Aerial passenger chairlift, single-cable circulating ropeway with fixed-grip chairs and a loading conveyor
Type: SLF-4p
Jezersko
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).
| Amendment No. | Effective from | Amended by Date: Signature: | Further details of the issued amendment (amendment ref. no., date, article, etc.) | |
|---|---|---|---|---|
ARTICLE I.
General provisions.
§ 1
1. Bachledka Ski & Sun s.r.o., as the operator of the cableway transport service (carrier), pursuant to Section 7 of Act No. 514/2009 Coll. of the National Council of the Slovak Republic on rail transport 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 “CC”) for the aerial passenger chairlift, single-cable circulating ropeway with fixed-grip chairs, SLF-4p Jezersko.
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 operating transport on the cableway when carrying persons, animals and goods.
2. They regulate in detail the relationships arising during the transport of persons, animals and goods between the carrier and the parties to the transport on the cableway, except for pricing relationships, which are governed by tariffs.
3. When transport on the cableway is provided on the basis of a special request in an emergency, the provisions of these CC apply only if this has been agreed between the applicant and the carrier.
§ 3
1. Employees of the carrier entrusted with supervising transport operations (authorised employees) may issue passengers with instructions and orders necessary to ensure the safety and smooth operation of transport on the cableway. These mainly concern the seating of passengers in chairs, the clearing or leaving of station areas within the cableway premises, the acceptance of luggage for transport and its proper storage, and maintaining calm and order within the cableway premises, in stations and in chairs.
2. Employees of the carrier may also perform 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 pursuant to paragraphs 1 and 2 are identified by the carrier’s insignia.
ARTICLE II.
Transport of persons, animals and goods.
§ 4
1. A passenger who has fulfilled the conditions laid down by the CC and the cableway tariff is entitled to transport.
2. Through responsible conduct, compliance with the CC and other regulations relating to the transport of persons, and by following the carrier’s instructions, passengers must contribute to the order, safety and smooth operation of transport on the cableway.
3. Transport on the cableway operates seasonally, except for the time allocated for prescribed activities, maintenance, repairs and testing of the cableway equipment.
4. The cableway operator – carrier shall inform the travelling public of the suspension of cableway operations and transport (due to prescribed maintenance, repairs and testing of the 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 when 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 transport.
1. A person who has fulfilled the conditions laid down by these Conditions of Carriage and the tariff has the right 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 registers for transport.
2. In the event of increased passenger demand, transport on the cableway may be provided outside the time interval of regular operations, including at times not specified in the timetable.
3. If the operational condition of the cableway or other serious circumstances make it impossible to provide further transport on the cableway, the carrier shall inform passengers 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 notice period).
4. When transporting passengers, a chair may accommodate a maximum of 4 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
b. without skis
6. In the downhill direction, only passengers without skis on their feet may be transported, with two persons occupying every second chair.
7. A child under 10 years of age may not be transported on a chair alone, but only accompanied by (in the presence of) an adult.
§ 8
Priority transport
1. The following persons are entitled to priority transport:
a. cableway employees
b. on-duty employees of the mountain rescue service or other rescue services, their assistants and persons carrying out rescue operations, and persons who have suffered an injury—“rescued persons” (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 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 cableway equipment does not allow for the straightforward transport of persons with physical disabilities in a wheelchair.
2. If transport is requested for such a person who uses a wheelchair, that person or their accompanying person must notify the relevant employee of the carrier of their request to be transported by cableway when purchasing the ticket and ask for assistance with transporting the person (and, if applicable, their wheelchair) on the cableway.
3. Upon request pursuant to paragraph 2, the carrier shall provide assistance when the passenger with a physical disability boards and exits. The passenger is responsible for arranging their arrival in the boarding area (with their own escort).
4. When transporting a passenger according to paragraph 1, the staff on duty at the stations assist such passenger when boarding and leaving the seat.
5. Passengers may board and leave the seat according to paragraph 1 only when the chair (seat) is stationary at the station.
§ 10
Exclusion of persons from transport
1. The following persons are not entitled to transport or may be excluded from transport by the carrier:
a. Persons showing 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 negatively affect fellow passengers, or may adversely affect the safety of passenger transport.
b. Persons who fail to comply with the transport regulations, instructions and orders of the carrier’s authorised employees, inconvenience other passengers through their behaviour or otherwise disrupt 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 tariff
d. Persons with luggage or a domestic animal, if these constitute an obstacle to the safe, orderly and comfortable transport of passengers or if they endanger passengers’ health.
2. The charge for a passenger’s failure to produce a valid ticket (in the event of an inspection, including after leaving the seat) is 10 times the basic fare, excluding surcharges and discounts.
§ 11
Transport of luggage
1. A passenger is entitled to take one piece of easily portable luggage weighing up to 5 kg free of charge onto the seat (small items that can be held on the lap or in the hand as needed are not considered luggage), as well as one pair of skis with poles.
2. The transport of live animals on the seat is permitted only if the special conditions laid down for their transport (§ 15) are met.
3. The transport of firearms is permitted only for a passenger who can produce a valid permit to carry the respective weapon. During its transport, the passenger must comply with special regulations.
4. Persons authorised to carry firearms may take a reasonable quantity of ammunition with them together with the weapon. The ammunition must be stored in ammunition belts, hunting pouches or similar containers intended for this purpose.
5. The transport of larger quantities of luggage and other items is carried out separately (e.g. separately on a seat or service car), provided that their transport is possible with regard to their dimensions and weight, the technical parameters of the cars 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. The following may not be taken onto the seat or transported:
a. Items whose transport is prohibited by generally binding legal regulations or 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 passengers or other persons, poisoning, burns, chemical burns or illness in people or animals.
c. Loaded firearms,
d. Items which may cause or worsen soiling or damage to the 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 incurred by a passenger during transport to luggage transported together with them or to items they had with them.
§ 14
Inspection of luggage
1. If an authorised employee of the carrier has doubts as to whether the items a passenger wishes to take onto the seat meet the specified 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 Transport Regulations, the carrier is entitled not to transport such luggage, items or animals on the LD. The passenger must remove such luggage from the seat.
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, uninterrupted and comfortable transport of other passengers, endanger passengers’ health, or if the technical parameters or seating capacity of the car do not permit its transport.
§ 15
Transport of animals
1. A passenger may take small domestic or other small animals onto the seat as luggage, unless special regulations prohibit this, provided that they are enclosed in cages, baskets or other suitable portable containers with a leak-proof bottom. The provisions on the transport of luggage apply to the transport of containers with animals.
2. Without a container, only a domestic dog may be taken onto the seat. 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 jump out or otherwise suddenly negatively affect transport safety,
e. Only one dog may be transported on one seat at a time; this restriction does not apply, for example, in the case of two dogs being taken by the same passenger,
f. No other passenger apart from the dog’s owner may be transported on a seat occupied by a dog 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 obstruct the safe, uninterrupted and comfortable transport of passengers, endanger passengers’ health, or if the transport conditions do not permit it (e.g. the seating capacity of the seat).
4. By means of a local regulation, the carrier may completely prohibit the transport of live animals for a temporary period. This carrier's right 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 provide passenger transport on the LD with professional care. During transport, the carrier is obliged to ensure the safety of the transport of passengers, animals and items.
2. The carrier is obliged to publish the fare, provide passengers with information related to transport on the LD upon request, display an excerpt from the Conditions of Carriage at the stations and provide the Conditions of Carriage for inspection upon request.
3. Vehicles used for passenger transport must be in proper technical condition corresponding to their approved technical eligibility. The seating areas of the chairlifts must be kept properly clean.
4. To operate transport on the railway in accordance with the rules governing railway transport, the licence, the operating regulations and the POUS.
5. To stop the operation of a railway vehicle that endangers 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 for passenger orientation at 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 statutory and other measures of the carrier, follow the instructions of authorised employees of the LD operator and carrier, and respect the warnings and instructions displayed on installed information boards.
2. A passenger located within the cableway perimeter, in the station and carriage areas, is obliged to follow the instructions and orders of an authorised employee of the cableway operator and 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 is obliged to prove their identity.
3. Passengers are obliged to 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 inconvenience passengers and authorised employees of the railway operator and carrier.
4. Passengers are solely responsible for the proper and safe storage of the luggage and other items they are transporting before transport begins.
5. During transport on the cableway, passengers are prohibited from:
a. remaining without due cause in the boarding, alighting and station areas
b. leaning out of the chairlifts or swinging
c. opening the foldable restraint bar on the chairlift
d. throwing any objects from the chairlift while it is in motion or allowing items to protrude from the vehicle
e. smoking or using an open flame on the chairlift or in the boarding, alighting and station areas
6. Passengers may board and leave the carriages only in the station areas at the designated places.
7. If the cableway stops, passengers are obliged to remain calmly seated on the chairlift and wait for the journey to continue. If necessary, they must follow the instructions of authorised employees of the carrier.
8. After leaving the chairlift, passengers are obliged to leave the station 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 authorising transport) before boarding the chairlift and after leaving the chairlift within the station area.
ARTICLE III
Fares (transport charges)
§ 19
1. The fare sets out the rates for basic fares, surcharges, discounts and other charges associated with the transport of passengers, their luggage, 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 at the stations, at the places designated for purchasing tickets (ticket offices).
3. A passenger who is not entitled to free transport is obliged to pay the fare set by the tariff for a single journey 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 luggage the passenger is obliged to pay transport charges for.
5. Children under 6 years of age travel free of charge.
§ 20
Entitlement to a fare refund
1. Passengers are entitled 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 LD equipment
b. other serious circumstances prevent further transport in accordance with the timetable and require the cableway operation to be interrupted or restricted (this does not apply if the passenger had the opportunity to use other mountain transport facilities operated by the carrier at the resort).
2. The carrier will refund the fare only upon the passenger's request. The passenger must present a valid ticket for the day on which the transport did not take place for the reasons specified in paragraph 1.
3. If the passenger's transport is only partially provided, the fare will be refunded after deducting the proportional fare for the relevant day.
4. When a proportional amount is refunded, the carrier’s responsible employee must make a record of the refund, with the valid ticket attached.
5. In other cases, as set out in paragraphs 1 and 3, the fare is not refunded.
6. Passengers are also not entitled to a fare refund if the transport service is not 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 is no longer interested in being transported (e.g. if they wish to leave the ski resort earlier).
§ 21
Travel ticket
1. A valid travel ticket confirms the conclusion of the contract for the carriage of persons and baggage on the cableway and serves as proof of payment of the fare.
2. The travel ticket contains, in particular, the carrier’s business name, the type of ticket, its period of validity, the operational scope of validity (cableway + ski lift, etc.), and the fare amount.
3. Travel tickets may be single-use or time-based. A single-use ticket entitles the passenger to travel on one section or both sections (return) of the cableway route. The period of validity of time-based tickets is determined by the tariff.
4. A time-based ticket entitles the holder to transport within the specified period and within the operational scope of validity for which it was issued.
5. A single-use 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-use ticket must contain information enabling its validity and correct use to be checked, taking into account the nature of the operation.
8. A time-based ticket must contain, in particular, the following information:
- type of time-based ticket
- 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. Passengers must carry a valid travel ticket throughout the entire journey, including when disembarking from the vehicle.
10. Passengers without a valid travel ticket will not be permitted to travel.
§ 22
Ticket sales
1. The ticket office must be open at least 10 minutes before the first ride begins during the cableway’s daily operation, or before any 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, passengers must check for themselves 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 travel ticket for inspection when boarding and leaving the carriage, or prove their entitlement to travel with an appropriate document.
2. The carrier is entitled to require a passenger who cannot present a valid travel ticket to pay the fare and a surcharge (fine). If the passenger refuses (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. If an accident or extraordinary event (EE) occurs on the cableway (see the Operating Regulations), as a result of which further transport will not be possible, or if, taking into account the scope and consequences of the EE, transport must be operated under an extraordinary regime, the carrier must immediately inform passengers in the carriages of the situation and of the subsequent procedure for transporting them to the stations or enabling them to leave the carriages (evacuation from the carriages).
2. Immediately after an EE occurs pursuant to paragraph 1, the head of cableway operations must, where necessary, take the essential measures 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 and lives of persons or to property is prevented. They must also take measures to secure any witnesses to the EE and preserve documentary evidence.
§ 25
Evacuation of passengers from carriages
1. If, during the transport of passengers, a fault occurs in the cableway equipment to such an extent that travel cannot continue without 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 must decide without delay on the further procedure. After assessing the situation, the head of operations decides whether to proceed with the rapid removal of the fault or to evacuate the passengers. In doing so, they 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 day, and other relevant circumstances.
2. Once the decision to evacuate passengers from the carriages has been made, the head of cableway operations or their deputy must immediately ensure that all passengers remaining on the route are informed. If necessary, they must ensure that passengers are informed during the evacuation.
3. If the head of operations decides that it is necessary to evacuate the passengers, they are responsible for personally organising and directing all related work and activities.
4. Cableway employees, as well as employees of other organisations contractually engaged to assist the cableway operator with passenger evacuation, must fully comply with the authority of the head of cableway operations.
5. Once the evacuation of passengers has been completed, the head of cableway operations must ensure that the route is checked to confirm that no carriage containing passengers has been left behind. They then determine the further procedure for terminating cableway operations.
6. In the event of a rescue operation, the head of operations is authorised to order employees who are off duty at the critical time to report for duty.
7. For the purposes of organisational arrangements, an Evacuation Plan for Passengers from 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 cars along the LD route is personally managed and overseen by the LD Operations Manager or the employee deputising for them at the given time.
9. Where necessary, the LD Operations Manager arranges for the medical emergency service, mountain rescue service or, where appropriate, the fire brigade to be called. In the event of an insufficient number of its own employees for rescue work, the LD Operations Manager calls additional employees from the ski lift operating staff.
ARTICLE V.
Complaints
§ 26
1. A passenger must exercise their rights arising from or in connection with the transport with 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 carried by the passenger; this right may be exercised directly before a court.
2. If the refund of an amount paid to the carrier is requested, the person who paid the amount – the transport orderer (entitled person) – is entitled to submit the complaint.
3. The right to a refund of the fare (in the cases under Section 20(1), (2) and (3)), where the transport has not taken place, may be exercised 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 correctness of the amount requested (in particular, proof of payment of the amount requested to be refunded), a record drawn up with the carrier and the address to which the result of the complaint proceedings is to be sent.
5. The entitled person must exercise their right with the carrier without undue delay.
6. If a complaint does not contain the necessary particulars, the carrier shall request the complainant to supplement it and shall set a time limit for doing so, which may not be shorter than 8 days. If the particulars of the complaint are supplemented within the specified time limit, the complaint shall be deemed to have been duly submitted. If the complainant fails to supplement the required particulars within the specified time limit, the carrier shall not deal with such complaint.
§ 27
Record
1. Circumstances that may give rise to property or other liability between the carrier and the passenger are generally investigated and documented in a record. Such a record serves as a basis for exercising rights. The record is drawn up by the carrier in the presence of the affected party (parties), where possible at the place where the circumstance being documented was identified.
2. The correctness of the findings contained in the record shall be confirmed by the signatures of both parties who participated in its preparation.
3. If a person involved disagrees with the content of the record, they shall state in it which information and wording they disagree with and for what reason, and shall sign the record as supplemented in this way. If a person involved in drawing up the record refuses to sign it, their name and the reasons for their refusal must be stated in the record. If an employee of the carrier disagrees with the content of the record and does not make a record in accordance with the first sentence, the carrier is obliged to prove that the information in the record 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 postal stamp applies) or personally submitted to the carrier. The carrier shall notify the complainant in writing of the result (acceptance or rejection) of the complaint.
2. If the carrier rejects, in part or in full, the right asserted in the complaint, it must provide reasons for this position.
§ 29
Limitation and Expiry of Transport Rights
1. The limitation of citizens’ rights is governed by the relevant provisions of the Civil Code.
These Transport Regulations shall enter into force on: 21.12.2023
Operator: Bachledka SKI & SUN s.r.o., Hviezdoslavovo námestie 16, 811 02 Bratislava
Company directors: Dušan Šiška, Andrej Krasuľa