Terms & Conditions

ARTICLE 1 DEFINITIONS

Del Ferro: the private limited company Del Ferro Institute B.V. Chamber of Commerce number: 33200563. VAT number: NL008693304B01.

Participant: the student taking part in the course, or their legal representative.

Course / Program: A training, course, or program provided by Del Ferro, including any follow-up training sessions, aftercare days, and individual sessions.

Trainer: the person who provides the course on behalf of Del Ferro.

Agreement: the contract between Del Ferro and the participant regarding participation in a Course / Program.

ARTICLE 2 APPLICABILITY

These general terms and conditions apply to all offers and contracts offered or entered into by Del Ferro. Variations can only be agreed in writing. Only agreements confirmed in writing by participants with Del Ferro employees will bind Del Ferro. If any provision of these general terms and conditions should come into conflict, in whole or in part, with any provision of mandatory law, the remaining terms and conditions will remain in full force.

ARTICLE 3 FORMATION OF THE AGREEMENT & RIGHT OF WITHDRAWAL

All offers made by Del Ferro are without obligation, unless explicitly agreed otherwise.

Agreements are established when Del Ferro has confirmed in writing the participant’s registration for the course. Registration will be in order of application.

Minor participants:

If the participant is a minor (under 18 years of age), the parent or legal guardian acts as the contracting party. In that case, the parent or legal guardian is jointly and severally liable for the fulfillment of all obligations arising from the agreement, including payment obligations and compliance with course regulations.

Statutory cooling-off period:

If the agreement was concluded via the website, email, or telephone (at a distance), the participant (consumer) has the right to withdraw from the agreement free of charge within 14 days of its conclusion, without giving any reason.

If the participant explicitly agrees to the course starting within this 14-day cooling-off period and subsequently decides to withdraw, the participant will owe a proportionate amount for the services already provided.

ARTICLE 4 DURATION AND TERMINATION OF THE PROGRAM (INCLUDING AFTERCARE)

The agreement is entered into for the duration of the chosen program.

Maximum duration of aftercare:

To ensure the quality and effectiveness of the training, a maximum duration of 1 year (12 months) applies to every program, including programs with unlimited aftercare options, calculated from the first day of the course.

Within this 1-year period, it is amply possible for the participant to achieve the intended goals of the training, provided that the participant is committed and motivated. Upon expiration of this year, the right to aftercare and any other training sessions from the original program terminates automatically by operation of law.

Del Ferro may terminate the agreement prematurely and without notice for compelling reasons, such as when the participant (repeatedly) fails to meet their best-efforts obligations, seriously disrupts group dynamics, or has complaints that fall outside the expertise of Del Ferro.

ARTICLE 5 OBLIGATIONS OF THE PARTICIPANT & MEDICAL DISCLAIMER

Prior to participation, the participant is required to inform themselves about the course and the Del Ferro Method, at minimum by reviewing the general information made available by Del Ferro.

Best-efforts obligation & active participation:

The participant undertakes to actively participate in the course and to adhere to the provided instructions and guidelines. Del Ferro’s obligation explicitly constitutes an obligation of best effort and not an obligation of result. Although Del Ferro executes the course and guidance to the best of its knowledge and ability in accordance with the Del Ferro method, the ultimate result is highly dependent on factors beyond Del Ferro’s control, such as personal effort, motivation, and the extent to which the participant continues to apply the learned techniques in practice.

Progress and evaluation measurements:

The participant is required to provide the active cooperation necessary for the effective execution of the course and the associated aftercare program. This explicitly includes completing the periodic progress questionnaires provided by Del Ferro accurately and in a timely manner. These measurements are essential for Del Ferro to monitor the effectiveness of the applied technique, detect a potential relapse in time, and optimally align further (aftercare) guidance with the participant’s personal situation.

Consequences in the absence of progress data:

If the participant fails to complete the required progress questionnaire(s) in a timely manner after being reminded to do so, Del Ferro reserves the right to suspend further guidance, follow-up training, aftercare sessions, and/or participation in follow-up programs until the relevant information has been provided. In the event of persistent failure to complete the progress questionnaires, any rights to warranty claims, free refresher lessons, or specific goodwill arrangements shall lapse, as Del Ferro cannot guarantee the progress of the method without this measurement data.

Medical disclaimer:

The training courses and the Del Ferro method constitute educational coaching and training focused on breathing and speech, and do not represent a medical or psychological treatment. The course is not a substitute for diagnosis or treatment by a physician or medical specialist. The participant remains solely responsible for their own physical and mental health during the course.

ARTICLE 6 PRICES AND PAYMENT

All prices are per participant and include VAT. Included are the required course materials, including a workbook and the corresponding aftercare program (up to a maximum of 1 year, as described in Article 4). Accommodation and meal costs are not included.

If and to the extent that the health insurance provider covers the costs of a course in whole or in part, the participant is personally responsible for claiming these costs from the insurer.

In principle, payment must be made in a single installment within 14 days after the date of registration (the moment of booking). However, depending on the start date of the course, the following exceptions to this payment term apply:

a. Does the course start within 14 days of registration? Then the full amount must be paid at least 7 days prior to the start of the course.

b. Does the course start within 7 days of registration? In that case, bank transfer is no longer available as a payment option. Payment must then be made immediately upon registration (via a direct online payment method).

In the event of late payment, Del Ferro reserves the right to deny the participant access to the course.

Payment in installments:

Solely in consultation with and subject to explicit approval from Del Ferro (or if offered as a specific option during the booking process), the participant may choose to pay the course fee due in pre-agreed installments.

a. Choosing to pay in installments does not affect the obligation to pay the full agreed program fee. The agreement and the associated payment obligation for the total program are indivisible.

b. When opting for installment payments, the participant explicitly authorizes Del Ferro to debit subsequent installment amounts from the specified bank account via direct debit (SEPA).

c. Terminating the course prematurely (whether unilaterally or not), revoking the direct debit authorization, or reversing a debited amount does not release the participant from the agreed payment obligation for the remaining total amount, subject to the exceptions in Article 7.

d. If a direct debit cannot be executed (for example due to insufficient funds), is reversed, or if the participant is otherwise in default on an installment payment, the installment payment arrangement lapses immediately. The remaining, outstanding total amount for the course shall become due and payable immediately and in full at that time.

If the participant fails to pay an installment or invoice on time, they will receive a written payment reminder setting a final deadline of 14 days to make the payment free of charge. If payment is still not made within this 14-day period, the participant will be in default. From that moment on, Del Ferro is entitled to charge statutory (consumer) interest and extrajudicial collection costs (in accordance with the Dutch Compensation for Extrajudicial Collection Costs Decree).

ARTICLE 7 CANCELLATION AND RESCHEDULING

Without prejudice to the statutory right of withdrawal (Article 3.3), cancellation of a Course or Program must be submitted exclusively by email via info@delferro.nl, stating the order number. The following conditions apply:

a. Cancellation up to 1 month before the start of a course is free of charge.

b. In the event of cancellation between one month and one week before the start of a course, the participant owes 60% of the course fee.

c. In the event of cancellation within one week before the start of a course, the participant owes 100% of the course fee.

In the event of insufficient participants for a group course, Del Ferro may cancel the course up to 7 days before the start (and on even shorter notice under exceptional circumstances). Any course fees already paid will be refunded, unless a new date is determined in consultation.

Premature termination & make-up sessions:

In principle, premature termination of a course that has already started does not entitle the participant to a refund of the course fee. The following exceptions apply to this rule:

a. Children up to 8 years old: if during the course it is determined in consultation that the course comes too early for the child, it can be discontinued prematurely. In that case, the parent/guardian will receive a refund of the course fee for the remaining (unattended) course days.

b. Illness and severe family circumstances: if a participant is unable to continue participating during the course due to force majeure (such as illness or a severe family situation), this does not entitle them to a refund, but the participant obtains the right to make up or complete the course at a later date, to be determined in consultation, free of charge.

Follow-up training & individual breathing sessions:

Appointments for individual training sessions, follow-up training, and aftercare days may be cancelled or rescheduled free of charge up to 24 hours prior to the start time.

a. This must be carried out independently by the participant via the personal management link (the online portal) included in the appointment confirmation.

b. In the event of cancellation within 24 hours prior to the start, or in case of a no-show without prior notice, the session will be forfeited or the full fee will be charged.

ARTICLE 8 LIABILITY AND COMPLAINTS

Del Ferro is never liable for indirect damages, including consequential damages, lost profits, or lost savings.

In the event that Del Ferro is prevented from executing an agreement due to force majeure, Del Ferro may, at its discretion, suspend execution or terminate the agreement without being liable for compensation. Force majeure includes, among other things, illness of the instructor, government measures, or non-performance by third parties engaged by Del Ferro.

Complaints regarding the execution of the agreement must be submitted in writing or by email to Del Ferro, fully and clearly described, within a reasonable timeframe and no later than 2 months after the participant discovered or could reasonably have discovered the defects. Failure to submit a complaint in a timely manner may result in the participant forfeiting their rights in this regard.

All legal claims of the participant against Del Ferro shall become time-barred after the expiry of one year from the date the claim arose.

ARTICLE 9 INTELLECTUAL PROPERTY AND PORTRAIT RIGHTS

Del Ferro is the exclusive owner of all intellectual property rights residing in or arising from the Del Ferro Method and the provided course materials.

The participant is expressly prohibited from passing on (in whole or in part) or commercially exploiting the Del Ferro Method.

Any visual and/or audio recordings made of the participant by Del Ferro during the course will be used exclusively for internal and educational purposes. For the use of this material for external publication or marketing purposes, Del Ferro will always request explicit and separate prior consent from the participant.

ARTICLE 10 CONFIDENTIALITY AND PRIVACY

Participants shall maintain strict confidentiality regarding the Del Ferro Method and any confidential information or personal stories they learn about other participants.

Participants’ personal data (including any health data and information from progress questionnaires) is treated as strictly confidential by Del Ferro and processed exclusively in accordance with the General Data Protection Regulation (GDPR). More information regarding the processing of data can be found in the Privacy Policy on the Del Ferro website.

ARTICLE 11 ERRORS ON THE WEBSITE

Del Ferro strives to provide accurate and up-to-date information on the website. In the event of an inaccuracy or obvious (typographical) error, Del Ferro reserves the right to correct it. Del Ferro is not bound by agreements entered into on the basis of obviously erroneous information (such as an unrealistically low price).

ARTICLE 12 FINAL PROVISIONS

These general terms and conditions and agreements concluded between the parties are governed exclusively by Dutch law.

The District Court of Amsterdam shall have jurisdiction to adjudicate any disputes. However, if the participant is a consumer, they have the right to choose for the dispute to be settled by the court that is competent under the law, within one month after Del Ferro has invoked this article in writing.