General Conditions of Contracting of Training Actions (CGCAF)
- Scope.
These General Terms and Conditions for Contracting Training Actions are applicable to the contracting of summer courses, monographic or thematic courses, conferences, seminars, etc. (hereinafter, “training actions”) provided by European Trainee Academy Spain, SL, regardless of their mode of delivery (face-to-face, online or hybrid).
Students who enroll in any of the training activities offered by European Trainee Academy Spain, SL, and in any of the modalities offered, must ensure compliance with both the internal regulations in force and those applicable to the program in question, the content of which they declare to know and accept.
- Statements.
The student recognises that the contracting of the training actions implies the assumption of personal responsibility with respect to:
- The veracity of all the data entered or provided during the contracting process.
- That the documents provided to European Trainee Academy Spain, SL, during the admission and hiring process, in the case of submission by copy, correspond to original documentation in its possession, undertaking to provide said original documentation when required.
- That they meet the requirements established in the current regulations for access to the training action they are applying to take.
Likewise, the student declares that he/she is of legal age and has sufficient legal capacity to enter into contracts or, where appropriate, has authorization from his/her father or mother or legal guardian to do so, and acts in his/her own name as a natural person.
European Trainee Academy Spain, SL, reserves the right to cancel the admission and hiring process at any time when it is detected that the data provided by the student is inaccurate, false or incomplete.
The student is warned that the inaccuracy, falsehood or omission, of an essential nature, of the data or documents provided will determine the impossibility of continuing to participate in the training actions from the moment that European Trainee Academy Spain, SL, becomes aware of such facts, proceeding to the cancellation of the application for admission submitted and the place awarded. without any refund of the amounts already paid, and without prejudice to any criminal, civil or administrative liabilities that may arise.
- Modifications of training actions.
European Trainee Academy Spain, SL, reserves the right to modify the modality of delivery of the training actions, as well as to adapt the provision of the contracted services in face-to-face or hybrid/blended teaching modality to a modality of teaching and/or evaluation system adapted according to the corresponding training action, in the event that, For organisational reasons or for any other reasons that justify it, it is necessary for the proper academic development, being, in any case, guaranteed the quality of teaching and the acquisition of skills and learning results of the student, expressly waiving the exercise of legal actions by way of compensation and/or damages that may have been caused.
- Contracting of training actions.
Only those people who have processed the corresponding registration/request through the relevant form may contract training actions of European Trainee Academy Spain, SL.
Once completed correctly, Clients will receive a confirmation of receipt of the application by European Trainee Academy Spain, SL.
In order to formalise the recruitment process, the student must tick the box relating to the acceptance of these General Terms and Conditions. By ticking this box, the student expressly declares to have read and understood all the stipulations contained herein, accepting them without reservation.
The registration form for the training action, together with these General Terms and Conditions for Contracting Training Actions, will constitute the entire agreement between European Trainee Academy Spain, SL, and the student (hereinafter, the Contract).
- Term of the Agreement.
The Contract will have the duration foreseen in the training action in which the student has completed his/her enrolment and as long as he/she maintains such condition.
- Assignment of Agreement.
The student may not assign the rights and obligations arising from this Agreement to third parties without the express consent of European Trainee Academy Spain, SL.
Failure by you to comply with the obligations set out in this section will entitle European Trainee Academy Spain, SL, to terminate the Contract by right, without refund of the amounts already paid.
European Trainee Academy Spain, SL, reserves the right to assign its contractual position, informing the student in a timely manner.
- Economic conditions.
The prices of the training actions are those indicated in the information corresponding to each of them published on the website of European Trainee Academy Spain, SL, or in existing official advertising or promotional materials and, particularly, in the registration form.
The payment methods will be those offered by European Trainee Academy Spain, SL, in each training action. However, the obligation to pay the price corresponding to the training action is independent of the form of payment, which may be split in those cases in which European Trainee Academy Spain, SL, enables this option and the student requests it.
The student who may be a beneficiary of discounts or scholarships must prove to European Trainee Academy Spain, SL, compliance with the applicable requirements, as well as the corresponding application and granting of the scholarship/discount in question.
The student is warned that the inaccuracy, falsehood or omission, of an essential nature, of the data or documents provided will determine the cancellation or non-granting of the scholarship/discount.
- Reservation of a place.
The amount paid for the reservation of a place (hereinafter, the “Reservation of Place”) by the student will not be reimbursed in any case, since this amount is not part of the price of the corresponding training action. This is a place reservation contract and is not part of the Contract, regardless of whether the interested party pays it at the initial time of formalizing the Reservation of Place or at a later time.
Consequently, the student does not have the right of withdrawal in relation to the Reservation of a Place, as it is a contract of immediate execution once the amount has been paid, in accordance with the provisions of article 103 of the Revised Text of the General Law for the Defense of Consumers and Users (hereinafter, “TRLGDCU”), which states that the right of withdrawal is not applicable to contracts that refer, among others, to the provision of services once the service has been fully executed.
Without prejudice to the non-refundable nature of the amount paid as a Place Reservation, European Trainee Academy Spain, SL, may reimburse this amount if there are exceptional circumstances that must be duly accredited by the student or circumstances of force majeure legally recognized, without prejudice to the administrative and management costs of the Reservation of Place that correspond.
In cases where the refund is appropriate, European Trainee Academy Spain, SL, will proceed to refund the amount given as a Reservation of Place within a maximum period of fourteen (14) days, by bank transfer to the bank account indicated by the student.
The foregoing provisions shall not apply to the contracting of training actions in which it is expressly indicated that there is no Reservation of Place.
- Registration.
The student will be considered to be enrolled in the corresponding training action from the presentation of the registration or enrolment form for the course in question, duly completed in the event that this process is carried out in person or from the receipt of the electronic confirmation sent by European Trainee Academy Spain. SL, in the event that it is done online through the website.
However, its validity will be subject to the review of the information and documentation provided by the student and the reliable accreditation by the student of compliance with the requirements of the applicable regulations. For this reason, European Trainee Academy Spain, SL, may, at any time when this point is verified, cancel the enrolment and terminate the Contract for non-compliance with the mandatory requirements.
Likewise, European Trainee Academy Spain, SL, reserves the right to cancel the enrolment and terminate the Contract at any time when it is detected that the data provided by the student is inaccurate, false or incomplete.
The student is informed that the inaccuracy, falsity or omission, of an essential nature, of the data or documents provided for the enrolment will determine the impossibility of continuing with the training action from the moment that European Trainee Academy Spain, SL, becomes aware of such facts, proceeding to the cancellation of the application for admission submitted and the place awarded, without any claim for the amounts already paid and without prejudice to any criminal, civil or administrative liabilities that may arise.
- Right of withdrawal.
The student may withdraw from the Contract without the need to allege any reason within fourteen (14) calendar days, counted from the day of its execution, that is, from the presentation of the registration or registration form for the course in question duly completed in the event that the registration is carried out in person or from the receipt of the electronic confirmation sent by European Trainee Academy Spain, SL, in the event that the enrolment is done online through the website.
The right of withdrawal may not be exercised when the student has completed the corresponding course before the end of said fourteen (14) calendar day period.
In the event that the student wishes to exercise his/her right of withdrawal, he/she must submit an unequivocal declaration (or use the model attached as an Annex) in which he/she indicates his/her decision to withdraw from the training contract, within the aforementioned period of fourteen (14) calendar days, and must present said declaration, duly signed, in person or by post addressed to European Trainee Academy Spain, SL, calle Catamaran s/n, Nueva Torrequebrada, Benalmádena Costa,
Malaga, Spain or by email to hello@traineeacademy.eu.
Withdrawing from the Contract, the student must return the learning resources or teaching materials that, if applicable, have been sent or delivered to him/her.
European Trainee Academy Spain, SL, will communicate the acknowledgement of receipt of the withdrawal as soon as this declaration is received and will proceed to make the refund of the corresponding amount, within a period of no more than fourteen (14) days from the date on which it has been informed of the decision to withdraw from the training contract, by bank transfer, unless otherwise indicated by the student.
- Cancellation of training actions by European Trainee Academy Spain, SL,
European Trainee Academy Spain, SL, reserves the right not to teach training actions that do not reach a minimum number of enrolled students that would enable the proper development of the same.
In the event that European Trainee Academy Spain, SL, postpones or cancels the course on the scheduled dates, it will notify the students as far in advance as possible, so that they can choose between (i) the refund of the amount that has been paid corresponding to the Reservation of Place and the price of the course or (ii) its use for another subsequent call or another course within the maximum period indicated by European Trainee Academy Spain, SL.
In case of choosing the first of the options, European Trainee Academy Spain, SL, will proceed to the refund, paying the corresponding amount within a maximum period of fourteen (14) days, by bank transfer.
In the event of choosing the second option, if the amount is higher than the amount initially paid, the student will be obliged to pay the difference and, vice versa, if the amount is lower, European Trainee Academy Spain, SL, will proceed to refund the difference, within the period and in the manner indicated above.
- Cancellation of the student’s participation in the training action.
Cancellation or cancellation at the request of the student, whatever the cause, once the online or face-to-face enrolment has been formalised, without prejudice to the express provisions of the previous section regarding the right of withdrawal, will entail the loss of the amounts that would have been paid by the student. In the event that the course has started, European Trainee Academy Spain, SL, will have the right to withhold and take over any amounts that the student has paid up to the aforementioned date, without, consequently, the student having any right to a refund of said amounts.
In the event of deferred or instalment payment, European Trainee Academy Spain, SL, will be entitled to claim the amounts pending payment.
To communicate the cancellation or withdrawal, the student who wishes to do so must submit an unequivocal declaration indicating his/her willingness to leave the course, in person or by post addressed to European Trainee Academy Spain, SL,, or by email.
Likewise, the student will not be exempt from paying the corresponding price regardless of their form of payment, and, therefore, the provisions of this section are applicable in the event of repeated absence from the face-to-face sessions in the case of training delivered in person or repeated non-attendance or non-connection to the online sessions in the case of training given in this modality.
- Modification due to force majeure
The student will be obliged to pay the price corresponding to the training action even in the event that, through no fault of the parties, the circumstances that led to the signing of the Contract are modified or profoundly changed due to force majeure, without prejudice to the student’s right to cancel the enrolment. in which case, the amounts paid for “Reservation of Place” or the amounts corresponding to the monthly payments due will not be refunded.
- Expulsions
In the event that the student contravenes the rules stipulated for the proper development of the training action, such as acts of indiscipline or the consumption of substances such as alcohol, tobacco or drugs, he/she may be expelled from it, at the discretion of European Trainee Academy Spain, SL, taking into account the seriousness and/or repetition of the conduct.
In such a scenario, in the case of minors, the parents or legal guardians of the student will be obliged to cover the costs derived from such a measure, including the cancellation of enrollment, the return of the minor to his/her place of origin and the necessary compensation for the damages caused to third parties as a result of the actions of the student.
- Insurance
The student who takes part in a training action is covered by accident insurance that provides comprehensive coverage in case of any eventuality that may arise during the activities planned by European Trainee Academy Spain, SL. This insurance is not equivalent to medical insurance, therefore, the student must have adequate health coverage, either from the Social Security system or from a private entity, national or international, during the duration of the courses, so that the student can receive medical and/or hospital care in case of any medical eventuality that may arise during his/her participation in the course.
Likewise, European Trainee Academy Spain, SL, has taken out civil liability insurance against any eventuality or damage that may arise during the course course, both to the student and to third parties.
- Authorizations.
By accepting these general conditions, the student and, in the case of minors, his/her parents or legal representatives, expressly authorises European Trainee Academy Spain, SL:
- To allow the student to participate in the activities programmed by European Trainee Academy Spain, SL, as specified in the program of the contracted training action.
Likewise, it is recognized that the programmed activities may entail certain inherent risks that could cause injury or accident, assuming the consequences of the student’s participation in them.
- To transport the student by means of transport, both public and private, for travel within the framework of the training action and/or in emergency situations, complying with the safety regulations in force at all times.
- To provide first aid and administer medications to the student in cases of minor ailments, such as antihistamines, antipyretics, analgesics or anti-inflammatories, commonly available in pharmacies without a prescription, as long as there are no contraindications indicated in the student’s medical record.
- Industrial and intellectual property.
Any names, designs and/or logos reflected on the official website or other means used by European Trainee Academy Spain, SL, and in the advertising and promotional materials are duly registered trademarks. Any improper use of the same by any person other than its legitimate owner may be prosecuted in accordance with current legislation.
European Trainee Academy Spain, SL, reserves the right to publish and use the exercises and case studies prepared by the student for teaching and guidance purposes. The student grants his/her express authorisation to do so, retaining, in any case, the right to recognition of the authorship of the works produced during his/her studies.
The academic and didactic materials used in the development of the training actions are the property of European Trainee Academy Spain, SL. Any improper use of the same by any person other than its legitimate owner may be prosecuted in accordance with current legislation.
Likewise, during the course of a face-to-face or online class, the student undertakes not to make video and/or sound recordings, using any device, in which the teachers, students and/or academic materials used for the delivery of the training action appear, either in paper format, audiovisual material or through a presentation, and its dissemination or dissemination to other students or to any third party by any means, in accordance with the provisions of data protection, image protection and intellectual property legislation.
- Modification.
European Trainee Academy Spain, SL, reserves the right to make any modifications to these General Terms and Conditions for Contracting Training Actions that it deems appropriate in order to improve the services and programmes offered.
The notification of such modifications will be understood to have been fulfilled by means of their publication through the official website of European Trainee Academy Spain, SL, or by any form admissible by law, and they will be mandatory during the time they are published on the website and until they are validly modified by subsequent ones.
- Publicity.
These General Terms and Conditions for Contracting Training Actions are accessible to all interested parties at any time on the corporate website (https://traineeacademy.eu/…) and in person at the facilities of the Business Training Institute, and, in particular, prior to completing and submitting the corresponding registration/enrolment form, whether it is done online through the website of European Trainee Academy Spain, SL, or in person.
- Governing Law.
These General Terms and Conditions for Contracting Training Actions, as well as any other issue relating to the contracting of the services of European Trainee Academy Spain, SL, and its relationship with the students, will be governed by the provisions of current Spanish legislation.
- Jurisdiction.
European Trainee Academy Spain, SL, and the students submit to the Courts and Tribunals of the civil order of Benalmádena, Málaga, Spain, where the Contract is executed, for any dispute that may arise from it. However, students who are legally considered consumers may choose to file a lawsuit with the courts of their domicile.
- Online Arbitration Resolution (EU)
Students who are legally considered consumers can access the European Commission’s European Online Dispute Resolution platform here: https://ec.europa.eu/consumers/odr. European Trainee Academy Spain, SL, does not commit to and is not obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
WITHDRAWAL FORM
(only for students who have the status of consumers)
(you only need to complete and send this form if you wish to withdraw from the contracted course)
Attn:
European Trainee Academy Spain, SL
Calle Catamaran s/n, Nueva Torrequebrada,
Benalmadena Costa,
Malaga
Spain
hello@traineeacademy.eu
+34 6468 60827
I hereby inform you that I withdraw from my contract for the provision of the following Services:
– Date of registration:
– Name of the service/event/workshop/conference:
– Date of withdrawal:
– Client’s Name:
– Client’s Address:
– Client’s Signature:
Valid from 20.2.2024