Terms of Service: Bikepark.
The Bikepark services are governed by standard contract terms.
The Finnish Ski Area Association (“FSAA”) and the Finnish Consumer Ombudsman have agreed upon these terms and they have been verified by the Ombudsman on 31 January 2010.
1. APPLICATION OF TERMS
1.1 These terms will be applied to the provision, sales, fulfilment, use and settlement of disputes arising from consumer use of Bikepark services provided by member resorts of the FSAA (“Bikepark”). Bikepark services are related to downhill biking on tracks and service areas constructed and maintained by members of the FSAA and the transportation of riders by lift to said tracks and service area locations (“Services”).
1.2 Bikepark Services governed by these terms are provided at, for instance
a. ticket counters
b. track areas
c. cable conveyors intended for human transport, including lift tracks and buildings (“lifts”) d. other areas intended for Bikepark Services, such as: designated downhill tracks, freeride courses, junior riders’ areas, special venues and areas reserved for other use (“other service areas”).
1.3 These Terms are not applied to areas used for restaurant, camping and accommodation services.
1.4 Equipment rentals are covered by separate terms.
2. GENERAL PROVISIONS
2.1 All lifts must fulfil current safety requirements and must be checked and approved by the appropriate authorities.
2.2 All tracks and other service areas must be clearly visible or appropriately designated. Their condition must be acceptable for the given weather and terrain conditions. Bikepark personnel have the right, but no obligation, to maintain and shape the tracks and other service areas during the Bikepark’s opening hours.
2.3 Personnel have the right to open and close the Bikepark or individual lifts, tracks and other service areas as necessary due to weather conditions or the number of users. In such circumstances, the consumers’ right to a refund is determined according to section 6 of these Terms.
2.4 Customers who ride bikes on the tracks or use the Bikepark Services in any other way do so at their own risk. A customer’s legal guardian may also be responsible for all risks. All customers are required to behave in a manner that causes no threat to themselves or others using the Bikepark area. Customers are required to assess their own ability to use the Services beforehand. All customers must be familiar with the ski area’s rules related to Bikepark Services.
2.5 Customers are responsible for the fit and repair of their gear.
2.6 All customers are required to adhere to these Terms when within the Bikepark area and using Bikepark Services. Bikeparks are required to inform customers of any restrictions by posting notices on bulletin boards or at lift stations, tracks or other service areas. Any potentially dangerous areas must be clearly marked as well. Service guidelines can also be displayed with accepted symbols and pictograms. All posted instructions must be followed.
2.7 Customers are required to follow the personnel’s instructions regarding the safe use of tracks, service areas, equipment and appropriate clothing as well as proper mounting of lifts or gondolas. The personnel advise customers to mitigate the risk of damages and outages.
2.8 The personnel have the right to stop a customer from using Bikepark Services if they fail to follow these Terms or instructions or if the customer causes a threat to general safety, public order or the comfort of others with their behaviour or condition.
2.9 Customers are liable for any damage they cause to Bikepark property.
2.10 Should a lift, slope or other service area fail the necessary safety requirements, the Bikepark is responsible for damages to customers or their property, given that the damages are not caused by the customer’s own actions.
3. LOST PROPERTY
3.1 All customers are required to deliver found personal items immediately to Bikepark personnel.
4. SERVICE PRICE LISTS & LIFT AND TRACK INFORMATION
4.1 Bikeparks are required to publish price lists for their Services or otherwise make prices available to customers. The price list or notice must include clear information on ticket prices and validity.
4.2 Price lists or notifications must include the number, location, type and level of difficulty of the Bikepark’s lifts, tracks and other service areas. The tracks’ level of difficulty is marked using colour codes that are explained in the price list or notice.
4.3 Price lists and notices must also include the Bikepark’s official name, address and phone number.
5. VALIDITY OF LIFT TICKETS AND OTHER TICKETS USED FOR BIKEPARK SERVICES
5.1 Bikeparks have the right to sell varying types of lift and admission tickets (“tickets”) that are specified in their price list. An agreement is formed when the customer accepts an offer and pays the amount due or signs an agreement to transfer the necessary funds.
5.2 All tickets are valid during the Bikepark’s opening hours, which are stated on the price list. Bikeparks may extend the validity at their sole discretion.
5.3 Bikeparks mostly provide the following types of lift tickets:
• Single tickets
allow a single ascent during the season of purchase or another time frame stated by the Bikepark.
allow a certain number of ascents. If the ticket is dated at the time of purchase, Bikeparks have the right to charge an additional fee during the following season to reflect the current ticket prices. Multi-tickets can be used by several persons.
• One-hour, morning, afternoon or evening tickets
allow use of the Services specified on the ticket during the designated time of validity.
• Day tickets and 2- to 6-day tickets
allow use of the Services on the day or days specified on the ticket. If the tickets include the right to use the Services during special evening hours, this must be specified in the price list.
• Week tickets
allow use of the Services for seven (7) consecutive days.
• Season tickets
allow use of the Services during the entire season specified on the ticket. Season tickets do not specify the exact dates of validity.
• Business tickets
allow use of the Services during the entire season specified on the ticket. These tickets can be used by persons nominated by the purchasing organisation or by guests lodged at the organisation’s property (advance notification required). Business tickets cannot be sold on to third parties without licence from the service provider.
5.4 Bikeparks may also provide tickets for separate areas or special venues. These tickets allow use of the designated areas and Services for the duration specified on the ticket.
5.5 The time of validity for tickets mentioned in sections 5.3 and 5.4 can also be marked with bar codes. Customers have the right to check their ticket’s validity with Bikepark personnel.
5.6 Unless otherwise stated, all tickets are personal. They cannot be transferred to other persons. Tickets may be cancelled or seized by the personnel due to misuse.
5.7 All ticket holders must be able to provide proof of identity. Tickets must be kept on the user’s person and presented at the lift station. Bikepark personnel have the right to carry out ticket checks within the resort’s service area.
5.8 Bikeparks have the right to take legal action in order to cover damages caused by misuse or charge customers for up to twice the value of a normal ticket upon discovery of misuse.
6. THE CUSTOMERS’ RIGHT FOR REFUND
6.1 Any lost tickets will not be refunded.
6.2 Cancelled or seized tickets will not be refunded.
6.3 Time left on tickets will not be refunded if the customer stops the use of Bikepark Services by their choice while the ticket is still valid.
6.4 If the ticket holder is incapable of using the Services due to sickness or injury for a duration that is at least one third (1/3) of the ticket’s validity, they are entitled to a refund. The ticket holder must be able to produce a medical certificate or other reliable proof of sickness or injury.
6.5 If a lift or track is unavailable due to an outage, ticket holders are entitled to a limited refund according to sections 6.7 and 6.8.
6.6 Refunds must match the unused validity left on the ticket. Refunds are primarily granted as extensions of validity or as vouchers to be used at a later time.
6.7 No refunds will be granted, if:
6.7.1 the outage is temporary and brief or caused by repair or maintenance work that cannot be postponed due to reasons of safety.
6.7.2 the outage is caused by reasons beyond the personnel’s control, such as power outages, intense wind or rain, severe cold, fog or any other comparable circumstances that were not foreseeable at the time of purchase or that could not have been avoided by the personnel.
6.8 Bikepark personnel have the right to close any lift, track and/or service area during operating hours for the reasons stated above. In such cases, ticket holders are not entitled to a refund if the number of lifts, tracks and service areas still in operation is objectively sufficient. Customers must be notified of atypical conditions and outages that are known at the time of purchase.
6.9 If the Bikepark does not have an objectively sufficient number of operating lifts, tracks and other service areas due to reasons stated in section 6.7, ticket holders are entitled to a refund if the outage is longer than one third (1/3) of their ticket’s validity.
6.10 If a customer has purchased a season ticket, the Bikepark must be open at least for a time comparable to the season ticket’s value converted into day tickets, i.e. season ticket value / day ticket value = required number of days of operation. Should the number of operational days fall below this, the ticket holder is entitled to a relative refund for each day under the threshold.
6.11 The above covers the full extent of Bikepark’s obligation to refund damages or costs caused by partial or complete outages, given that the outage is not caused by negligence on part of Bikepark personnel.
7.1 Bikeparks must have valid liability insurance that covers damages to customers caused by negligence.
7.2 Bikeparks are not required to have insurance that covers such damages caused by the customers themselves. Should the entry ticket include any insurance against accidents, this will be clearly stated.
7.3 Customers are required to verify their own insurance coverage before entry to the Bikepark.
8.1 Any claims related to Bikepark Services must be submitted to Bikepark personnel. Claims can be made either in writing or verbally. Any claims related to refunds based on section 6 must be made no later than one full day after the ticket expires, unless there are compelling reasons to extend the time frame allowed for submitting claims.
8.2 Other claims for damages must be made within reasonable time from the date of accident.
9. CHANGES TO TERMS
9.1 Bikepark may change these Terms and pricing for their Services mid-season, if this is required by new or amended legislation, official orders or unforeseeable events, such as natural disasters, international crises or major catastrophes.
9.2 These Terms, including all amendments, must be made available to customers at venues where Bikepark Services are sold.
10.1 The first course of action for disputes between customers and Bikepark should be private negotiations. If the parties cannot reach an understanding, the customer may take the issue to the Consumer Disputes Board or take legal action in their district court. If the proprietor wishes to take legal action, it should be done at the consumer’s district court.