Conditions of Carriage – LEITNER GD-10 Bachledka gondola lift

Detachable-grip monocable circulating aerial passenger gondola lift

Type: LEITNER GD-10

Bachledova dolina

Valid from: 21.12.2023

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 cableway (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 No. 351/2009 Coll. of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic on the Transport Regulations for Railways, issues these Conditions of Carriage (hereinafter referred to as the “Conditions”) for the Leitner GD-10 Bachledova dolina detachable-grip monocable circulating aerial passenger gondola lift.

2. Bachledka Ski & Sun s.r.o. is the operator of the cableway in question and is responsible for fulfilling the obligations arising from the relevant generally binding legal regulations applicable to cableway operators.

§ 2

1. The Conditions of Carriage regulate the details of transport on the cableway when carrying passengers, animals and items.

2. They regulate in detail the relationships arising during the carriage of passengers, animals and items between the carrier and the parties involved in transport on the cableway, excluding price-related matters, which are governed by the tariffs.

3. When transport on the cableway is provided on the basis of a special request in an emergency situation, the provisions of these Conditions apply only if this has been agreed between the applicant and the carrier.

§ 3

1. The carrier’s employees entrusted with supervising transport services (authorised employees) may issue passengers with instructions and orders necessary to ensure the safety and smooth operation of transport on the cableway. These primarily include instructions concerning passengers’ positioning in gondolas (cars), clearing or leaving station areas within the cableway premises, accepting luggage for carriage and storing it properly, maintaining peace and order within the cableway premises, in stations and in gondolas.

2. The carrier’s employees may also carry out actions that ensure and monitor compliance with the conditions of carriage and tariff conditions, as well as establish passengers’ identities.

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

ARTICLE II.
Carriage of passengers, animals and items.

§ 4

1. A passenger who has fulfilled the conditions laid down by the Conditions and the cableway tariff is entitled to carriage.

2. By exercising due discipline, complying with the Conditions and other regulations relating to the carriage of passengers, and following the carrier’s instructions, passengers are obliged to contribute to order, safety and the smooth operation of transport on the cableway.

3. Transport on the cableway operates year-round, except for the periods allocated for carrying out prescribed procedures, maintenance, repairs and testing of the cableway equipment.

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

§ 5
Timetables.

The precise times at which transport on the cableway is provided 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 No. 351/2009 Coll. of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic on the Transport Regulations for Railways.

§ 6
Right to carriage.

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

§ 7
Provision of transport

1. Regular transport (a ride) will not take place if no passenger registers for carriage.

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

3. If the operational condition of the cableway or other serious circumstances prevent further transport on the cableway, the carrier shall ensure that passengers are informed of the transport restriction, timetable change or complete suspension of transport on the cableway (the provisions of Section 4(4) apply to informing passengers, except for the 7-day advance notification period).

4. When carrying passengers, a gondola (car) may be occupied by a maximum of 10 adults travelling uphill and likewise downhill.

5. A child under 10 years of age may not travel in a gondola alone, but only accompanied by (in the presence of) an adult.

§ 8
Priority carriage

1. The following persons are entitled to priority carriage:

a. cableway employees

b. on-duty mountain rescue service or other rescue service employees, their assistants and persons carrying out rescue work, and persons who have suffered an accident (“persons being rescued”) (Act No. 544/2002 Coll. of the National Council of the Slovak Republic, Section 8(2)); c. persons entrusted with supervision or persons from the relevant inspection authorities,

d. Persons with physical or health disabilities,

e. Persons specially marked or otherwise identified, subject to a special agreement with or consent from the carrier’s responsible manager,

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

1. The technical design of the cableway equipment enables persons with physical disabilities using a wheelchair to be transported easily.

2. If carriage is requested for a person using a wheelchair, that person or their accompanying person must notify the relevant carrier employee of the request to travel by cableway and ask for assistance with transporting the person on the cableway.

3. Upon request pursuant to paragraph 2, the carrier shall provide assistance when the passenger with a physical disability boards and leaves the gondola. The passenger must arrange their arrival at the boarding area themselves (with their own accompanying person).

4. When carrying a passenger pursuant to paragraph 1, station staff shall assist the passenger when boarding and leaving the gondola.

5. Passengers pursuant to paragraph 1 may board and leave the gondola only when the car (gondola) is moving at reduced speed in the station.

§ 10
Exclusion of persons from carriage

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

a. Persons who show signs of excessive consumption of alcoholic beverages, narcotic or psychotropic substances, and persons who, due to illness, exceptionally soiled outer clothing or other reasons, may inconvenience or otherwise unpleasantly affect fellow passengers, or may adversely affect the safety of passenger transport.

b. Persons who fail to comply with the Transport Regulations or 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 ticket who cannot prove that they have paid the fare according to the applicable tariff.

d. Persons with luggage or a pet if these constitute an obstacle to the safe, peaceful and comfortable transport of passengers or endanger the health of passengers.

2. The charge for a passenger’s failure to present a valid ticket (in the event of an inspection, including after leaving the cabin) is 10 times the basic fare, excluding surcharges and discounts.

§ 11
Transport of luggage

1. Passengers are entitled to take easily portable luggage weighing up to 5 kg into the cabin free of charge, and in winter also ski poles (small items that can be held on one’s lap or in one’s hand as necessary are not considered luggage). Skis must be placed in the holder on the door intended for this purpose.

2. The transport of live animals in the cabin is permitted only if the specific conditions stipulated for their transport are met (§ 15).

3. The transport of firearms is permitted only for passengers who present a valid authorisation to carry the respective firearm. During its transport, the passenger is obliged to comply with the applicable special regulations.

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

5. The transport of larger quantities of luggage and other items is carried out separately (e.g. separately in a cabin or service 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 is subject to a special tariff determined by the carrier.

§ 12
Exclusion of luggage and items from transport

1. It is not permitted to take the following into the cabin or transport them:

a. Items whose transport is prohibited by applicable generally binding regulations or measures issued by the competent state administration authorities.

b. Dangerous substances and items whose properties may cause an explosion, fire, damage to LD equipment, injury or damage 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 result in damage to or soiling of the cabin seat,

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

§ 13
Liability for the transport of luggage

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

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

§ 14
Inspection of luggage

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 stipulated requirements (§ 11, § 12), they are entitled to verify their contents and nature in the passenger’s presence. If the passenger refuses to have the luggage inspected, or if the inspection reveals that the contents of the luggage or other items are excluded from transport under the provisions of these PPOR, the carrier is entitled not to transport such luggage, items or animals on LD. The passenger is obliged to remove such luggage from the cabin.

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

§ 15
Transport of animals

1. Passengers may take small domestic or other small animals into the cabin as luggage, unless special regulations prohibit this, provided that the animals are enclosed in cages, baskets or other suitable portable containers with a leak-proof bottom. The provisions governing the transport of luggage apply to the transport of containers with animals.

2. Without a container, only a domestic dog may be taken into the cabin. 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 safety muzzle,

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

d. The dog must be restrained and held by its owner in such a way that it cannot suddenly adversely affect transport safety,

e. Only one dog may be transported in a cabin at the same time. This restriction does not apply, for example, to two dogs brought by the same passenger.

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

4. By means of a local regulation, 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, armed forces and security forces, or guide dogs accompanying, for example, visually impaired persons.

§ 16
Carrier’s obligations

1. The carrier is obliged to transport passengers on LD with due professional care. During transport, the carrier is obliged to ensure the safety of transporting passengers, animals and items.

2. The carrier is obliged to publish the fare tariff, provide passengers with information related to transport on the LD upon request, display an excerpt 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 in the cabins must be kept suitably clean.

4. Operate transport on the railway in accordance with the rules governing transport operations on the railway, the licence, the operating regulations and the POUS.

5. Stop the operation of any rail vehicle that endangers the safety and health of persons, the safety of property or the environment beyond an acceptable level.

6. 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. Operate transport on the cableway in accordance with the timetable and fare tariff.

8. Inform passengers about the transport services provided and the prices of the services provided.

§ 17
Obligations of the cableway operator

1. 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. Mark areas within the railway premises that are not accessible to the public.

3. Clearly mark the stations it operates with their names.

4. 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. Publish timetables and any changes to them.

§ 18
Passengers’ obligations

1. In the interests 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 LD operator and the carrier, and respect the notices and instructions displayed on installed information boards.

2. A passenger present within the cableway premises, in the station areas or in the cabins 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 own safety and the safety of other passengers. At the request of an authorised employee of the carrier, the passenger must prove their identity.

3. Passengers must behave in such a way as not to disturb the peaceful, comfortable and safe transport of other passengers, damage the vehicle’s equipment or other facilities of the railway operator and carrier intended for passengers, soil the vehicle or the carrier’s premises, or disturb passengers and authorised employees of the railway operator and carrier.

4. Passengers are solely responsible for properly and safely storing the baggage and other items they are transporting before transport begins.

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

a. staying without reason in the boarding and alighting areas and stations

b. leaning against the cabin doors, standing or swinging

c. opening the cabin doors

d. throwing any objects out of the cabin while it is in motion or allowing items to protrude from the vehicle

e. smoking or using an open flame in the cabin or in the boarding and alighting areas and stations

6. Passengers may board and leave the cabins only within the station areas at designated places.

7. If the cableway stops, passengers must remain calmly seated in the cabin and wait for the journey to continue. They must follow the instructions of the carrier’s authorised employees where applicable.

8. After leaving the cabin, passengers must leave the station’s alighting area as soon as possible.

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

ARTICLE III
Fares

§ 19

1. The fare tariff sets the rates for 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 fare tariffs 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 tariff for an individual journey or for the right to transport during a specified period. If a passenger claims the right to a discounted fare, they must prove this entitlement without being asked.

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

5. When visiting CHKS, children up to 3 years of age are transported free of charge, and when skiing, children up to 120 cm in height are transported free of charge.

§ 20
Entitlement to a fare refund

1. Passengers have 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 fault in the LD equipment

b. other serious circumstances that prevent further transport according to the timetable and require the operation of the cableway to be interrupted or restricted (this does not apply if the passenger had the option of using other mountain transport facilities operated by the carrier at the resort).

2. The carrier will refund the fare only at the passenger’s request. The passenger must present a valid ticket for the day on which transport did not take place for the reasons set out in paragraph 1.

3. If passenger transport was only partially provided, the fare will be refunded after deducting the proportionate fare for the relevant day.

4. When refunding a proportionate amount, the responsible employee of the carrier must record the refund of the amount, attaching the valid ticket.

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

6. The passenger is also not entitled to a refund of the fare if the transport service cannot be provided 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 no longer wishes to use the transport service (e.g. if they wish to leave the ski resort earlier).

§ 21
Ticket

1. A valid ticket confirms the conclusion of the contract for the transport of persons and luggage on the cableway and serves as 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 scope of operational validity (cableway + ski lift, etc.), and the fare.

3. Tickets are either single-ride or time-based. A single-ride ticket entitles the passenger to travel 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 scope of operational validity for which it was issued.

5. A single-ride 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-ride ticket must contain information enabling verification 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

- validity period

- scope of operational validity (cableways, ski 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. Passengers must carry a valid ticket for the entire duration of the journey, including when getting off the vehicle.

10. Passengers without a valid ticket will not be allowed to board.

§ 22
Ticket Office

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

2. The fare shown on the ticket must correspond to the amount paid by the passenger. When receiving the ticket, the passenger is obliged to check that it has been issued according to the requested details, in particular that the fare paid corresponds to the price shown on the ticket. The carrier will not consider any subsequent complaint by the passenger.

§ 23
Ticket Inspection

1. At the request of an authorised carrier employee, passengers must present their ticket for inspection when boarding and getting off the vehicle, or prove their entitlement to transport by presenting the relevant document.

2. The carrier is entitled to require a passenger who cannot present 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, considering the extent and consequences of the EE, transport will be operated under an extraordinary regime, the carrier is obliged to immediately inform passengers in the vehicles of the situation that has occurred and of the subsequent procedure for transporting them to the stations or enabling them to leave the vehicles (evacuation from the vehicles).

2. Immediately after the occurrence of an EE pursuant to paragraph 1, the cableway operations manager is obliged, if necessary, to take the measures required to ensure that first aid is provided to affected persons, that injured persons are transported for professional medical treatment, and that any further damage to the health or lives of persons and to property is prevented. They are also obliged to take measures to secure any witnesses of the EE and documentary evidence.

§ 25
Evacuation of Passengers from the Vehicles

1. If, during passenger transport, a failure occurs in the cableway equipment to such an extent that it is not possible to continue the ride without carrying out repairs, or if a sudden change in weather conditions makes it impossible to complete the ride, while the cableway has been stopped and passengers remain on the route, the cableway operations manager or their deputy is obliged to decide immediately on the further procedure. After assessing the situation, the operations manager shall decide whether to proceed with the rapid removal of the failure or to evacuate the 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 failure, developments in weather conditions, the time of day, and other relevant circumstances.

2. Once a decision has been made to evacuate passengers from the vehicles, the cableway operations manager 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 operations manager decides that it is necessary to evacuate the passengers, they are obliged to personally organise and manage all related work and activities.

4. Cableway employees, as well as employees of other organisations contractually obliged to assist the cableway operator with the evacuation of passengers, must fully comply with the authority of the cableway operations manager.

5. After the evacuation of the passengers has been completed, the cableway operations manager shall ensure verification that no vehicle containing passengers remains on the route. 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 employees who are off duty at the critical time to report for duty.

7. For organisational purposes, an Evacuation Plan for Passengers from Vehicles (hereinafter referred to as the Evacuation Plan) has been prepared. The Evacuation Plan has been prepared with regard to local conditions and the number and type of rescue equipment used (provided).

8. The evacuation of passengers from vehicles along the cableway route is personally managed by, and is the responsibility of, the cableway operations manager or the employee acting as their replacement at that time.

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

ARTICLE V
Complaints

§ 26

1. A passenger must assert any rights arising from or in connection with the carriage with the carrier; otherwise, such rights shall lapse. This does not apply to the right to compensation for personal injury, damage to luggage carried together with the passenger, or damage to items the passenger had with them; such rights may be asserted directly in court.

2. If a refund of an amount paid to the carrier is requested, the person who paid the amount – the person ordering the carriage (the entitled party) – is entitled to submit the complaint.

3. The right to a refund of the fare (in cases under Section 20, paragraphs 1, 2 and 3), if the carriage 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 party 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 correctness of the amount requested (in particular, proof of payment of the amount whose refund is requested), a report drawn up with the carrier, and the address to which the outcome of the complaint procedure is to be sent.

5. The entitled party must assert their rights with 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 such a complaint.

§ 27
Report

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

2. Both parties who took part in the report shall confirm the accuracy of the findings contained in it by signing it.

3. If a person involved does not agree with the content of the report, they shall state in it which information and wording they disagree with and for what reason, and shall sign the report after it has been supplemented in this way. If a person involved in drawing up 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 content 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
Handling of complaints

1. The carrier is obliged to handle 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 (acceptance or rejection) of the complaint.

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

§ 29
Limitation and expiry of rights arising from carriage

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

These Carriage Regulations shall take effect on: 21.12.2023

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

Company directors: Dušan Šiška, Andrej Krasuľa