In case of any discrepancy or inconsistency between the Contract and these General Conditions, the Contract shall prevail.
- I. PREAMBLE
- These General Terms and Conditions for the Supply of Training and Services (the “Terms”) shall apply to all sales and deliveries of training (“Course”) and services (“Service”) by VIKING Safety Academy (”VIKING”) to any purchaser, company or individual (“Customer”) and the Course attendee (“Participant”). VIKING and the Customer and/or Participant is collectively referred to as the "Parties" and individually a "Party".
- These Terms shall apply together with any sales or agreement (“Contract”) entered between the Parties.
- In case of any discrepancy or inconsistency between any written Contract entered into between the Parties and these Terms, the written Contract shall prevail.
- Only information and data included in the Contract are binding upon VIKING. Any information and data contained in brochures, price lists or any other documents are binding only to the extent that such documents are expressly incorporated into the Contract by reference.
- VIKING provides a range of Services and Courses delivered by e-learning, practical training or blended learning. E-learning is a fully online mean of training that may be purchased and launched through the VIKING website and platform. Practical training is provided solely as hands-on training at one of VIKINGs practical training facilities, also called Academies. The Academies are at present located in Norway, Greece and Denmark. Blended learning combines e-learning and practical training. All Services and Courses are described on www.viking-safetyacademy.com.
- Any non-public information, intellectual property rights and knowhow pertaining to any Course and Service, including but not limited to drawings, descriptions, manuals and all other technical and training related documents, is and shall remain the exclusive property of VIKING. Any such information shall not be copied or disclosed to a third party by the Customer or the Participant or used for purposes other than the purposes intended by VIKING when the information was made available.
- The Customer will register the Participant for Course attendance through www.viking-safetyacademy.com or via e-mail. If the booking is placed by mail, the specific Course and Course date must be mentioned. The booking is considered binding when VIKING confirms the booking by e-mail.
Upon registration Customer will – with the consent of the Participant - provide the needed Participant details to VIKING. These details may include name, date of birth, address, e-mail etc.
- A Customer or Participant may cancel a Course booking by giving VIKING notice in writing.
- If the cancellation is received and confirmed by VIKING no later than 14 days prior to first Course day, VIKING will refund the Course price ex. an administration fee of 10%.
- If the cancellation is received 13 days or less before the first Course day, VIKING will charge the full Course price.
- Subject to capacity and consent from VIKING, a Customer or Participant may reschedule Courses to new dates with no extra charges.
- VIKING retains the right to cancel any Course with notice to Customer no later than 14 days prior to Course start. In case of such cancelation, the Participant will be offered the possibility to participate in an identical Course on another date/place within reasonable time or to have the Course fee refunded.
- Subject to force majeure, including, but not limited to sickness, damage to training facilities, weather conditions, VIKING retains the right to cancel or suspend any Courses. In case of such cancelation or suspension, the Participant will be given the possibility to participate in an identical Course on another date/place within reasonable time or to have the Course fee refunded.
- Upon completion of a Course and passing of any test required with sufficient results, VIKING will issue a Course certificate to the Participant.
- Following written acceptance from Participant and payment of administration fee, VIKING may issue duplicates of Course certificates.
- It is the Customer’s and Participant’s sole responsibility to ensure that the Participant is adequately fit and do not suffer from any disorders (heart related or other severe disabilities or diseases) to participate in any physical training Course. If in doubt, Participants must seek appropriate medical advice prior to commencement of the training Course. The Participant must disclose any relevant medical condition and advice received prior to taking part in physical training activities. VIKING reserves the right to refuse any Participant on the Course when it is suspected that the Participant’s attendance may pose a risk to the Participant’s own health and safety or the health and safety of others.
- The Participant shall during practical training Courses comply with all instructions given by VIKING personnel, signs and instructions. All applicable rules and regulations must be followed when attending a course at one of VIKINGs Academies or any external affiliates.
- The Participant must refrain from the use of and not be under the influence of alcohol or any other drugs in any form. Failure by a Participant to comply with section VIII may lead to the dismissal of the Participant for the remaining of the entire Course. No refund of the Course fee will be given in case of dismissal. The VIKING reserves the right to inform the Participants employer about the incident.
- Any rules and/or requirements applicable in respect of the Courses and Services shall be expressly referred to in the Contract in order to be binding between the Parties.
- The Customer bears the risk of any amendments to such rules and/or requirements after the execution of the Contract. In the event that such rules and/or requirements are amended after the execution of the Contract, VIKING may make reasonable efforts, if so requested by the Customer, to change the Services accordingly, subject to an adequate adjustment of the price. Notwithstanding this, VIKING shall in no event be obliged to make such change.
- Course prices are listed on www.viking-safetyacademy.com.
VIKING retains the right to revise and change the Course prices at any time.
- All prices are exclusive of VAT and any other taxes or duties.
- Unless otherwise agreed in writing, the purchase price shall be paid 30 calendar days after invoice date.
- Courses purchased directly on www.viking-safetyacademy.com will be paid upon check-out.
- Irrespective of the means of payment, payment shall not be deemed to have been effected until the full outstanding amount has been irrevocably credited to VIKING's account. All banking charges and fees charged by the Customers bank shall be paid by the Customer.
- VIKING shall be entitled to interest on any late payment from the day on which payment was due. The rate of interest shall be one and a half per cent (1.5 %) per month or fraction of a month.
- In the event of late payment, VIKING may at its discretion suspend performance of any of its obligations under any Contract with the Customer and the Participant until payment in full has been effected or terminate the Contract and claim damages.
- VIKING warrants that the Courses and Services comply with the specification and description set forth in the Contract. No further warranties and representations are made by VIKING.
- All claims in respect of Courses and Services shall be notified to VIKING without undue delay. If claims have not been received by VIKING within 3 months after the completion of the Course or Services giving rise to a claim, the right to make a claim is lost.
- VIKING shall not be liable to, the Customer and/or the Participant for any type of loss, damage, injury sustained by the Customer and/or Participant in connection with Course attendance, unless the loss, damage or injury was caused by an intentional or grossly negligent act by VIKING or if a liability is prescribed by mandatory rules of the applicable national law.
- Notwithstanding any provision of these Terms which might otherwise be to the contrary, VIKING shall not be liable to the Customer and/or the Participant for indirect, exemplary, punitive or consequential damages (including but not limited to loss of profits, goodwill, anticipated savings, customers or revenue) of any kind, whether based upon a claim or action of contract, warranty, negligence, strict liability or other tort, a Service liability claim, or otherwise arising out of or related to the Contract, and even if VIKING was advised in advance of the possibility of such damages. In addition, the maximum liability of VIKING arising out of the Contract shall be limited to the total amount paid by the Customer and/or the Participant to VIKING for the Course or Services giving rise to the claim under the Contract.
- The Customer and/or the Participant shall be liable for any damage to VIKING facilities, inventory or employees, caused by acts or omissions in negligence or willful misconduct of the Participant.
- The Customer and/or the Participant shall be obliged to be joined as a party to proceedings of any court or arbitral tribunal examining claims for damages filed against one of the Parties based on damage allegedly caused by VIKING.
- It is the sole responsibility of the Customer and Participant to hold and maintain relevant compulsory and customary insurance for the Participant attending a Course.
- VIKING shall be entitled to suspend performance of its obligations under the Contract to the extent that such performance is impeded or made unreasonably onerous by any of the following circumstances: sickness, damage to training facilities, weather conditions, fire, war (whether declared or not), military mobilization, insurrection, requisition, seizure, embargo, terrorism, restrictions in the use of power, any industrial dispute, any disturbances in deliveries by sub-contractors, any shortage of raw materials, utilities or transportation and any other circumstances that are beyond VIKING’s reasonable control and which affect VIKING’s possibilities to fulfil the Contract ("Force Majeure").
- The Customer and/or Participant agree that VIKING is permitted to hold and store personal information about the Participant. Personal information is not distributed in the VIKING organization or disclosed to third parties without Customer consent. Disclosure to third parties will only be carried out if there is a specific and legitimate reason, such as registration to Maritime Authorities and the central register of OPITO. Further details and information on how VIKING process personal data is outlined in VIKINGs GDPR terms on www.viking-safetyacademy.com.
- If any provision of the Contract, including these Terms, contravenes mandatory law or is illegal, invalid or unenforceable, such contravention, illegality, invalidity or unenforceability shall not invalidate the entire Contract, including these Terms.
- The Contract, including these Terms, shall be governed by the laws of the country, where the contracting VIKING entity is situated, and without regard to any choice of law rules (no renvoi).
- Any dispute or claim arising out of or in connection with the Contract, including these Terms, shall be settled in accordance with the laws in the country, where the contracting VIKING entity is situated.
- The place of jurisdiction shall be the competent court at the contracting VIKING place of business. The language of the arbitration shall be English.
- Notwithstanding the foregoing, VIKING shall, at its option, also be entitled to bring an action against the Customer before any court of competent jurisdiction under national or international law, in which event the clause set out above shall not apply.
II. COURSE AND SERVICE INFORMATION
III. REGISTRATION AND BOOKING
IV. CHANGES AND CANCELLATION BY CUSTOMER AND PARTICIPANT
V. CHANGES AND CANCELLATION BY VIKING
VII. HEALTH, ENVIRONMENT AND SAFETY
VIII. RULES AND REQUIREMENTS
IX. PRICES AND PAYMENT
X. WARRANTY AND COMPLAINTS
XI. LIABILITY AND LIMITATION OF LIABILITY
XIII. FORCE MAJEURE
XIV. PERSONAL DATA PROTECTION (GDPR)
XV. APPLICABLE LAW AND DISPUTES