General terms & conditions

General Terms and Conditions Rotterdam School of Management B.V.

Executive Education, Open Programmes

Article 1 Definitions

In these General Terms and Conditions the following definitions are used for the following capitalised terms:

RSM: Rotterdam School of Management BV and Executive Education BV;
Open Programme: an open enrolment course or training programme offered by RSM;
Participant: any individual applying or participating in an Open Programme;
Alumni: alumni are students who have completed either a Bachelor of Science, Master of Science or PhD at RSM or Erasmus University Rotterdam. Or students who have completed one executive education programme of more than 40 hours at RSM;
Study period: the period of start date until end date of an Open Programme;
Registration: Participant’s online registration for an Open Programme via RSM’s website;
Course Material: all material provided by RSM to Participant within the context of an Open Programme; 
Certificate/diploma: proof of successfully completion of the Open Programme;
Written / in Writing: recorded in writing or by electronic means as defined by Section 6:227a of the Dutch Civil Code.

Article 2 Applicability

2.1 The General Terms and Conditions apply to all offers for Open Programmes by RSM, and upon registration for an Open Programme a Participant unconditionally accepts these General Terms and Conditions.
2.2 Participant has received and accepted these General Terms and Conditions prior to completion of his/her Registration for an Open Programme. 
2.3 Deviations from these General Terms and Conditions are only binding in as far as they have been agreed in Writing and signed by both Parties. 

Article 3 Registration & Admission

3.1 To register for an Open Programme a Participant applies by filling in an online registration form. A completed and signed online registration form must be submitted. To complete the registration a Participant will receive notice of admission in Writing from RSM.
3.2 Confirmation of admission by RSM shall mean that the Participant undertakes to pay the agreed course fees, and shall abide by other terms and conditions set out in these terms and conditions. If a third party sponsors the Participant for all or part of his/her course fees, RSM will invoice that third party upon mutual request of the Participant and his/her sponsor. Should a sponsor fail to pay the fees when they become due, the Participant shall become solely and entirely responsible for payment. 
3.3 Registration takes place for the entire Open Programme and for the study period indicated on the online form unless agreed otherwise.
3.4 RSM may determine admission requirements for Participants to Open Programmes, and/or limit the window during which a Participant can register, and/or limit the number of Participants admitted to an Open Programme.

Article 4 Code of Conduct

RSM reserves the right to take any action it deems appropriate (including expulsion) against a Participant in case his/her behaviour towards RSM staff or fellow students provide sufficient reasons for doing so, or if a Participant acts in violation of any generally accepted code of conduct, law, or regulation and/or knowingly breaches scientific integrity standards.

Article 5 Academic content

5.1 RSM is entitled to deviate from course description as provided in the promotional materials if RSM cannot be reasonably required to execute the Open Programme in full as announced.
5.2 In case of deviations from the announced course description RSM shall put in best efforts to match the original description of the Open Programme as closely as possible.
5.3 Deviations in academic content may lead to changes in course material and/or lecturers. Participants shall be notified of such changes in Writing. Changes introduced by RSM will not affect the fee offered to Participants upon registration. 

Article 6 Fees and Payment

6.1 The course fee is payable within fourteen (14) days of the invoice date, or before the start of the Open Programme, whichever date comes first. If payment has not been received in full before the start date of the Open Programme, RSM may refuse the Participant access to the Open Programme.
6.2 RSM reserves the right at all times to require security for payment in a form determined by RSM.
6.3 RSM is entitled to full compensation for all costs and fees incurred in the event of late payment or non-payment of its invoice.
6.4 Alumni of Rotterdam School of Management, Erasmus University and/or Erasmus University Rotterdam are entitled to a 10% discount on the standard Open Programme fees. However, this discounted rate cannot be combined with other discounts.  

Article 7 Cancellation

7.1 If circumstances so require, or the number of applicants for an Open Programme is insufficient to run the programme efficiently, RSM may decide to cancel the Open Programme. It shall inform participants about this as soon as possible but no later than at least two (2) weeks before the intended start date of the Open Programme. In the event of a cancellation, course fees already paid shall be refunded promptly and in full. 
7.2 RSM may offer Participants an alternative Open Programme or an alternative start date for the original programme. If Participants accept the newly proposed start date there shall be no refund of the course fees. If Participant joins an alternative Open Programme, the difference in course fees with the original Open Programme shall become due and payable, or shall be refunded, whichever is the case.   
7.3 The Participant has the right to cancel his/her participation subject to the conditions set out in this clause.
a) A cancellation must be sent by e-mail to the Programme Manager of the programme a Participant registered for or to openprogrammes@rsm.nl. The cancellation notice must contain a copy of the notice of admission which the Participant received after registration.
b) The Participant has the right to cancel his/her participation free of charge within a term of fourteen (14) calendar days after receipt of the written confirmation of the registration, unless the start date of the Open Programme is within that term.
7.4 As of the moment of registration, RSM starts incurring one-off costs and expenses on behalf of the Participant to deliver the Open Programme to the Participant. In order to recover the costs and expenses incurred with the first registration, RSM is entitled to charge a cancellation fee to the Participant. As the costs and expenses incurred are dependent on the moment the request for cancellation is received, the cancellation fee is calculated as follows:

  • 25% of the programme fee if the cancellation notice is received 14 days or more before the start date;
  • 75% of the programme fee if the cancellation notice is received between 13 and 8 days before the start date;
  • 100% of the programme fee if the cancellation notice is received 7 days or less before the start date;
  • 100% of the programme fee if the cancellation notice is received after the programme has started.

Article 8 Deferral and Substitution

8.1 The Participant has the right to defer (postpone) his/her participation once subject to the following conditions:
(a) he/she provides written notice thereof by e-mail to the Programme Manager of the programme a Participant registered for or to openprogrammes@rsm.nl.
(b) if a notice is given within 4 weeks prior to the start date of the Open Programme, costs and expenses have incurred and 25% of the programme fee will be charged by RSM,
(c) the Participant will partake in the Open Programme within one (1) year from the Open Programme for which he/she originally registered,
(d) the Participant pays the cancellation fee set out in clause 7.4 above, if the Participant defers his/her participation for a second time. 
8.2 A Participant has the right to replace himself/herself with a substitute candidate for the entire Open Programme, provided that the substitute candidate meets any admission requirements set by RSM, and agrees to do any required pre-programme work. The Participant will inform RSM as soon as possible after deciding that he/she will need to be replaced, providing RSM with all necessary and/or requested details to process such a change. A substitute candidate will be asked to fill out a registration form. To guarantee the quality of the programme experience, RSM reserves the right to reject the substitute. Changes to the programme registrations may affect any previously applied discounts (e.g. the multiple programme registration discount), and may result in an increase in individual programme registration fees. 

Article 9 Intellectual property rights, Confidentiality

9.1 All intellectual property rights to the course material of an Open Programme is and remains vested with RSM and/or RSM employees. Therefore, a Participant may not distribute or reproduce any Course Material for commercial or other purposes, except for personal use, and/or sell and/or make Course Material available to third parties.                              
9.2 Participants are encouraged to share their knowledge and business experiences in the academic setting of an Open Programme. Therefore, each Participant hereby agrees not to disclose any information disclosed by other Participants that can reasonably be deemed to be confidential or business sensitive, nor to use any such information other than for purposes directly related to the Open Programme.

Article 10 Privacy and Data Security

RSM will process Participant’s personal data as part of its performance under this agreement with Participant.  In doing so, RSM will at all times adhere to the applicable privacy laws including the General Data Protection Regulation. To learn more about why we need to process your data, which data we process and your rights as a data subject.

Article 11 Liability

11.1 RSM exercises great care when composing the Course Material it provides. However, RSM does not guarantee the completeness and the correctness of Course Material. Liability for damage arising from any decision or action based on the Course Material and/or information otherwise provided within the context of the Open Programme is expressly excluded.
11.2 If Participant incurs damage in respect of which RSM found liable by a court of law, that liability shall at all times be limited to a maximum amount that is the highest of (1) the programme fee payable by Participant on the basis of the agreement with RSM, or (2) the amount for which RSM has taken out insurance to cover the incurred damages.

Article 12 Termination

RSM can terminate the agreement without any indemnity becoming due if a Participant breaches an obligation arising from the agreement, and fails to repair such a breach within a reasonable period of time after being ordered in Writing to do so and after receiving a warning in Writing from RSM continues in this failure to comply.

Article 13 Applicable law, disputes

13.1 These General Terms and Conditions are governed by the law of the Netherlands. 
13.2 All disputes and/or claims arising from or based on these terms and conditions shall be brought before and judged by the courts in Rotterdam.