General Terms & Conditions
Amstel Dutch
This version was last modified in May 2025.
0. Definitions
In these General Terms and Conditions, the following terms shall have the following meanings:
Amstel Dutch: the company that provides language courses to students at the request of the company where the students work for.
Client: the client/ company who has an agreement with Amstel Dutch to provide language courses to one or more of the employees of the organization.
Student: a person who is taking one or more language courses from Amstel Dutch at the request of the company he or she works for.
Agreement: the agreement between Amstel Dutch and the Client or Student where Amstel Dutch delivers language courses to students, for which courses the Client will pay Amstel Dutch.
Course: one language course, consisting of several lessons.
Lesson: one lesson from a Course.
Terms: the underlying Amstel Dutch General Terms and Conditions.
Course Fee(s): the fees of the Course(s).
1. Applicability
1.1 The underlying Terms apply to all Agreements between Amstel Dutch, having its registered seat at Sarphatistraat 173-2, 1018GE, Amsterdam and any (legal) person (Client or Student) purchasing Course(s) (or training, classes, or similar services) for its own or its employee's behalf.
1.2 Deviations from these General Terms and Conditions are only valid if and insofar as they have been agreed in writing between the parties.
1.3 The applicability of any General Terms and Conditions of the Client and/or third parties is expressly rejected.
1.4 In the event of a conflict between these General Terms and Conditions and arrangements made in an agreement, the arrangements made in the agreement shall prevail.
1.5 If there is a lack of clarity concerning the interpretation of one or more provisions of these General Terms and Conditions, the interpretation must be made 'in the spirit' of these provisions.
1.6 If a situation arises between parties that is not regulated in these General Terms and Conditions, this situation must be assessed 'in the spirit' of these General Terms and Conditions.
1.7 The most recent version of the General Terms and Conditions of Amstel Dutch is applicable. Amstel Dutch may at any time, without prior notice and stating reasons, unilaterally modify and supplement these General Terms and Conditions. The most recent version is then valid on all agreements including those already concluded. No rights can be derived from claims between parties that deviate from the General Terms and Conditions. Amstel Dutch will notify the customer by email of any changes to the General Terms and Conditions.
1.8 Amendments to the General Terms and Conditions will take effect thirty days after the Client has been notified. Only for Consumers, if they do not agree with the announced changes, they have the right to dissolve the contract. This does not apply to clients acting in the capacity of a profession or business, they are obliged to accept the changes.
1.9 If one or more provisions in these General Terms and Conditions are at any time wholly or partially void, declared void or annulled, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. Parties will consult to agree on a new provision to replace the void or voided provision. The purpose and intent of the original provision will be taken into account as much as possible.
1.10 In the event Amstel Dutch deviates from these terms and conditions on its own initiative in favor of the Client, the Client can never derive any rights from that.
2. Offers and quotations
2.1 Quotes from Amstel Dutch are valid for the term indicated in the quote. If no term is indicated, the quotation is valid until 14 days after the date the quotation is issued.
2.2 Offers and/or quotations are offers from Amstel Dutch and are valid for the period stated in the quotation. If no term is stated, the offer is non-binding and may be withdrawn by Amstel Dutch at any time. An agreement is only concluded after written confirmation by Amstel Dutch.
3. Conclusion of the Agreement
3.1 An Agreement is concluded when the Client or Student accepts an offer by Amstel Dutch in writing (including by email), or when both parties sign a contract.
3.2 Amstel Dutch reserves the right to refuse an assignment or to attach additional conditions to its execution, for example if the purpose of the assignment is not clear or conflicts with applicable laws or regulations.
4. Execution of the Agreement
4.1 Amstel Dutch will execute the Agreement to the best of its knowledge and ability. Amstel Dutch has a best-efforts obligation, not a result obligation.
4.2 The Client shall ensure that all information and facilities necessary for the proper execution of the Agreement are provided to Amstel Dutch in a timely manner.
4.3 Amstel Dutch may engage third parties for the execution of the Agreement.
5. Amendments to the Agreement
5.1 If during the execution of the Agreement it appears that an amendment or supplement to the Agreement is necessary for proper execution, parties shall amend the Agreement in mutual consultation and in good time.
5.2 If the nature, scope or content of the Agreement is changed at the request or insistence of the Client or Student, and if this results in additional work for Amstel Dutch, Amstel Dutch shall be entitled to charge the additional costs accordingly.
6. Cancellation
6.1 Cancellation of a Course by the Client or Student must be done in writing (including by email).
6.2 In the event of cancellation of a Course or individual Lesson, the following cancellation fees apply:
- Cancellation more than 48 hours before the start of a Lesson: no charge;
- Cancellation between 24 and 48 hours before the start of a Lesson: 50% of the Lesson fee;
- Cancellation less than 24 hours before the start of a Lesson or in case of no-show: 100% of the Lesson fee.
6.3 In the event of cancellation of the entire Course:
- More than 14 days before the start of the Course: no charge;
- Between 7 and 14 days before the start: 25% of the Course Fee;
- Less than 7 days before the start or during the Course: 100% of the remaining Course Fee.
6.4 Amstel Dutch reserves the right to cancel or reschedule a Lesson or Course due to unforeseen circumstances (e.g., illness of the teacher). Amstel Dutch will make reasonable efforts to offer an alternative date or a replacement teacher.
7. Fees and Payment
7.1 The Course Fees are as agreed in the quotation or agreement. All prices are exclusive of VAT unless otherwise stated.
7.2 Invoices must be paid within 30 days of the invoice date, unless otherwise agreed in writing.
7.3 In the event of late payment, the Client will be in default by operation of law, without the need for a notice of default. From that moment, Amstel Dutch is entitled to charge statutory commercial interest (wettelijke handelsrente).
7.4 If the Client fails to pay after a reminder, Amstel Dutch is entitled to charge all extrajudicial collection costs to the Client.
7.5 Amstel Dutch is entitled to suspend or terminate the Agreement if invoices remain unpaid after the due date.
8. Complaints
8.1 If the Client or Student is not satisfied with a delivered service, they should report this in writing to Amstel Dutch within 14 days of delivery.
8.2 Amstel Dutch will handle the complaint within a reasonable time and will inform the Client or Student of the outcome.
8.3 Submitting a complaint does not suspend the Client's payment obligation.
9. Liability
9.1 Amstel Dutch is only liable for direct damages attributable to Amstel Dutch due to an attributable shortcoming in the execution of the Agreement. Amstel Dutch is not liable for indirect damages, including consequential damages, loss of profit, missed savings or damages to third parties.
9.2 The liability of Amstel Dutch is in any case limited to the amount paid by the Client under the Agreement in the three months preceding the event giving rise to the liability.
9.3 Amstel Dutch is not liable for damages resulting from inaccurate or incomplete information provided by the Client or Student.
9.4 The limitations of liability described in this article do not apply if the damage is due to intentional act or deliberate recklessness on the part of Amstel Dutch.
10. Privacy
10.1 Amstel Dutch processes personal data in accordance with applicable privacy legislation, including the GDPR. For more information, please refer to Amstel Dutch's Privacy Statement.
10.2 The Client guarantees that all necessary consents have been obtained for the processing of personal data of Students by Amstel Dutch.
11. Applicable Law and Jurisdiction
11.1 Dutch law applies to all Agreements between Amstel Dutch and the Client or Student.
11.2 All disputes shall be submitted to the competent court in Amsterdam, The Netherlands, unless mandatory statutory provisions designate a different court.
12. Intellectual Property
12.1 The Student agrees to Amstel Dutch's intellectual property policy upon enrolment.
12.2 Amstel Dutch, 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 Amstel Dutch to copy, distribute, or use the materials in any other way as strictly necessary for successful completion of the Course.
13. Miscellaneous
13.1 These Terms together with the signed contract and 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 enrolment form, the enrolment form will prevail.
13.2 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 Client or Student shall omit to try to resolve any dispute under the Agreement by submitting a formal complaint in accordance with Amstel Dutch's formal complaint procedure which shall be provided to the Client or Student upon the Client or Student's earliest request.
14. Force Majeure
14.1 If the execution of the agreement becomes impossible due to a cause that cannot be attributed to Amstel Dutch or through which fulfilment of its obligations cannot reasonably be required of Amstel Dutch, including but not limited to illness of herself, teachers or third parties engaged, failures in the computer network or other technical failures, shortcomings of suppliers of Amstel Dutch or by Amstel Dutch engaged third parties and other stagnation in the normal course of business within its company, then Amstel Dutch is entitled to suspend the execution of the agreement.
14.2 In these General Terms and Conditions, force majeure means: a circumstance that cannot be attributed to the fault of Amstel Dutch and which, by virtue of the law, legal act or generally accepted views, cannot be attributed to Amstel Dutch. In addition to this explanation of force majeure under the law and jurisprudence, force majeure also includes: all external causes, foreseen or unforeseen, which Amstel Dutch can not influence, but through which Amstel Dutch is unable to fulfil its obligations.
14.3 In case of force majeure, Amstel Dutch will make reasonable efforts to provide an alternative solution, if desired.
14.4 If the force majeure situation occurs at the time that the obligations of Amstel Dutch are partially fulfilled or will be able to fulfil, Amstel Dutch is entitled to invoice the part already fulfilled or to be fulfilled. The Client is obliged to pay this invoice as if it were a separate agreement.
14.5 From the moment that the force majeure situation has lasted at least 30 days or is of a permanent nature, both parties are entitled to (partially) dissolve the agreement by means of a written notification, without judicial intervention, without the parties being able to claim any damages.
15. Confidentiality
15.1 When parties become aware of information of the other party of which they know or could reasonably know that it is of a confidential nature, they shall not disclose this information in any way to third parties. An exception applies if laws and regulations require disclosure or if this is necessary for the proper execution of the Agreement.
15.2 The party receiving confidential data shall only use it for the purpose for which it was provided. Data shall in any case be considered confidential if it is designated as such by one of the parties.
15.3 The data provided by the Client to Amstel Dutch, Amstel Dutch will at all times be kept with care.
This version was last modified in May 2025.