Article 1: Definitions
In these general terms and conditions, the following terms shall have the following meanings:
a. Offer: any offer from LSC-LSS to enter into an Agreement;
b. Subscription: any subscription that the participant takes out with LSC-LSS to participate in Activities;
c. Activities: all activities, of any kind, organized by LSC-LSS directly and/or indirectly, to which the Participant gains access and/or participates, including but not limited to sports activities;
d. Participant: the natural person not acting in the exercise of his profession or business who gains access to or participates in events and activities organized by LSC-LSS;
e. House Rules: the (additional) rules pertaining to the relevant Activity to which the Participant is bound and which form part of the Agreement and/or the Terms;
f. LSC: the foundation Stichting Leeuwarden Studiestad, also acting under the name Leeuwarden Student City, located at (8971 DD) Leeuwarden, Rengerslaan 1, registered in the trade register of the Chamber of Commerce under number 01086874, with the email address sport@leeuwardenstudentcity.nl;
g. Agreement: any agreement concluded between Parties relating to the Activity and/or the provision of services by LSC-LSS to the Participant. This explicitly does not include any agreement between the Participant and the Sports Association, as LSC-LSS is always outside of this potential legal relationship;
h. Partner(s): LSC-LSS and the Participant respectively;
i. Written: by letter, email, or bailiff's writ;
j. Sports Pass: has the meaning as mentioned in article 6.1;
k. Sports Association: all sports associations affiliated with LSC-LSS where the Participant engages in Activities under the Subscription;
l. Terms: the present general terms and conditions of LSC-LSS;
Article 2: Applicability
2.1 These Terms apply to all Offers from LSC-LSS to the Participant and to all Agreements between LSC-LSS and the Participant, as well as to all resulting and related obligations.
2.2 Deviations from and/or additions to the Agreement are only valid if and insofar as they have been expreLSSy agreed upon in Writing between the Parties and only apply to the relevant Agreement. Such a deviation and/or addition does not set a precedent. The Participant cannot derive any rights from this for any future Agreements.
2.3 In the event of nullity or annulment by the Participant of one or more provisions of the Terms, the remaining provisions of the Terms shall remain fully applicable to the Agreement. Parties will consult to replace a null or annulled provision of the Terms with a provision that is valid and non-annullable and that aligns as closely as possible with the purpose and intent of the null or annulled provision.
2.4 To the extent that an Agreement deviates from one or more provisions of the Terms, the provisions of the Agreement shall prevail. The remaining provisions of the Terms shall remain fully applicable to the Agreement.
2.5 If translations of these Terms are issued, the version in the Dutch language shall prevail over versions in other languages.
Article 3: Conclusion and Execution of Agreements
3.1 With due observance of the provisions of the Terms, an Agreement is only concluded by taking out a Subscription via the registration form on the Student Sports Leeuwarden website.
3.2 The Agreement replaces and supersedes all previous proposals, correspondence, agreements, or other communications between the Parties that took place prior to the conclusion of the Agreement, regardless of how they deviate from or conflict with the Agreement.
3.3 Promises by and agreements with subordinates or representatives of LSC-LSS, or Sports Associations, only bind LSC-LSS if and insofar as these promises and/or agreements have been confirmed or ratified by LSC-LSS in Writing to the Participant.
Article 4: Subscription
4.1 If the Participant takes out a Subscription via LSC-LSS, he/she will receive a (digital) sports pass to participate in Activities.
4.2 The Participant can choose from the following Subscriptions: Sports Pass Basic or Sports Pass Plus.
4.3 The different Subscriptions each have their own rates and conditions. The rates and conditions can be found on the LSC-LSS website.
Article 5: Right of Withdrawal
5.1 The Participant has the right to withdraw from the Agreement free of charge and without giving any reason within 14 days after the Agreement has been concluded.
5.2 The right of withdrawal can be exercised by sending an email to sport@leeuwardenstudentcity.nl.
5.3 If the Participant has already made a (partial) payment, LSC-LSS will refund the amount paid as soon as possible to the Participant's bank account.
5.4 If the Participant has already participated in an Activity during the period in which he/she was entitled to withdraw from the Agreement, LSC-LSS may charge costs proportionate to the Subscription. The costs relate to the period from the time the Agreement was concluded until the Participant exercises the right of withdrawal.
5.5 For a sporting event, the Participant has the right to withraw the full registration fee if the cancellation is made at least 72 hours before the start of the event. Cancellations made after this period are not eligible for withdrawel.
Article 6: Access
6.1 If the Participant has concluded an Agreement with LSC-LSS, the Participant will receive a sports pass via a QR code (Sports Pass). The Sports Pass is personal and non-transferable.
6.2 The Sports Pass serves as proof that the Participant has taken out a Subscription with LSC-LSS. The Participant must show the Sports Pass to LSC-LSS and/or the Sports Association before gaining access to and/or participating in an Activity.
6.3 LSC-LSS is entitled to refuse the Participant to an Activity and/or exclude further participation in an Activity if:
a. the Participant provided information that is untrue before the Agreement was concluded;
b. the Participant does not provide a Sports Pass as mentioned in article and/or
c. the Participant does not comply with the Agreement, the Terms, or the House Rules pertaining to the relevant Activity and/or the instructions given by (employees of) LSC-LSS and/or the Sports Association.
Article 7: House Rules
The Participant must adhere to the House Rules of LSC-LSS and/or the Sports Association and the instructions given by (employees of) LSC-LSS and/or the Sports Association.
Article 8: Termination
8.1 The Participant is entitled to terminate the Agreement in whole or in part prematurely for a valid reason by sending an email to sport@leeuwardenstudentcity.nl. There may be a valid reason if:
a. the Participant is going to do an internship for a certain period and therefore cannot (temporarily) participate in Activities;
b. the Participant is going on an exchange abroad for a certain period and therefore cannot (temporarily) participate in Activities;
c. the Participant is graduating and/or has graduated;
d. there is a medical reason why the Participant can no longer participate in Activities.
8.2 LSC-LSS is entitled to request Written evidence from the Participant demonstrating the valid reason. Written evidence includes an internship contract, exchange contract, diploma, and/or medical certificate from a doctor.
8.3 The Participant is not entitled to a refund of any amount if article 8.1 applies. LSC-LSS reserves the right to claim the full amount owed by the Participant under the Agreement.
Article 9: Payment
9.1 Payment is made via Ideal, Mollie, or by bank transfer.
9.2 If payment is made by bank transfer, it must be made within fourteen (14) days after the Agreement is concluded, unless otherwise agreed in Writing between the Parties. Payment must be made to the bank account specified by LSC-LSS. The timing of payment is determined by the moment LSC-LSS receives a notification from its bank regarding the credit of the relevant amount.
9.3 If payment is not made in full within the specified period, the Participant is in default and must pay statutory interest on the outstanding amount. LSC-LSS is also entitled to charge extrajudicial collection costs. Additionally, LSC-LSS has the right to terminate the Agreement without further notice of default.
Article 10: Force Majeure
In case of force majeure and an Activity (whether or not at a Sports Association) does not take place as a result of the force majeure, the Participant can claim (substitute) access to another Activity. The Participant must indicate within a period of fourteen (14) days after LSC-LSS invokes force majeure and has notified the Participant whether he/she wants to participate in another Activity.
Article 11: Liability
11.1 LSC-LSS is only liable for direct damage resulting from the Participant's participation in Activities. LSC-LSS is not liable for damage resulting from the loss or theft of the Participant's property.
11.2 In case of a shortcoming by LSC-LSS and if the Participant suffers damage as a direct result of this shortcoming, LSC-LSS is only liable for direct damage resulting from the Participant's participation in the Event. LSC-LSS is not liable for indirect damage, such as consequential damage and/or immaterial damage.
11.3 In all cases as described in articles 11.1 and 11.2, LSC-LSS is only required to compensate the Participant up to the amount that LSC-LSS's insurer actually pays out in a given case, unless there is intent or gross negligence on the part of LSC-LSS. LSC-LSS is not obligated to pay any other (damage) compensation to the Participant.
11.4 LSC-LSS has no involvement in Activities taking place at Sports Associations. The Participant must comply with the rules applicable at the relevant Sports Association. LSC-LSS is not a party to the legal relationship between the Sports Association and the Participant.
Article 12: Intellectual Property
LSC-LSS is entitled to take and publish photos and/or film recordings during an Activity for promotional purposes. By concluding an Agreement with LSC-LSS, the Participant gives permission for the publication of the photos and/or film recordings on LSC-LSS's websites and/or social media channels.
Article 13: Applicable Law
All Agreements concluded by LSC-LSS are governed exclusively by Dutch law. The District Court of North Netherlands, location Leeuwarden, has jurisdiction in case of a dispute between LSC-LSS and the Participant.