General Terms of Training and Service Provision
Terms of the Training, Service Provision, and Quality Assurance Agreement of the Driving School and Maritime School BARCA.
(General Terms of Training and Service Provision).
Approved by the Board on 28.08.2016.
1. General Provisions.
1.1. Barca OÜ (reg. 14106624) (hereinafter referred to as the "Trainer") operates in accordance with applicable regulations in the field of adult education and other applicable legal acts and documents.
1.2. A training participant is a person undergoing a supplementary education program or other courses conducted by the Trainer (hereinafter referred to as the "Student").
1.3. The training process (hereinafter referred to as the "Course") may take place at the Trainer’s premises, rented spaces, customer premises, or online. The course is conducted in a training group and begins at the agreed time indicated during registration or at another mutually agreed time. The duration of the course is specified in the "Participant Registration Form".
1.4. LiiklusLab is an online platform provided by the Trainer for online training and access to educational materials. The Student has the opportunity to receive feedback on results, submit documents, pay for courses, book lessons, and perform other activities. Access to LiiklusLab is provided after registration for the course.
1.5. Courses include various teaching methods, such as classroom sessions, online training, discussions, pair and group work, problem-solving, participant presentations, demonstration of best practices, simulations, and case analysis to maintain participants' interest and engagement. Students have the opportunity to participate, express opinions, and analyze their knowledge and experience to achieve results. Courses are conducted in a friendly and calm atmosphere but remain structured and managed, stimulating creativity and independent learning.
1.6. All topics specified in the course program must be mastered.
1.7. The Trainer has the right to make unilateral changes to the principles of training organization and quality assurance (General Training Conditions). Changes will be posted on the classroom notice board and/or on the website https://barca-group.com/, as well as in the LiiklusLab system.
2. Course Enrollment and Completion Conditions.
2.1. No previous experience or skills are required from participants unless otherwise stated in the course description.
2.2. Course registration is possible at the Trainer’s office or through an online form. Registration confirms that the Student is familiar with and agrees to the General Training Conditions. Registration confirmation is sent via email or displayed in the personal account on LiiklusLab.
2.3. Each Student is issued a certificate or diploma:
2.3.1. A participation certificate is issued if the achievement of learning outcomes was not assessed during training, or if the Student did not achieve them.
2.3.2. A diploma is issued upon completion of training if learning outcomes were assessed and the Student achieved them, and also completed all required topics and additional courses necessary for the issuance of the document.
2.3.3. The Student initiates the issuance of the Diploma or Certificate.
2.3.4. After successfully completing training and passing the exams, the Trainer issues the Student a Diploma of successful course completion, which allows the Student to apply for the issuance of a category certificate at the Transport Department office.
2.4. Theoretical and practical exams are valid for 14 (fourteen) months.
2.5. If the Student qualifies for the Diploma of successful completion, they must obtain it within 2 (two) months. If this requirement is not met, the Student must undergo a knowledge assessment, which includes the number of questions specified in the exam.
2.6. The Trainer ceases to provide Training to the Student and unilaterally terminates the agreement without refunds if the Student has not participated in the training for at least 3 (three) months.
3. Payment Terms and Conditions, Exemptions, and Refunds
3.1. Training can be started by Students included in the training group and who have paid for their training.
3.2. Training costs are indicated on the school’s website and other Trainer’s resources and are also specified in the contract/invoice.
3.3. Payment can be made by bank transfer or in cash at the office.
3.4. If the Student cancels their participation less than 168 hours before the course starts or if the course has already begun, no refund is provided. No refund is also provided in case of course interruption or exclusion. The same applies to cancellations of yachting tours or yacht rentals within specific timeframes as described.
3.4.1. The Student (Client) confirms their agreement and understands that if the Trainer has fulfilled its obligations under the contract and has started providing the service, the Student (Client) loses their right to withdraw from the agreement.
3.5. In exceptional cases, the Board decides on refunds or fee exemptions based on a reasoned application.
3.6. The Trainer has the right to change prices. Relevant notification will be posted 30 days before the price change on the classroom notice board and/or on the website https://barca-group.com/ and/or in the LiiklusLab environment.
3.7. If the Student has outstanding payments, they are obliged to settle the debt. If there is a debt, the Trainer has the right to apply a penalty of 0.2% per day on the debt amount, and the Student must pay this penalty. The Trainer has the right not to issue a Diploma of successful completion in case of a debt.
3.8. Besides the penalty, the Trainer has the right to claim legal and court costs arising from debt recovery.
4. Rights and Obligations of the Student and the Trainer.
4.1. Rights of the Student:
4.1.1. The Student has the right to receive a new lesson if scheduled lessons are canceled without prior notice. Lessons canceled due to the Trainer’s fault are replaced with free lessons.
4.1.2. If the Trainer is late, the Student may receive a free new lesson if it reduces the lesson time.
4.1.3. The Instructor provides the Student with the opportunity to track their training progress and pay additional fees through the LiiklusLab online platform.
4.2. Obligations of the Student:
4.2.1. The Student undertakes to participate in the theoretical classes specified in the curriculum and the agreed driving lessons.
4.2.2. The Student must immediately notify the Trainer of any changes to their contact details.
4.2.3. The Student must check their email at least once a week and monitor notifications in LiiklusLab throughout the course.
4.2.4. In general, the Student undertakes to pay at least the first installment before the theoretical course starts and advance for driving lessons to the Instructor.
4.2.5. The Student undertakes to pay the Instructor the entire agreed amount for the training.
4.2.6. During driving lessons and exams, the Student must comply with the legal requirements governing road traffic.
4.2.7. The Student must avoid causing damage to the Instructor and third parties while driving.
4.2.8. The Student is responsible for damage caused by their actions through fault, according to applicable laws.
4.2.9. If the Student is under 18 at the time of signing the training agreement, they must notify their parents/guardians about the agreement.
4.2.10. If the person paying for the training is not the Student, they must inform the driving school of the payer's name and code for tax returns.
5. Principles of Personal Data Processing.
5.1. Definitions.
5.1.1. Client Data — any information known to the Trainer about the Student.
5.1.2. Personal Data — information directly or indirectly related to a natural person — the Student.
5.1.3. Processing — any actions performed with client data (including collection, recording, storage, modification, provision of access, requests, transfer, etc.).
5.2. The Trainer ensures the confidentiality of the Student in accordance with applicable law and takes appropriate technical and organizational measures to protect client data from unauthorized access, illegal processing or disclosure, accidental loss, alteration, or destruction.
5.3. The Trainer processes the Student's data for the following purposes:
5.3.1. Managing customer relationships and providing access to products and services. To conclude and fulfill the contract with the Student, update and verify data from external and internal sources. Basis: fulfillment of the contract or taking steps prior to its conclusion at the Student's request, or fulfilling legal obligations.
5.3.2. Protecting the interests of the Student and/or the Trainer, assessing the quality of services provided, and recording transactions or other interactions. Basis: fulfillment of the contract, compliance with legal obligations, or based on the Student's consent, or the Trainer's legitimate interest in preventing and investigating abuses.
5.3.3. Providing additional services, conducting customer satisfaction surveys, market research, and statistical analyses. Offering services from the Trainer or its partners, including personalized offers. Basis: the Student's consent or the Trainer's legitimate interest.
5.3.4. Organizing games and campaigns for Students based on the Trainer's legitimate interest in improving the services provided, enhancing their usability, and developing new products and services. The Trainer has the right to use photos and videos taken during the service provision for marketing purposes.
5.3.5. Providing related courses/products.
5.3.6. Registering and displaying learning results to the Student.
5.3.7. Data obtained and/or created in the course of fulfilling legal obligations.
5.3.8. Fulfilling legal obligations and identifying individuals.
5.3.9. Preventing abuse of services and ensuring their proper provision.
5.3.10. Conducting transactions through payment systems.
5.4. Data may be transferred to other recipients, such as:
5.4.1. Government authorities (e.g., law enforcement, bailiffs, notary offices, tax authorities, and regulatory bodies).
5.4.2. Third parties maintaining registries (e.g., population registries, commercial registries, and other databases containing information about the Trainer).
5.4.3. Debt collectors, courts, and bankruptcy or insolvency administrators.
5.5. Client data is not processed longer than necessary. The data retention period may be based on contracts with the Student, the legitimate interests of the Trainer, or applicable legislation (e.g., laws related to accounting or statute of limitations).
5.6. Rights of the Student:
5.6.1. To require the correction of their personal data if it is incomplete, incorrect, or insufficient.
5.6.2. To object to the processing of their data if its use is based on legitimate interest, including direct marketing purposes (e.g., receiving marketing offers or participating in surveys).
5.6.3. To require the deletion of their data if it is processed based on their consent and that consent has been withdrawn. This right does not apply if the data is also processed on other legal grounds, such as for the fulfillment of a contract or compliance with legal obligations.
5.6.4. To obtain information on whether their data is being processed and, if so, to access that data.
5.6.5. To receive their data provided to the Student based on consent or fulfillment of a contract in written or standard electronic format and, where technically feasible, to transfer it to another service provider (data portability).
5.6.6. To withdraw their consent to the processing of their data.
5.6.7. To file a complaint with the Estonian Data Protection Inspectorate (website: www.aki.ee) if they believe that the processing of their data violates their rights and interests.
5.7. The Trainer has the right to unilaterally change the principles of data processing in accordance with applicable law, notifying the Student of changes through the Trainer's offices, website, mail, email, messages, or other means (e.g., through mass media) no later than one week before the changes take effect.
5.8. Transfer of personal data to state authorities (Department of Transport, Tax and Customs Department, Ministry of Education and Research).
5.9. The Student agrees to the transfer of the following data: personal code, date of debt occurrence and termination, as well as the amount to the debt registry. The right to transfer data arises if the Student has outstanding financial obligations.
6. Dispute Resolution Procedure.
6.1. In performing this agreement, the parties shall be guided by the principles of good faith cooperation and respect for each other’s rights and interests, and shall immediately inform each other of any circumstances that prevent or hinder the execution of the agreement.
6.2. To appeal decisions related to the educational process, the Student has the right to contact the management of the Trainer in writing.
6.3. Disputes arising during the execution of this agreement shall be resolved through negotiations. Disputes that cannot be resolved through negotiations shall be resolved in accordance with the law.
6.4. If the parties cannot reach an agreement, disputes shall be examined in court at the residence or location of the defendant in accordance with the laws of the Republic of Estonia.
6.5. Anonymous suggestions and complaints are not registered or considered in the general order. If a suggestion or complaint is clear and justified, it is forwarded to the relevant specialist for review and consideration.
7. Final Provisions.
7.1. The conditions of this training agreement may be unilaterally amended by the Educational Institution in accordance with applicable law. The Educational Institution shall notify the Student of such changes at the Trainer's offices, through the Trainer's website, by mail, by email, via messages, or by other means (e.g., through mass media).
7.2. The Educational Institution has the right to transfer the Student's data to state authorities.
7.3. The Student agrees to the transfer of personal data provided by the Student by the Educational Institution: personal code, date of debt occurrence and termination, as well as the amount of debt to the credit history registry. The right to transfer data arises if the Student has outstanding financial obligations.
8. Quality Assurance Fundamentals.
8.1. The Trainer has implemented a quality management system.
8.2. When developing the educational program, the needs of target groups are taken into account, and each Training is practice-oriented, helping the target group achieve desired and measurable results.
8.3. The Trainer's teachers have specialized education and/or work in the field taught, as well as relevant experience that they can verify.
8.4. All Students are obliged to provide feedback to the Trainer both verbally and in writing in accordance with the provided instructions.
8.5. The Trainer considers feedback and, based on the received report, makes necessary improvements if possible and feasible.
9. Force Majeure.
9.1. The parties' obligations are not considered violated if their non-fulfillment is due to force majeure circumstances. Non-fulfillment or improper fulfillment of obligations under the contract is not considered a violation if the reason for such non-fulfillment is force majeure. Force majeure includes uprisings, mass riots in the administrative unit where the contract is being fulfilled, war, regulatory acts that significantly complicate the fulfillment of the contract, or other circumstances not mentioned in the contract that the parties mutually acknowledge.
10. Procedure for Amendments and Notifications.
10.1. The Educational Institution has the right to unilaterally amend the principles of personal data processing in accordance with applicable law. The Student is notified of changes at the Trainer's offices, through the Trainer's website, by mail, by email, via messages, or by other means (e.g., through mass media).
11. Other Conditions.
11.1. This agreement takes effect upon signing or upon confirmation of registration for the training course, unless otherwise specified in the terms of the agreement.
11.2. The Educational Institution is obliged to ensure the confidentiality and protection of the Student's personal data in accordance with applicable law.
11.3. If any provision of this agreement is found to be invalid or contradictory to the law, this shall not affect the validity of the other provisions of the agreement.
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