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Terms and conditions of Bikepark school services for EU citizens and non-EU citizens

Terms and conditions of Bikepark school services for EU citizens

The Finnish Ski Area Association (FSAA) and the Finnish Consumer Ombudsman have negotiated the following terms and conditions for Bikepark school services. The Consumer Ombudsman approved these terms and conditions on 18 October 2019.

1. SCOPE OF APPLICATION

1.1. These terms and conditions apply to consumers who use the services of member companies and organisations of the Finnish Ski Area Association (FSAA), and to Bikepark schools that produce Bikepark services and their personnel. The delivery terms and conditions concern training of various kinds, such as Bikepark, mountain bike and fatbike training.

2. GENERAL PROVISIONS

2.1 The Bikepark school is responsible for ensuring that its instructors are properly trained and possess sufficient skills to provide training.

2.2 The consumer has the right to obtain advance information about the content of training and the equipment required.

2.3 The consumer is responsible for the condition and suitability of their equipment when participating in the Bikepark school’s lessons or courses.

2.4 However, the Bikepark school has the right to cancel a lesson if its personnel state that the consumer’s equipment is not in such a condition that the lesson can be completed safely.

2.5 The consumer shall participate in training at their own risk. The Bikepark school and its instructors must take out third-party liability insurance covering any damage caused by instructors in their work through their error or neglect, verifiably and with intent, to the consumer.

2.6 The Bikepark school is not obligated to take out insurance for the consumer covering any self-inflicted damage.

2.7 Bikepark training may be agreed verbally, in writing or in electronic format. A written agreement shall be prepared for specific separately customised courses, indicating the following information:

2.7.1 The name, business ID and address of the organising Bikepark school

2.7.2 The name, age and address of participants

2.7.3 The course’s scope, duration and fee

2.7.4 With regard to groups, a group agreement may be prepared. The agreement shall be signed by the group leader on behalf of all group members.

2.8 The course fee must be paid no later than in conjunction with the registration. The Bikepark school has the right to collect a booking fee for courses of several days. The booking fee shall be taken into account in full in the final course fee.

3. CANCELLATIONS AND INTERRUPTIONS

3.1 The consumer is responsible for being in the training location agreed at the time agreed with their equipment ready.

3.2 If the consumer cancels their participation in a course no later than fourteen (14) days before the start of the course, the consumer shall be entitled to receive the full booking fee paid beforehand.

3.3. If the consumer cancels their participation in a course later than fourteen (14) days, but no later than twenty-four (24) hours, before the start of the course, the Bikepark school shall be entitled to withhold half the booking fee paid beforehand.

3.4 If the consumer cancels their participation in a course later than twenty-four (24) hours before the start of the course or does not arrive on time at the agreed training location, and the no-show is not the result of the consumer falling ill, the Bikepark school is not obligated to return the booking fee paid beforehand. In addition, the Bikepark school shall have the right to collect the full course fee, less any booking fee.

3.5 If the Bikepark cancels a course because the pre-defined minimum number of students is not reached, or if the course instructor falls ill unexpectedly, and no substitute can be arranged, the Bikepark school is obligated to return the consumer’s booking fee/course fee or arrange a similar course if the parties so agree.

3.6 If a course is cancelled or interrupted due to the consumer falling ill, the whole course or its remaining content may be replaced by a similar course or content if the parties so agree. If a similar course or content cannot be arranged, the consumer shall have the right to receive one third (1/3) of the value of the uncompleted part of the course fee paid beforehand.

3.7 If the pre-defined minimum number of students set for a course cannot be reached due to the consumer falling ill and the consumer’s right to participate may be resold before the start of the course, the consumer shall have the right to receive the booking fee paid beforehand, less any resale costs. A medical certificate or other reliable account of the illness must be prepared on request.

3.8 If a course is cancelled or interrupted for reasons independent of the Bikepark school, such as a power failure, high winds, high rainfall or other comparable reason which was not known before or during the course, the Bikepark school shall attempt to replace the course with similar training content. If a replacement course or content cannot be arranged in a manner suitable for the consumer, the consumer shall be entitled to compensation.

4. PRESENTING CLAIMS

4.1 Any claims related to the services of the Bikepark school must be presented directly to the Bikepark school verbally or in writing immediately or within a reasonable period after the consumer has or should have discovered a defect.

5. DELIVERY TERMS AND CONDITIONS FOR SKIING SERVICES

5.1 Delivery terms and conditions for the Bikepark services with which the consumer is obligated to comply also apply to Bikepark training conditions.

6. APPLICABLE LAWS

The laws of the service location, i.e. the laws of Finland, apply to these terms and conditions.

7. DISPUTES

7.1 Any disputes shall primarily be settled in mutual negotiations between the consumer and the Bikepark school. 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 school 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 ski school services for non-EU citizens

1. SCOPE OF APPLICATION

1.1. These terms and conditions apply to consumers who use the services of member companies and organisations of the Finnish Ski Area Association (FSAA), and to Bikepark schools that produce Bikepark services and their personnel. The delivery terms and conditions concern training of various kinds, such as Bikepark, mountain bike and fatbike training.

2. GENERAL PROVISIONS

2.1 The Bikepark school is responsible for ensuring that its instructors are properly trained and possess sufficient skills to provide training.

2.2 The consumer has the right to obtain advance information about the content of training and the equipment required.

2.3 The consumer is responsible for the condition and suitability of their equipment when participating in the Bikepark school’s lessons or courses.

2.4 However, the Bikepark school has the right to cancel a lesson if its personnel state that the consumer’s equipment is not in such a condition that the lesson can be completed safely.

2.5 The consumer shall participate in training at their own risk. The Bikepark school and its instructors must take out third-party liability insurance covering any damage caused by instructors in their work through their error or neglect, verifiably and with intent, to the consumer.

2.6 The Bikepark school is not obligated to take out insurance for the consumer covering any self-inflicted damage.

2.7 Bikepark training may be agreed verbally, in writing or in electronic format. A written agreement shall be prepared for specific separately customised courses, indicating the following information:

2.7.1 The name, business ID and address of the organising Bikepark school

2.7.2 The name, age and address of participants

2.7.3 The course’s scope, duration and fee

2.7.4 With regard to groups, a group agreement may be prepared. The agreement shall be signed by the group leader on behalf of all group members.

2.8 The course fee must be paid no later than in conjunction with the registration. The Bikepark school has the right to collect a booking fee for courses of several days. The booking fee shall be taken into account in full in the final course fee.

3. CANCELLATIONS AND INTERRUPTIONS

3.1 The consumer is responsible for being in the training location agreed at the time agreed with their equipment ready.

3.2 If the consumer cancels their participation in a course no later than fourteen (14) days before the start of the course, the consumer shall be entitled to receive the full booking fee paid beforehand.

3.3. If the consumer cancels their participation in a course later than fourteen (14) days, but no later than twenty-four (24) hours, before the start of the course, the Bikepark school shall be entitled to withhold half the booking fee paid beforehand.

3.4 If the consumer cancels their participation in a course later than twenty-four (24) hours before the start of the course or does not arrive on time at the agreed training location, and the no-show is not the result of the consumer falling ill, the Bikepark school is not obligated to return the booking fee paid beforehand. In addition, the Bikepark school shall have the right to collect the full course fee, less any booking fee.

3.5 If the Bikepark cancels a course because the pre-defined minimum number of students is not reached, or if the course instructor falls ill unexpectedly, and no substitute can be arranged, the Bikepark school is obligated to return the consumer’s booking fee/course fee or arrange a similar course if the parties so agree.

3.6 If a course is cancelled or interrupted due to the consumer falling ill, the whole course or its remaining content may be replaced by a similar course or content if the parties so agree. If a similar course or content cannot be arranged, the consumer shall have the right to receive one third (1/3) of the value of the uncompleted part of the course fee paid beforehand.

3.7 If the pre-defined minimum number of students set for a course cannot be reached due to the consumer falling ill and the consumer’s right to participate may be resold before the start of the course, the consumer shall have the right to receive the booking fee paid beforehand, less any resale costs. A medical certificate or other reliable account of the illness must be prepared on request.

3.8 If a course is cancelled or interrupted for reasons independent of the Bikepark school, such as a power failure, high winds, high rainfall or other comparable reason which was not known before or during the course, the Bikepark school shall attempt to replace the course with similar training content. If a replacement course or content cannot be arranged in a manner suitable for the consumer, the consumer shall be entitled to compensation.

4. PRESENTING CLAIMS

4.1 Any claims related to the services of the Bikepark school must be presented directly to the Bikepark school verbally or in writing immediately or within a reasonable period after the consumer has or should have discovered a defect.

5. DELIVERY TERMS AND CONDITIONS FOR SKIING SERVICES

5.1 Delivery terms and conditions for the Bikepark services with which the consumer is obligated to comply also apply to Bikepark training conditions.

6. APPLICABLE LAWS

The laws of the service location, i.e. the laws of Finland, apply to these terms and conditions.

7. DISPUTES

7.1 Any disputes shall primarily be settled in mutual negotiations between the consumer and the Bikepark school.

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.