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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. Bachledowa Dolina (Slovakia) (IMMOBAU, s.r.o., registered office: Kuzmányho 839/12, 811 06 Bratislava, Slovak Republic, VAT Reg. no. 2021681618),
  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)

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

The Rules and Regulations also apply in the area of the thermal water and swimming pool center: 1) Bania Water Park (Park Wodny Bania S.A. with its registered office in Białka Tatrzańska (KRS No. [National Court Register]: 0000574785, NIP [Tax No.] 5272744734, REGON [National Business Registry Number] 362500216) 2) Zakopane Aquapark (Spółka POLSKIE TATRY S.A. registered office: ul. Droga Do Białego 7 C, 34 – 500 Zakopane KRS No. [National Court Register] 0000105395)

collectively referred to in the Rules and Regulations as: “Swimming Pools” and individually as the “Swimming Pool”.

I. DEFINITIONS

TATRY SUPER SKI Pass (Pass) – the term entitlement enabling, during its validity period, the use of an unlimited number of chair lift rides with cableways and ski lifts of the Ski Resorts belonging to the TATRY SUPER SKI system (referred to in the Rules and Regulations as ‘railways and lifts’ respectively), which are available and active at the time of exercising these rights, subject to rules set out in the Regulations. 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 Personalisation of the Card, only on the day on which it occurred, but not longer than until the closing time of the Ski Resort on that day;

b) Day Pass – is valid for the number of consecutive days specified on the Pass, counted from the moment of Card Activation, regardless of the hour, when it occurred, but not longer than until the closing time of the Ski Resort on the last day of validity of the Pass,

1. Package Pass – is a Term Entitlement (hourly or daily) enabling the use of cableways and other lifts of the Ski Resorts and the offer of services of other entities (e.g. Swimming Pools), which cooperate under the Tatry Super Ski project;

2. 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;

3. Card – carrier of Term Entitlement resulting from the purchased TATRY SUPER SKI Pass. The Card is in the form of a RFID Skidata KeyCard or another SkiData transponder. The card is reusable and allows recording and storing information about the Term Entitlement;

4. Local Pass – a term entitlement other than the SUPER SKI TATRY Pass entitling to use the infrastructure of a given Ski Resort in accordance with its internal terms and conditions.

5. TATRY SUPER SKI Card – a card with a stored Term Entitlement resulting
from the purchased TATRY SUPER SKI Pass, assigned to a specific user after its Personalisation and enabling the use of the Term Entitlement resulting from the TATRY SUPER SKI Pass.

6. Term Entitlement – an entry in the access control system, which, after its activation on the Card, enables the use of services resulting from the purchased TATRY SUPER SKI Pass.

7. Card Activation – the act of recording a Term Entitlement on the Card at the request of the entitled person and at the same time issuing the so activated TATRY SUPER SKI Card to the entitled person.

8. Card Personalisation – the act of assigning a specific TATRY SUPER SKI Card to a specific user, which takes place when the TATRY SUPER SKI Card is closed for the first time to the gate reader at the chairlift or ski lift entrance in the Ski Resort.

II. GENERAL PROVISIONS

1. All persons stepping on the premises of the Ski Resort and Swimming Pool are obliged to read these Rules and Regulations and comply with its provisions.

2. The Rules and Regulations specify the rules for using the TATRY SUPER SKI Pass in the Ski Resorts, which belong to the TATRY SUPER SKI system, and the rules for additional use of the Package Pass at swimming pools. The condition of using the Pass is having a Card, on which the Term Entitlement will be recorded.

3. Subject to terms of the Rules and Regulations, the TATRY SUPER SKI Card entitles you to use the available and open railways and ski lifts during the opening hours of individual Ski Resorts. The opening hours of individual railways and ski lifts differ and may change during the season. The start and end date of the winter season, a/o due to weather conditions, may be different for individual Ski Resorts. Information about the current opening hours of individual Stations is provided, among others. on the website www.tatrysuperski.pl. The availability rules of ski resorts and Swimming Pools for the Package Card are set out in Section V below.

4. Information about the chairlifts and ski lifts of Ski Resorts currently available on a given day can be found on the information board located on the premises of each of the Ski Resorts.

5. The entitled person decides at what point in time the Card will be activated and bears the related legal consequences. In case of changing the place of use of the TATRY SUPER SKI Card, the entitled person should first check the availability and opening hours of the ski and chair lifts of the Ski Resort, where he is heading to, and it is recommended that he also takes into account the period of validity of the Term Entitlements stored on this card and the time of arrival at the Ski Resort and preparation for the entrance to the slope. Ski Resorts belonging to the TATRY SUPER SKI system stipulate that the availability of individual ski trails or chairlifts and ski lifts located in the Ski Resorts area may be temporarily excluded from customers’ use in the case of the organisation of ski competitions, events or trainings for organised ski groups (temporary limitation of availability) – in this case the participants of competitions or organised ski groups will be given priority to the use of cable transport equipment.

6. These Terms and Conditions apply to all types of the TATRY SUPER SKI Passes.

III. TICKET OFFICES

1. The Passes available within the TATRY SUPER SKI offer can be purchased only at the ticket offices of the Ski Resorts, at authorised points of sale and on the website www.tatrysuperski.pl.

2. Cards, on which the Term Entitlements are stored, resulting from the purchased TATRY SUPER SKI Pass, are the property of the Ski Resorts.

3. VAT invoice for the purchased Ski Pass can be obtained only on the basis of the proof of purchase in the area of the Ski Resort, where the Ski Pass was purchased, in accordance with the rules of law. Return deposit for the Card is not documented by the VAT Invoice.

4. At the ticket offices of the Ski Resorts located in Poland, one may pay with payment cards or cash in the Polish zloty currency (PLN). In Slovakia, on the other hand, with payment cards or cash in the EURO currency.

5. In a justified case, to the extent provided by law and for safety reasons of persons using the infrastructure of the Ski Resort, the seller may refuse to sell the Ski Pass, and the Ski Resort may refuse to provide the service (e.g. if the purchaser is under the influence of alcohol or other intoxicants).

IV. TATRY SUPER SKI CARD

1. The only person authorised to use the TATRY SUPER SKI Card during its validity period is the person who personalised it.

2. Information about the validity period of the Pass is always displayed on the screen of the gate reader of chairlift or ski lift at the Ski Resort. Information about the type of coded Term Entitlement is printed on the TATRY SUPER SKI Card when it is issued at the Ski Resorts’ ticket offices.

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

4. It is not possible to change, extend or postpone the period of validity of the Term Entitlement resulting from the Pass after its commencement.

5. Ski Resorts allowed the return of the Pass purchased, which the authorised person did not use – at the latest by the closing date of the last active Ski Resort operating within the framework of TATRY SUPER SKI in the winter season in which the Ski Pass was purchased.

6. Each time the TATRY SUPER SKI Card is issued, a returnable deposit in the amount of PLN 10 per Card is collected. The deposit is not refundable in case of mechanical damage to the card.

7. Resale of the TATRY SUPER SKI Cards is prohibited. In the event that the data of the original TATRY SUPER SKI personalised Card holder does not match the successor card holder, the Term Entitlement on this Card will be blocked.

V. PACKAGE CARD

1. All provisions regarding the rules of use of the Tatry Super Ski Card also remain valid in respect of the Package Card, subject to the following regulations.

2. Package Card- Card with the recorded entitlement of the TATRY SUPER SKI card, as well as entitlement to use the Swimming Pools cooperating under the TATRY SUPER SKI project.

3. Detailed information on which rights and at which Pools in the territory of Podhale you can use the Package Card is provided on the price list of TATRY SUPER SKI

4. The price of Package Cards provided in the price list is the total price for using the Ski Resorts and selected Swimming Pools

5. Entry to the Swimming Pools offered with the Package Card is a service that entitles you to use the Swimming Pool for 3 hours, while entry to the Swimming Pool is only possible from 09.00 am to 12.00 am. Entering the Pool is not possible after 12.00 am. The Card allows to use the Swimming Pool for 3 hours, e.g. entering the Swimming Pool at 11.00 am allows the use of the Swimming Pool until 2.00 pm. The entitlement may be exercised from the date of purchase until 30 April 2020.

6. The package offer applies to three types of entitlements: a) 4h + 3h term entitlement on the Swimming Pool, b) term entitlement (3 of 5 days) + two entries after 3 hours of the Swimming Pool, c) term entitlement (5 of 7 days) + two entries after 3 hours of the Swimming Pool.

7. By choosing the Package Pass, the rightholder has an option to freely choose the Ski Resort and the Swimming Pool, where he/she will exercise his/her entitlement, subject to the following limitations:

a) 4h + 3h term entitlement on the Swimming Pool can be

i. purchased in the abovementioned ski resorts, excluding points 12 – 15, i.e. excluding PKL – Palenica – Szczawnica, PKL – Mosorny Groń – Zawoja Bachledowa Dolina (Slovakia) Thermal Park Orava (Slovakia)

ii. used in all Polish ski resorts indicated above, excluding Zawoja Bachledowa Dolina (Slovakia) and Thermal Park Orava (Slovakia)

iii. used in Park Wodny Bania [Bania Waterpark] and Aquapark Zakopane

b) the term entitlement (3 of 5 days) + two 3-hour entries to the Swimming Pool and the term entitlement (5 of 7 days) + two 3-hour entries to the Swimming Pool can be:

i. purchased in the abovementioned ski resorts, excluding points 12 – 13, i.e. excluding PKL – Palenica – Szczawnica, PKL – Mosorny Groń – Zawoja

ii. used in all Polish and Slovak ski resorts indicated above

iii. used in Park Wodny Bania [Bania Waterpark] and Aquapark Zakopane

8. By choosing the Package Pass, the rightholder has an option to freely choose the Ski Resort and the Swimming Pool, where he/she will exercise his/her entitlement. The use of the Pool is performed in accordance with the regulations in force for this Swimming Pool.

9. To use the Swimming Pool entitlement, go to the Customer Service Point and present a Package Card with a valid entitlement on the use of Swimming Pool. After verification the entitlement will be exercised in the service system, which is applicable in the Swimming Pool chosen by the Package Card holder.

10. Activation of the Package Pass is performed by activating the Card at the reader of the Ski Resort or the Swimming Pool, and it results in the activation of the entire service, excluding the possibility of returning the unused part of the Pass. 11. If the Swimming Pool, due to technical reasons, is not able to provide the service for an entitled person on the basis of the submitted Package Card – it is obliged to issue the authorized person a pass and enable him/her to use the Swimming Pool in the same time scope, but at a different time than that resulting from the Package Pass.

VI. CONCESSIONS AND DISCOUNTS

1. Reduced TATRY SUPER SKI Pass according to the price list at www.tatrysuperski.pl is valid for children under 11 years of age (Pass: Children under 10 years of age), youth from 11 years of age but under 16 years of age (Pass: Junior from 11 to 15 years of age) and seniors from 65 years of age (Pass: Senior from 65 to 74 years of age and Pass: Super Senior from 75 years of age). Reduced TATRY SUPER SKI Passes are issued on presentation of a document confirming age and enabling identification of the holder.

2. A child under 120 cm in height may receive the TATRY SUPER SKI Pass free of charge only if the adult taking care of such a child purchases the TATRY SUPER SKI Pass for himself at the same time. It shall be explained that there is only one free Pass per caretaker (rule: one caretaker – one child). In this case, the child receives the TATRY SUPER SKI Pass for the same period of validity as the Pass purchased by a person of legal age who takes care of the child. The child’s height is measured 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 identification of the entitled person may purchase the TATRY SUPER SKI Day Pass at the price of 5 PLN for each day covered by such a Pass.

4. Groups from 20 people are entitled to a 10% discount on the purchase of the TATRY SUPER SKI Passes. When buying Passes with a discount for groups: one in 11 persons receives a Day Pass at the price of PLN 5 for each day covered by such a Pass, and the remaining persons receive a 10% discount from the price list.

5. Regulations of periodical discounts and promotions are available on the website: www.tatrysuperski.pl, as well as each time at the ticket offices of the Ski Resorts. The use of the TATRY SUPER SKI Card by an unauthorised person (e.g. by a person who is not entitled to a discount) may result in the blocking of the right to use it. In order to clarify any doubts, it shall be explained that the Local Card cannot be used to exercise the rights resulting from the TATRY SUPER SKI Card.

6. Discounts provided for the Super senior category, the category of child under 120 cm of height, group purchases do not apply to Package Passes.

VII. USE OF THE SKIDATA GATES

1. The TATRY SUPER SKI Card shall be inserted into a pocket located on the left side of the garment – in the pocket on the left breast or on the left hand.

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

3. When using the gates, only one TATRY SUPER SKI Card must be carried (one cannot carry other cards of this kind either – this may result in activating/personalising entitlements from another card). Ski Resorts belonging to the TATRY SUPER SKI Card system are not responsible for the consequences of failure to comply with the obligation described in the preceding sentence.

4. In the antenna field of the gateway, a minimum distance of one meter must be maintained so that the gateway does not read the entitlement twice, i.e. so that the next person in the queue can use their Term Entitlement without interference.

5. Confirmation of the right to pass through the gate and reading the card is signaled by an appropriate message on the screen of the reader and the green light on the gate housing lighting up.

6. If the red signal light on the gateway housing lights up, it is forbidden to pass through the gate.

7. After passing through the gate, the temporary blocking of the TATRY SUPER SKI Card is automatically activated, preventing the same TATRY SUPER SKI Card from being used by other persons – in order to avoid a situation in which an unauthorised person would use such a card.

8. A person using Term Entitlement is obliged to pay attention to the audible signals and messages displayed on the gate reader screen and to comply with the resulting signals and command messages.

VIII. COMPLAINTS AND REFUNDS

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

2. Complaints related to the TATRY SUPER SKI Card should be submitted to the Customer Service Office of the Ski Resort belonging to the TATRY SUPER SKI Card system.

3. Complaints will be dealt with in accordance with the provisions of law. The Ski Resort shall respond to the complaint within thirty days from the date of its receiving.

4. In order to receive a refund in connection with an accident, for which the Ski Resort or the Swimming Pool is not liable, a copy of the accident report of Tatra Volunteer Search and Rescue (TOPR)/Mountain Volunteer Rescue Service (GOPR) or of an authorized Ski or Water Lifeguard should be submitted.

5. In case the complaint is justified under the provisions of law, the return of unused Term Entitlements is granted in a manner proportional to the validity of the Pass. With the consent of the user of the TATRY SUPER SKI Card, the amount of the refund can be converted into a temporary entitlement, corresponding to a period of time not used due to circumstances for which the Ski Resort is responsible, to be used in the current winter season exclusively in the area of this Ski Resort (Breakdown Card).

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

7. Ski Resort is not responsible for damages caused by force majeure, forces of nature, weather conditions, exclusive fault of the injured or a third party for which it is not responsible, including resulting in an interruption in power supply to this Ski Resort lasting continuously for less than one hour, as well as for any inconvenience, which will result from this, and the occurrence of which was not dependent on the action or nonfeasance of the Ski Resort.

8. In addition, interruptions in the operation of individual chairlifts or ski lifts may be caused by the need to take action to ensure proper and safe use of them or factors independent of the Ski Resort (e.g. weather conditions in which the use of a given type of equipment may be dangerous for the users).

9. For the Package Passes, refunds are not applicable, except when the card has not been activated or the holder has suffered an accident, when making use of the Ski Resort or the Swimming Pool, which prevents him/her from continuing to use the Entitlement.

IX. CONTROL AND SANCTIONS FOR BREACHES OF THE TERMS AND CONDITIONS

1. The SKIDATA electronic system operating in the Ski Resorts and used to collect fees and control the TATRY SUPER SKI Card allows for verification of users using the TATRY SUPER SKI Cards. While passing through the gates, photos of the user associated with the TATRY SUPER SKI Card are recorded for the sole purpose of controlling the rights, in order to avoid the use of the TATRY SUPER SKI Card by an unauthorised person, which is a legitimate interest of the Ski Resort. These photos are removed within 31 days after the end of the validity of the Pass.

2. For an attempt to use chairlifts or ski lifts of the Ski Resorts without proper authorisation or in case of using the TATRY SUPER SKI Card by an unauthorised person – the possibility of further use of the TATRY SUPER SKI Card will be blocked. The TATRY SUPER SKI Card shall be presented for verification of entitlement, if requested by staff or control bodies. Refusal to show the Card will result in blocking the possibility of further use of the TATRY SUPER SKI Card.

3. Persons disturbing public order or violating the rules applicable at the Ski Resort or the Swimming Pool or commonly accepted standards of behavior, will be removed from the Ski Resort or the Swimming Pool, or taken in, in accordance with applicable laws, by a security guard in order to hand them over immediately to the Police. In cases specified in statutory provisions, security guards have the right to use direct coercive means to ensure safety.

X. PERSONAL DATA
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) the data obtained in connection with the TATRY SUPER SKI Pass shall be processed by Ski Resorts described in the introduction to the Terms and Conditions, which are co-administrators of these data. The personal data obtained in connection with conclusion of an agreement and in the course of its implementation shall be processed on the basis of Article 6, paragraph 1, points “b”, “c” and “f” of the GDPR respectively for the purpose of: implementation of the agreement and obligations provided for by law (including complaint handling); ensuring safety and protection of life and health (including reporting an accident to emergency services); control and verification of rights – preventing fraud (including reporting such incidents to the police or the public prosecutor’s office). Personal data are stored for no longer than the period of limitations on claims. The data subject has the right to: demand from the co-administrators the access to personal data; their rectification, erasure or restriction of the processing; raise objection to the processing; transferring the data – provided that the provisions of the GDPR do not limit these rights; as well as the right to lodge a complaint to the supervisory authority (the President of the Personal Data Protection Office). Providing personal data is voluntary, however, in the case of a complaint/request to return unused rights it is necessary to properly consider the customer’s request and verify his entitlement. The co-administrators shall not take decisions by automated means within the meaning of the GDPR. The coadministrators have established a common contact point that may be contacted for the protection of personal data relating to the TATRY SUPER SKI term card at the following e-mail address: tatrysuperski@gmail.com.

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

The Rules and Regulations shall be effective as of 25 October 2019.