Recognition · examinations · training grants
Professional indemnity insurance (BAV) for a training consultancy
Training advice is only tested once the participants have finished. If the certificate does not count then, the whole programme has to be done again.
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Deze pagina in het Nederlands: Beroepsaansprakelijkheidsverzekering voor een opleidingsadviesbureau.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
The risk for a training consultancy lies in recognition after the event. A learning pathway that does not meet the requirements of an industry quality mark or a professional register, so that participants receive no points or no valid certificate. An examination design that the examination body rejects after the group has started. Advice to run a compulsory certification through a provider that is not recognised. The client then pays twice: for the programme that did not count and for the programme that still has to happen. That is pure financial loss.
A second risk area is funding. If you advise on a training grant or on the tax treatment of a training budget, you are in an area where the consequences are large and the rules are formal: incorrect time recording, submitted too late, or an activity that does not fall under the scheme. Bear in mind that insurers assess the clawback of a grant received without entitlement critically, because the client is thereby giving back what he should never have kept.
If you also run the training courses yourself, the picture changes. As soon as you are in a room or at a practical site with participants, there is a chance of injury and of damage to the premises or to materials. That is damage to property and injury and belongs on a liability insurance for a training institute, not on this policy.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What to look out for
Four points that determine, in training advice, whether the loss stays with you or with the client.
Recognition, accreditation and register points
If you advise on a programme that has to lead to a recognised certificate, check the current requirements with the body granting the recognition and record that check with the date and source. Requirements change along the way. A promise that a programme will be recognised is a warranty, and liability arising from it falls outside the cover.
Where your professional capacity ends
Grant applications and tax questions about training costs border on the territory of a grants adviser and a tax adviser. If the mistake lies there, the insurer first tests whether you acted within your insured capacity. Describe in the engagement confirmation what you do not do and refer those elements elsewhere.
Examinations and assessment
For examinations there are requirements about separating teaching from assessment, about the expertise of assessors and about the retention period for examination files. An assessment declared invalid affects all participants at once, so that one piece of advice leads to a series of claims. So look not only at the amount per claim but also at the annual limit.
What is excluded
Excluded are intent and wilful recklessness (Article 7:952 of the Dutch Civil Code), fines, additional assessments and penalty payments, rewriting your own learning pathway and refunding your fee, and promises about pass rates or enrolment numbers. Mistakes by trainers you recommend fall outside as long as they are not named as co-insured on your policy.
What does your premium depend on?
- Annual turnover: the usual basis for advisory work
- Balance between advice and execution: running training yourself calls for additional cover
- Working with grant schemes: increases the exposure per engagement
- Programmes with statutory certification: safety training courses have stricter requirements
- Number of advisers and hired-in staff: including self-employed contractors working under your name
- Sum insured and retroactive period: per claim, per year and from which retroactive date
Insurers weigh these details differently. That is where your saving is.
What falls under which policy
| Situation | AVB | BAV |
|---|---|---|
| Advice to spread a training budget over three years, so that an employee falls outside a scheme | No | Yes |
| A schedule under which a group only starts after the deadline for a compulsory recertification | No | Yes |
| Coffee over a client's laptop during an intake meeting | Yes | No |
| Injury to a participant who falls off a chair during a session run by your firm | Yes | No |
| The cost of defending yourself against an employer challenging your advice | No | Yes |
| Drawing up the training plan again free of charge after a complaint | No | No |
The AVB covers injury and damage to property around your sessions, the BAV the financial consequences of your advice; redoing your own work falls outside both.
Frequently asked questions
This is what people ask us most.
We also run training ourselves. Which policy applies to what?
The split runs along the type of loss. Mistakes in advice, programme design and examination design lead to financial detriment and belong on this policy. A participant injured during an exercise or a damaged room is damage to property and injury and belongs on public and employers' liability insurance. Many firms need both and take them out as one package.
Is a grant that is reclaimed covered?
That is the hardest category. Insurers often reason that a clawback is no more than giving back money to which there was no entitlement, and that this does not produce an insured loss. The additional costs, such as interest and the cost of an alternative programme, can be. Have it confirmed in writing in advance how your insurer treats this.
Are the trainers we use co-insured?
Only if the policy schedule names them as insured persons. If you use self-employed professionals, you are liable to your client for their mistakes under Article 6:76 of the Dutch Civil Code, but without co-insurance you have no cover for it. Choose deliberately between including them and requiring them by contract to hold their own policy with a minimum amount.
The client changed our programme himself. Are we liable then?
For your own advice, yes. For his change, no. If the client cuts modules, reduces the contact hours or leaves out the assessment so that the recognition lapses, the cause lies with him. Keep the version you delivered and your warning. Where causes are shared, the loss is apportioned under Article 6:101 of the Dutch Civil Code.
Read more
Within Beroepsaansprakelijkheidsverzekering
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