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(This is not a legally certified translation, The Dutch copy is the only valid Copy of the General Terms and Conditions of SportstarZ)
1. Definitions
1.1 In the Conditions outlined below, the term “General Conditions and Conditons” is understood to mean:
1.2 “Participant”: natural person whom, in accordance with the Agreement between SportstarZ and Customer, participates in the activities or makes use of SportstarZ’ services.
1.3 “Registration form”: registration form which is part of SportstarZ’ website or a direct link.
1.4 “Customer”: natural or legal person who enters into an Agreement with SportstarZ.
1.5 “Agreement”: an agreement between SportstarZ and Customer which relates to one, or more, service(s) provided by SportstarZ for the benefit of a Participant.
1.6 “Sum”: The total amount, including VAT, payable for the services provided by SportstarZ in accordance with the Agreement. Excluding cancellation insurance.
1.7 “SportstarZ”: registered trade name: SportstarZ based in Noordwijkerhout (NL) hereinafter “SportstarZ”.
1.8 “Sports camp” the product of SportstarZ.
1.9 “Bike rental” natural or legal person who rents / gives in loan bicycles.
2. Application of Conditions
2.1 These General Terms and Conditions are applicable on all services offered, and confirmation of orders, by SportstarZ and to any Agreements derives, connected to or arising from them.
2.2 SportstarZ refuses to accept as applicable any general (or specific) Conditions or stipulations made by the Customer.
2.3 Deviation or supplements on the Agreement or General terms and Conditions in any form apply only in case SportstarZ has agreed to them by letter.
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 terms and Conditions will remain in full effect.
3. Realizing an Agreement
3.1 All offers made by SportstarZ 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 SportstarZ. Subscriptions made over the internet concerns an agreement on distance therefore applies a 7 day period in which the Customer can withdraw from the Agreement without declare of reason. However notification must be in writing.
3.3 Subscriptions will be processed in receiving order of first term payment. In case the maximum number of participants is reached, payment will not be processed.
4. Payment
4.1 Down payment (= 45% of the Sum) should be paid as soon as possible after receiving SportstarZ’ reservation voucher. Payment of the second term (55% of the Sum) should be made at least 45 days before the first camp day.
4.2 In case of reservations on or within 45 days before the first camp day the whole Sum must be paid within 7 days and at least before the first camp day, after receiving SportstarZ’ reservation voucher.
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, SportstarZ retains the right to cancel the Agreement. The Customer shall be liable for the cancellation fee.
5. Instructions, Rules of Conduct
5.1 The Participant is obliged to comply with all reasonable instructions given by SportstarZ 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 SportstarZ, 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 SportstarZ. The Participant is liable for all resulting costs and damages.
5.3 In case SportstarZ expects a participant to cause inconvenience or disturbance, to such an extent that successful implementation of the Agreement is made difficult, SportstarZ holds the right to cancel the Agreement.
5.4 Participants allow that photographs are being taken by SportstarZ’ staff members during the camps with possible recognizable images of individual participants. SportstarZ is allowed to use these images in Magazines, Brochures, Posters, on our Website, etc.
5.5 Participants under 18 years old are not allowed to: leave the sport camp without supervision or drink alcohol. Smoking is not prohibited unless participant has a written parental consent.
6. Liability of SportstarZ
6.1 All luggage and other personal belongings remain the responsibility of the Participant at all times. SportstarZ accepts no responsibility for damage to (valuable) items of luggage and/or other personal belongings of the Participant deposited with the staff of SportstarZ, as a result of theft, loss, or damage, unless deliberately caused or committed by SportstarZ.
6.2 SportstarZ accepts no responsibility for damage which results in a claim for compensation by a third party, who is involved with SportstarZ for the implementation of the Agreement, on the third parties travel and accident or liability insurance.
6.3 SportstarZ accepts no responsibility for loss or damage caused by transport of the Participant, except in the case of individual transport by SportstarZ or in cases of damage deliberately caused or committed by SportstarZ. The Customer/Participant has to contact the carrier involved directly. SportstarZ will provide the name of the carrier concerned upon request by the Customer or Participant.
6.4 SporstarZ accepts no responsibility for damage of rental bikes caused by theft, loss or damage. The Customer/Participant is jointly and severally liable for possible damage of bikes rented through SportstarZ.
6.5 In accordance with all the Conditions stated in paragraphs 6.1 – 6.4 inclusive, the liability of SportstarZ is limited to the amount which may be claimed through its liability insurance.
6.6 Participant shall at all times responsible for diet and medication.
7. Liability of the Customer
7.1 The Customer is liable for all damage which is caused to SportstarZ, 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 SportstarZ against claims by third parties which result from the Participants misuse of facilities, and/or services, in accordance with the Agreement.
8. Circumstances beyond control/Alterations/Annulment SportstarZ
8.1 If SportstarZ is not, or is only partially, able to fulfil its obligations in accordance with the Agreement, due to circumstances beyond control, SportstarZ is authorized to offer an equivalent alternative (to its judgment)or annul the Agreement totally or partially. SportstarZ may do this without the right to claims from Customers or judicial intervention.
8.2 The Customer is not entitled to (any) (damage) compensation if SportstarZ or the Customer has to cancel the trip due to terrorism, natural disasters, dissuasive travel advice, infectious diseases and strikes.
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, beside possible reservation- and additional costs, the Participant is due to pay the following amounts:
• Up to 45 days before commencement – the down payment, 55% of the total Sum;
• From the 45th day (inclusive) until the 20th day before commencement – 75% of the total Sum;
• From the 20th day (inclusive) until the day of commencement, or later, 100% of the total Sum
9.3 In case of cancellation, the Participant is empowered to find a replacement. In this case administrative costs of € 25,– will be charged.
10. Lost property
10.1 Lost property will be kept by SportstarZ for three weeks after the end of a camp. After this period expires, SportstarZ is empowered to hand over these items.
11. Participant Insurance
11.1 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.
11.2 Customer is responsible to check personal details and desired travel and/or cancellation insurance on reservation voucher – Sum – insurance policy in accordance with details on Registration form. SportstarZ accepts no responsibility for possible shortcomings on reservation voucher – Sum – insurance policy.
12. Bicycle (rental)
12.1 Participant uses the bicycle in a normal, sensible way.
12.2 Always park your bicycle on a place designed for parking bicycle and lock them with a chain.
12.3 Participant is responsible for, and will pay, possible fines or judicial costs made by participant during the rental period.
12.4 The bicycle may not be used on area’s not meant for bicycles such as staircases, slopes, multisport course etc.
12.5 In case of loss, theft, accident or any other related event the participant is obliged to inform the Bicycle rental company and SportstarZ within 2 hours and if possible hands over a copy of police statement for theft or crime.
12.7 In case Participant ignores above terms and conditions the Participant is due to pay the following amounts:
In case improper use of bicycle results in loss by theft, € 400,-.
In case of loss or damage of fastening installations, keys or locks rented, between € 50,- and € 400,- according to the actual damage determined.
In case of damage to the bicycle a maximum amount of € 400,-, according to the actual damage determined.
12.8 The Participant states he/she knows the basic principles to ride a bicycle and aware of the risks involved in this kind of activities. The Participant is in every situation responsible for his/her/their mental and physical capability for the activities involved in this matter including possible problems through matters of diseases, medication or sick pay of an ailment involving he/she/their safety.
12.9 SportstarZ as well as the Bicycle rental is not responsible for compensation for damages as a result of accidents or damage including normal and improper use of the bikes or damage done to persons or belongings of a third party or loss of personal belongings of Participant during the rental period.
13. Air travel
13.1 In case the sports camp is booked including flight the General Transport Conditions of the airline apply.
13.2 SportstarZ is never responsible for any delay or cancellation of the flight.
14.1 If due to circumstances beyond one’s control, such as traffic jams on the road, at sea or in the air, strikes or weather conditions, delays and subsequent (public) transportation is not possible, SportstarZ can never be held responsible for the cost arising therefrom.
14.2 In the event of delays as stated in article 14.1 SportstarZ preserves the right to modify the program. There will be no refund.
16. Warranty disclaimers merchandise items.
16.1 Under normal use and maintenance SportstarZ gives a 6 months warranty on merchandise items for material- and manufacturing defects. Wear from heavy use is not covered by the warranty. Any postage or transport costs are for the account of the customer.
17. Applicable law, interpretation and disputes.
17.1 Only Dutch law is applicable to the Agreement and all Agreements derived from it.
17.2 This is not a legally certified translation, The Dutch copy is the only valid Copy of the General Terms and Conditions of SportstarZ
17.3 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 The Hague (NL).
General Terms & Conditions 01-01-2020