Please note that the NSAC is not a travel company and only runs by virtue of its volunteers. If you have any questions or concerns about the contents of these terms and conditions or about the winter programme, please contact the NSAC Winter Programme Committee at wp@nsac.alpenclub.nl.
1. Establishment and content of the agreement
1.1. An agreement between the participant and the NSAC is established when the NSAC has received a fully completed registration form, the signed general terms and conditions and the full deposit within the specified period from the participant within the registration period.
1.2. The content of the agreement is also determined by the information in the NSAC publications applicable in that season. Obvious spelling errors, printing errors and/or mistakes on the website, in brochures or other promotional material do not bind the NSAC.
1.3. Participation in the NSAC Winter Courses is subject to meeting the entry requirements of the relevant course.
1.4. The NSAC reserves the right to select participants in the event of over-registration. If selection is made, the selection criteria will be communicated to the participant prior to the selection.
2. Payment:
2.1. The deposit for the course must be paid before the registration deadline
2.2. The full course fee must be paid before November 30th.
2.3. The course price mentioned in the promotion is an approximation of the costs to be incurred. Depending on the number of participants and the availability of instructors, participants may have to pay an additional amount or have an amount left over. In the case of a profit made by the summer program, this profit will be distributed according to article 4.2 of the “NSAC Financiële Richtlijn”
3. Cancellation by the participant:
3.1. Cancellation can only be communicated in writing, whereby the date of receipt is considered the cancellation date.
3.2. In the event of cancellation, the following costs will be charged. This applies only when the course place cannot be filled from the waiting list. In the event of cancellation:
- before registration closes (October 31st) – no additional costs are charged
- from registration closing to 56 days before the first course date – 50% of the total course costs are charged
- between 56 and 28 days – 75% of the total course costs are charged
- 28 days to start of the first course date – 100% of the total course costs are charged
3.3. In case of cancellation up to 28 days before departure, the NSAC Winter Programme Committee will endeavour to find a replacement for this participant. If there are more qualified candidates than spots available, this Committee keeps a waiting list from which it will approach possible replacements. The liability for the course fee during this process still lies with the participant. If a replacement has been found and if they have agreed to the terms and conditions, this liability transfers to them. The Committee cannot guarantee a replacement will be found. The participant is within their right to suggest a candidate themselves, as long as this candidate can prove they meet the selection criteria published on the website and the terms in this Agreement. The NSAC retains the right to reject any replacement candidate they do not see fit to join the course, based on these selection criteria.
4. Cancellation and changes by the NSAC
4.1. If the number of participants after the closing date is less than the minimum number of participants as set in the budget, the NSAC may decide not to proceed with the course.
4.2. Due to circumstances such as bad weather, avalanche danger, poor conditions and in cases of force majeure, it is possible that a course will be changed, cancelled or postponed. This will be decided by the head of the organisation of the relevant course or the board of the NSAC. If a course is cancelled, the participants have the right to reclaim any payments they have already made that have not yet been dispensed on the course.
5. Obligations of the participant
5.1. The participant is required to be a member of the NKBV and have adequate insurance for mountaineering sports during the NSAC Winter Programme. Additionally, it is highly recommended that the participant also takes out travel insurance that covers cancellation.
5.2. The participant is obliged to follow all instructions from instructors/guides hired by the NSAC to guarantee their own safety and that of other participants.
5.3. The participant is obliged to inform the WP Committee of any personal circumstances that could impact their participation in the course. This includes specifically medical and stamina-related conditions, both mentally and physically. This information will be relayed to your Alpine Instructor for the participant’s safety, so the Instructor can act appropriately in case of an emergency.
5.3. Any participant who causes trouble or problems in such a way that hinders the course strongly, who compromises their own safety or the safety of others or who acts disrespectfully towards nature and the environment, will be excluded from further participation in the course. Any costs incurred by the NSAC, guide, instructor or the participant themselves as a result of their behaviour will be on the account of the relevant participant(s).
6. Rights of the NSAC
6.1. The NSAC, or the instructor(s) or guide(s) deployed by the NSAC has (have) the right to exclude a participant from (further) participation if the participant does not or has not fulfilled the obligations stated in article 5. The resulting costs are for the account of the participant in question.
6.2. The NSAC reserves the right to use photographic or other recordings made during the course for promotional purposes.
7. Liability of the NSAC
7.1. Participating in courses of the NSAC is at the participant’s own risk. Alpinism is a sport of safety management and does pose a lot of risks and poses significant and inherent risk. With the exception of cases of clear malintent or willful neglect, the NSAC is not liable for any damage incurred by the participant during these courses or as a consequence of having taken these courses, unless and to the extent that legal exclusion is not permitted.
7.2. The NSAC or SAC is only liable for damage due to absence of material that should have been provided as per the NSAC packing list as published on the website, or due to malfunctioning of the supplied material, provided it was being used correctly as would be testified to by the Alpine Instructor or guide present.
7.3. The NSAC takes no responsibility for any damage caused by:
- Any circumstances caused by the participant: insufficient stamina, problems with personal (mental) health, insufficient or inadequate personal equipment and/or irresponsible behaviour (including: overestimating one’s own capabilities and ignoring instructions).
- A participant registering for the wrong type or level of course, either intentionally or unintentionally.
- Actions or influences of third parties that are not part of the Agreement; any circumstances that are not to blame on the NSAC and which can not be blamed on the NSAC by law or any current moral standards.
- The NSAC is not liable for damage or any other disadvantage caused by an act or omission of the participant himself.
7.4. The NSAC is not responsible for any damages for which the liability lies with one of the insurances mentioned in article 5.1. This includes both the mandatory mountaineering sports and the optional but recommended travel- and cancellation insurance.
7.5. In case the NSAC organised a course with significant shortcomings,the NSAC can only be held liable for an amount to the maximum of the course fee of the relevant course.
7.6. All aforementioned exclusions and restrictions to the liability also apply to the instructors hired by the NSAC.
7.7. In case damage is incurred for which the NSAC is responsible, the damages will not exceed the costs covered by the NSAC’s liability insurance, plus the NSAC’s deductible from this insurance.
- The NSAC does not carry any responsibility for damage or loss of personal properties.
- Participants are responsible for any damage or loss of properties of the NSAC, individual SACs and the accommodation of residence, except for cases described in chapter 5 of the “NSAC Financiële Richtlijn”
7.8 The participants are fully responsible for damage to and/or loss of property of the NSAC and SAC and/or the accommodation where they are staying.
8. The NSAC is not liable for:
8.1. Circumstances that can be attributed to the participants. Inadequate health or condition, inadequate personal equipment, incorrect actions or inaction, overestimation of one’s own abilities or ignoring instructions.
8.2. Consciously or unconsciously allowing oneself to be classified in an incorrect course category.
8.3. Failure to comply with one or more safety regulations. Failure to comply with one or more safety instruction issued by the NSAC or any Qualified instructor.
8.4. Actions and influences of third parties not directly involved in the agreement.
8.5. The participants are expected to take out appropriate travel, accident and cancellation insurance. The NSAC accepts no liability for damage for which a claim exists or must be deemed to exist under the insurances mentioned in the previous sentence.
8.6. During the courses, the NSAC accepts no liability for loss or damage to the personal belongings of the participants.
8.7. If the NSAC is attributable to a shortcoming in organizing a course, a claim for reimbursement of the course fee exists.
8.8. All exclusions and limitations of liability apply equally to instructors deployed by the NSAC.
8.9. If, during an NSAC course, a circumstance unexpectedly occurs that leads to liability on the part of the NSAC, that liability will be limited to the insured amount(s) to which the NSAC liability insurance gives claim, increased by the deductible that the NSAC bears under this insurance.
9. Complaints
9.1. Complaints during the course
Most complaints can be dealt with during the course itself. Participants should make any complaints about the progress of the course known to the Alpine Instructor and/or guide present. If no leadership is present or if the complaint is not satisfactorily resolved, the participant should contact the NSAC at the earliest opportunity (this can be done via wp@nsac.alpenclub.nl)
9.2. Complaints after the course
If the complaint has not been dealt with satisfactorily on site, the participant may submit the complaint In Writing to the WP Committee via wp@nsac.alpenclub.nl within two months after the termination of the course at the latest, stating reasons. Failure to file the complaint with the NSAC within this time frame will result in a forfeiture of rights, unless this is unreasonable in view of the circumstances of the case.
9.3. Response NSAC
The NSAC is obliged to provide a reasoned response within one month of receipt of the complaint.