GENERAL TERMS AND CONDITIONS OF ATTENDANCE AT SEMINARS

I INTRODUCTORY PROVISIONS

Article 1 – ABOUT THE ORGANIZER

Basic information

Citizens’ Association National Association for Transactional Analysis – NATAS, 13b Crnotravska St., apartment number 121, Belgrade-Voždovac, company registration number: 28265085, TIN: 111067693, founded on 20 September 2018, code of the association’s activity: 9499, description of the association’s activity: activity of other organizations on the basis of membership.

Article 2 – SUBJECT AND DOCUMENT APPLICATION

General

The general terms and conditions of attendance at seminars define the characteristics and conditions for attendance at seminars organized by the Citizens’ Association National Association for Transactional Analysis – NATAS (hereinafter referred to as: “the Organizer”) for its stakeholders (hereinafter referred to as: “the Attendees”).

Method of application, obligation to apply and applicability

The general terms and conditions of attendance at the Organizer’s seminars, which include the characteristics and conditions for attendance at the seminars are binding upon the Organizer and the attendees and apply to all their contractual relations, unless otherwise agreed by and between the Organizer and an attendee.

Rules based on other documents

The general terms and conditions of attendance at the Organizer’s seminars, which include the characteristics and conditions for attendance at seminars, were adopted and published in accordance with applicable regulations in the Republic of Serbia, primarily in accordance with: the Organizer’s Articles of Association, rules of international certification bodies, the Law on Contracts and Torts, the Company Law, the Law on Copyright and Related Rights, the Law on Trademarks, the Criminal Code, the Law on Accounting and Auditing, the Law on Consumer Protection, the Law on Free Access to Information of Public Importance, the Law on Personal Data Protection, the Law on Protection of Business Secrets, the Law on prohibition of discrimination.

Article 3 – PUBLICITY, AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF ATTENDANCE AT SEMINARS

Publication

The Organizer is obliged to make the characteristics and terms and conditions of attendance at seminars contained in the General Terms and Conditions of Participation in Seminars as well as all amendments thereto publicly available on its website.

Modifications and Supplements

The Organizer is entitled and obliged to supplement and modify the characteristics and terms and conditions of attendance at seminars in order to ensure the compliance with amendments to the law, other binding general deeds, changes in the association’s goals and the attendees’ needs.

The Organizer will inform the attendees about the modifications and supplements to the characteristics and terms and conditions of attendance at the seminars through its website, whereby such modifications and supplements will be binding upon the Organizer and the attendees from the day following their publication on the website.

Article 4 – CONDITIONS FOR ATTENDANCE AT SEMINARS AND ATTENDANCE FEE

Conditions for attendance at seminars

The conditions for attendance at the seminars will be determined in a timely manner by the Organizer and published on its website in the invitation to attend the seminar.

The invitation to attend the seminar will contain the following information: name of the seminar topic, name of the lecturer, conditions that the attendee must meet to attend the seminar, method of seminar delivery (“live” – ​​traditionally or online), seminar attendance fee and payment conditions. In the invitation to attend the seminar the Organizer may specify additional information and conditions depending on the type of the seminar to which the invitation relates. The Organizer reserves the right to determine the possibility of changing the method of seminar delivery if reasonable objective circumstances so require in the invitation to attend the seminar.

The attendee accepts that the Organizer may organize any seminar originally scheduled for “live” delivery to be delivered online, if objective reasons so require (closing of borders, declaration of epidemics, due to health or personal reasons of a lecturer, introduction of emergency or similar measures, state of war, changes in conditions due to force majeure and other reasons).

In the invitation to attend the seminar, the Organizer will specify the attendance fee, as well as the alternative attendance fee in case there is a change in the method of seminar delivery. In the event that the Organizer does not define a different alternative attendance fee for attending the seminar held online, it will be equal to the seminar attendance fee as specified in the invitation to attend the seminar.

By entering into the contract on attendance at the seminar, the attendee declares that he/she agrees that the Organizer is entitled to change the date of the seminar in relation to the date specified in the invitation to attend the seminar, if objective reasons or needs of the Organizer or lecturer require so. In that case, the attendee will be entitled to terminate the contract, provided that the Organizer is entitled to keep the amount of 20% of the total seminar attendance fee on ground of handling costs, as well as the bank transactions charges.

Article 5 – ENTERING INTO CONTRACT FOR SEMINAR PARTICIPATION

 General

Attendees enter into the Contract on seminar attendance with the Organizer by filling out an application for seminar participation, which is an integral part of the invitation to attend the seminar.

The contract on attendance at the seminar is concluded at the moment when the Organizer receives a duly completed application for attendance at the seminar from the attendee by e-mail.

Communication channels with the attendee

The attendee is obliged to provide an uninterrupted channel of communication with the Organizer by phone, e-mail (e-mail address) and mail.

By entering into the Contract on seminar attendance, the attendee undertakes to inform the Organizer in a timely manner about the change of his/her personal data, and especially on the change of the data such as the attendee’s email address or residence address.The attendee is obliged to inform the Organizer about the change of the data stated in the previous paragraph by sending an e-mail to the Organizer.

By entering into the Contract on seminar attendance, the attendee assumes full responsibility for the material costs incurred by the Organizer in case the Organizer was not notified in a timely manner of the change of the stated data in the manner specified in the previous paragraph.

All the communication related to the seminar between the Attendee and the Organizer (information, requests, instructions, complaints, etc.) shall be performed in writing, exclusively by using the e-mail address of the Attendee indicated in the seminar registration form and the official e-mail address of the Organizer: natasrbije@gmail.com

The Organizer will not responsible for misinterpretation of information given to the attendee by telephone or orally.

Obligation of the Organizer

The Organizer is obliged to enable the attendee the attendance at the seminar in all respects in accordance with the terms and conditions from the invitation to seminar participation and in accordance with the application for attendance at the seminar.

Obligation of the attendee

An attendee is obliged to pay the seminar attendance fee in the manner provided by the conditions of the invitation to attend the seminar.

In the event that the Attendee fails to pay the seminar attendance fee in the manner as provided for in the invitation to attend the seminar, he/she will not be entitled to attend the seminar. If the Attendee has not terminated the contract in any of the ways referred to Article 7 of these Terms and Conditions (in which case the rules specified in that article shall apply), the Organizer will be entitled to keep the full amount of the seminar attendance fee.

Bank transactions charges when paying the seminar attendance fee

The Organizer will not bear the commission costs during bank transactions.

An attendee will bear the bank transaction charges when making payments in the country and abroad.

The commercial bank or other institution through which the attendee makes the payment determines transaction charges.

When giving an order to the bank for payment, the attendee is obliged to declare that he/she will bear all the transaction charges.

In the case of payment by cards electronically, the attendee is obliged to increase the amount of payment defined by the Contract on seminar attendance by the amount of transaction charges.

The attendee shall bear all bank transactions charges, including transactions by which the Organizer refunds any amount for any reason.

II NOTICE OF PERSONAL DATA PROCESSING, CONSENT FORM AND CONFIDENTIALITY

Article 6 – Types of data subject to collection and keeping

                        General

The Organizer collects, processes and stores data on the identity and addresses of attendees and other data necessary for attending the seminar and archiving data on attendees.

The Organizer collects, processes and stores data on the IP addresses of attendees and/or numerical codes that each user has on the Internet and which are variable.

Processing and storage of data on attendees is performed within the deadlines and in the manner stipulated by the Law.

The processing of data on attendees will be performed by employees and other persons who, for the needs of the Organizer, perform invoicing, network traffic management, answering questions and collecting attendees’ complaints, collection of claims, education to the extent necessary to perform these activities.

Possible users of the above data may be state authorities based on a court order, when the Organizer is obliged to provide them with the stored data. International certification bodies with which the Organizer has established cooperation may also be possible users of the above data for examination purposes.

Acceptance

By accepting these General Terms and Conditions for attending seminars or concluding the Contract on seminar attendance, the attendee voluntarily and unambiguously agrees that the Organizer collects, processes and stores the data referred to in Paragraph 1 and 2 under the conditions specified in Paragraph 3 and 4 of this Article.

Revocation

The data subject is entitled to revoke his/her consent for his/her data processing.

The consent revocation must be in writing, with unambiguous confirmation of the identity of the data subject.

The consent revocation by the data subject results in termination of the Contract on seminar attendance.

The data subject who gave and subsequently revoked the consent will be obliged to compensate the Organizer for reasonable costs and damage, in accordance with the regulations governing liability for damages.

Complaints

In case of suspected unauthorized data processing by the Organizer or other persons who process the data on behalf and for the account of the Organizer, the person to whom the data relates is entitled to file a complaint to the Organizer.

In case of complaint of an attendee and in case of reporting harassment by other attendees or employees of the Organizer, the Organizer reserves the right to check the data and conduct the procedure to determine whether such harassment has occurred as well as to take appropriate action to sanction unauthorized harassment, if such harassment has really occurred.

Conditions and method of resolving consumer complaints

In accordance with the Law on Consumer Protection (“Official Gazette of the Republic of Serbia”, No. 62/2014 and 6/2016), an Attendee as a consumer will be entitled to make a complaint to the Organizer, as a seller, for the service provided if he/she considers that it does not comply with the agreed service in accordance with legal provisions.

The Law on Consumer Protection prescribes the duty of the seller to provide the consumer with a service that is in accordance with the contract and determines when it is considered that the service provided is not in accordance with the contract, as follows:

  1. in terms of content, quality and purpose the service does not correspond to the description given by the seller before the conclusion of the contract by advertisement or in another similar way;
  2. the service does not correspond to the description given by the seller during the provision of the service, provided that this could have influenced the decisions of the consumer;
  3. the service does not have special properties required by the consumer, which were or must have been known to the seller at the time of concluding the contract;
  4. the service does not have regular properties of services of the same type;
  5. the service does not meet the expectations based on the type of the service and the public promises of the seller regarding the special properties of the service, especially if they are made by the advertisement;
  6. in terms of content, quality and purpose, the service does not correspond to the description given by a third party on behalf of the seller before the conclusion of the contract, by the advertisement or in another similar way.

The seller is not responsible for non-compliance of the service if:

  1. it did not know or did not have to know that the third person on his/her behalf has provided the description referred to in item 6) of the previous paragraph;
  2. the description referred to in item 6) of the previous paragraph has been corrected in an appropriate manner in a timely manner.

If the service does not comply with the agreed service, the consumer may request the seller to provide an adequate service. If the provision of an adequate service is impossible or illegal or represents a disproportionate burden for the seller, the consumer may request a price reduction or termination of the contract.

The provisions of the law governing consumer rights shall apply to the rights of consumers in the event that the service does not comply with the contract (if the goods does not comply with what has been agreed under the contract) (Article 50 to 56 of the Law on Consumer Protection). In this regard, the consumer is entitled to complain under Article 56 of the Law on Consumer Protection in order to exercise his/her rights on the basis of non-compliance, due to incorrectly calculated prices and other deficiencies. The consumer is not entitled to complain if it is determined that the defects were caused by his/her fault or if he/she does not keep the bill, and/or a fiscal receipt, and/or statement from the commercial bank in which he/she has an open payment or current account as proof of payment.

The Seller has the obligation to prominently display the notice on the manner and place of receipt of the complaint, which the Organizer will publish on its website. The consumer files a complaint about the deficiencies of the rendered service along with submitting a contract or other proof that the service has been performed.

The consumer is entitled to file a complaint electronically to the official e-mail address of the Organizer: natasrbije@gmail.com.

Upon receipt, and/or registration of the complaint by the consumer, the seller issues an electronic confirmation to the consumer and confirms the receipt of the complaint as well as the number under which it is registered in the records of received complaints. The Seller is obliged to respond to the consumer in writing or electronically to the declared complaint without delay, and no later than within eight days from the day of receipt of the complaint, except in the case when a temporary business interruption is published on the Organizer’s website, during which the passing of time will not be taken into account.

The seller’s response to the consumer’s complaint must include a decision on whether to accept the complaint, a statement on the consumer’s request and a specific proposal and deadline for resolving the complaint, which may not be longer than 15 days from the date of filing the complaint.

The seller is obliged to act in accordance with the decision, proposal and deadline for resolving the complaint, if it has obtained the prior consent of the consumer. If the seller for objective reasons is not able to meet the consumer’s request within the agreed time, it is obliged to inform the consumer about the extension of the deadline for resolving the complaint and state the deadline within which it will resolve it, as well as to obtain the consumer’s consent, which it must record in the records of received complaints. The extension of the deadline for resolving complaints will be possible only once.

If the performed service is not in accordance with the contract, the consumer who has informed the seller about the non-compliance will be entitled to demand from the seller to eliminate the non-compliance, free of charge, and/or to demand appropriate price reduction or to terminate the contract regarding that service.

If the elimination of non-compliance is not possible, the consumer will be entitled to request an appropriate price reduction or termination of the contract if:

  1. non-compliance cannot be eliminated or cannot be eliminated within a reasonable time;
  2. if the non-compliance cannot be eliminated without significant inconveniences for the consumer due to the type of the service and its purpose;
  3. the elimination of non-compliance is a disproportionate burden for the seller.

A disproportionate burden for the seller in terms of item 3) referred to in the previous paragraph occurs if, in comparison with the reduction of the price and termination of the contract, it creates excessive costs, taking into account:

  1. the value of the service that it would have had if it were in accordance with the contract;
  2. the importance of compliance in a particular case;
  3. whether non-compliance can be removed without significant inconvenience to the consumer.

The consumer is entitled to request a replacement, appropriate price reduction or to terminate the contract due to the same or another non-compliance that appears after elimination of the first non-compliance, while re-elimination of non-compliance will be possible only with the explicit consent of the consumer.

Taking into account the type of the service and the purpose for which the consumer uses it, the elimination of non-compliance must be performed within a reasonable time without significant inconvenience to the consumer and subject to his/her consent.

All costs necessary for bringing the service in compliance with the contract shall be borne by the seller.

The consumer cannot terminate the contract if the non-compliance of the service is insignificant. The consumer reserves the right to claim compensation for damages arising from non-compliance of service from the seller, in accordance with the general rules on liability for damage.

If the seller considers that the consumer’s complaint is justified, and the consumer requests the replacement of the service with a service of the same type, then, in case such a request is justified and feasible, the seller will make the replacement at its own expense.

If the seller considers that the consumer’s complaint is justified, and the consumer requests a price reduction in the case when the replacement of the disputable service is not possible, and/or in the case when such consumer’s request does not represent a disproportionate burden for the Seller, the consumer will be refunded the amount representing the difference between the total and reduced price, no later than within 15 days from the date of submission of the complaint at the expense of the Seller.

If the Seller considers that the consumer’s complaint is justified and the consumer requests termination of the contract, in the case when the replacement of the disputable service is not possible, and/or in the case when such consumer request does not represent a disproportionate burden for the seller, the consumer will be refunded the total amount of price as indicated in the invoice/bill no later than within 15 days from the date of filing the complaint.

It will be deemed that the notification of the accepted complaint has been delivered to the consumer by sending the decision on the accepted complaint to the e-mail address of the consumer, which must be indicated in his/her complaint.

If the consumer requests the reimbursement of any amount of money, the consumer is obliged to state instructions for payment to his/her bank account in the complaint. The consumer must be the owner of the bank account to which he/she requests payment of the amount. The Organizer is not obliged to pay money to the accounts that the consumer is not the owner of. This rule shall apply to any refund by the Organizer.

Secrecy

The Organizer guarantees the secrecy of personal data of attendees in accordance with applicable laws.

The data referred to in the previous paragraph may be stored and processed solely for the purpose of making records of registered attendees for attending the seminar, potential collection of the Organizer’s claims, for making telephone contact with attendees, making attorney reminders before lawsuits and potential initiation of enforcement proceedings before the competent court as well as for other purposes subject to the consent of the attendee and/or in other cases provided by law for the protection of the public interest.

Data Processing

By accepting these General Terms and Conditions for attending seminars, an attendee gives his/her consent to the Organizer to process his/her personal data for marketing, research and other purposes to improve and modernize its services, including the period after termination of the Contract on seminar attendance between an attendee and the Organizer.

By accepting these General Terms and Conditions for attending seminars, the Attendee gives to the Organizer his/her consent to process his/her personal data to collect claims, engage a lawyer in case of need to write reminders before the lawsuit and conduct potential court proceedings for enforced collection of claims as well as to familiarize the person employed in the claim collection service in charge of collecting claims from the attendee with the attendee’s personal data.

By accepting these General Terms and Conditions for attending seminars, the Attendee agrees that the Organizer may, using his/her personal data send him/her offers for entering into a contract for attending other events organized by the Organizer or by another person.

III CONTRACT TERMINATION

Article 7 Modalities for Contract termination

General

The contract on seminar attendance is terminated by fulfilment of the contractual obligations of the Organizer and the Attendees.

Termination by mutual agreement

The Organizer and the attendee may terminate the Contract on seminar attendance by mutual agreement. The Agreement on the termination of the contract on seminar attendance must be in writing and it must define the obligations that the contracting parties are obliged to fulfill before the Agreement on the termination of the contract on seminar attendance enters into force.

Unilateral termination

  1. The Organizer may, without stating any reason, unilaterally terminate the Contract on seminar attendance, with the obligation to return to the Attendee the funds received on account of the seminar attendance fee reduced by bank transaction charges in accordance with Article 5 of these Terms and Conditions.
  • In accordance with the Law on Consumer Protection, the Organizer delivers the notice that the Attendee is entitled to familiarize himself/herself with the below information before potential conclusion of the contract:

a / The attendee may within 15 days from the day of concluding the contract, concluded at a distance, and/or outside the Organizer’s registered office, unilaterally terminate the contract without stating the reasons. The statement on unilateral termination of the contract produces legal effect from the day when it is sent to the e-mail address of the Organizer. The deadline of 15 days will run from the moment of concluding the distance contract, and/or outside the Organizer’s registered office and end with the expiration of the last hour of the last day of the deadline. If the Attendee decides to terminate the contract, he/she is obliged to send a statement on the unilateral termination of the contract to the Organizer in writing or on a permanent record carrier. The attendee may independently formulate a statement on unilateral termination of the contract. In case of unilateral termination of the contract under the stated conditions, the Organizer is obliged to return to the service user without delay the amount paid by the user under the contract less the bank transactions charges in accordance with Article 5 of these Terms and Conditions, and no later than within 30 days from the day of receipt of the statement on unilateral termination of the contract.

b / If the contract is concluded less than 15 days before the start of the service, the Attendee is not entitled to unilaterally terminate the contract under the conditions referred to in the previous item.

c / If the Attendee and the Organizer conclude an Contract on seminar attendance, all items of this Notice become an integral part of the Contract.

  • In case the Attendee unilaterally terminates the contract after the start of the seminar for any reason, including reasons of objective impediment (impediment due to health or personal reasons, deprivation of liberty, state of emergency, change of conditions due to force majeure, etc.), he/she has no right to claim a refund of any amount paid.
  • In the event that the Attendee unilaterally terminates the contract for any reason (including reasons of objective impediment of the Attendee, e.g., illness, deprivation of liberty, changes in conditions due to force majeure, etc.), except for severe violations of the Contract on seminar attendance by the Organizer, after the expiration of the period of 15 days from the day of entering into the contract, the Organizer is entitled to keep the first instalment paid by the Attendee defined by the invitation to attend the seminar on account of the incurred costs.
  • The attendee is entitled to unilateral termination of the contract in case the Organizer violates the provisions of the Contract on seminar attendance, in which case the Organizer is obliged to reimburse the total amount of the money received up to that moment within 15 days from the date of receipt of notice of termination.
  • In case that due to objective circumstances, without the fault of the contracting parties, the entire seminar cannot be held (prevention of lecturers due to health or personal reasons, war or emergency, natural disasters, epidemics, changes in conditions due force majeure, etc.), the Organizer is entitled to keep the amount of 20% of the total seminar attendance fee on account of handling costs as well as the amount of bank charges in accordance with Article 5 of these Terms and Conditions, while the remaining portion of the received amount must be reimbursed to the Attendee within 15 days.

Contract Assignment

The Attendee may assign the rights and obligations under the Contract on seminar attendance to a third party, with the prior written consent of the Organizer, whereby the Contract on seminar attendance ends with the attendee who has assigned the rights and obligations, and a new Contract on seminar attendance will be concluded with the new attendee.

In case the Organizer does not issue a written consent for the assignment of rights and obligations under the Contract, such transfer will not be possible.

IV FINAL PROVISIONS

Article 8 Validity of the General Terms and Conditions for attending seminars

The general terms and conditions of attending the Organizer’s seminars are an integral part of the Contract on seminar attendance. By concluding the Contract on seminar attendance, the attendee acknowledges and confirms that he/she is familiar with and agrees with the General Terms and Conditions for attending the Organizer’s seminars.

Article 9 Interpretation

In case of unclear provisions of the Contract on seminar attendance, such provisions will be interpreted using these General Terms and Conditions of attending the Organizer’s seminars.

Article 10 Nullity of provisions

Subsequent nullity or invalidity of any provision of these General Terms and Conditions of attending the Organizer’s seminars or the Contract on seminar attendance does not affect the validity of the remaining provisions.

An invalid provision may be replaced by an appropriate one which in a legally possible manner most closely reflects the will of the contracting parties, or the presumed will, based on the spirit and purpose of these General Terms and Conditions for attending the Organizer’s seminars, and/or the Contract on seminar attendance at the time of acceptance of these General Terms and Conditions or conclusion of the Contract on seminar attendance, or at the time when the provision is added to amendments to the General Terms and Conditions for attending the Organizer’s seminars or the Contract on seminar attendance.

Article 11 Notification of an Attendee

By entering into the Contract on seminar attendance, the Attendee confirms that he/she has been familiarized in a clear and understandable way with the General Terms and Conditions of attending the Organizer’s seminars before contract conclusion, as well as with:

  1. basic characteristics of the seminar;
  2. addresses and other data that are important for determining the identity of the Organizer (data from the Serbian Business Registers Agency);
  3. the fee for attending the seminar or the manner in which such fee will be calculated, as well as with all additional and other costs that are charged to the Attendee;
  4. the method of payment and the method of execution of other contractual obligations, as well as the manner in which the Attendees’ complaints are handled;
  5. the right of the Attendee to unilaterally terminate the contract under the conditions prescribed by the Law on Consumer Protection;

Article 12 Confidentiality

All the information contained in the Contract on seminar attendance is deemed to be a business secret between the Organizer and the Attendee.

Any disclosure of data from the Contract on seminar attendance by the attendees, without the express written permission of the Organizer, will be deemed a violation of business secrets and will form the basis of material and criminal liability of attendees.

Article 13 Application of general terms and conditions to other events organized by the Organizer

These general terms and conditions, in addition to the organization and attending seminars, will also apply to the organization and attending educational sessions (short-term), such as: summer schools, symposia, conferences, workshops, trainings (short-term), demonstrations, role-plays, therapeutic marathons, occasional supervision sessions as well as all other events organized by the Organizer that are not regulated by some other general terms and conditions of the Organizer.

Article 14 Jurisdiction in case of a dispute

The Organizer and the Attendee will try to resolve all disputes peacefully and by mutual agreement.

If the resolution of the dispute becomes impossible in the manner provided for in paragraph 1 of this Article, the court with its seat in Belgrade, the city municipality of Stari grad, shall exercise competence in resolving the dispute, while Serbian law shall prevail.

Article 15 – Coming into effect

These General Terms and Conditions for attending the Organizer’s seminars are published on the Organizer’s website.

These General Terms and Conditions for attending the Organizer’s seminars come into effect one day after their publication on the Organizer’s website on 13 September 2020.

Please Note: This is English translation of a document originally written in Serbian language. In case of any discrepancy between the original version of a document and the translated text, the original version shall prevail.