GENERAL TERMS OF DELIVERY REGARDING SKI AREA SERVICES

Suomen Hiihtokeskusyhdistys r.y. (the Finnish Ski Area Association, FSAA) (hereinafter referred to as “SHKY”) and the Consumer Ombudsman have agreed upon the following Terms of Delivery regarding Lift and Slope Services at Ski Areas. These terms of delivery were updated on 8 December 2009.

1. APPLICATION OF TERMS OF DELIVERY

1.1 These terms of delivery apply to the offering, purchasing, implementation, and use of, as well as to settling any disagreements rising out of or in connection with, the services provided by SHKY ski resorts to customers. These terms of delivery do not apply to ski routes outside the areas of responsibility of the ski resorts or to skiing in the woods.

1.2 The ski area services pursuant to these terms of delivery are provided, for example, in the following locations:

a. ticket offices;

b. ski slopes;

c. upward tracks and related buildings (hereinafter ”ski lifts”);

d. first-snow tracks and sledge runs prepared with snowmaking systems, skating rinks, and other areas reserved for snow sport services (hereinafter “other service areas”).

1.3 These terms of delivery do not apply to restaurants, camping areas (caravan services), or accommodation.

1.4 Equipment rental and ski school services are subject to their own terms of delivery, which can be found at the websites of SHKY and the Finnish Customer Agency (www.ski.fi and www.kuluttajavirasto.fi).

2. GENERAL CONDITIONS

2.1 The ski lifts shall meet the applicable safety requirements and be controlled and approved by the relevant authorities.

2.2 Ski slopes and other service areas shall be easily noticeable or clearly marked and signposted. They shall be in satisfactory condition with regard to weather conditions and terrain. The ski area personnel have the right, but not the obligation, to carry out slope maintenance operations during lift operation hours.

2.3 The ski area personnel have the right to open or close the ski area, ski lift, ski slope, or other service area on the basis of snow/weather conditions or the number of users of the ski area services. In such situations, the customer rights to compensation shall be governed by Article 6 of these terms of delivery.

2.4 Skiing/snowboarding on the slopes and the use of ski area services shall take place at the customer’s own risk or at their guardian’s risk. The customer shall act in the ski area in a way that will not endanger themselves or other users of the ski area. Before customers start to use any ski area service, they shall assess whether they have the required competence to use the service. They shall also be familiar with the ski slope regulations, especially those related to skiing.

2.5 The customer is also responsible for the appropriate condition of their equipment and for the correct adjustment of the bindings of their equipment.

2.6 When using ski area services and spending time within the ski area, the customer shall comply with these terms of delivery. The ski resort shall publicly announce – on information boards, at ski lifts and in other service areas – any restrictions regarding the use of service areas, and clearly mark any potentially dangerous places. The signposts may also contain symbols that have been generally approved for this purpose. It is compulsory to obey signposts and markings.

2.7 The customer shall follow the instructions of the ski area staff regarding the proper use of the slopes, other service areas, and equipment, as well as regarding safe clothing and the manner in which the customer uses a ski tow or chair lift. Through customer guidance, the staff aims to reduce the risk of accidents and avoid operation breaks.

2.8 The ski area staff has the right to prevent the customer from using the ski area services if the customer fails to comply with these terms of delivery and the instructions given by the personnel, or if they endanger public safety, disturb public order, or show disorderly conduct.

2.9 If the customer stains or causes damage to any ski area equipment or machinery, they shall compensate for the damage.

2.10 If a lift or a slope does not meet the above-mentioned safety requirements, the ski resort is liable to the customer for any non-self-inflicted damage to the customer or their property.

3. LOST PROPERTY

3.1 If the customer finds an item lost by another customer in the ski resort service area, they shall take it immediately to the ski resort staff.

4. PRICES OF SERVICES, INFORMATION ON LIFTS AND SLOPES

4.1 The ski resort shall publish a price list of ski area services or otherwise provide information on the prices. The price list or other information shall clearly specify the prices for each kind of ticket and the validity thereof.

4.2 The ski resort shall specify, in a price list or brochure, the location and number of lifts, slopes and other service areas, their type, and degree of difficulty. The difficulty shall be indicated in accordance with internationally approved standards.

4.3 The price list and brochure shall include the official name, address, and phone number of the ski resort.

5. VALIDITY OF SKI LIFT PASSES AND OTHER SKI SERVICES TICKETS

5.1 The ski resort has the right to sell various kinds of ski lift passes and other kinds of tickets mentioned in the price list (hereinafter “tickets”). An agreement is considered to be made when the offer is accepted and a payment is made or a financial obligation is signed.

5.2 The tickets shall be valid during the opening hours of the ski area as indicated in the price list. The ski resort has the right to extend the period of validity at its own discretion.

5.3 The primary ski lift passes used at ski areas are as follows:

• One Ride
• Valid for one ascent during the season in which the ski pass is purchased, or during a period of time determined by the ski area.
• Series Ticket
• Valid for a certain number of rides. If the ticket shows the date of purchase and the ticket is used during the following season, the ski area has the right to ask the customer using the ticket to pay an additional fee so that the total price paid for the ticket shall equate the new price level. Series tickets are transferable.
• Hourly Ski Pass, Morning, Afternoon or Evening Pass
• Entitle their owner to use ski lift services during the period of validity specified on the ski pass.
• Day Pass, 2- to 6-Day Pass
• Entitle their owner to use ski lift services during the day or days specified on the ski pass. The validity of the pass for evening use (“night skiing”) shall be indicated in the price list.
• Weekly Pass
• Entitles its owner to use ski lift services for seven (7) days.
• Season Pass
• Entitles its owner to use ski lift services for the season specified on the pass. The exact starting and finishing dates of the season are not determined on the pass.
• Company Pass
• Entitles its owner to use ski lift services for the season specified on the pass. The company pass can be used by the persons specified in advance by the company or those staying in a lodge owned by the company, as notified separately by the company.

5.4 In addition, a ski resort may use an area/site pass that entitles its owner to use the services of the areas/sites specified on the ticket during its period of validity as marked on the ticket.

5.5 The validity of the passes mentioned in Subsections 5.3 and 5.4 may also be indicated by a bar code. The customer has the right to check the validity of the pass by consulting a ski area staff member.

5.6 If not specified otherwise, lift passes are non-transferable. They may not be transferred to other persons. In case of improper lift pass use, the staff has the right to invalidate the pass and take it away from the person using it.

5.7 The user of a ski pass must be able to prove their right of use. The ticket shall always be carried when using the ski lift services and it shall be presented without request when entering a lift. The ski area staff has the right to perform checks on ski pass validity within the ski resort services area.

5.8 The ski resort has the right to initiate legal action to cover losses arising from improper use, or to claim compensation from customers amounting to no more than double the ticket price, immediately after detecting improper ski pass use.

6. CUSTOMER’S RIGHT TO COMPENSATION

6.1 A lost ski lift pass shall not be compensated for.

6.2 A ski lift pass invalidated or confiscated by the staff shall not be compensated for.

6.3 If the customer, of their own free will, discontinues using the services during the period of validity of a ski pass, the time remaining of the validity period shall not be compensated for.

6.4 If the ski pass holder has not been able to use their card because of an illness or accident, and the length of time is at least one third (1/3) of the period of validity, they are entitled to receive compensation. When requested, the ski pass holder must be able to prove their illness or accident by presenting a medical certificate or in another reliable manner.

6.5 If the use of a lift, slope or other service area has been interrupted for a period of time, the ski pass holder is entitled to compensation subject to restrictions specified in Subsections 6.7 and 6.8.

6.6 The compensation shall equate to the remaining unused period of validity. The compensation primarily entails extending the period of validity or granting a voucher for subsequent use for an equally long period of time.

6.7 There shall be no right to compensation:

6.7.1 if the interruption is temporary and brief or is caused by repair or maintenance operations that cannot be postponed due to safety reasons.

6.7.2 if the interruption is caused by reasons that are beyond the control of the staff, such as power failure, excessively strong winds or low temperatures, fog, or any other similar situation that the parties were not aware of at the time of ski pass purchase, or the consequence of which the staff could not prevent.

6.8 The ski area staff has the right to close a lift and/or a slope and/or other service area during the period of validity of a pass for the reasons specified herein. The ski pass holder shall not be entitled to receive compensation if, despite the closing of slope sections and/or lifts and/or other service areas, the ski area is still able to offer – based on objective judgement – a sufficient amount of other lifts, slopes, and service areas. The customer shall be informed at the time of purchase of any out-of-the-ordinary situation regarding the number of lifts and slopes and the opening hours of the other service areas.

6.9 If the ski area cannot offer – based on objective judgment – a sufficient number of other lifts, slopes and other service areas due to reasons specified in Subsection 6.7, the ski pass holder shall be entitled to receive compensation if the period of interruption is longer than one third (1/3) of the period of validity of the ski pass.

6.10 If the customer has paid for a season pass, the minimum period of time for a ski resort to be open is calculated by dividing the price of the season pass with the price of a one-day pass. For the days falling short of this minimum number of days, the customer has the right for a similar proportional compensation for the season ticket they have paid for.

6.11 Except for the aforementioned compensation, the ski resort shall not be liable to pay any other kind of compensation for any inconvenience or expenses arising from partial or total interruption to ski area services, unless the interruption is caused by negligence on part of the ski area.

7. INSURANCE

7.1 Ski areas that are members of SHKY shall have a liability insurance that will compensate the customer for any damage verifiably caused by the negligence of the ski area.

7.2 The ski area has no obligation to take out any insurance that covers any self-inflicted injuries of customers. Any accident insurance possibly included in the ski pass, or its validity, shall be specifically notified.

7.3 The customer shall ensure that they have a valid insurance before entering the service area of a ski resort.

8. PRESENTING OF CLAIMS

8.1 Any claims regarding the services of a ski area must be presented to the ski area staff. The claims may be made in writing or orally. Claims regarding compensation, as presented in Section 6, must be presented no later than 24 hours following the end of the respective ski pass validity period, unless there are specific reasons for extending the time limit for presenting the claims.

8.2 Other claims shall be presented within a reasonable period of time following the event or accident from which the claim arises.

9. CHANGES TO TERMS OF DELIVERY

9.1 The ski area has the right to make modifications or amendments to the Terms of Delivery and fees even during a season if the reason for such changes is new or amended legislation, an order by the authorities, or an unforeseeable change in the circumstances (an exceptional natural event, international crisis or major accident).

9.2 The customer shall be informed of the Terms of Delivery and any changes there to at the locations where the ski area services are being sold.

10. DISPUTES

10.1 Any dispute that may arise shall first and foremost be settled through negotiations between the customer and the ski school. In case no settlement can be found regarding a claim, the customer can leave the matter to be solved by the Finnish Consumer Complaint Board, or take legal action at the customer’s local district court. In case the ski school takes legal action, this shall be executed at the local district court of the customer.

Terms of Delivery – Ski School Services

Suomen Hiihtokeskusyhdistys r.y. (the Finnish Ski Area Association, FSAA; hereinafter referred to as “SHKY”) and the Consumer Ombudsman have agreed upon the following Terms of Delivery regarding Downhill Skiing Services.

1. APPLICATION OF TERMS OF DELIVERY

1.1 These Terms of Delivery shall apply to the following: the customers of ski school services at SHKY member resorts, ski schools providing ski school services, and the ski school personnel. The terms of delivery shall apply to the arrangement and execution of instruction in different winter sports, such as alpine skiing, cross-country skiing, telemark skiing, and snowboarding.

2. GENERAL STIPULATIONS

2.1 The ski school shall be responsible for ensuring that the ski instructors possess adequate training and skills for the winter sports instruction tasks that are assigned to them.

2.2 The customer shall have the right to be informed in advance of the content and equipment requirements of their instruction session.

2.3 The customer shall be responsible for the condition and suitability of their equipment when participating in an instruction session or course.

2.4 The ski school shall have the right to cancel an instruction session in the case that it can be stated by ski school personnel that the customer’s equipment is inadequate, e.g. regarding its condition, to safely enable the customer to attend an instruction session.

2.5 The customer attends the instruction session at their own risk. The ski school or the ski instructor shall be in possession of liability insurance that compensates the customer for damage that is verifiably caused by an error or negligence of the ski instructor.

2.6 The ski school is under no obligation to obtain insurance covering any kind of self-inflicted injuries by customers.

2.7 A winter sport instruction session can be agreed upon orally, in writing, or by electronic means of communication. If required, individually tailor-made special courses can be agreed upon by means of a written contract, which shall include:

2.7.1 Name of the organising ski school, its business ID, and contact information;

2.7.2 Names, ages, and addresses of attending customers;

2.7.3 Course scope, duration, and attendance fee;

2.7.4 In the case of groups, a group contract can be negotiated. The group contract shall be signed by the group leader on behalf of the group.

2.8 The payment of the ski school course fee shall be made in connection with the customer checking in for the course/session, at the latest. The ski school has the right to require a reservation fee for courses with a duration lasting more than one day. The full reservation fee shall be refunded to the customer upon the final payment of the course fee. The amount of the reservation fee shall be no greater than 50% of the total course price.

2.9 The fee of a single instruction session shall be paid in connection with the enrolment, or in advance if so desired by the customer.

3. CANCELLATIONS AND DISCONTINUANCE

3.1 The customer is responsible for being ready on time at the specified course/session starting point, with all the required equipment adequately set up.

3.2 In case the customer cancels their course, a minimum of fourteen (14) days before the course start date, the reservation fee shall be reimbursed in full to the customer.

3.3 In the case of a cancellation performed no earlier than fourteen (14) days, and no later than twenty-four (24) hours before the course beginning, the ski school shall have the right to withhold 50% of the prepaid reservation fee.

3.4 In case cancellation is made later than twenty-four (24) hours before the start of the course, or if the customer fails to arrive on time at the starting point of the course, and when the customer’s absence is not due to the customer’s illness, the ski school shall be under no obligation to reimburse the prepaid reservation fees. In this case, the ski school shall also have the right to charge the course fee in full.

3.5 If a course is cancelled by the ski school due to the pre-announced minimum number of course attendants not having been reached, or due to the winter sports instructor’s illness, and if it is not possible for the ski school to arrange for a substitute, the ski school shall refund the reservation/course fee paid by the customer, or compensate for the course by means of offering another corresponding course if so agreed upon by the parties.

3.6 In case the course is cancelled or discontinued due to a customer’s illness, the course can be, either wholly or partially, compensated for by offering a corresponding course or part of such a course if so agreed upon by the parties. In case a corresponding course or a part of such a course cannot be arranged by the ski school, the customer shall have the right to receive compensation of one third (1/3) of the value of the remaining missed part of course.

3.7 In case the customer falls ill before the course, and therefore, causing the minimum number of course attendants to not be reached, and provided that the missing place on the course can be filled before the start of the course, the customer shall have the right to compensation amounting to the prepaid reservation fee with the costs incurred by reselling the missing place deducted. If required, the illness shall be certified by means of a doctor’s certificate or other corresponding reliable statement.

3.8 In case a course is cancelled or discontinued due to reasons that are independent of the ski school, such as power failure, excessively strong wind, excessively low temperatures, fog, or any other corresponding circumstance that could not be anticipated at the beginning of, or during, the course, the ski school shall do its best to compensate for the missed course days by offering teaching sessions of a corresponding instructional content. In case no such compensatory course, or part of such, can be offered to the customer in an appropriate manner, the customer shall have the right to compensation.

4. PRESENTATION OF CLAIMS

4.1 Any claims regarding ski school services shall be presented directly to the ski school. Claims can be presented either orally or in writing within a reasonable time, but no later than 15 June after the ski season referred to in the claim, unless there is a valid reason for extending the period for presenting claims.

5. TERMS OF DELIVERY REGARDING SKI AREA SERVICES

5.1 The terms of delivery for ski area services also apply to ski instruction activities, in which the customer shall also comply with the terms of delivery for ski area services when using ski school services.

6. SETTLEMENT OF DISPUTES

6.1 Any dispute that may arise shall first and foremost be settled through negotiations between the customer and the ski school. In case no settlement can be found regarding a claim, the customer can leave the matter to be solved by the Finnish Consumer Complaint Board, or take legal action at the customer’s local district court. In case the ski school takes legal action, this shall be executed at the local district court of the customer.

6.2 These terms of delivery were agreed upon between the Finnish Consumer Ombudsman and SHKY on 30 June 2004, and were checked on 8 December 2009.

Terms of Delivery – Rental Services

Suomen Hiihtokeskusyhdistys r.y. (the Finnish Ski Area Association, FSAA; hereinafter referred to as “SHKY”) and the Consumer Ombudsman have agreed upon the following Terms of Delivery regarding Downhill Skiing Services.

1. APPLICATION OF TERMS OF DELIVERY

1.1 These Terms of Delivery shall apply to the following: the customers of rental services at resorts that are members of SHKY, and the rental personnel.

2. RESPONSIBILITIES OF THE RENTAL SERVICE PROVIDER

2.1 The rental service provider shall ensure that the equipment to be rented is in good condition and that the adjustment of the bindings is carried out correctly.

2.2 The rental service provider shall not be responsible for any damage that has been caused by a factor or event which is beyond the control of the rental service provider, or that the rental service provider could not reasonably take into account while carrying out its rental operations.

2.3 The rental service provider shall:

2.3.1 Mount the bindings in accordance with the brand-specific instructions of the equipment importer or representative.

2.3.2 Adjust the bindings based on the information given by the client and in accordance with the brand-specific instructions given by the importer or representative.

3. RENTAL AGREEMENT

3.1 A rental agreement shall be made in writing, including, at least, the following information:

3.1.1 Name of rental service provider, the ski area and respective contact information;

3.1.2 Renter’s name, the end part of the renter’s ID, their address and phone number;

3.1.3 Rented equipment specification;

3.1.4 Binding settings (based on information given by the customer);

3.1.5 Possible defects and faults of rented equipment;

3.1.6 Renter’s weight and skill level for binding adjustment;

3.1.7 Rental time period

3.1.8 Rental fee;

3.1.9 Signatures of the rental service provider and the renter;

3.1.10 Reference to applicable general terms of delivery.

3.2 For groups, a single rental contract can be drawn-up covering the whole group. The agreement shall include, at least, the name of the supplier of rental services and that of the ski area along with their contact information, and the name, weight and skill level of each renter. The personal and contact information of the group leader shall be used as the contact information for the group. The group contract shall be signed by the group leader on behalf of the group. The rental time period and fee shall also be indicated in the contract.

4. CHECKING THE RENTER’S ID

4.1 The renter shall authenticate their identity.

4.2 The provider of rental services shall not retain the renter’s ID number after the expiration of the rental contract. The provider of rental services shall not give the customer’s ID number to a third party.

5. USING RENTAL EQUIPMENT

5.1 After signing the rental contract, the renter shall have a personal right to use the rented equipment in slope areas opened and prepared for customer use. The renter shall not hand over the rented equipment to be used by a third party; neither shall the renter take the rented equipment outside the ski resort area, unless otherwise agreed upon.

6. RESPONSIBILITIES OF THE RENTER AND RENTAL SERVICE PROVIDER

6.1 The renter shall provide the required information for bindings adjustment (weight and skill level).

6.2 The renter is responsible for providing valid information.

6.3 The renter is responsible for handling the rented equipment in an appropriate manner and in a way that avoids equipment loss or damage.

6.4 The renter shall not make any changes to the binding adjustments made at the rental shop. In case the binding settings need adjustment, this shall be carried out by the ski rental personnel. Any changes to the binding adjustments shall be reported in the rental contract.

6.5 No markings shall be made to the rental equipment, nor shall any parts thereof be removed or loosened.

6.6 In the event that the rental equipment needs to be repaired, the renter shall bring the equipment to the rental shop to be repaired.

6.7 The supplier of rental services shall be responsible for appropriate adjustment of bindings according to the information provided by the customer.

6.8 The supplier of rental services shall be responsible for making sure that rental helmets meet the necessary requirements on personal safety devices according to the decisions of the Council of State.

7. MEASURES TO BE TAKEN IN THE EVENT OF EQUIPMENT FAULT, DAMAGE AND THEFT

7.1 The customer of rental services shall inform the rental shop without delay of any incidents of equipment loss, damage or fault.

7.2 Any cases of theft shall be reported to the police by the renter.

8. RENTER’S LIABILITY FOR DAMAGES

8.1 The renter is liable to pay compensation for lost or damaged rental equipment, the amount of compensation being the current value of the lost equipment or of the damage caused, unless the renter can establish that they have taken adequate care of the rental equipment.

8.2 The supplier of rental services shall inform the renter of any damage detected when visually checking the equipment in connection with equipment return. The renter shall be liable to pay for damages as indicated below:

8.2.1 Repair expenses for damaged equipment according to equipment service price list;

8.2.2 Current value of lost equipment or on equipment or a part of it that cannot be repaired.

8.2.3 The renter shall not be liable to pay any compensation for normal wear and tear.

9. PAYMENT OF RENTAL FEE

9.1 The rental fee shall be paid in connection with the acquisition of rental equipment or when returning the equipment.

9.2 The rental fee shall be based on rental time or on a fee agreed upon in advance, as given in the price list and stated in the rental contract.

10. RETURNING EQUIPMENT

10.1 The equipment shall be returned at the end of the rental period at the latest.

10.2 In case the renter wishes to extend the rental period, this shall be agreed upon with the supplier of rental services before the expiration of the rental period.

10.3 In case the renter returns the equipment after the expiration of the rental time, or in the event the renter fails to return the equipment altogether, the supplier of rental services shall have the right to require a payment of an additional rental fee up to the point when the equipment is returned or found.

11. LIABILITY FOR DAMAGE INFLICTED ON THE RENTER OR A THIRD PARTY

11.1 With their signature, the renter confirms they are aware of the risks involved in practicing the related sport and using rented equipment.

11.2 When the rental equipment is used appropriately for the intended purpose, the supplier of rental services shall be liable for damages inflicted on the renter or a third party, if:

11.2.1 the damage has been caused by the actions of the supplier of rental services;

11.2.2 The rental equipment has not been appropriately adjusted by the supplier of rental services according to the information given by the renter;

11.2.3 The supplier of rental services has given such equipment to the renter that is not suitable for the renter according to the information given by the renter.

11.3 The renter shall otherwise be liable for their actions and for any damage thereby inflicted upon the renter and/or for a third person according to generally applicable principles on damage compensation.

12. SETTLEMENT OF DISPUTES

12.1 Any disputes shall, first and foremost, be settled by negotiations between the customer and the ski rental firm. If the customer and the supplier of rental services fail to reach a mutual agreement regarding a claim, the customer may refer the matter to the Consumer Complaint Board for settlement, or take proceedings at the district court of the customer’s home region. In the event the ski area services provider takes legal action, the place of jurisdiction shall be the district court of the customer’s home region.

12.2 These terms of delivery were agreed upon between the Finnish Consumer Ombudsman and SHKY on 30 June 2004, and were checked on 8 December 2009.