General terms and conditions
Please find below the General Terms and Conditions that apply to all SportWays Hockey Camps events.
Publication date: 31-07-2020
Article 1 - Definitions
In these general terms and conditions, hereinafter referred to as "General Terms and Conditions", which can be consulted on the website of SportWays, the following terms are understood to mean:
1.1. "SportWays": SportWays b.v., known under the trade name SportWays, established in Amsterdam.
1.2. "Participant": the natural person who under the Agreement between SportWays and Principal participates in an Event organised by SportWays.
1.3. "Registration Form": the form on the Website of SportWays.
1.4. "Principal": the natural person or legal entity who enters into the Agreement with SportWays.
1.5. "Agreement": the agreement between SportWays and Principal with regard to participation by Participant in an Event organised by SportWays.
1.6. "Travel Sum": the total sum, excluding insurance and surrender cancellation risk, due for one or more services to be provided by SportWays for the benefit of the Principal and Participant.
1.7 "Event": a day camp, international day camp, overnight camp or clinic organised by SportWays, as further defined in the offer of SportWays on the Website and the Registration Form.
1.8. "Website": the website of SportWays, identified by the url: www.sportways.com.
Article 2 - Applicability
2.1. These General Terms and Conditions apply to all offers made by SportWays, confirmations of orders and any ensuing or related agreements or further agreements.
2.2. SportWays expressly excludes the applicability of any General (and/or specific) Terms and Conditions and/or stipulations of the Principal and/or Participant.
2.3. Deviations from or additions to - in whatever form - the Agreement or the General Terms and Conditions shall only apply if SportWays has given its prior written consent.
2.4. In case of a conflict between the provisions of the General Terms and Conditions and/or provisions of the Agreement, the latter shall prevail.
2.5. If any provision of these General Terms and Conditions is not applicable or contrary to Public Order or Legislation or the Law, only the relevant provision will be considered as not written and the other General Terms and Conditions will remain valid in full force.
2.6. SportWays is entitled to amend these General Terms and Conditions and/or the Agreement unilaterally at all times.
2.7. SportWays is entitled to change the prices of an Event at all times. An Event may be temporarily offered for a lower or higher Travel Sum. This does not entitle a refund.
Article 3 - Registration
3.1. All offers of SportWays are without obligation and subject to the available capacity, unless expressly agreed otherwise.
3.2. The Agreement shall be concluded after Principal has digitally submitted the Registration Form, to be found on the Website.
3.3. In case of registration via internet, a 14-day reflection period in relation to a remote purchase applies. Within this reflection period, registration may be cancelled free of charge without giving a reason, provided this is submitted in writing, addressed to firstname.lastname@example.org.
3.4. In case of any changes made after 14 days of the confirmation date, an administration fee of €7.75 will be charged.
Article 4 - Payment
4.1. Payment must be made within 14 days after receipt of the digital booking confirmation sent by SportWays and before the start of the Event.
4.2. For bookings made after 31 May of each calendar year, payment must be made within 7 days after receipt of the booking confirmation and before the start of the Event.
4.3. If and to the extent that timely payment is not made, the Principal is legally in default, without any notice of default being required.
4.4. In case of non-timely payment, SportWays reserves the right to cancel the Agreement and the Principal will be liable for the cancellation costs in accordance with the provisions of Article 12 paragraph 2 or Article 12 paragraph 3 of these General Terms and Conditions.
Article 5 - Code of conduct
5.1. The Participant is obliged to comply with all reasonable instructions of SportWays to promote a proper fulfilment of the Agreement. Participant must also respect the code of conduct which SportWays wishes to see observed during the stay at accommodations under the Agreement.
5.2. A Participant who causes or may cause nuisance or inconvenience, in such a way that a proper fulfilment of the Agreement by SportWays is severely hindered, can be excluded by SportWays from - further participation in - the Event. This is at the discretion of the Event Manager of the Event. In this case, Principal and/or Participant are not entitled to a refund of - part of - the payment for participation in the relevant Event. All resulting costs and damages shall be for the expense of the Principal and/or Participant.
Article 6 - Privacy
6.1. Principal and Participant agree that (personal) data provided by Principal and Participant to SportWays may be used to the extent necessary for the fulfilment of the Agreement and related purposes, including, but not limited to, editorial, commercial and promotional purposes related to Events of SportWays, analysis purposes and making targeted offers.
6.2. Principal and Participant agree that (personal) data provided by Principal and Participant to SportWays may be used for, but not limited to, editorial, commercial and promotional purposes relating to SportWays Events and making targeted offers from partners of SportWays: the Royal Dutch Hockey Association and the National Hockey Academy.
6.3. Principal and Participant have the right to view the (personal) data of Principal and Participant processed by SportWays.
6.4. On the written request of Principal and/or Participant, the (personal) data of Principal and Participant processed by SportWays will be removed from the database of SportWays.
Article 7 - Images and audio material
7.1. Principal and Participant agree that during and/or around Events of SportWays in which Participant participates, audio recording(s), photo(s) and/or video(s) may be made with the recognisable image of Principal and/or Participant and that these audio recording(s), photo(s) and/or video(s) made by SportWays may be used by SportWays for all purposes, including but not limited to editorial, commercial and/or promotional purposes.
7.2. Principal and/or Participant unconditionally transfer all rights to the audio recording (s), photo (s) and/or video (s) stated in paragraph 1 of this article to SportWays.
7.3. If Principal and/or Participant do not agree with audio recording(s), photo(s) and/or video(s) being made or used as referred to in paragraph 1 of this article, Principal and/or Participant must inform SportWays in writing, prior to the relevant Event of SportWays addressed to email@example.com.
Article 8 – Lost property
8.1. Lost property from the overnight camps of SportWays will be kept until two weeks after the end of the Agreement. After this period SportWays is entitled to transfer the found items to a charity.
8.2. A service fee will be charged to Principal and/or Participant for the return of lost property.
8.3. Lost property found at the (International) Day Camps and Clinics of SportWays will be held at the club/location in question.
Article 9 - Liability of SportWays
9.1. SportWays excludes - except in case of damage caused by intent and/or gross negligence of SportWays - any liability for damage to luggage and/or other personal property of Participant, whether or not deposited with SportWays, as a result of theft, loss and/or damage.
9.2. Participation in an Event of SportWays - except in case of damage caused by intent and/or gross negligence of SportWays - is entirely at the risk of the Principal and/or Participant. SportWays excludes all liability as a result of injuries, physical complaints or inconvenience in the broadest sense of the word, which have occurred during or as a result of a SportWays Event, completely and is in no way liable for compensation of damages and/ or costs nor refund of the costs of participation.
9.3. SportWays accepts no liability for damage for which a claim for compensation exists under a travel and accident insurance or under a (liability) insurance of third parties involved by SportWays in the fulfilment of the Agreement.
9.4. SportWays accepts - except in case of individual transport by SportWays itself or except in case of intent or gross negligence of SportWays - no liability for the transport of Participant. Participant should, where appropriate, submit a claim with the relevant carrier. SportWays will provide the name of the carrier on the request of Participant and/or Principal.
9.5. Without prejudice to the provisions stated in the preceding paragraphs of this article, any liability of SportWays is limited to the amount to which, in the case in question, a claim exists under its (liability) insurance(s).
9.6. The texts, images and videos on the Website describe the content of a SportWays Event as well and accurately as possible. Despite the fact that they represent a SportWays Event as faithfully as possible, this representation is not binding. Possible deviations - for whatever reason - are possible.
Article 10 - Liability of Principal and/or Participant
10.1. Principal is jointly and severally liable for all damage that has/will arise for SportWays and/or any third party as a direct or indirect result of an attributable shortcoming - non-compliance with the code of conduct as described in Article 5 of these General Terms and Conditions – of the Participant.
10.2. Principal shall indemnify SportWays against claims by third parties for compensation of damages resulting from or related to the use of facilities and/or services by the Participant under the Agreement.
Article 11 - Force majeure, amendment or cancellation by SportWays
11.1. If, due to force majeure, SportWays is wholly or partially prevented from fulfilling one or more of its obligations under the Agreement, SportWays is entitled to offer an alternative, as described in paragraph 3 of this article, or to suspend the Agreement in whole or in part without judicial intervention, by means of a SportWays voucher, described in Article 16 of these General Terms and Conditions, or to have the Agreement terminated, without SportWays being obliged to pay any compensation to the Principal.
11.2. Force majeure, as referred to in paragraph 1 of this article, includes, but is not limited to:
a. The circumstance that third parties engaged by SportWays, such as suppliers, hockey clubs, (sports) accommodations, carriers or other parties on which SportWays depends, fail to meet their obligations, or fail to meet their obligations in a timely manner;
b. Weather conditions, natural disasters, pandemics, terrorism, cybercrime, disruptions to the (digital) infrastructure, roadblocks, strikes or interruptions of work and travel and trade restrictions;
c. Insufficient registrations for participation at a hockey camp, which is the case if the number of registrations is less than 70 participants at an Overnight Hockey Camp or 30 participants at a (International) Day Camp.
11.3. An equivalent alternative includes, but is not limited to, Events in the same price range, period and age group.
Article 12 - Cancellation by Principal
12.1. Cancellation must be stated in writing, addressed to firstname.lastname@example.org, with the date of the cancellation email serving as the reference date for the provisions of paragraph 2 or paragraph 3 of this article.
12.2. In case of cancellation of the Agreement of an Overnight Camp of SportWays, the following sums will be charged per Participant:
a. Up to and including 14 days after registration, 0% of the total Travel Sum;
b. Up to and including 12 weeks prior to the start of the Event, 30% of the total Travel Sum;
c. From the 84th day (inclusive) to the 42nd day prior to the start of the Event, 50% of the total Travel Sum;
d. From the 42nd day (inclusive) until the 5th day prior to the start of the Event, 75% of the total Travel Sum;
e. From the 5th day (inclusive) until the day of commencement of the Event and during the Event, 100% of the total Travel Sum..
12.3. In case of cancellation of the Agreement of a Day Camp or International Day Camp, the following sums will be charged per Participant:
a. Up to and including 14 days after registration, 0% of the total Travel Sum;
b. Up to 30 days prior to the commencement of the Event, 15% of the total Travel Sum;
c. From the 30th day (inclusive) until the 14th day prior to the start of the Event, 35% of the total Travel Sum;
d. From the 14th day (inclusive) until the 1st day prior to the commencement of the Event, 75% of the total Travel Sum;
e. On the day of the commencement of the Event and during the Event, 100% of the total Travel Sum..
12.4. In the event of cancellation, the Participant is entitled to designate another person to take his/her place. An administration fee of €25.00 will be charged.
12.5. Principal can redeem the cancellation risk for a fee of 6% of the Travel Sum per Participant. More information and the conditions are stated in Article 15 of these General Terms and Conditions.
Article 13 - Amendments by the Principal
13.1. Principal and/or Participant is entitled to make amendments to the Agreement free of charge up to and including 14 days after the conclusion of the Agreement.
13.2. In the case of overnight camps of SportWays, Principal and/or Participant is entitled to make additional amendments in the booking up to and including 4 weeks before departure, limited only to a coach journey, airport service and travel and accident insurance. An administration fee of €7.75 will be charged for each amendment.
13.3. In the case of Day Camps and International Day Camps, the Principal and/or Participant is entitled to have additional amendments made to the booking at all times, limited only to decreasing or increasing the number of days of participation. No administration fee will be charged for these amendments.
13.4. In the event that a Surrender Cancellation Risk insurance is taken out, the premium of the policy may change in the event of amendments by the Principal and/or Participant.
Article 14 - Insurance
14.1. Principal and/or Participant is obliged to take out travel and accident insurance with sports coverage for Participant during the period of the event.
14.2. SportWays offers Dutch and Belgian participants a travel and accident insurance with extensive sports coverage for a premium of €25.00 per camp. This insurance will be taken out with Hienveld b.v..
14.3. Principal should take out the insurance coverage during the conclusion of the Agreement. In case of any amendment after 14 days after concluding the Agreement, an administration fee of €7.75 will be charged.
14.4. For information about the policy conditions of the travel and accident insurance or submission and handling of claims, Principal and/or Participant can contact Sem Vosters, Heilbron Assurantiën.
Article 15 - Surrender cancellation risk
The cancellation risk can be surrendered for a fee of 6% of the total Travel Sum. For the settlement of the cancellation risk, Principal and/or Participant can only cancel with a valid reason.
15.1. The Surrender Cancellation Risk can be taken out up to a maximum of 14 days after registration. An administration fee of € 7.75 will be charged for taking out Surrender Cancellation Risk.
15.2. Payment of the Travel Sum will only be made in the event of cancellation as a result of an uncertain event, as referred to in points a to g inclusive:
a. Death, serious illness or serious accidental injury of Participant, family members in the 1st or 2nd degree or housemates of Participant;
b. A medically necessary procedure which the Participant may unexpectedly undergo;
c. When, on medical advice, the Participant cannot obtain a vaccination that is mandatory for the Event;
d. When the Participant is unexpectedly called for a re-exam that cannot be scheduled at another time than during the Event;
e. The sudden and unexpected breakdown, within 30 days prior to the commencement of the Event, of the private means of transport to be used by the Participant to make the foreign journey to the Event;
f. The unexpected failure, through no fault of the Participant, to obtain the required visa;
g. Complications in case of pregnancy of Participant.
Article 16 - SportWays Voucher
16.1. A SportWays Voucher is a voucher.
16.2. If the event has been cancelled due to unavoidable and extraordinary circumstances, as described in article 11.1. of these Terms and Conditions, SportWays may issue a so-called voucher.
16.3. The value of the SportWays voucher is equal to the Travel Sum, and if booked includes the costs of the Surrender Cancellation Risk and/or travel and accident insurance, which has been paid by Principal and/or Participant at the time the voucher was issued.
16.4. The SportWays voucher is only valid for all Events organised by SportWays.
16.5. The SportWays voucher is valid for two consecutive calendar years from the date of issue.
16.6. If Principal and/or Participant does not use the voucher, Principal and/or Participant is entitled to apply for a full refund from 12 months after the date of issue of the voucher.
16.7. The SportWays voucher is transferable to another participant for a SportWays Event, as described in article 12.4. of these General Terms and Conditions.
16.8. When Principal and/or Participant uses the voucher for the same type of Event, any price modifications will not be settled.
Article 17 - Complaints and shortcomings
17.1. Complaints and shortcoming must always first be reported by Principal and/or Participant to the Supervisor or Technical Director of the Event, so that the issue can be resolved on the spot.
17.2. If the complaint or shortcoming is not resolved properly, Principal and/or Participant must request the Supervisor or Technical Director of the Event to make a written report.
17.3. A complaint or shortcoming must be submitted in writing within two weeks after the end of the Event via email@example.com. This written complaint must state in any case:
a. Date of the complaint, name, telephone number(s) and e-mail address;
b. Name, telephone number(s) and e-mail address of the complainant(s);
c. Name of Principal and Participant;
d. Name, location and dates of the Event;
e. Type and description of the complaint;
f. A copy of the written report of the camp leadership.
17.4. A complaint will be answered in writing as soon as possible, but in any case within three weeks after it has been received.
17.5. If a complaint is not dealt with within the period as stated in paragraph 4 of this article, SportWays will send an acknowledgement of receipt within this period and state a new period within which a response can be expected.
17.6. Complaints and shortcomings that are submitted after the return of Principal and/or Participant without having been recorded in writing by the Supervisor or Technical Director of the relevant Event, will not be dealt with.
Article 18 - Applicable law
18.1. The Agreement and all agreements resulting therefrom shall be governed exclusively by Dutch law.
18.2. All disputes that may arise between the parties as a result of the Agreement or agreements arising therefrom shall be settled by the competent court of the District Court of Amsterdam.
18.3. In the event of a conflict between the translation of the text of these General Terms and Conditions and the Dutch version, the original Dutch version will always take precedence.