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Terms and Conditions
GENERAL CONDITIONS SPORTWAYS
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 in accordance with the Agreement between SportWays and the Customer.
1.3 "Application Form": that part of the brochure, and/or the internet site "www.sportways.co.za", that is completed and returned by the Customer to SportWays.
1.4 "Customer": The individual who enters into an Agreement with SportWays.
1.5 "Agreement": an Agreement between SportWays and a Customer which relates to one, or more, service(s) provided by SportWays 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 in accordance with the Agreement.
1.7 SportWays SA (Pty) Ltd known under trade name: ''SportWays" domiciled in Cape Town.
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.
3.4. The right of subscription and attendance is reserved.
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 January 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.
4.5 SportWays has a strict NO PAY, NO PLAY policy and no participant will be allowed to participate unless payment has been made in full prior to the start of the service.
4.6 SportWays has a first come first serve policy in terms of registration and payment and reserves the right to cancel any Agreement should the maximum capacity of the hockey camp and / or clinic be reached.
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 (if applicable), 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 and clinics (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 (only if applicable).
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 Participants 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 fulfill 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 have subscribed.
9. Cancellation by Customer
9.1 Cancellation must be made in writing; the date of the receipted email 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 10% of the total Sum;
-From the 56th day (inclusive) until the 28th day before commencement 25% 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 participation, 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 R0.00 will be charged at this time.
10. Discount terms and conditions (applicable to the annual PRINCESS Dutch Clinic in January only)
The following discounts are applicable to the Princess Dutch Clinic only:
10.1 EARLY REGISTRATION DISCOUNT - register and pay in FULL before the 31 Oct 2018 and we offer you a 10% discount.
10.2 REPEAT PARTICIPATION DISCOUNT - players who registered and paid for the 2018 clinic (last year ONLY), are offered a 10% discount if they register and pay before 31 Nov 2018.
10.3 FAMILY DISCOUNT - 2 direct family members are offered a 10% discount, 3 or more direct family members are offered a 20% discount.
10.4 GROUP DISCOUNT (requires one group registration and one group payment) - More than 10 players are offered 15% discount. More than 20 players are offered 20% discount. Please contact us in this regard first.
10.5 The following terms apply to the discounts allowed in 10.1 to 10.4 above.
10.5.1 Only ONE discount applicable per player i.e. discounts can not be added to one another. The maximum or largest single discount applies.
10.5.2 If you apply a discount that is not valid or applicable to you, payment will not be recognised and the Agreement can be cancelled at SportWays discretion.
10.5.3 Discounts can not be applied retrospectively if payment has been made. No refunds for missed discounts whatsoever.
10.5.4 Discounts are not processed automatically and discount codes need to be manually entered to take effect.
11. Lost property
11.1 Lost property will be kept by SportWays for three days after the end of a clinic. After this period expires, SportWays is empowered to hand over these items to charity.
12. Participant Insurance
12.1 It is the responsibility of the Customer and/or Participant to take out any travel and / or accident insurance, with sports cover included, which may be required for the duration of the SportWays activity.
13. Applicable law and disputes
13.1 Only South African 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 Cape Town.
14. It is compulsory for the parent / guardian of the participant to agree to the Indemnity terms and conditions below.
14.1 As parent and/or legal guardian of the participant, over whom I have custody and control, I hereby consent to them participating in the various activities as arranged, organised or offered by SportWays.
14.2 As parent and/or legal guardian of the participant I appoint the SportWays Staff accompanying the group, or supervising the activity, to act in loco parentis in respect of the participant should the need therefore arise.
14.3 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 damage 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.