1. Term and conditions Boerhaave Continuing Medical Education (CME)
Boerhaave CME is part of Leiden University Medical Centre (LUMC) and provides Postgraduate Education in Medicine (in Dutch named PAOG) by organising (accredited) continuing education in the form of courses, trainings and conferences, both physical and digital. With Boerhaave CME, LUMC has traditionally focused on providing high-quality continuing education in relation to LUMC's focus areas and strategic objectives. Starting points are the established vision on education and learning and the applicable quality requirements of Boerhaave CME.

1.1 Applicability of general terms and conditions
1. These general terms and conditions apply to every agreement between Boerhaave CME and an internal or external client (hereinafter: "client") concerning the assignment given to Boerhaave CME to provide continuing education or other services (hereinafter: "the assignment") and to an agreement between Boerhaave CME and a participant (hereinafter: "participant").
2. By confirming the assignment/registering for the agreed continuing education, the client/participant declares to have taken note of and agree to the applicability of these general terms and conditions.
3. These general terms and conditions contain a generic part that applies to all agreements and a specific part with additional conditions for participants (chapter 2) and additional conditions for clients (chapter 3).
4. If at any time one or more provisions in these general terms and conditions should be wholly or partially null and void or annulled, the remainder of these general terms and conditions shall continue to apply.
5. General terms and conditions of the client do not apply and are explicitly rejected unless they have been accepted by Boerhaave CME in writing.

1.2 Prices and VAT
Boerhaave CME has the right to change its rates, on the understanding that after confirmation of a quote, continuing education or other services regarding Boerhaave CME, the price stated at the time of confirmation will continue to apply, unless the parties have agreed otherwise on this point.
1. All LUMC educational activities are exempt from VAT. The prices are therefore exclusive of VAT, unless otherwise indicated in the relevant continuing education.
2. Educational activities that are organised by Boerhaave CME on behalf of an external client are exempt from VAT if this client is registered in the CRKBO.
3. The prices are, unless stated otherwise at the relevant continuing education, including the costs of educational materials, consumptions and possibly lunch or dinner.
4. Unless otherwise indicated for the continuing education in question, the prices do not include costs for overnight accommodation.
5. Boerhaave CME is entitled to charge any changes in the VAT rate to the other party.

1.3 Confidentiality
Boerhaave CME shall, with regard to the use of information provided or brought to its knowledge for the purpose of Boerhaave CME continuing education, act with due care in accordance with the General Data Protection Regulation (in Dutch called AVG) and other relevant legislation. For more information, please refer to the privacy statement on the Boerhaave CME website.
The client/participant and Boerhaave CME are obliged to keep all confidential information obtained from each other in the context of the agreement secret. Information is considered confidential if it has been communicated as such by a party or if this follows from the nature of the information.

1.4 Intellectual property
The intellectual property rights with regard to the content of the continuing education are vested in Boerhaave CME and/or the (external) educational institution or teacher. Without prior written consent, the content may not be modified, copied, reproduced or otherwise made available to third parties in any form whatsoever, in whole or in part, for use within or outside LUMC and/or for other (commercial) purposes.
All texts, videos and/or photographs posted by Boerhaave CME are subject to Boerhaave CME’s copyright. It is therefore not permitted to use or copy texts, videos and/or photos from the web pages of Boerhaave CME. This applies to the website as well as other (media) channels and publications in (online) magazines and newspapers.

1.5 Limitation of liability
Boerhaave CME carries out the assignment and the continuing education to the best of its knowledge and ability. Boerhaave CME, its co-organiser(s) and the teachers involved in the education are not liable for damages related to participation in the continuing education or changes or cancellation of the continuing education by Boerhaave CME.
Any liability of Boerhaave CME, its co-organiser(s) and the teacher(s) involved in the continuing education for an attributable shortcoming in the execution of the services shall at all times be limited to the damage directly suffered by the client/participant, whereby the amount of the compensation in all cases is limited to a maximum of the invoice amount of the order/continuing education.

1.6 Cancellation of continuing education by Boerhaave CME
1. Boerhaave CME is not obliged to fulfil any obligation with regard to continuing education organised by Boerhaave CME if it is wholly or partially prevented from doing so as a result of force majeure. Force majeure includes but is not limited to, illness of speaker(s), restrictive government measures, quarantines, an epidemic, war, natural disasters or other impediments.
2. In case of force majeure situations prior to or during the continuing education or other services provided by Boerhaave CME, it has the right to cancel or reschedule.
3. Boerhaave CME reserves the right to change the form of the continuing education if the aforementioned force majeure situations give cause to do so.
4. Any participant fees paid shall be (partially) refunded in the event of cancellation by Boerhaave CME, minus the costs for services already rendered.
5. A minimum and maximum number of participants may be set per continuing education. In case the minimum number isn’t reached, Boerhaave CME reserves the right to cancel a continuing education course. The latest cancellation date is two weeks (and six weeks for continuing education courses with foreign participants) before the first continuing education date. In this case any participant fees paid will be refunded.
6. Costs incurred by a participant in addition to the participant fee, such as costs for accommodation or travel, are at participants own risk.
7. Boerhaave CME reserves the right to check whether your registration meets the conditions of the relevant course, including the intended target group. If your registration does not meet the conditions, Boerhaave CME may cancel or refuse your registration.

1.7 Complaints and dispute resolution
For general complaints we refer you to the LUMC website.
Complaints about and/or disputes relating to the assignment to be carried out by Boerhaave CME or continuing education courses to which these terms and conditions apply must be reported in writing by the client/participant to the manager of Boerhaave CME, Dr K.L.L. Habets, within 8 days of ascertaining the facts in question, but no later than 14 days after the assignment or continuing education course has been carried out, via e-mail to info@boerhaavenascholing.nl.
After submitting the complaint, the client/participant will receive an acknowledgement of receipt and a substantive response after 21 days at the latest, in which Boerhaave CME will endeavour to find a solution acceptable to the client/participant if the complaint is well-founded.
If the complaint is judged unfounded or the client/participant does not agree with the solution proposed by Boerhaave CME, the client/participant may submit the matter to the competent court in the district of The Hague.

2.0 Additional conditions participants

2.1 Registration/purchase
Participants can register online and pay the participant fees or purchase a digital product (such as an e-learning, MOOC, webinar, on-demand continuing education, etc.) via the website https://www.boerhaavecontinuingmedicaleducation.com/

2.2 Payment
Fees must be credited to the bank account of Boerhaave CME before the start of the continuing education. If the costs have not been credited to the Boerhaave CME bank account before the start of the first day, the participant will be requested to show a payment order or to pay on the spot (pin/credit card).

2.2.1 Procedure for participation in an education/training course ≤ € 1,000
After registration and payment, participants receive an automatic confirmation of registration and a receipt via e-mail.
2.2.2 Procedure for participation in an education/training course ≥ € 1,000
After registration, participants receive an automatic confirmation of registration with an invoice. Participants must have paid this invoice within 30 days of receipt, unless the continuing education commences within 30 days of invoicing, in which case the invoice must be paid before the continuing education commences.

2.3 Education materials and online learning environment
1. If a continuing education course takes place (partly) online, the participant will receive access to the online learning environment.
2. A continuing education course/digital product is offered in the manner, date, time and place as described in the continuing education information on the website.
3. If applicable, Boerhaave CME shall provide the required educational materials on time, possibly via the online learning environment.
4. The participant receives a personal, non-exclusive and non-transferable right to use the educational material/digital product, possibly via the online learning environment.
5. The educational material/digital product, possibly provided via the online learning environment, may only be used and/or downloaded for personal use and may not be distributed.

2.4 Digital products
1. Digital products are available to the participant via the online learning environment for a minimum of 1 month and a maximum of 24 months (2 years). The duration of availability depends on the required effort. The exact period for the relevant continuing education is mentioned on the corresponding web page. During this period, the participant is also assured of support in case of technical problems.
2. When the registration for (a certain version of) a digital product is closed, this may affect the period in which the participant is entitled to guidance and examination possibilities. The participant will be informed of this as soon as possible.
3. Boerhaave CME reserves the right to make changes to a digital product, including but not limited to technical and content updates.
4. Boerhaave CME has no obligations towards the participant after the availability period has expired unless agreed otherwise in writing.

2.5 Replacement
In consultation, a substitute colleague can be registered if the participant is unable to attend. This is only possible if:
1. There has been a timely notification of this in writing and confirmation in writing before the start of the continuing education. By timely notification Boerhaave CME means: at least 24 hours before commencement of the continuing education or longer if this is needed due to the preparation time required for the continuing education.
2. The € 50 administration fee charged by Boerhaave CME and any costs charged by third parties for carrying out a name change have been paid.
3. Substitution after the start of a continuing education course is not possible.

2.6 Cancellation policy for participants
Cancellation policy participant fees and no-show
After the participant registration, the following rules apply: the cancellation policy is in force after the 14-day cooling-off period. Only written cancellations via info@boerhaavenascholing.nl will be processed in accordance with the rules below:
1. In case of cancellation more than 14 days prior to the first day of the continuing education a € 50,- administration costs will be charged.
2. In case of cancellation on or within 14 days prior to the first day of the continuing education or in case of no-show, the full participation fee will be charged (or there will be no refund).
3. In case of cancellation of a continuing education with a participant fee of less than € 50 (before discount has been applied), no additional invoice will be sent. In this case, only the participant fee (already paid) will not be refunded. Article 2.6.9 applies to cross-disciplinary education offered free of charge by the Leiden OOR to AIOS of the Leiden OOR.
4. In the event that a participant is unable to attend a continuing education due to force majeure, no additional costs will be charged, other than the administration fee of €50. By force majeure Boerhaave CME means the death of a family member in the first or second degree or an unexpected hospitalization of the participant or family member in the first degree. Written proof must be provided for this. Consequently, strikes, bad weather, etc. do not fall under force majeure.
5. No (partial) refund of participant fees will be made in the event of early termination of participation in multi-day continuing education after the start.
6. There will be no (partial) refund of participant fees in case of interim cancellation in one or more activities of a continuing education cycle after its commencement.
7. In case of payment in instalments, all instalments must be paid before admission to the continuing education course.
8. If a participant has not met the preparation conditions such as, but not limited to, passing a test or completing an e-learning, this does not entitle the participant to a (partial) refund of participant fees. These conditions are described with the relevant continuing education on the website, confirmation e-mail and/or in the online learning environment.
9. For cross-disciplinary education funded by OOR Leiden and made available free of charge to AIOS of the Leiden OOR, a different cancellation condition applies; An administration fee of €25 will be charged and a notification will be sent to the education institute in the event of: cancellation on or within 14 days, incomplete attendance and/or no-show.

Cancellation of digital products
After purchasing a digital product such as, but not limited to, an e-learning, MOOC, or recording, the following rules apply: the cancellation policy is in force after the statutory 14-day cooling-off period. Only written cancellations via info@boerhaavenascholing.nl will be processed in accordance with the rules below:
1. For a purchase that exclusively concerns study material made available digitally (such as an e-learning), the 14-day cancellation period starts on the day following the day of receipt of the login data/education material.
2. The participant's right of withdrawal lapses if the e-learning has already started before the 14-day period has expired.
3. If the participant terminates the agreement prematurely after the start of the e-learning, there is no right to (partial) refund of the amount paid or still due.
4. If the participant does not complete an e-learning or does not pass the test in accordance with the requirements stated for the e-learning and/or test in question, this shall not entitle the participant to (partial) refund of the participant fee.

2.7 Other conditions participants
Additional conditions may apply to certain activities. If so, these conditions are described on the website page of the relevant continuing education. This applies, among other things, if the continuing education in question is offered by an external client and/or external instructor, in which case different general terms and conditions (including cancellation) may apply. Boerhaave CME is free to cancel your registration if you are not part of the target group of the continuing education.

3.0. Additional terms and conditons of the client 
Boerhaave CME is the company to organise continuing education with. We offer a complete service from A to Z in which the client is both advised and supported in the organisation of a physical, digital or blended continuing education. The LUMC has set up the following frameworks within which Boerhaave CME may organise continuing education.

3.1 Internal or external client
Boerhaave CME recognises two types of clients.
1. Internal clients are colleagues within the LUMC. The following applies for internal clients:
- Continuing education is a core task and the result obligation is a joint responsibility of the departments/divisions and Boerhaave CME. This means that the financial result (profit or loss) benefits the result obligation and is not settled with the internal client.
- The annual continuing education plan is created in collaboration with the departments/divisions;
- Based on the budgeted costs and benefits, the annual continuing education plan gives an indication of the intended result and whether this is in line with the result obligation.

2. External clients are clients from outside LUMC (with a different Chamber of Commerce number), whereby the following additional conditions apply:
- That at least one active member of the course committee is an LUMC colleague with a medical background.
- The organisation of the continuing education is entirely at the expense and risk of the external client.
- The services of Boerhaave CME are subject to 21% VAT for external clients unless the client has CRKBO certification at the time of the continuing education.

3.2 Registration and assignment acceptance
1. Boerhaave CME can only provide an A-to-Z service for the continuing education. Partial assignments such as only applying for accreditation, participant registration, support for webinars, lecture room reservations, etc. are not possible. Boerhaave CME refers to external congress agencies for large (inter)national continuing education with a high financial risk.
2. A request for a continuing education must be made by the client at least 9 months before the desired start date.
3. After applying the client will receive a quotation for approval. Quotations made by Boerhaave CME are non-committal and are valid for 30 days, unless stated otherwise.
4. If the client agrees with the quotation and there is an agreement from the Boerhaave Committee and/or LUMC portfolio manager for education, the planned date (or dates) will be confirmed by Boerhaave CME in consultation with the client.
5. Boerhaave CME works with market-based participant rates where there must be an appropriate budget. A budget is appropriate when all costs associated with the organisation of a course are paid from the participant fees by Boerhaave CME:
a. Boerhaave CME receives the participant fees;
b. Boerhaave CME receives and pays all invoices.
c. The financial result (profit/loss) is for the benefit of the result obligation and will not be settled with a client unless additional agreements have been made.
6. Continuing education courses in which the participants do not have to pay a participation fee, are an exception and only possible after approval by the involved education portfolio manager of the division.
7. Boerhaave CME is cautious in its use of sponsoring. In the case of sponsoring, Boerhaave CME does so in accordance with the Dutch CGR guideline.
8. Boerhaave CME has a partial institutional accreditation. This is subject to a strict quality framework. Boerhaave CME therefore only accepts assignments that fit in with the LUMC strategy and/or top referral functions and within the quality framework of Boerhaave CME consisting of the following points:
a. If it concerns a new continuing education activity, the approval of the concerned education portfolio manager of the division is required.
b. Medical professionals (medical specialists, general practitioners and elderly care physicians) are members of the Boerhaave Committee (hereinafter: BHcie) and the Primary Care Medicine Advisory Board (hereinafter: STEG). Both committees review and advise on the continuing education selection of their respective target groups.
c. Boerhaave CME starts organising the activity after approval from the portfolio manager education and BHcie/STEG.
d. Timely delivery of the intended program to BHcie/STEG is essential so that the organisation and information for potential participants can be started well in advance. In case of late delivery, Boerhaave CME reserves the right to refuse or cancel the continuing education.
e. Each continuing education course shall be evaluated with the client after completion. Possible opportunities for improvement (content, form, organisation, etc.) will be discussed and included in the set-up of the next edition. In addition, Boerhaave CME looks for improvement opportunities/ common threads. Evaluations are discussed with the BHcie/STEG. Evaluations will be done as following:
- Survey among participants on content, teacher qualities, organisation of the continuing education;
- Evaluation by the client of Boerhaave CME services.

3.3 Changes to the assignment and additional work
1. If, during the execution of the assignment, facts or circumstances occur that (would) impair the originally reached consensus, the client and Boerhaave CME shall consult about this in a timely matter in order to adjust the agreements to the changed situation.
2. If Boerhaave CME, at the request or with the prior consent of the client, has performed work or other activities that fall outside the content or scope of the agreed assignment, such work or activities shall be reimbursed by the (external) client.
3. Boerhaave CME shall never be obliged to comply with a request for changes or additional work and may require that a separate written agreement be concluded for this.
4. The fact that (the demand for) additional work arises during execution of the assignment shall never constitute grounds for the client to dissolve or terminate the agreement.
5. Boerhaave CME is entitled to carry out and charge for any additional work required without the client's prior consent, if the costs of the additional work do not exceed ten percent (10%) of the originally agreed amount.
6. For additional work or less work that deviates more than ten percent (10%) from what was originally agreed upon, the client and Boerhaave CME must consult with each other on the measures that need to be taken.
7. If it appears that the number of participants is staying behind, additional recruitment campaigns will be launched in consultation with the client.

3.4 Formation of the agreement
1. The agreement of assignment between Boerhaave CME and the client is established by signing the written confirmation by Boerhaave CME and the client, or by written confirmation - via e-mail or otherwise - of an agreement on a quotation/confirmation by the client.
2. Based on the 'course fact sheet', the Boerhaave Committee and/or STEG assesses whether a continuing education course has the desired quality level.
3. In response to the course fact sheet, the Boerhaave Committee/STEG may give additional advice or have questions that the client must follow/answer before the organisation of the continuing education course may be started.
4. In the quarterly consultation between Boerhaave CME and the education portfolio manager for each division, new proposals for further education are submitted, after which the portfolio manager assesses whether the further continuing education is in line with the strategic objectives of the division/LUMC.

3.5 Payment by clients
1. If applicable, the client must pay the invoice for the amount due within 30 days of invoicing in the manner indicated by Boerhaave CME.
2. If the client fails to pay within the agreed period, they shall be in default without any notice of default and Boerhaave CME shall be entitled to charge statutory interest and all reasonably incurred (extra) judicial costs.
3. If after a first reminder invoice the outstanding amount still has not been paid (in full), an additional 50 euros in administration costs shall be charged.
4. If the client sends an invoice to Boerhaave CME, the following requirements shall apply:
o The general cost number and project number must be clearly stated on the invoice. At the request of Boerhaave CME, the client must also state internal contact details or other relevant information on the invoice;
o Boerhaave CME shall pay an invoiced amount within thirty days of the invoice date of a correct invoice;
o Boerhaave CME shall not pay interest costs, collection costs or other costs for invoices in the event that the client has submitted an incorrect, incomplete or otherwise incorrect invoice or in the event of a failure to fulfil the client's obligations.

3.6 Suspension, early termination and dissolution by Boerhaave CME
1. Boerhaave CME has the right to suspend or terminate the execution of the assignment if the client has not delivered the required information/teaching materials or fulfilled his payment obligation on time. In this case, the client shall be obliged to compensate Boerhaave CME for the damage suffered by Boerhaave CME.
2. The duration of the assignment shall be agreed upon in the quotation. The duration of the continuing education shall be stated in the course fact sheet. The assignment shall end by operation of law when the time as stated in the assignment has elapsed.
3. Boerhaave CME may terminate the assignment without a notification period if there are changes in the circumstances that are of such a nature that continuation of the assignment cannot be required of Boerhaave CME according to standards of reasonableness and fairness and on the basis of the specific terms and conditions applicable to the assignment, including but not limited to terms and conditions for subsidies or sponsorship.
4. The termination options of this article do not affect the dissolution of the assignment on the basis of the law, such as dissolution due to failure to fulfil the agreement.
5. If the number of participants is too low to cover the costs, Boerhaave CME reserves the right to cancel the continuing education course.

3.7 Cancellation conditions (and (early) termination) of clients
When Boerhaave CME has concluded an agreement with a client on continuing education or other services, the client shall be charged costs if the client cancels the assignment. If the client postpones the continuing education, this shall be regarded as a cancellation unless a new date is mutually agreed with Boerhaave CME on which the continuing education can take place and an agreement is reached regarding any additional costs already incurred.
If the continuing education is cancelled or postponed after the client has given his approval, the following cancellation conditions shall apply:
1. The following applies for the organisational costs of Boerhaave CME:
- Up to 12 months before the 1st continuing education day, cancellation is free of charge.
- For cancellations from 12 months till 9 months before the start date of the continuing education, 10% of the quotation amount will be charged.
- If cancelled from 9 months till 6 months before the start date of the continuing education, 25% of the quoted amount will be charged.
- If cancelled from 6 months till 3 months before the start date of the continuing education, 50% of the quoted amount will be charged.
- If cancelled as from 3 months up till 2 months before the start date of the continuing education, 75% of the quoted amount will be charged.
- If cancelled from 2 months till 1 month before the start date of the continuing education, 85 % of the quoted amount will be charged.
- If cancelled within 1 month before the start date of the continuing education, 100% of the quoted amount will be charged.

2. On cancellation of internal (LUMC) costs such as location, catering, technique, facilities and other costs mentioned in the agreement/quotation, the following applies:
- Up to 3 months before the start date of the continuing education, cancellation is free of charge.
- If cancelled from 3 months till 2 months before the start date of the continuing education, 40% of the quotation amount will be charged.
- If cancelled from 2 months till 1 month before the start date of the continuing education, 60% of the quoted amount will be charged.
- If cancelled from 1 month till 14 days before the start date of the continuing education, 80% of the quoted amount will be charged.
- If cancelled within 14 days before the start date of the continuing education, 100% of the quoted amount will be charged.

3. With regard to the services of third parties (e.g. external location, catering, technology, etc.): the cancellation conditions stated by those third parties in question will apply.