2. Term of Agreement
2.1 The Agreement starts from the date that the Student wishing to participate in a Course: (i) signs and submits a completed enrollment form to HOIHOI; and (ii) is at least 18 years of age on the date of submission of aforementioned enrollment form; and (iii) the Student meets the entry-level requirements as stated in section 3.1 below; and; (iv) The Student has paid the Course Fees. The enrolment forms, together with these Terms, are hereinafter to be referred to as “Agreement”.
3. Courses
3.1 Courses provided by HOIHOI are divided into proficiency levels which may require a Student to have reached an entry-level before being admitted to such Course.
3.2 In principle, Courses take place online via Zoom.
3.5 The Student’s inability to attend a class (or entire Course) is at risk of the Student and HOIHOI shall have no obligation to refund any (part of) Course Fees.
3.6 Classes may take place on public holidays. All Course dates are communicated online prior to the Student enrollment and therefore the Students assume responsibility for the selection of the Course including its Course dates.
4. Prices and Payment conditions
4.1 Save for typographical mistakes, the prices listed on HOIHOI’s website are the prices for said Courses. All prices stated on the website are in EURO and are inclusive of VAT.
4.2 All fees due to HOIHOI, for Courses to be attended by the Student, must be paid at least 7 days prior to the start date.
4.3 The course fee can be transferred to the HOIHOI bank account.
4.4 HOIHOI shall provide invoices to Students either representing a legal entity or on a personal title.
5. Cancellation
5.1 The Student may cancel the Agreement with immediate effect up to fourteen (14) days from the date of submission of the enrollment form for convenience by submitting written (post or e-mail) notice to the School of such termination (COOLING-OFF period). However, the aforementioned termination right shall expire upon the moment the Student attends its first class of the Course.
5.2 The student may cancel the course up to 7 days before the start of the course and receive a full refund notwithstanding the right for cancellation in 5.1.
5.3 Notwithstanding the Student’s right under section 5.1 and 5.2 above, the Student may request cancellation of its subscription to a Course by submitting such a request in writing (by post or e-mail) to the School. Acceptance of such a termination request shall be at HOIHOI’s sole discretion.
5.4 In the event of circumstances beyond the Student’s reasonable control (such as illness which permanently inhibits a student from participating in the Course, an accident or death) the Course Fee will be reimbursed, upon receipt of a written request for cancellation and the Student has provided valid evidence of such occurrence.
5.5 HOIHOI reserves the right to cancel any scheduled Course up to 24 hours prior to the scheduled start of such Course in case the number of enrolled Students for such course falls below the threshold for such Course. In such a case, HOIHOI shall give the Student the opportunity to select either a refund or to enroll in another Course.
5.6 Save for HOIHOI’s aforementioned right to cancellation, HOIHOI may postpone the Course up to 24 hours prior to the scheduled start of the Course. In this case, the Student will be given the opportunity to enroll in a different course or receive a full refund of the Course Fee. The refund will only be paid out after the enrollment period has ended or one week after the scheduled start date of the Course.
5.6 Refunds are wire transferred from the HOIHOI bank account within 5 workdays of receipt of communication and/ or proof concerning section 5.
6. Communication, Confidentiality and Service Level
6.1 All notices, under the agreement, to HOIHOI are to be made via e-mails to info@hoihoi.school.
6.2 HOIHOI shall respond to all communication received either by post, e-mail, or phone which requires a response within 5 workdays from receipt of such communication.
6.3 HOIHOI shall only use the Students personal information solely for the following purposes: (i) to carry out its obligations under the agreement (ii) commercial offerings from HOIHOI (not from any other third party) and (iii) any other communications from HOIHOI relevant for the Student.
6.4 Upon the Students written request, HOIHOI shall cease to send the Student any other communication than strictly necessary to carry out its obligations under the agreement.
6.5 HOIHOI shall never communicate information shared by the Student during the course (GROUP and/or PRIVATE) with any third party.
7. Conduct
7.1 HOIHOI reserves the right to dismiss any Student displaying unacceptable, including without limitation, discriminating, racist, sexual, aggressive, or other inappropriate behavior to the reasonable opinion of HOIHOI, at any time, without the Student being entitled to any form of a refund, compensation or damages.
8. Limitation of Liability
8.1 HOIHOI shall not be liable under any agreement for any indirect, special, incidental, punitive or consequential damages, or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory). Further, HOIHOI shall not be liable, in any way, for theft, damage, or loss of the Student’s personal effects.
8.3 HOIHOI’s total liability for any direct loss, cost, claim or damages of any kind related to the agreement shall not exceed the amount of the Course Fees paid or payable by the Student to HOIHOI under such agreement during the 12 months prior to the event giving rise to such loss, cost, claim or damages. However, nothing in Section 8.3 shall have the effect of limiting a HOIHOI liability for personal injury or death caused by the negligence of HOIHOI and fraud.
9. Image Use
9.1 HOIHOI may take photos and videos of the Students for inclusion in promotional material (brochures, websites, catalogs, etc.) unless the Student has explicitly communicated an objection to this upon enrollment.
9.2 HOIHOI, or its licensors own all intellectual property in any work published either on its website, hard copy hand-outs, and digital works shown or provided to the Students. The Students shall not be allowed, without the prior written consent of HOIHOI to copy, distribute, or use the materials in any other way as strictly necessary for successful completion of the Course.
10. Miscellaneous
10.1 These Terms together with the enrolment form represent the entire agreement between the parties and supersedes any prior or current understandings, whether written or oral. If there is a conflict between these Terms and the enrollment form, the enrolment form will prevail.
10.2 The Agreement will be governed by the laws of The Netherlands. The parties consent to the jurisdiction by the courts of Amsterdam for any claim relating to this Agreement. Notwithstanding the parties’ right to submit a claim to the courts of Amsterdam, the Student shall omit to try to resolve any dispute under the Agreement by submitting a formal complaint in accordance with HOIHOI’s formal complaint procedure which shall be provided to the Student upon the Student’s earliest request.