Conditions of Carriage – LEITNER CD6C Malá Franková chairlift

Suspended passenger six-seat single-cable circulating ropeway with detachable carriers and cover

Type: CD6C

Bachledova dolina – Malá Franková

Valid from: 13.11.2024

Records of amendments to the Conditions of Carriage

(the employee to whom this copy has been assigned is responsible for incorporating amendments into the text in a timely manner).

ARTICLE I.
General provisions.

§ 1

1. BACHLEDKA SKI & SUN s.r.o., as the operator of transport on the ropeway (carrier) pursuant to Section 7 of Act No. 514/2009 Coll. of the National Council of the Slovak Republic on Transport on Railways, and Section 65 of Decree of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic No. 351/2009 Coll. on the Transport Rules for Railways, issues these Conditions of Carriage (hereinafter referred to as PPOR) for the suspended six-seat passenger single-cable circulating ropeway with detachable carriers, type CD6C, Bachledova dolina – Malá Franková.

2. BACHLEDKA SKI & SUN s.r.o. is the operator of the ropeway in question and is responsible for fulfilling the obligations arising from the applicable generally binding legal regulations governing ropeway operators.

§ 2

1. The Conditions of Carriage (hereinafter PPOR) regulate the details of transport on the ropeway when transporting persons, animals and items.

2. They regulate in detail the relationships arising during the transport of persons, animals and items between the carrier and the parties to the transport on the ropeway, except for financial relations governed by tariffs.

3. When transport on the ropeway is carried out at a special request in a state of emergency, the provisions of these PPOR shall apply only if this has been agreed between the applicant and the carrier.

§ 3

1. Employees of the carrier who are entrusted with supervising transport operations (authorised staff) may issue passengers with instructions and orders necessary to ensure the safety and smooth operation of transport on the ropeway. These particularly concern the positioning of passengers in the seats (carriers), the clearing or leaving of station areas within the ropeway’s perimeter, the acceptance of baggage for transport and its proper storage, maintaining peace and order within the ropeway’s perimeter, in the stations and in the carriers.

2. Employees of the carrier may also carry out activities ensuring and checking compliance with the transport and tariff conditions, as well as verifying passengers’ identities.

3. Employees of the carrier authorised to issue instructions under paragraphs 1 and 2 are identified by the carrier’s insignia.

ARTICLE II.
Transport of persons, animals and items.

§ 4

1. A passenger who has fulfilled the conditions laid down by the PPOR and the ropeway tariff is entitled to transport.

2. Through responsible discipline, compliance with the PPOR and other regulations related to the transport of persons, and compliance with the carrier’s instructions, passengers are obliged to contribute to the order, safety and smooth operation of transport on the ropeway.

3. Transport on the ropeway is a so-called seasonal winter operation, from 1 November to 15 April, from 07.00 to 17.00, except for the time allocated for carrying out prescribed procedures, maintenance, repairs and testing of the ropeway equipment.

4. The operator of the ropeway – the carrier – shall inform the travelling public of the suspension of ropeway operations and transport on the ropeway due to prescribed maintenance, repairs and testing of the ropeway equipment at least 7 days in advance by notices displayed in publicly accessible places at the stations, or by publishing the information through mass media.

§ 5
Timetables.

The precise times for the provision of transport on the ropeway are set out in the timetable issued by the carrier pursuant to Section 30(2)(b) of Act No. 513/2009 Coll. on Railways and Sections 62 and 86 to 88 of Decree of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic No. 351/2009 Coll. on the Transport Rules for Railways.

§ 6
Right to transport.

1. A person who has fulfilled the conditions laid down by these Conditions of Carriage and the tariff is entitled to be transported safely and on time by the carrier to the destination station in accordance with the timetable.

§ 7
Provision of transport

1. Regular transport (a ride) shall not take place if no passenger applies for transport.

2. In the event of increased passenger demand, transport on the ropeway may be provided outside the time interval of regular operations, including at a time not specified in the timetable.

3. If the operational condition of the ropeway or other serious circumstances make it impossible to provide further transport on the ropeway, the carrier shall ensure that passengers are informed of the restriction of transport, a change to the timetable or a complete suspension of transport on the ropeway (the provisions of Section 4(4) shall apply to passenger information, except for the 7-day advance notification period).

4. When transporting passengers, a carrier (seat) may be occupied by a maximum of 6 adults.

5. In the uphill direction, passengers may be transported:

a. with skis on their feet, provided that the unloading area at the return station is adapted for safe unloading on skis (100% capacity)

b. without skis

6. In the downhill direction, only passengers without skis on their feet may be transported (50% capacity)

7. A child under 10 years of age may not be transported on a seat independently, but only accompanied by (in the presence of) an adult.

§ 8
Priority transport

1. The following persons are entitled to priority transport:

a. Employees of the ropeway

b. Employees of the mountain rescue service or other rescue services who are on duty, their assistants and persons carrying out rescue operations, persons who have suffered an injury – “rescued persons” (Act of the National Council of the Slovak Republic No. 544/2002, Section 8(2))

c. Persons entrusted with supervision or persons from the relevant supervisory authorities,

d. Persons with physical or health disabilities,

e. Persons specially designated or otherwise identified following a special agreement with, or approval by, the responsible manager of the carrier,

§ 9
Transport of persons with physical disabilities (persons with reduced mobility)

1. The technical design of the ropeway equipment enables the easy transport of persons with physical disabilities in wheelchairs.

2. If transport is requested for such a person who uses a wheelchair, the person concerned or the person accompanying them must notify the relevant employee of the carrier of their request to travel on the ropeway and ask for assistance with transporting them on the ropeway.

3. Based on a request pursuant to paragraph 2, the carrier shall provide assistance when boarding and alighting for a passenger with a physical disability. Such a passenger must arrange their own arrival at the boarding area (with their own escort).

4. When transporting a passenger pursuant to paragraph 1, station operating staff shall assist such passenger when boarding and alighting from the chair.

5. Passengers pursuant to paragraph 1 may board and alight only when the carriage (chair) is stationary at the station.

§ 10
Exclusion of persons from carriage

1. The following persons are not entitled to carriage or may be excluded from carriage by the carrier:

a. Persons showing signs of excessive consumption of alcoholic beverages, narcotic or psychotropic substances, and persons who, due to illness, excessive soiling of their outer clothing or for other reasons, may inconvenience or otherwise negatively affect fellow passengers, or may adversely affect the safety of passenger transport.

b. Persons who fail to comply with the conditions of carriage or with the instructions and orders of the carrier’s authorised employees, whose behaviour inconveniences other passengers or otherwise disrupts the safe and comfortable transport of passengers.

c. Persons without a valid travel ticket who cannot prove that they have paid the fare according to the tariff.

d. Persons with baggage or a domestic animal if these constitute an obstacle to the safe, peaceful and comfortable transport of passengers or if they endanger passengers’ health.

2. The charge for a passenger’s failure to present a valid travel ticket (in the event of an inspection, including after alighting from the chair) is 10 times the basic fare, without surcharges or discounts.

§ 11
Transport of baggage

1. A passenger is entitled to take light, portable baggage weighing up to 5 kg onto the chair free of charge (small items that can be held on one’s lap or in one’s hand as needed are not considered baggage). One pair of skis with poles.

2. The transport of live animals on the chair is permitted only if the specific conditions laid down for their transport are met (§ 15).

3. The transport of firearms is permitted only for a passenger who presents a valid authorisation to carry the respective firearm. During its transport, the passenger must comply with the relevant special regulations.

4. Persons authorised to carry firearms may take with them, together with the firearm, an appropriate quantity of ammunition, which must be stored in cartridge belts, hunting pouches or similar containers intended for this purpose.

5. The transport of larger amounts of baggage and other items shall be carried out separately (e.g. separately on a chair or assembly carriage), provided that their transport is possible with regard to their dimensions and weight, the technical parameters of the carriages and other LD equipment. Such transport shall be subject to a special tariff determined by the carrier.

§ 12
Exclusion of baggage and items from carriage

1. The following may not be taken onto the chair or transported:

a. Items whose transport is prohibited by generally binding legislation or by measures issued by the relevant state administration authorities.

b. Dangerous substances and items which, due to their properties, may cause an explosion, fire, damage to LD equipment, injury or harm to the health of passengers or other persons, poisoning, burns, chemical burns or illness in people or animals.

c. Loaded firearms,

d. Items that may cause or contribute to the soiling or damage of the chair seat,

e. Items which, due to their appearance or properties (e.g. odour, rotting, etc.), may inconvenience passengers or otherwise make transport unpleasant for them.

§ 13
Liability for the transport of baggage

1. The carrier shall not be liable for the loss of baggage or items transported together with the passenger (including skis and other ski equipment).

2. The carrier shall be liable, pursuant to the relevant provisions of the Civil Code, for damage incurred by a passenger during transport to baggage transported together with them or to items in their possession.

§ 14
Inspection of baggage

1. If an authorised employee of the carrier has doubts as to whether items that a passenger wishes to take onto the chair comply with the established requirements (§ 11, § 12), they are entitled to verify their contents and nature in the passenger’s presence. If the passenger refuses to have the baggage inspected, or if the inspection reveals that the contents of the baggage or other items are excluded from carriage under the provisions of these PPOR, the carrier is entitled not to transport such baggage, items or animals on LD. The passenger must remove such baggage from the chair.

2. An authorised employee of the carrier is entitled to exclude from carriage baggage or another item that a passenger wishes to transport if it may obstruct the safe, undisturbed and comfortable transport of other passengers, endanger passengers’ health, or if this is not permitted by the technical parameters or capacity of the carriage.

§ 15
Transport of animals

1. A passenger may take small domestic or other small animals onto the chair (as baggage), provided that this is not prohibited by special regulations and that the animals are enclosed in cages, baskets or other suitable portable containers with a leakproof bottom. The provisions on the transport of baggage apply to the transport of containers with animals.

2. Without a container, only a domestic dog may be taken onto the chair. The following conditions apply to the transport of domestic dogs without a container:

a. A passenger may board with a dog only with the consent of the carrier’s employee on duty at the station,

b. The dog must wear a secure muzzle,

c. The dog must not be ill, dirty or aggressive,

d. The dog must be secured and held by its owner so that it cannot suddenly jump out or otherwise suddenly have a negative impact on transport safety,

e. Only one dog may be transported on a chair at any one time; this restriction does not apply, for example, to two dogs brought by the same passenger,

f. No other passenger besides the dog’s owner may be transported on a chair on which a dog is being transported under the above conditions.

3. An authorised employee of the carrier may decide to exclude a domestic or other animal from transport if it may hinder the safe, uninterrupted and comfortable transport of passengers, endanger the health of passengers or if the conditions of carriage do not permit it (e.g. seat capacity).

4. By means of local regulations, the carrier may completely exclude the transport of live animals for a temporary period. This authorisation of the carrier does not apply to service dogs of the Mountain Rescue Service, the armed forces and security forces, or to guide dogs accompanying, for example, visually impaired persons.

§ 16
Carrier's obligations

1. The carrier is obliged to provide passenger transport on the cableway with due professional care. During transport, it is obliged to ensure the safety of the transport of passengers, animals and property.

2. The carrier is obliged to publish the fare, provide passengers with information related to transport on the cableway upon request, publish an extract from the Conditions of Carriage at the stations and make the Conditions of Carriage available for inspection upon request.

3. Vehicles used for passenger transport must be in proper technical condition corresponding to their approved technical fitness. The seating areas of the chairlifts must be kept properly clean.

4. To operate transport on the railway in accordance with the rules for operating transport on the railway, the licence, the operating regulations and POUS.

5. To stop the operation of a railway vehicle that threatens the safety and health of persons, the safety of property or the environment beyond an acceptable level.

6. To equip and identify, in the prescribed manner, its employees who are authorised to give passengers, consignors and consignees instructions to maintain the safety and smooth operation of transport on the railway.

7. To operate transport on the cableway in accordance with the timetable and fare.

8. To inform passengers about the transport services provided and the prices of the services provided.

§ 17
Obligations of the cableway operator

1. To equip and identify, in the prescribed manner, its employees who are authorised to give passengers, consignors and consignees instructions to maintain the safety and smooth operation of transport on the railway.

2. To mark areas within the railway perimeter that are not accessible to the public.

3. To visibly mark the stations it operates with their names.

4. To provide information to help passengers find their way around the stations and inform passengers about the transport services provided and the prices of the services provided.

5. To publish timetables and any changes to them.

§ 18
Passengers' obligations

1. In the interest of transport safety on the railway, passengers are obliged to exercise caution, comply with the relevant legal and other measures of the carrier, follow the instructions of authorised employees of the cableway operator and the carrier, and respect the warnings and instructions displayed on the installed information boards.

2. A passenger located within the cableway perimeter, in the station areas and vehicles, is obliged to follow the instructions and orders of an authorised employee of the cableway operator and the carrier aimed at ensuring the safety or smooth operation of transport, as well as their personal safety and the safety of other passengers. At the request of an authorised employee of the carrier, the passenger is obliged to prove their identity.

3. A passenger is obliged to behave in such a way as not to disrupt the peaceful, comfortable and safe transport of other passengers, damage the vehicle's equipment or other equipment of the railway operator and the carrier intended for passengers, soil the vehicle or the carrier's premises, or inconvenience passengers and authorised employees of the railway operator and the carrier.

4. Passengers are solely responsible for the proper and safe storage of their baggage and other items before transport.

5. During transport on the cableway, passengers are prohibited from:

a. staying without a valid reason in the boarding, disembarking and station areas

b. leaning out of the seats or swinging

c. opening the folding restraint on the seat

d. throwing any objects from the seat during the ride or allowing items to protrude from the vehicle

e. smoking or using an open flame on the seat or in the boarding, disembarking and station areas

6. Passengers may board and leave the vehicles only in the station areas at designated places.

7. If the cableway stops, passengers are obliged to remain calmly seated on the seat and wait for the ride to continue. Alternatively, they must follow the instructions of the authorised employees of the carrier.

8. After leaving the seat, passengers are obliged to leave the station's disembarking area as soon as possible.

9. A passenger is obliged to pay the fare and, at the request of an authorised employee of the carrier, present a valid ticket (or another document entitling them to transport) for inspection before boarding the cabin and after leaving the seat in the station area.

ARTICLE III
Fares (transport charges)

§ 19

1. The fare sets out the rates of basic fares, surcharges, discounts and other charges related to the transport of passengers, their baggage, animals and items, as well as the conditions under which they apply.

2. The carrier is obliged to ensure that the applicable fares are made available to the travelling public in the station areas at the places designated for the purchase of tickets (ticket offices).

3. A passenger who is not entitled to free transport is obliged to pay the fare set by the fare for an individual ride or for the right to transport during a specific period. If a passenger claims entitlement to a discounted fare, they are obliged to prove this entitlement without being asked.

4. The fare determines which items of baggage the passenger is obliged to pay a transport charge for.

5. Children under 6 years of age are transported free of charge.

§ 20
Entitlement to a fare refund

1. A passenger has the right to request a fare refund if transport on the cableway does not take place due to an interruption or restriction of transport lasting more than 3 hours for the following reasons:

a. a malfunction of the cableway equipment

b. other serious circumstances prevent further transport in accordance with the timetable and require the operation of the cableway to be interrupted or restricted (this does not apply if the passenger had the opportunity to use other mountain transport facilities of the carrier at the Resort).

2. The carrier shall refund the fare only at the request of the passenger, who is obliged to present a valid ticket for the day on which the transport did not take place for the reasons specified in paragraph 1.

3. In the event of partial completion of the passenger’s transport, the fare shall be refunded after deducting the proportional fare for the relevant day.

4. When refunding a proportional amount, the carrier’s responsible employee must make a record of the refund, attaching the valid ticket.

5. In cases other than those arising from the provisions of paragraphs 1 and 3, the fare shall not be refunded.

6. The passenger is also not entitled to a fare refund if the transport does not take place due to adverse weather conditions within the meaning of the relevant provisions of the Operating Regulations, illness of the passenger, loss of the ticket, or if the passenger is no longer interested in the transport (e.g. because they wish to leave the Resort earlier).

§ 21
Ticket

1. A valid ticket constitutes confirmation of the conclusion of a contract for the transport of persons and baggage on the cableway and proof of payment of the fare.

2. The ticket contains, in particular, the carrier’s business name, the type of ticket, its period of validity, the operational scope of validity (cableway + Lift, etc.), and the fare amount.

3. Tickets are single-journey or time-based. A single-journey ticket entitles the passenger to transport on one section or both sections (return) of the cableway route. The validity period of time-based tickets is determined by the tariff.

4. A time-based ticket entitles the holder to transport during the specified period and within the operational scope of validity for which it was issued.

5. A single-journey ticket and a time-based ticket that is not issued in the passenger’s name are transferable.

6. A time-based ticket issued in a passenger’s name is non-transferable.

7. A single-journey ticket must contain information enabling the inspection of its validity and proper use with regard to the nature of the operation.

8. A time-based ticket must contain, in particular, the following information:

- type of time-based ticket

- its period of validity

- operational scope of validity (cableways, Lifts, Resort, etc.)

- ticket price

- name (title) of the ticket holder (if it is a time-based ticket issued in a passenger’s name)

- name of the organisation (carrier) that issued the ticket.

9. The passenger is obliged to carry a valid ticket throughout the entire journey, including when disembarking from the vehicle.

10. A passenger without a valid ticket shall not be allowed to travel.

§ 22
Ticket Office

1. The ticket office must be open at least 10 minutes before the start of the first ride of the cableway during daily operation, or before subsequent rides during the day.

2. The fare amount indicated on the ticket must correspond to the amount paid by the passenger. When receiving the ticket, the passenger is obliged to check personally that it has been issued according to the requested details, particularly whether the fare paid corresponds to the amount indicated on the ticket. The carrier shall not consider any later complaint by the passenger.

§ 23
Ticket Inspection

1. At the request of an authorised employee of the carrier, the passenger is obliged to present the ticket for inspection when boarding and leaving the vehicle, or to prove their entitlement to transport by presenting the relevant document.

2. The carrier is entitled to require a passenger who cannot produce a valid ticket to pay the fare and a surcharge (fine). If the passenger does not wish or is unable to pay the fare and surcharge on the spot, the carrier is entitled to require them to provide the personal details necessary for their recovery.

ARTICLE IV
Accidents and Extraordinary Events during Transport

§ 24

1. In the event of an accident or extraordinary event (EE) on the cableway (see the Operating Regulations), as a result of which further transport will not be possible, or, with regard to the extent and consequences of the EE, will be carried out under an emergency regime, the carrier is obliged to inform the passengers in the vehicles without delay about the situation and the further procedure for transporting them to the stations or evacuating them from the vehicles.

2. Immediately after the occurrence of an EE pursuant to paragraph 1, the head of cableway operations is obliged, if necessary, to take the measures required to provide first aid to affected persons, transport injured persons for professional medical treatment, and prevent any further damage to the health and lives of persons or to property. They are also obliged to take measures to secure any witnesses of the EE and the relevant documentary material.

§ 25
Evacuation of Passengers from Vehicles

1. If, during the transport of passengers, a failure occurs in the cableway equipment to such an extent that it is not possible to continue the journey without carrying out repairs, or a sudden change in weather conditions prevents the journey from being completed, while the cableway has been stopped and passengers remain on the route, the head of cableway operations or their deputy is obliged to decide without delay on the further procedure. After assessing the situation, the head of operations shall decide whether to proceed with the prompt removal of the fault or to carry out the evacuation of passengers. In doing so, they shall take into account the number of passengers on the route, their age and physical fitness (with regard to the scope and labour intensity of the work), the time required to remove the fault, the development of weather conditions, the lateness of the time of day, etc.

2. Once the decision to evacuate passengers from the vehicles has been made, the head of cableway operations or their deputy is obliged to immediately ensure that all passengers remaining on the route are informed. If necessary, they shall ensure that passengers are informed during the evacuation.

3. If the head of operations decides that it is necessary to evacuate passengers, they are obliged to personally organise and manage all related work and activities.

4. Employees of the cableway operator, as well as employees of other organisations contractually bound to provide assistance to the cableway operator during the evacuation of passengers, are obliged to respect the authority of the head of operations without exception.

5. After the evacuation of passengers has been completed, the head of cableway operations shall ensure that the route is checked to confirm that no vehicle occupied by passengers remains on it. They shall then determine the further procedure for terminating cableway operations.

6. In the event of a rescue operation, the operations manager is authorised to order even those employees who are off duty at the critical time to report for duty.

7. For organisational purposes, a Passenger Evacuation Plan from the cars (hereinafter referred to as the evacuation plan) has been prepared. The evacuation plan has been prepared with regard to local conditions as well as the number and type of rescue equipment used (supplied).

8. The evacuation of passengers from the cars along the LD route is personally managed and supervised by the LD operations manager or the employee deputising for them at that time.

9. If necessary, the LD operations manager arranges for the medical emergency service, mountain rescue service or, where applicable, the fire service to be called. If there are not enough of its own employees to carry out rescue work, the LD operations manager calls in additional employees from the ski lift operation staff.

ARTICLE V.
Complaints

§ 26

1. The passenger must assert any rights arising from or in connection with the transport against the carrier, otherwise such rights expire. This does not apply to the right to compensation for damage to health, baggage transported together with the passenger, or items in the passenger’s possession; such a right may be asserted directly before a court.

2. If a refund of an amount paid to the carrier is requested, the person who paid the amount – the transport orderer (entitled person) – is authorised to submit the complaint.

3. The right to a refund of the fare (in the cases under Section 20, paragraphs 1, 2 and 3), if the transport did not take place, may be asserted by the passenger only on the day on which the ticket was purchased.

4. A complaint must be submitted in writing only. In the complaint, the entitled person must specify their claims against the carrier and provide reasons for them. They must also attach documents confirming the legitimacy of their claims and the accuracy of the amount requested (in particular, proof of payment of the amount for which a refund is requested), a report drawn up with the carrier, and the address to which the outcome of the complaint proceedings is to be sent.

5. The entitled person must assert their right against the carrier without undue delay.

6. If a complaint does not contain the required particulars, the carrier shall request the complainant to complete it and shall set a deadline for doing so, which may not be shorter than 8 days. If the particulars of the complaint are completed within the specified deadline, the complaint shall be deemed to have been duly submitted. If the complainant fails to complete the required particulars within the specified deadline, the carrier shall not deal with the complaint.

§ 27
Report

1. Circumstances that may give rise to property or other liability between the carrier and the passenger are generally investigated and documented in a report. Such a report serves as a basis for asserting rights. The report is drawn up by the carrier in the presence of the party (parties) concerned, if possible at the place where the circumstance documented in the report was established.

2. The accuracy of the findings contained in the report shall be confirmed by the signatures of both parties who participated in its preparation.

3. If a participating person disagrees with the contents of the report, they shall state in it which information and wording they disagree with and for what reason, and shall sign the report as supplemented. If a person participating in the preparation of the report refuses to sign it, their name and the reasons for their refusal must be stated in the report. If an employee of the carrier disagrees with the contents of the report and does not make a record in the report in accordance with the first sentence, the carrier is obliged to prove that the information in the report is incorrect.

§ 28
Processing of Complaints

1. The carrier is obliged to process a complaint within 3 months, starting on the day following the day on which the complaint was submitted (the date of the postmark applies) or submitted to the carrier in person. The carrier shall notify the complainant in writing of the outcome (recognition or rejection) of the complaint.

2. If the carrier rejects, in part or in full, the right asserted in the complaint, it is obliged to provide reasons for this position.

§ 29
Limitation and Extinction of Rights Arising from Transport

1. The limitation of citizens’ rights is governed by the relevant provisions of the Civil Code.

These Transport Regulations shall enter into force on: 13.11.2024

Operator: Bachledka SKI & SUN s.r.o., Hviezdoslavovo námestie 16, 811 02 Bratislava

Company directors: Dušan Šiška, Andrej Krasuľa