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General business conditions for using skipasses TATRY SUPER SKI

General terms and conditions for the use of the TATRY SUPER SKI skipass that apply to ski centers under the joint card system TATRY SUPER SKI:

  1. Kotelnica Białczańska (Ski center Kotelnica Białczańska sp. z o.o., registered office: Środkowa 181 b, 34-405 Białka Tatrzańska, KRS: 0000067900);
  2. Czarna Góra – Koziniec („CZARNA GÓRA – KOZINIEC” sp. z o.o., registered office: Nadwodnia 170, 34-532 Czarna Góra, KRS: 0000239680);
  3. Hawrań – Jurgów („Centrum Wypoczynku i Rekreacji „HAWRAŃ” sp. z o.o., registered office: Podokólne 1, 34-532 Jurgów, KRS: 000021509);
  4. Czorsztyn – Ski (CZORSZTYN-SKI sp. z o.o., registered office: Kamieniarska 30A, 34-440 Kluszkowce, KRS: 0000038512);
  5. Kaniówka ((Stacja Narciarska Kaniówka Dziubas Władysław, Wodziak Stanisław sp. j., registered office: Kaniówska 19, 34-405 Białka Tatrzańska, KRS: 0000415848);
  6. Bania (BANIA spółka z ograniczoną odpowiedzialnością sp. k., registered office: Środkowa 181, 34-405 Białka Tatrzańska,
    KRS: 0000565410);
  7. Polana Szymoszkowa (Dorado Sp. z o.o., registered office: Polana Szymoszkowa 2, 34-500 Zakopane, KRS: 0000180393);
  1. Harenda – Wyciągi („Harenda – Wyciągi” sp. z o.o. registered office: Harenda 21A, 34-500 Zakopane, KRS: 0000214080);
  2. Witów – Ski („WITÓW-SKI” sp. z o.o. registered office: Witów 205c, 34-512 Witów, KRS: 0000253245)
  3. Stacja Narciarska Suche (Stacja Narciarska SUCHE sp. z o.o., registered office: Suche 103 b, 34-520 Poronin, KRS: 0000302489);
  4. Grapa Ski (“KOMPLEKS TURYSTYCZNO NARCIARSKI CZARNA GÓRA-GRAPA” sp. z o.o, registered office: Zagóra 200, Czarna Góra, 34-532 Jurgów, KRS: 0000216144);
  5. PKL – Palenica – Szczawnica (Polskie Koleje Linowe S.A. registered office: Krupówki 48, 34-500 Zakopane, KRS: 0000429345);
  6. PKL – Mosorny Groń – Zawoja (Polskie Koleje Linowe S.A. registered office: Krupówki 48, 34-500 Zakopane, KRS: 0000429345);
  7. Bachledka Ski & Sun (Slovakia) (BACHLEDKA SKI & SUN s.r.o., company’s registered office: Ždiar 702, 059 55 Ždiar, IČ DPH SK2121294450);
  8. Thermal Park Orava (Slovakia) (Thermal Park Orava s.r.o. company’s registered office: ul. M.R. Stefanika 1821, Dolny Kubin National Business Registry Number (ICO) 44 820 313 Tax No. (ICO DPH) SK2022842404, 16),
  9. Długa Polana (Długa Polana Spółka z o.o., company’s registered office: ul. Oleksówki 6a, based in Nowy Targ 34-400 Nowy Targ KRS [National Court Register] No.: 0000480107) 17),
  10. Rusiń-Ski (Rusiń-Ski sp. z o.o. company’s registered office: Rusiński Wierch 70, 34-530 Bukowina Tatrzańska, KRS: 0000231704)
  11. Strachan Ski-centrum (Slovakia) (Strachan Ski-centrum, ZORLAND s.r.o., Ždiar 530, 059 55 Ždiar Slovenská republika, IČO: 47 591 323);

collectively referred to in the Rules and Regulations as: “Ski Resorts” and individually as the “Ski Resort”.

I. DEFINITIONS

1. TATRY SUPER SKI Pass – time-limited eligibility allowing, during its validity period, to use an unlimited
number of chairlift and ski lift runs using the Ski Centres chairlifts and ski lifts belonging to the TATRY SUPER
SKI system (called in the Terms of Use respectively – “chairlifts and ski lifts”), which are available and active at
the time of use of these eligibilities, according to the rules specified in the Terms of Use. The condition of
using the TATRY SUPER SKI Pass is having a Card, on which the Term Entitlement will be recorded. The validity
period of the Term Entitlement (hourly, daily) in a specific winter season is determined by the type of the
Pass, whereby it is clarified that:

          a) Hourly Pass – is valid for the period of time specified on the Pass, counted from the moment of Pass Personalization, only on the day when it occurred, but not longer than until the closure of the Ski Centre on that day;

          b) Day Pass  – is valid for the number of (consecutive) days specified on the Pass, counted from the moment of Pass Activation, regardless of the time at which it occurred, but no longer than until the closing of the Ski Centre on the last day of validity of the Pass,

2. Pass – a carrier of Time-limited Eligibility resulting from the purchased TATRY SUPER SKI Pass.
The pass comes in the form of an RFID Skidata KeyCard or another SkiData transponder. It is reusable and
allows to record and store information about the Time-limited Eligibility.

3. Local Pass – term entitlement, other than the TATRY SUPER SKI Pass, entitling to use the infrastructure of a given Ski Resort, in accordance with its internal rules and regulations;

4. TATRY SUPER SKI Pass – a card with the Time-limited Eligibility resulting from the purchased TATRY SUPER SKI Pass, assigned to a particular user after its Personalisation and enabling
the use of the Time-limited Eligibility resulting from the TATRY SUPER SKI Pass.

5. Time-limited Eligibility – a record in the access control system, which enables, after its activation on the Pass,
the use of services resulting from the purchased TATRY SUPER SKI Pass.

6. Pass Activation – an action of recording the Time-limited Eligibility on the Pass at the instruction of the
eligible person with simultaneous issuance of thus activated TATRY SUPER SKI Pass to the eligible person.

7. Pass Personalization – the action of assigning a specific TATRY SUPER SKI Pass to a specific user, which takes
place when the TATRY SUPER SKI Pass is first placed near the reader of a gate to a chairlift or ski lift of the Ski
Centre.

 

II. GENERAL PROVISIONS

1. All persons entering the Ski Centre are obliged to acquaint themselves with these Terms of Use and observe their provisions.

2. The Terms of Use define the rules of using the TATRY SUPER SKI Pass at the Ski Centres belonging to the TATRY SUPER SKI system. The condition of using the Pass is having the Pass on which the Time-limited Eligibility will be recorded.

3. According to the rules specified in the Terms of Use, the TATRY SUPER SKI Pass entitles you to use available and active chairlifts and ski lifts during the opening hours of individual Ski Centres. The opening times of individual chairlifts and ski lifts vary and may change during the season. The start and end dates of the winter season, among other things due to weather conditions, may vary for each Ski Centre. Information about the current opening hours of individual Stations can be found, among others, on the website www.tatrysuperski.pl.

4. The information about the currently available chairlifts and ski lifts of the Ski Centre on a given day can be found on an information board located in the area of each Ski Centre.

5. The eligible person decides at what point the Pass Activation is to be made and bears the legal consequences thereof. In case of a change in the place of use of the TATRY SUPER SKI Pass, the person eligible by the Pass should first check the information about the availability and opening hours of the ski lifts and chairlifts of the Ski Centre to which he or she goes, and it is recommended that such a person should also take into account the period of validity of the time-limited eligibilities recorded on the pass and the time of arrival at the Ski Centre and preparation for the entrance to the slope. The Ski Centres belonging to the TATRY SUPER SKI system reserve that the availability of individual ski slopes or chairlifts and ski lifts located within the Ski Centres may be temporarily excluded from use for customers in case of organization of ski competitions, events or trainings for organized ski groups (temporary limitation of availability) – in this case, participants of competitions or organized ski groups will
have priority to use cable transport equipment.

6. The Terms of Use apply to all types of TATRY SUPER SKI Passes.

III. TICKET OFFICES

1. The ski passes available within the offer of TATRY SUPER SKI can be purchased only at the ticket offices of the Ski Centres, at authorised outlets and on the website www.tatrysuperski.pl.

2. The passes on which the Time-limited Eligibilities resulting from the purchased TATRY SUPER SKI Pass are recorded are the property of the Ski Centres.

3. A VAT invoice for the purchased Pass can be obtained only on the basis of the proof of purchase in the Ski Centre where the Pass was purchased, according to the rules of law. The collected refundable deposit for the Pass is not documented by the VAT invoice.

4. The ticket offices of Ski Centres located in Poland accept credit cards or cash in Polish zloty. In the territory of Slovakia, credit cards or cash in EURO currency are accepted.

5. In a justified case, to the extent provided for by law and for the safety of persons using the infrastructure of the Ski Centre, the seller may refuse to sell the ski pass, and the Ski Centre may refuse to provide the service (e.g.: if the purchaser is in a state of intoxication).

IV. TATRY SUPER SKI CARD

1. The only person entitled to use the TATRY SUPER SKI Pass during its validity is the person who has personalized it.

2. The information about the expiry date of the Pass is displayed each time on the display of the gate reader of the Ski Centre chairlift or ski lift. The information about the type of the Time-limited Eligibility coded is printed on the TATRY SUPER SKI Pass when it is issued at the ticket offices of the Ski Centres.

3. In case of purchase of the Pass covering high-season and off-season prices, a mixed price is automatically
calculated.

4. It is not possible to change, extend or postpone the validity of the Time-limited Eligibility arising from the Pass after its personalisation (first pass through a gate).

5. The Ski Centres allow for the possibility of returning a purchased Pass which was not used by the eligible person (the Pass was not personalised), – at the latest by the closing date of the last active Ski Centre operating within the TATRY SUPER SKI in the winter season when such a Skipass was purchased.

6. Each time TATRY SUPER SKI Pass is issued, a returnable deposit of 2 € per Pass is charged. The deposit is not refundable in case of mechanical damage to the pass.

7. Resale of TATRY SUPER SKI Passes is prohibited. If the data of the original holder of the personalized TATRY SUPER SKI Pass are inconsistent with the person using such Pass, the Time-limited Eligibility on such Pass will be blocked.

V. DISCOUNTS AND REBATES

1. The TATRY SUPER SKI discount pass, according to the price list on www.supertatryski.pl, is available for children and youth up to the age of 15 and seniors aged 65 and over. The TATRY SUPER SKI discount passes are issued on presentation of a document confirming the age and enabling identification of the holder.

2. A child under 120 cm tall may only receive a free TATRY SUPER SKI Pass if an adult taking care of such a child buys a TATRY SUPER SKI Pass for himself or herself. Please note that only one free pass per carer (rule: one carer –one child) can be offered. In such case, the child receives a TATRY SUPER SKI Pass for the same period of validity as the Pass purchased by the adult caring for it. The measurement of a child’s height is taken at the ticket offices in a ski suit together with a helmet (without skis or snowboard).

3. Seniors who are over 75 years of age on the basis of a presented document confirming their age and enabling the identification of the eligible person may purchase the TATRY SUPER SKI Daily Pass at the price of 1 € for each day covered by such Pass.

4. Groups of 20 people or more are entitled to a 10% discount for the purchase of TATRY SUPER SKI Passes. When purchasing Passes with a discount for groups: one in 11 people receives a daily Pass for 1 € for each day covered by such a Pass, and the remaining persons receive a 10% discount on the price list. Groups shall elect from among its members the group leader, i.e. a person representing, on an exclusive basis, all the group
members. Only the group leader is entitled to make declarations of will for the purchase of group passes or their possible return.

5. The terms of periodic discounts and promotions are available at www.tatrysuperski.pl, as well as each time at the ticket offices of the Ski Resorts. Using the TATRY SUPER SKI Pass by an ineligible person (e.g. by a person who is not entitled to a discount) may result in blocking the eligibility. For the avoidance of doubt, a Local Pass cannot be used to exercise the eligibilities arising from the TATRY SUPER SKI Pass.

VI. USE OF SKIDATA GATES

1. The TATRY SUPER SKI Pass should be put into a pocket located on the left side of the dress – in a pocket on the left breast or on the left hand.

2. Items that may interfere with the reading of the TATRY SUPER SKI Pass (e.g. mobile phones, car keys, payment and credit cards, etc.) should be placed on the right side of the dress.

3. When using the gates, only one TATRY SUPER SKI Pass should be carried (no other passes of this type should be nearby at the same time – this may result in activating/personalising eligibilities from another pass of the same type). The Ski Centres belonging to the TATRY SUPER SKI Pass system disclaim liability for consequences resulting from non-compliance with the obligation described in the preceding sentence.

4. A minimum distance of one meter should be maintained in the area of the gate antenna so that the gateway does not read a given eligibility twice, i.e. so that the next person in the queue can exercise their Time-limited Eligibility without interference.

5. Confirmation of the right to pass through the gate and read the pass is signalled by an appropriate message on the reader display and the green light on the gate housing.

6. The red signal light on the gate housing means that it is not allowed to pass through the gate.

7. After passing through the gate, a temporary block of the TATRY SUPER SKI Pass is automatically activated, preventing subsequent persons from using the same TATRY SUPER SKI Pass in order to avoid a situation in which an ineligible person would use such a Pass.

8. The person exercising the Time-limited Eligibility is obliged to pay attention to the beeps and messages displayed on the gateway reader screen and to follow the resulting signals and command messages.

VII. COMPLAINTS AND RETURNS

1. A proof of purchase is required to make a complaint.

2. Complaints related to the TATRY SUPER SKI Pass should be filed at the Customer Service Office of the Ski Centre belonging to the TATRY SUPER SKI Pass system.

3. Complaints shall be dealt with in accordance with the law. The Ski Centre shall respond to the complaint at the latest within 30 days from the date of its receipt.

4. In order to receive a refund due to an accident for which the Ski Centre is not responsible, a copy of the accident report from TOPR/GOPR or a licensed Ski Rescuer must be submitted,

5. If the complaint is justified by the law, the refund of unused Time-limited Eligibilities shall be granted in a manner proportional to the validity of the Pass. The amount of the refund can be converted, with the consent of the user of the TATRY SUPER SKI Pass into a time-limited eligibility corresponding to the period not used due to circumstances for which the Ski Centre is responsible, to be used in the ongoing winter season only in
the area of the Ski Centre (Failure Pass).

6. The refund of the deposit can be obtained at any ticket office and at the self-service return machines located in the Ski Centres, as well as at authorised points of sale.

7. The Ski Centre is not liable for damage caused by force majeure, natural forces, weather conditions, the exclusive fault of the injured party or a third party, for which it is not responsible, including resulting in an interruption in the supply of electricity to the Ski Centre for an uninterrupted period of less than one hour, as well as for any inconvenience that may arise as a result of this, which was not dependent on the action or omission of the Ski Centre.
8. Moreover, interruptions in operation of particular chairlifts or ski lifts may be caused by the need to take actions to ensure proper and safe use of them or by factors independent from the Ski Centre (e.g. weather conditions in which the use of a particular type of equipment may be dangerous for users).

VIII. CONTROL AND SANCTIONS FOR VIOLATION OF TERMS OF USE

1. The SKIDATA electronic system for charging and control of the TATRY SUPER SKI Pass, operating in the Ski Centres, allows for verification of users using the TATRY SUPER SKI Passes. During
passages through the gates, photographs of a user associated with a given TATRY SUPER SKI Pass are recorded, solely for the purpose of authorization control, in order to avoid the use of the TATRY SUPER SKI Pass by an ineligible person, which is a legitimate interest of the Ski Centre. After the end of the validity of the Pass, these photographs are deleted within 31 days.

2. In case of an attempt to use chairlifts or ski lifts of the Ski Centres without proper eligibility or in case of using
the TATRY SUPER SKI Pass by an ineligible person – the possibility of further use of the TATRY SUPER SKI Pass will
be blocked. The TATRY SUPER SKI Pass should be presented at the request of staff or control authorities to verify the eligibility. Refusal to present the pass shall result in blocking the possibility of further use of the TATRY SUPER SKI Pass.

3. Persons disturbing public order or violating the rules in force on the premises of the Ski Centre or generally accepted standards of behaviour will be asked to leave the premises of the Ski Centre, or captured in accordance with applicable laws by a security guard or other employee of the Station in order to hand them over to the Police immediately. In cases specified by law, employees of the Ski Station are entitled to use, within the limits of the law, means of direct coercion to ensure safety.

IX. PERSONAL DATA

In accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), the data collected in connection with the TATRY SUPER SKI Pass are processed by the Ski Centres described in the introduction to these Terms of Use; the Ski Centres are co-controllers of these data. Personal data obtained in connection with the concluded agreement and in the course of its implementation are processed on the basis of Article 6(1)(b), (c) and (f) GDPR, respectively, for the purpose of: implementing the agreement and the obligations
provided for by law (including the handling of complaints); ensuring safety and protection of life and health (including reporting the accident to the emergency services); control and verification of eligibilities – fraud prevention (including reporting such incidents to the police or prosecutor’s office). The data is kept for a period no longer than the period of limitation of claims. The data subject has the right to: demand access to his/her personal data from the co-controllers; to rectify, delete or restrict the processing; to object to the processing; to transfer the data – unless the provisions of GDPR limit these rights; and the right to lodge a complaint with the supervisory authority (President of the Office for Personal Data Protection). The provision of personal data is voluntary; however, in the case of a complaint/request for the return of unused rights, it is necessary for the proper
consideration of the customer’s request and verification of his eligibility. Co-controllers shall not take decisions by automated means within the meaning of GDPR. The co-controllers have established a common point of contact to be contacted for personal data protection issues related to the TATRY SUPER SKI Pass at the following e-mail address: tatrysuperski@gmail.com

We reserve the right to change prices and these Terms of Use with the proviso that the change of the Terms of Use (including prices) applies only to new customers and does not apply to persons who have already concluded an agreement (purchased a Pass).

The Terms of Use are effective as of 10 August 2020.