SportWays - Hockeykampen en clinics

General Conditions
SPORTWAYS BV GENERAL CONDITIONS 
Version: 09-12-2004
This is not a legally certified translation. The Dutch copy is the only valid Copy of the General Terms of SportWays. A Dutch copy of the General Terms is available on request. 

GENERAL CONDITIONS 

1.	Definitions

1.1	In the Conditions outlined below, the term "General Conditions" is understood to mean:

1.2	"Participant?: the individual who participates in the activities, or makes use of the services, of SportWays bv in accordance with the Agreement between SportWays bv and the Customer.

1.3	"Application Form": that part of the brochure, and/or the internet site "www.sportways.nl", that is completed and returned by the Customer to SportWays bv.

1.4	"Customer": The individual who enters into an Agreement with SportWays bv.

1.5	"Agreement": an Agreement between SportWays bv and a Customer which relates to one, or more, service(s) provided by SportWays bv for the benefit of a Participant, or group of Participants. 

1.6	"Sum": The total amount payable, including vat, for the services provided by SportWays bv in accordance with the Agreement.

1.7            SportWays BV known under trade name: ''SportWays bv" based in Amsterdam


2.	Application of Conditions

2.1	These general Conditions apply to all services offered, and orders confirmed, by SportWays and to any Agreements connected to, derived or arising from them. 

2.2	SportWays refuses to accept as applicable any general, or specific, Conditions or stipulations made by the Customer.

2.3	Changes or additions to the Agreement, or general Conditions, in whatever form, apply only if SportWays has agreed to them in writing.

2.4	In the case of any contradiction between definitions within the general Conditions and the definitions within the Agreement, the latter prevails.

2.5	Should it arise that one of the definitions within the general Conditions is not applicable, unlawful, or in violation of civil order, only that definition will be considered as null and void whilst all and the other general Conditions will remain in full effect.


3.	Reaching an Agreement

3.1	All offers made by SportWays are free from obligation and limited by the available capacity, unless explicitly agreed otherwise. 

3.2	The Agreement is reached after the Customer has returned the registration form to SportWays.

3.3           With regards to subscriptions made over the internet, a seven day cooling-off period applies. Within this period, persons can cancel their subscription without reason and without having to forfeit a cancellation fee. However, notification must be in writing.

4.	Payment

4.1	The Customer agrees to pay the Sum, in full, within 14 days of receiving confirmation of the Agreement from SportWays.
 
4.2	In the case of reservations made on, or after, the 1st of June in each calendar year, payment of the Sum agreed must take place within 7 days of receiving confirmation from SportWays.

4.3	Should payment of the Sum agreed not be made within the appropriate time, the Customer is lawfully in default, without any proof needed of that default.

4.4	Should payment of the Sum agreed not be made within the appropriate time, SportWays retains the right to cancel the Agreement. The Customer shall be liable for the cancellation fee, in accordance with article 9 paragraph 2 of the general Conditions. 


5. Instructions, Rules of Conduct

5.1	The Participant is obliged to comply with all reasonable instructions given by SportWays for the purpose of successfully implementing the Agreement. Furthermore, the Participant has to respect the rules of conduct to be observed during their stay at the accommodation, as laid down by SportWays, in accordance with the Agreement.

5.2	A Participant who causes, or could cause, inconvenience, or disturbance, to such an extent that successful implementation of the Agreement is made difficult, may be excluded by SportWays. The Participant is liable for all resulting costs and damages.

5.3 I hereby allow that photographs taken by a SportWays staff member during the hockey camps (with recognizable images of individual participants) to be used only for promotional purposes by SportWays, including the use of these photographs in Magazines, Brochures, Posters, and on our Website.

5.4 I hereby allow SportWays to keep me informed about its activities by post, text message and/or e-mail.


6. Liability of SportWays

6.1	All luggage and other personal belongings remain the responsibility of the Participant at all times. SportWays accepts no responsibility for damage to (valuable) items of luggage and/or other personal belongings of the Participant deposited with the staff of SportWays, as a result of theft, loss, or damage, unless deliberately caused or committed by SportWays. 

6.2	SportWays accepts no responsibility for damage which results in a claim for compensation by a third party, who is involved with SportWays for the implementation of the Agreement, on the third parties travel and accident or liability insurance.                                    

6.3	SportWays accepts no responsibility for loss or damage caused by transport of the Participant, except in the case of individual transport by SportWays or in cases of damage deliberately caused or committed by SportWays. The Customer/Participant has to contact the carrier involved directly. SportWays will provide the name of the carrier concerned upon request by the Customer or Participant. 

6.4	In accordance with all the Conditions stated in paragraphs 6.1 - 6.3 inclusive, the liability of SportWays is limited to the amount which may be claimed through its liability insurance.

7.	Liability of the Customer

7.1	The Customer is liable for all damage which is caused to SportWays, and/or a third party, as a direct or indirect result of actions taken by the Customer/Participant which do not comply with the rules of conduct.

7.2	The Customer will indemnify SportWays against claims by third parties which result from the Participant?s misuse of facilities, and/or services, in accordance with the Agreement.


8.	Circumstances beyond the control of SportWays leading to alterations to, or annulment of, the Agreement by SportWays

8.1	If SportWays is not, or is only partially, able to fulfil its obligations in accordance with the Agreement, due to circumstances beyond control, Sportways is authorized to offer an equivalent alternative (to its judgment)or annul the Agreement totally or partially. SportWays may do this without the right to claims from Customers or judicial intervention 

8.2	Circumstances beyond control as mentioned in paragraph 1 of this article will include, among others, insufficient subscription to a camp. This will be the case if less than 70% of the maximum amount of Participants (as mentioned in the SportWays brochure) have subscribed. 


9.	Cancellation by Customer

9.1	Cancellation must be made in writing; the date of the postmark will serve as the date of reference and be used as defined in paragraph 2 of this article. 

9.2	In case of cancellation of the Agreement the following amounts will be charged per Participant:

-Up to 8 weeks before commencement - 15% of the total Sum;
-From the 56th day (inclusive) until the 28th day before commencement - 35% of the total Sum; 
-From the 28th day (inclusive) until the 5th day before commencement 50% of the total Sum; 
-From the 5th day (inclusive) until the day of commencement 75% of the total Sum; 
-On the date of travel, or later, the whole Sum will be charged.

9.3	In case of cancellation, the Participant is empowered to find a replacement. In this case administrative costs of EUR 25.00 will be charged. 

9.4	The Customer can redeem the cancellation risk at a premium of 6% of the total Sum per Participant.


10.	Alterations by the Customer/Participant

10.1	The Customer/Participant is empowered to make additional changes to the reservation made up to 4 weeks before departure. This only applies to services stated below;

-	a bus trip;
-	an airport pick-up;
-	Travel accident insurance.

An administrative cost of EUR 7.50 will be charged for each alteration.

10.2	All other alterations will be considered to fall under the terms of cancellation stipulated in article 9 of the general Conditions.


11.	Lost property

11.1	Lost property will be kept by SportWays for three days after the end of a trip. After this period expires, SportWays is empowered to hand over these items to the Salvation Army.


12.	Participant Insurance

12.1	It is compulsory for the Customer and/or Participant to take out travel and accident insurance, with sports cover included, for the duration of the trip.  

13.	Applicable law and disputes

13.1	Only Dutch law is applicable to the Agreement and all Agreements derived from it.

13.2	All disputes that might occur between parties as a result of the Agreement, or the Agreements derived from it, will be dealt with by an authorized judge from the court of law in Amsterdam.

14.	It is compulsory for the parent / guardian of the participant to sign the Participant Waiver.
14.1	The Participant Waiver can be found on the homepage www.sportways.ie under the button Participant Waiver
14.2	I hereby authorize the Camp and/or Clinic  or its representatives to obtain emergency medical treatment on behalf of my child in the event that, in the opinion of said Camp and/or  Clinic  , my daughter/son is in need of such treatment. I further agree that I will be responsible for the payment of any and all medical treatment, associated transportation costs or medicines of any nature which may arise in connection with any sickness or accident which may occur during the Camp and/or Clinic , whether such expense is incurred during or subsequent to the Camp and/or  Clinic , and will indemnify and hold harmless the Camp and/or  Clinic and further release the Camp and/or  Clinic , or its representatives for any damages sustained by me in connection with providing of medical treatment. I acknowledge and understand that SportWays camps are privately run sports camps and have no affiliation or partnerships with the venues and/or facilities at which they are operated. I agree to hold the Camp and/or Clinic location, venue and/or host, its facilities, management and employees as well as SportWays and its business partners, officers, agents, employees, coaches, chaperones and officials harmless from and against any and all claims for injury, costs, liability, damages or loss to person or property which may be sustained or occur while at Camp and/or Clinic, whether or not they are due to negligence and in consideration I give my consent for my child named on the application to participate in all sport activities at the Camp and/or Clinic. Also, any damaged caused by my daughter/son to camp or facility property will be her/his responsibility to remedy or reimburse. I hereby acknowledge that there is a risk of injury involved in sports participation. My daughter/son is physically fit and able to participate in strenuous activities and attend this camp.
I agree with the general conditions and I am aware of having to sign the Participant Waiver before the start of the camp.