Terms and conditions of Bikepark services for EU citizens and non-EU citizens
Terms and conditions of Bikepark services for EU citizens
The Finnish Ski Area Association (FSAA) and the Finnish Consumer Ombudsman have negotiated the following terms and conditions. The Consumer Ombudsman approved these terms and conditions on 31 December 2010. These terms and conditions were revised on 18 October 2019.
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to the provision, purchase, implementation and use of the Bikepark services provided by member resorts of the Finnish Ski Area Association (FSAA) for consumers, and to the settlement of any disputes arising from these services. Bikepark services cover downhill biking on tracks and in service areas constructed and maintained for this purpose by the member resorts of the FSAA and the transportation of riders to these tracks and service areas by lift.
1.2. Bikepark services in accordance with these terms and conditions are provided, for example, at:
- ticket offices
- track areas
- aerial lifts intended for passenger transport, including their tracks and structures (“lifts”)
- other areas intended for the production of Bikepark services, such as designated downhill tracks, freeride courses, junior riders’ areas, special venues and areas reserved for other uses (“other service areas”)
1.3 These terms and conditions do not apply to slope restaurant, camping (trailer) or accommodation services.
1.4 Equipment rentals are covered by separate terms and conditions.
2. GENERAL PROVISIONS
2.1 All lifts must fulfil currently valid safety requirements, and be inspected and approved by the appropriate authorities.
2.2 Tracks and other service areas must be clearly visible or marked. They must be in satisfactory condition, considering weather and terrain conditions. Bikepark personnel have the right to also maintain tracks and other service areas during the Bikepark’s opening hours.
2.3 The resort personnel have the right to open or close the Bikepark, lift, track or other service area on the basis of weather conditions or the number of users. In these situations, the consumer’s right to receive compensation is determined in accordance with Section 6 of these terms and conditions.
2.4 Riding a bike on tracks and the use of other Bikepark services takes place at the consumer’s own risk. The consumer’s legal guardian may also be responsible for all risks. The consumer is obligated to behave in the Bikepark area in a manner that causes no danger to themselves or to others using the Bikepark area. Before starting to use services, the consumer is obligated to assess their own ability to use the services. In particular, the customer must be familiar with the slope rules related to Bikepark services.
2.5 The consumer is responsible for the condition and safety of their own equipment, and its suitability for Bikepark services.
2.6 When inside the Bikepark area and when using Bikepark services, the consumer is obligated to comply with these terms and conditions. The Bikepark is obligated to announce any restrictions on the use of the Bikepark area on its website and in the Bikepark, and to mark any hazardous areas as recommended by the Finnish Safety and Chemicals Agency.
2.7 The consumer is obligated to follow any instructions given by the personnel regarding the proper use of tracks, other service areas and equipment, and the use of lifts and safe clothing. By giving information to consumers, the personnel aim to minimise risks and avoid interruptions.
2.8 The personnel have the right to prevent the consumer from using Bikepark services if the consumer fails to comply with these terms and conditions, and any instructions given by the personnel, or if the consumer, through their behaviour, endangers public safety, disturbs public order or behaves in a disorderly fashion.
2.9 If the consumer stains or breaks Bikepark equipment through intent or negligence, the consumer is obligated to pay compensation to the ski resort and any third parties for the losses caused.
2.10 If a lift, slope or other service area does not fulfil the aforementioned safety regulations, the Bikepark shall be responsible for any losses caused to the consumer or their property that are not caused by the consumer.
3. LOST PROPERTY
3.1 If the consumer finds an item lost by another consumer in the Bikepark service area, the consumer is obligated to return it immediately to Bikepark personnel. Any lost property shall be handled in accordance with the Lost Property Act.
4. PRICES OF SERVICES, INFORMATION ABOUT LIFTS AND TRACKS
4.1 The Bikepark is obligated to publish a service price list or otherwise give a notification of prices. The price list or notification must present information clearly about the prices and validity periods of different tickets.
4.2 The Bikepark is obligated to indicate the location and type of lifts, tracks and other services areas, and the level of difficulty and number of tracks in its price list or brochure. The level of difficulty must be indicated using colour codes, including a legend in the price list or brochure.
4.3 The official name, address and telephone number of the Bikepark must be indicated in a printed brochure or on the ski resort’s website.
5. VALIDITY OF SKI LIFT PASSES AND OTHER TICKETS FOR BIKEPARK SERVICES
5.1 The Bikepark has the right to sell different types of lift pass and other ticket mentioned in the price list (“tickets”). An agreement is deemed to be established when an offer is approved and a payment is made, or a financial obligation is signed.
5.2 Tickets are valid during the Bikepark’s opening hours indicated in the price list. The Bikepark may extend the validity period.
5.3 The Bikepark may use tickets based on the number of ascents or time-based tickets.
5.4 A corporate card entitles its holder to use services during the period indicated on the card. The corporate card may be used by pre-defined persons from the specific organisation or users of the holiday home owned by the specific organisation as indicated separately. The corporate card may not be resold without the service provider’s consent.
5.5 In addition, the Bikepark may use an area or site pass, which entitles its holder to use services in the areas and locations indicated on the pass during the validity of the pass.
5.6 The validity period of the tickets defined in Sections 5.3, 5.4 and 5.5 may also be marked with a barcode. The consumer has the right to check the ticket validity period from the Bikepark personnel.
5.7 Tickets are personal, unless otherwise indicated separately. They may not be given to other people. The subleasing of corporate cards is forbidden. In the event of any misuse, the Bikepark has the right to invalidate or confiscate the ticket.
5.8 The user of a lift pass must be able to prove their right of use. The ticket must always be carried when using lift services, and it must be presented when entering a lift. The Bikepark personnel have the right to check the validity of ski passes in the ski resort’s service area.
5.9 To compensate for losses arising from any misuse, the Bikepark has the right to collect a reasonable fee, indicated beforehand, as compensation from the consumer immediately after discovering the misuse.
6. THE CUSTOMER’S RIGHT TO RECEIVE COMPENSATION
6.1 No compensation shall be paid for any misplaced ticket.
6.2 No compensation shall be paid for any ticket invalidated or confiscated by the Bikepark personnel.
6.3 Any remaining validity period of a ticket shall not be compensated if the consumer voluntarily stops using services during the ticket validity period.
6.4 If the ticket holder is unable to use their ticket due to an illness or injury over at least one third (1/3) of the ticket validity period, they shall have the right to receive compensation. If requested, the ticket holder must prove their illness or injury by presenting a medical certificate or other reliable account.
6.5 If the use of a lift, track or other service area is interrupted, the ticket holder shall be entitled to receive compensation, with the restrictions stated in Sections 6.7 and 6.8.
6.6 Compensation must be equal to the remaining unused period of the ticket’s validity. Compensation shall primarily be given by extending the validity of the ticket or by granting a voucher for later use for an equal duration. The consumer also has the right to receive financial compensation on request.
6.7 No right to receive compensation exists
6.7.1 if the interruption is temporary and brief, or caused by repairs and maintenance that may not be postponed for safety reasons; or
6.7.2 if the interruption is caused by reasons independent of the personnel, such as a power failure, high winds or rainfall, excessively low temperatures, fog or other comparable reason, which the parties were not aware of at the time of purchasing the ticket, or the consequences of which the personnel could not have prevented.
6.8 The Bikepark personnel have the right to close a lift and/or track and/or other service area during the ticket validity period for the aforementioned reasons. In this case, the ticket holder shall not be entitled to receive compensation if, despite the closed lift and/or track and/or other service area, the Bikepark still offers a sufficient number of other lifts, tracks and other service areas. The consumer must be informed at the time of purchase of any irregular numbers of lifts and tracks, and the opening hours of other service areas.
6.9 The Bikepark has the right to define which routes and areas are open. If the Bikepark cannot offer a suitable number of other lifts, routes and service areas for the reasons stated in Section 6.7, the ticket holder shall be entitled to receive compensation, provided that the interruption is longer than one third (1/3) of the ticket validity period.
6.10 The Bikepark is not obligated to pay compensation other than that stated above for any harm or losses arising from the partial or full interruption of ski resort operations unless the interruption was caused by the Bikepark’s negligence.
7. INSURANCE
7.1 The Bikepark must take out third-party liability insurance covering any damage caused by the Bikepark to the customer verifiably and with intent.
7.2 The Bikepark is not obligated to take out insurance for the customer covering any self-inflicted damage. Any accident insurance and its validity period included in the ticket shall be indicated separately.
7.3 The consumer is obligated, before arriving at the Bikepark service area, to ensure that their insurance cover is valid.
8. PRESENTING CLAIMS
8.1 Any claims related to Bikepark services must be presented to the ski resort’s personnel. These claims may be presented verbally or in writing. The consumer may not appeal an error in the service unless they notify the service provider or ski resort personnel of the error within a reasonable period after the consumer identified or should have identified the error. The service provider or ski resort personnel must be notified of any errors that can be fixed during the service period as soon as possible.
8.2 Other claims for compensation must be presented within a reasonable period of the original incident.
9. CHANGES TO THESE TERMS AND CONDITIONS
9.1 The Bikepark may also change these terms and conditions, as well as service fees during the season if these changes are based on new or amended laws, official regulations or unexpected changes in conditions (unusual natural disaster, international crisis or major accident).
9.2 These terms and conditions, and any changes to them, must be presented to the consumer at the locations where Bikepark services are sold.
10. APPLICABLE LAWS
The laws of the service location, i.e. the laws of Finland, apply to these terms and conditions.
10. DISPUTES
Any disputes shall primarily be settled in mutual negotiations between the consumer and the Bikepark. If the parties are unable to negotiate a settlement, the consumer may refer the case to the Consumer Disputes Board (www.kuluttajariita.fi/en) or to the district court of their place of residence. Before the case can be referred to the Consumer Disputes Board, the consumer must contact the Consumer Advisory Services (www.kkv.fi/en/consumer-advice) of the Finnish Competition and Consumer Authority. If the Bikepark takes legal action, the place of jurisdiction must be the district court of the consumer’s place of residence inside the EU.
If there are any disputes, the terms and conditions in their original language shall apply.
Terms and conditions of Bikepark services for non-EU citizens
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to the provision, purchase, implementation and use of the Bikepark services provided by member resorts of the Finnish Ski Area Association (FSAA) for consumers, and to the settlement of any disputes arising from these services. Bikepark services cover downhill biking on tracks and in service areas constructed and maintained for this purpose by the member resorts of the FSAA and the transportation of riders to these tracks and service areas by lift.
1.2. Bikepark services in accordance with these terms and conditions are provided, for example, at:
- ticket offices
- track areas
- aerial lifts intended for passenger transport, including their tracks and structures (“lifts”)
- other areas intended for the production of Bikepark services, such as designated downhill tracks, freeride courses, junior riders’ areas, special venues and areas reserved for other uses (“other service areas”)
1.3 These terms and conditions do not apply to slope restaurant, camping (trailer) or accommodation services.
1.4 Equipment rentals are covered by separate terms and conditions.
2. GENERAL PROVISIONS
2.1 All lifts must fulfil currently valid safety requirements, and be inspected and approved by the appropriate authorities.
2.2 Tracks and other service areas must be clearly visible or marked. They must be in satisfactory condition, considering weather and terrain conditions. Bikepark personnel have the right to also maintain tracks and other service areas during the Bikepark’s opening hours.
2.3 The resort personnel have the right to open or close the Bikepark, lift, track or other service area on the basis of weather conditions or the number of users. In these situations, the consumer’s right to receive compensation is determined in accordance with Section 6 of these terms and conditions.
2.4 Riding a bike on tracks and the use of other Bikepark services takes place at the consumer’s own risk. The consumer’s legal guardian may also be responsible for all risks. The consumer is obligated to behave in the Bikepark area in a manner that causes no danger to themselves or to others using the Bikepark area. Before starting to use services, the consumer is obligated to assess their own ability to use the services. In particular, the customer must be familiar with the slope rules related to Bikepark services.
2.5 The consumer is responsible for the condition and safety of their own equipment, and its suitability for Bikepark services.
2.6 When inside the Bikepark area and when using Bikepark services, the consumer is obligated to comply with these terms and conditions. The Bikepark is obligated to announce any restrictions on the use of the Bikepark area on its website and in the Bikepark, and to mark any hazardous areas as recommended by the Finnish Safety and Chemicals Agency.
2.7 The consumer is obligated to follow any instructions given by the personnel regarding the proper use of tracks, other service areas and equipment, and the use of lifts and safe clothing. By giving information to consumers, the personnel aim to minimise risks and avoid interruptions.
2.8 The personnel have the right to prevent the consumer from using Bikepark services if the consumer fails to comply with these terms and conditions, and any instructions given by the personnel, or if the consumer, through their behaviour, endangers public safety, disturbs public order or behaves in a disorderly fashion.
2.9 If the consumer stains or breaks Bikepark equipment through intent or negligence, the consumer is obligated to pay compensation to the ski resort and any third parties for the losses caused.
2.10 If a lift, slope or other service area does not fulfil the aforementioned safety regulations, the Bikepark shall be responsible for any losses caused to the consumer or their property that are not caused by the consumer.
3. LOST PROPERTY
3.1 If the consumer finds an item lost by another consumer in the Bikepark service area, the consumer is obligated to return it immediately to Bikepark personnel. Any lost property shall be handled in accordance with the Lost Property Act.
4. PRICES OF SERVICES, INFORMATION ABOUT LIFTS AND TRACKS
4.1 The Bikepark is obligated to publish a service price list or otherwise give a notification of prices. The price list or notification must present information clearly about the prices and validity periods of different tickets.
4.2 The Bikepark is obligated to indicate the location and type of lifts, tracks and other services areas, and the level of difficulty and number of tracks in its price list or brochure. The level of difficulty must be indicated using colour codes, including a legend in the price list or brochure.
4.3 The official name, address and telephone number of the Bikepark must be indicated in a printed brochure or on the ski resort’s website.
5. VALIDITY OF SKI LIFT PASSES AND OTHER TICKETS FOR BIKEPARK SERVICES
5.1 The Bikepark has the right to sell different types of lift pass and other ticket mentioned in the price list (“tickets”). An agreement is deemed to be established when an offer is approved and a payment is made, or a financial obligation is signed.
5.2 Tickets are valid during the Bikepark’s opening hours indicated in the price list. The Bikepark may extend the validity period.
5.3 The Bikepark may use tickets based on the number of ascents or time-based tickets.
5.4 A corporate card entitles its holder to use services during the period indicated on the card. The corporate card may be used by pre-defined persons from the specific organisation or users of the holiday home owned by the specific organisation as indicated separately. The corporate card may not be resold without the service provider’s consent.
5.5 In addition, the Bikepark may use an area or site pass, which entitles its holder to use services in the areas and locations indicated on the pass during the validity of the pass.
5.6 The validity period of the tickets defined in Sections 5.3, 5.4 and 5.5 may also be marked with a barcode. The consumer has the right to check the ticket validity period from the Bikepark personnel.
5.7 Tickets are personal, unless otherwise indicated separately. They may not be given to other people. The subleasing of corporate cards is forbidden. In the event of any misuse, the Bikepark has the right to invalidate or confiscate the ticket.
5.8 The user of a lift pass must be able to prove their right of use. The ticket must always be carried when using lift services, and it must be presented when entering a lift. The Bikepark personnel have the right to check the validity of ski passes in the ski resort’s service area.
5.9 To compensate for losses arising from any misuse, the Bikepark has the right to collect a reasonable fee, indicated beforehand, as compensation from the consumer immediately after discovering the misuse.
6. THE CUSTOMER’S RIGHT TO RECEIVE COMPENSATION
6.1 No compensation shall be paid for any misplaced ticket.
6.2 No compensation shall be paid for any ticket invalidated or confiscated by the Bikepark personnel.
6.3 Any remaining validity period of a ticket shall not be compensated if the consumer voluntarily stops using services during the ticket validity period.
6.4 If the ticket holder is unable to use their ticket due to an illness or injury over at least one third (1/3) of the ticket validity period, they shall have the right to receive compensation. If requested, the ticket holder must prove their illness or injury by presenting a medical certificate or other reliable account.
6.5 If the use of a lift, track or other service area is interrupted, the ticket holder shall be entitled to receive compensation, with the restrictions stated in Sections 6.7 and 6.8.
6.6 Compensation must be equal to the remaining unused period of the ticket’s validity. Compensation shall primarily be given by extending the validity of the ticket or by granting a voucher for later use for an equal duration. The consumer also has the right to receive financial compensation on request.
6.7 No right to receive compensation exists
6.7.1 if the interruption is temporary and brief, or caused by repairs and maintenance that may not be postponed for safety reasons; or
6.7.2 if the interruption is caused by reasons independent of the personnel, such as a power failure, high winds or rainfall, excessively low temperatures, fog or other comparable reason, which the parties were not aware of at the time of purchasing the ticket, or the consequences of which the personnel could not have prevented.
6.8 The Bikepark personnel have the right to close a lift and/or track and/or other service area during the ticket validity period for the aforementioned reasons. In this case, the ticket holder shall not be entitled to receive compensation if, despite the closed lift and/or track and/or other service area, the Bikepark still offers a sufficient number of other lifts, tracks and other service areas. The consumer must be informed at the time of purchase of any irregular numbers of lifts and tracks, and the opening hours of other service areas.
6.9 The Bikepark has the right to define which routes and areas are open. If the Bikepark cannot offer a suitable number of other lifts, routes and service areas for the reasons stated in Section 6.7, the ticket holder shall be entitled to receive compensation, provided that the interruption is longer than one third (1/3) of the ticket validity period.
6.10 The Bikepark is not obligated to pay compensation other than that stated above for any harm or losses arising from the partial or full interruption of ski resort operations unless the interruption was caused by the Bikepark’s negligence.
7. INSURANCE
7.1 The Bikepark must take out third-party liability insurance covering any damage caused by the Bikepark to the customer verifiably and with intent.
7.2 The Bikepark is not obligated to take out insurance for the customer covering any self-inflicted damage. Any accident insurance and its validity period included in the ticket shall be indicated separately.
7.3 The consumer is obligated, before arriving at the Bikepark service area, to ensure that their insurance cover is valid.
8. PRESENTING CLAIMS
8.1 Any claims related to Bikepark services must be presented to the ski resort’s personnel. These claims may be presented verbally or in writing. The consumer may not appeal an error in the service unless they notify the service provider or ski resort personnel of the error within a reasonable period after the consumer identified or should have identified the error. The service provider or ski resort personnel must be notified of any errors that can be fixed during the service period as soon as possible.
8.2 Other claims for compensation must be presented within a reasonable period of the original incident.
9. CHANGES TO THESE TERMS AND CONDITIONS
9.1 The Bikepark may also change these terms and conditions, as well as service fees during the season if these changes are based on new or amended laws, official regulations or unexpected changes in conditions (unusual natural disaster, international crisis or major accident).
9.2 These terms and conditions, and any changes to them, must be presented to the consumer at the locations where Bikepark services are sold.
10. APPLICABLE LAWS
The laws of the service location, i.e. the laws of Finland, apply to these terms and conditions.
10. DISPUTES
Any disputes shall primarily be settled in mutual negotiations between the consumer and the Bikepark.
Any disputes between the resort and a consumer whose place of residence is outside the EU must be settled in the district court of the service provider’s domicile.
If there are any disputes, the terms and conditions in their original language shall apply.
