DATA PROTECTION DECLARATION
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In Demänovská Dolina, on 13th June 2014
1.1. The General Terms and Conditions of the GOPASS programme are issued by the Tatry mountain resorts, a.s. Company with the registered office at Demänovská Dolina 72, 031 01 Liptovský Mikuláš, Company number: 31 560 636, registered in the Commercial Register of District Court Žilina, Section: Sa, Insertion No.: 62/L (hereinafter referred to as “TMR”) pursuant to laws of the Slovak Republic.
1.2. The General Terms and Conditions of the GOPASS programme (hereinafter referred to as “GTC”) specify legal relations between the customer and TMR within the GOPASS programme, related mainly to issuing of GOPASS cards, their usage, purchase of products and services in the GOPASS internet shop, ascribing of loyalty points and the way these points can be earned towards various benefits at TMR facilities.
1.3. The GOPASS programme aims to provide above-standard benefits for loyal customers of facilities run by TMR.
1.4. Facilities where customers can use discounts, benefits and services within the GOPASS programme are marked with the GOPASS symbol or other related symbols. A current list of such facilities is available on: www.gopass.sk.
1.5. A current list of discounts, benefits and services including terms and conditions related to them is available on: www.gopass.sk. In case of any doubts, the current list of discounts and benefits published on: www.gopass.sk shall be considered the only valid one.
1.6. Only regular members of the GOPASS programme can buy products and services in the GOPASS e-shop. Discounts, benefits and services published on www.gopass.sk. are available at TMR facilities for authorised (regular/temporary) programme members and holders of valid GOPASS cards only. A GOPASS card is a fully acceptable authorisation element for members of the GOPASS programme to use benefits, discounts and points at selected and marked TMR facilities.
2.1. Only legally competent natural persons who meet terms and conditions of the GOPASS membership mentioned below may register as GOPASS members. Each individual main maintain only one GOPASS membership. GOPASS membership is not available for legal entities (e.g. a trading company) or business persons.
2.2. GOPASS membership is subject to legal competence of the respective customer.
2.3. The GOPASS programme membership can be regular or temporary.
2.4. To apply for a temporary GOPASS membership, the applicant must either:
2.4.1. Fill in and sign a GOPASS registration form:
a) in a TMR accommodation facility,
b) in another accommodation facility which is a contractual partner of regional organisations OOC Region Liptov, Klaster Liptov or OOCR Vysoké Tatry,
c) in a TMR information centre
d) in a Tatry Motion shop.
2.4.2. By sending a registration text message (SMS) and receiving an SMS GOPASS card at ticket offices of Aquapark Tatralandia, Liptovský Mikuláš or ticket offices in mountain resorts operated by TMR (Jasná Low Tatras, High Tatras Tatranská Lomnica, Starý Smokovec, Štrbské Pleso)
2.5. To apply for a permanent GOPASS membership, the applicant must either:
2.5.1. Fill in a registration form published on: www.gopass.sk and agree with GTC, agree to have personal data processed and marketing emails of TMR sent.
2.5.2. By completing the registration on www.gopass.sk and once receiving the so called invitation email if the registration is made in accordance with items 2.4.1 and 2.4.2. GTC; agree with GTC and agree to have marketing emails of TMR sent and personal data processed.
2.6. Temporary programme members can use discounts, benefits and services of the GOPASS programme. They are not entitled to use services of the e-shop of the GOPASS programme.
2.7. Regular members of the GOPASS programme are entitled to use discounts, benefits and services of the GOPASS programme; as well as the e-shop of the GOPASS programme only with a valid GOPASS card, which is issued for every member of the GOPASS programme, is non-transferrable and contains a unique number. GOPASS cards can be used only by programme members they are issued for.
2.8. Types of GOPASS cards:
2.8.1. Customers are given a non-registered GOPASS card when purchasing a ski ticket at the ticket offices, information centres and e-shop GOPASS.cz in ski resorts operated by TMR, a.s., and in Skiareál Špindlerův Mlýn this is a contactless chip card. Although this card is not registered in the GOPASS programme, it is possible to collect loyalty points using this card. To retain the loyalty points, the customer has until midnight immediately following the purchase of the ski pass to register for the GOPASS programme. If the customer does not register the GOPASS within this time limit, the collected loyalty points will be cancelled. The GOPASS cards can be returned via the vending machines or at any information centre no later than 18.11.2018 and the customer will be refunded the 50CZK deposit. After 18.11.2018, the GOPASS cards will not be accepted and it will not be possible to refund the deposit of 50CZK/1pc.
2.8.2. GOPASS cards without names of their holders serve as identification cards of the GOPASS programme and are given to the customers when they register as temporary members in accordance with item 2.4.1 of the GTC. Every card contains a unique GOPASS identification number of the respective customer and a bar code. The card is issued in the form of a contactless Key Card. If the customer registers on www.gopass.sk and becomes a regular member of the GOPASS programme, all points he/she has not used yet will remain in his/her account for further use.
2.8.3. The temporary SMS GOPASS card is an identification card of the GOPASS programme given to customers who register as temporary members in accordance with item 2.4.2 of the GTC. Every temporary SMS GOPASS card contains a unique GOPASS identification number of the respective and a bar code. It is issued in the form of a paper card. The temporary SMS card serves as an authorisation tool designated for programme members. If the customer registers on www.gopass.sk and becomes a regular member of the GOPASS programme, all points on the SMS GOPASS card that he/she has not used yet will remain in his/her account for further use.
3.1. Ordering of products/services: All services/products offered in the e-shop of the GOPASS programme must be paid for once they are ordered. Any order is considered final and binding once paying the price for the respective product/service. Regular programme members can pay for products/services using one of the following payment types:
3.1.1. Via the TrustPay and Cardpay services, by clicking on “PAY VIA INTERNET BANKING", or "PAY BY CARD ". The payment will be deducted from the bank account of the respective bank card holder (in accordance with terms and conditions of individual banks related to inter-bank or intra-bank transfers).
3.1.2. With GOPASS points (applies to selected products/services only) by clicking on “ACTIVATE PAYMENT WITH POINTS“. The points of the respective programme member will be deducted from his/her account once the payment is completed.
3.1.3. By combining regular payment with GOPASS points (applies to selected products/services only) and clicking on “PAY VIA INTERNET BANKING", or "PAY BY CARD". The payment will be deducted from the bank account of the respective bank card holder (in accordance with terms and conditions of individual banks related to inter-bank or intra-bank transfers) and points of the respective programme member will be deducted from his/her account once the payment is completed.
Once using any type of payment mentioned above, the respective order is considered completed and final. The programme member will receive an email confirming the order has been accepted and paid for, with the following information: type of product/service, date of delivery/provision of service, duration of the contract and a receipt. The email will be sent to the email address the client entered in the registration form.
3.2. Delivering of products/services: Products are sent as letters/parcels via the Slovak postal service (Slovenská pošta, a.s.), as cash on delivery or via surcharged courier services. There is no personal pickup option. Postage via Slovenská pošta, a.s. is paid by TMR. Ski passes and tickets to TMR facilities are topped up to the GOPASS account of the respective regular customer and can be used with a personal GOPASS card of the regular customer only. TMR is not responsible for any damage caused by the delivery service.
3.3. Delivery time: Standard delivery time for products is 15 days after the order is confirmed. Ski passes and tickets to TMR facilities are topped up to the GOPASS account of the respective customer on the day the payment is completed and can be used on the day the payment is completed with a valid personal GOPASS card of the customer only. TMR is not responsible for delayed delivery caused by the postal service or a delivery service; or due to an invalid delivery address entered by the customer himself/herself. After recharging the GOPASS chip card, the customer receives a payment receipt from MELIDA and .s. Recharging the GOPASS Chip Card is guaranteed within 30 minutes of receipt of the payment receipt.
3.4. Price of products/services: All products and services offered in the internet shop of the GOPASS programme have current prices displayed. The prices are valid the moment the customer confirms his/her order. All prices include VAT. Prices of selected products or services are time-limited (limited offers). Discounts offered to programme members cannot be combined with any other discounts or special offers.
3.5. Cancellation policy: The cancellation policy for products and individual services offered in the e-shop, including information and instructions on how to withdraw from the contract and under which conditions, are published with individual types of services and products on www.gopass.sk.
3.6. Warranty policy: GOPASS card offered in the internet shop is warranted for 24 months from the date of delivery. In case of any defects on the purchased product/service (i.e. missing services, products/services assigned to another person or member of a subordinate account, product damage, etc.), every programme member is obliged to set up a complaint immediately after having received the product/used the service. The complaint must be set up personally at an information centre in a ski resort, at an information centre in Aquapark Tatralandia, at TATRY MOTION shops, at the reception of the respective hotel or via email sent to email@example.com, in writing in form of a letter sent to the following address: TMR a.s. Ráztocká 21, Liptovský Mikuláš 03105; or by phone on the number: 0850 122 155 on weekdays. Any later complaints shall not be accepted. TMR will notify the respective programme member of the subsequent procedure no later than within 30 workdays after having received the complaint (the notification will be sent via email or postal service).
4.1. Each registered member of the GOPASS programme older than 15 years will be assigned a personal GOPASS account (hereinafter referred to as “GOPASS account”).
4.2. Each programme member has access to his GOPASS account on the www.gopass.sk website after entering his/her login email and password.
4.3. Every programme member chooses his/her own login email and password. They are valid as long as the respective GOPASS card is valid too. Every programme member is entitled to change his/her login email or password anytime.
4.4. The GOPASS account enables every programme member manage his/her GOPASS points, GOPASS vouchers and cards assigned to the respective GOPASS account. Only TMR is entitled to change personal data of a member in the GOPASS programme if the member logs into his/her GOPASS account and asks TMR to do so.
4.5. Age limits of the GOPASS programme:
4.5.1. 0-14 years (the last day of the 14th year included) – the programme member can have his/her own card assigned to the account of his/her legal representative.
4.5.2. 15 years and more (the first day of the 15th year included) – the programme member can have a separate GOPASS account of his/her own or a subordinate card assigned to the main account.
4.6. Each registered member of the GOPASS programme can use the www.gopass.sk website to register and add max. 10 (ten) people to his/her GOPASS account. These people will be given a so called subordinate GOPASS card.
4.7. Subordinate GOPASS cards don´t have their own accounts in the GOPASS programme. Point transactions for products or services purchased at TMR facilities are recorded and assigned automatically to the account of the member who registered the card. Subordinate cards cannot be used to earn collected GOPASS points towards discounts.
5.1. Each member of the GOPASS programme is entitled to use the GOPASS card in accordance with GTC. The validity of the GOPASS card depends on the membership in the GOPASS programme. Once the membership expires, the respective member will have his/her card deposit paid back if the GOPASS card is returned at any GOPASS facility.
5.2. Once the membership in the GOPASS programme expires, the respective member of the GOPASS programme is responsible for any damage caused by unauthorised use of the GOPASS card and undertakes to pay for it.
5.3. The GOPASS card is non-transferrable and valid only with a valid ID of the respective programme member. The GOPASS card can be used only by the programme member whose name is displayed on it. Each programme member undertakes to cooperate with TMR in case of inspection and show an identification document (ID, passport) to a respective member of TMR staff. Children under 15 years prove their identity with health insurance cards or passports.
5.4. Valid GOPASS cards are accepted at selected GOPASS facilities. A current list of GOPASS facilities is available on the www.gopass.sk website.
5.5. The GOPASS card enables only regular programme members to use the e-shop of the GOPASS programme. All programme members (regular/temporary) are entitled to use benefits and discounts on services/products from the current offer published on www.gopass.sk, have points ascribed to the GOPASS account, and use collected points in the form of discounts or benefits.
5.6. Unless a GOPASS member has a valid GOPASS card, he/she cannot use discounts, benefits, services and/or have points assigned.
5.7. Authorised members of TMR staff are entitled to revoke a GOPASS card if this is used inappropriately, i.e. by a person that is not an authorised holder of the respective card and member of the GOPASS programme. TMR reserves the right to decide on further steps to be taken.
6.1. Members of the GOPASS programme practice shopping for lower prices only with valid GOPASS cards at facilities that accept the GOPASS card and/or in the e-shop of the GOPASS programme on www.gopass.sk (the e-shop is available for regular members only) for prices in EURO, determined by TMR and valid at the time of purchase.
6.2. A current list of all benefits for programme members is available on the www.gopass.sk website.
6.3. Each programme member acknowledges being aware that the list of benefits and procedure of using discounts and benefits for GOPASS members is subject to change. TMR undertakes to update the list of benefits and discounts regularly on: www.gopass.sk.
6.4. Physically disabled people with disability cards get special prices which equal senior prices. To apply for such discounts, the respective disability card and ID have to be shown at ticket offices in individual resorts.
6.5. ISIC card holders must begin with entering their card number in their accounts on www.gopass.sk (before entering the number of a regional or another discount voucher) as ISIC cards don´t provide one-off discounts. ISIC cards change the status of their holders to students although they are adults already.
7.1. Every programme member (regular/temporary) is entitled to buy products/services at facilities that accept the GOPASS card. Regular programme members can buy products and services also in the e-shop of the GOPASS programme. When shopping online in the GOPASS internet shop, the loyalty points will be ascribed to the respective GOPASS account no later than within 48 hours after the purchase. When shopping personally at a GOPASS facility, each GOPASS member is entitled to have loyalty points ascribed to his/her account when showing his/her valid GOPASS card at the cash desk. Loyalty points are ascribed to the GOPASS member account no later than within 48 hours after the purchase.
7.2. Each programme member gets one (1) loyalty point assigned for every EURO spent with a valid GOPASS card at a GOPASS facility and/or in the GOPASS internet shop.
7.3. TMR reserves the right to change the value of the loyalty point. In such case, TMR is obliged to inform programme members about the changed value on the www.gopass.sk website. The new value becomes effective once being published on the www.gopass.sk website.
7.4. Each programme member can view his/her current number of points on: www.gopass.sk, in his/her account after entering the login email and password.
7.5. When shopping at a GOPASS facility and showing a valid GOPASS card, every programme member is entitled to get a receipt to check the number of GOPASS loyalty points ascribed. If the points ascribed do not correspond to the value of the purchased products/services or no points were ascribed at all, the programme member is entitled to require the appropriate number of points be ascribed afterwards. To do so, the programme member must send a scan of the respective receipt to: firstname.lastname@example.org.
7.6. When shopping in the GOPASS internet shop on: www.gopass.sk, each regular programme member will have a tax receipt sent to his/her email address specifying the number of points that were ascribed. If the points ascribed do not correspond to the value of the purchased products/services or no points were ascribed at all, the regular programme member is entitled to require the appropriate number of points be ascribed afterwards. To do so, the programme member must send a scan of the respective tax receipt to: email@example.com.
7.7. TMR reserves the right to refuse points being assigned to a programme member unless claimed in accordance with item 7 of the General Terms and Conditions. If TMR discovers that a programme member had GOPASS loyalty points assigned violating GTC, TMR reserves the right to cancel such unauthorised points from the respective account.
8.1. Each programme member is entitled to use the www.gopass.sk website to activate the so called automatic transfer of loyalty points ascribed for shopping at GOPASS facilities and/or the GOPASS internet shop to a GOPASS account of another programme member. Once the automatic transfer of loyalty points is activated, all current loyalty points will be transferred to the account chosen along with all future loyalty points collected from the point of transfer activation.
8.2. Each programme member acknowledges being aware that he/she is not entitled to use the loyalty points that have been transferred to another account after automatic transfer was activated by him/her personally. Such points cannot be transferred back to the original account.
8.3. Each programme member is entitled to cancel the automatic transfer of loyalty points anytime. Such cancellation will be in force no later than within 24 hours – after the cancellation of the point transfer is confirmed. After that, the programme member will have all loyalty points ascribed to his/her own GOPASS account.
9.1. Each member of the GOPASS programme is entitled to earn his/her loyalty points towards benefits. A current list of benefits is available on the www.gopass.sk website or at GOPASS facilities. To earn the points towards benefits, each programme member has to follow terms and conditions of the respective benefit and be a permanent member of the GOPASS programme. To prove his/her membership, the member has to show a valid GOPASS card.
10. Loss, theft and damage of the GOPASS card; replacement card
10.1. The GOPASS card is issued pursuant to a request of a GOPASS member for an indefinite period of time. A temporary GOPASS card is valid no longer than 5 days after the first shopping is made at TMR facilities using the respective temporary card.
10.2. Each programme member is obliged to protect the GOPASS card and prevent it being lost, damaged or destroyed. He/she is obliged to prevent the GOPASS card being used by an unauthorised person.
10.3. Each programme member (or his/her legal representative) is obliged to report damage, loss or theft of the GOPASS card immediately – personally at TMR information centres, by phone on the GOPASS helpline: +420 499 467 101 (international calls: +420 499 467 101); or have it blocked on the www.gopass.cz website after logging into his/her GOPASS account. Once being informed about the loss, theft or damage, TMR will block the GOPASS card immediately.
10.4. Each programme member can use his/her GOPASS account on the www.gopass.cz website to ask for a new GOPASS card in case of loss, theft or damage. TMR will check the identity of the respective member in the GOPASS system, block the old card and issue a new, replacement one. Replacement GOPASS cards can be ordered in the GOPASS internet shop on: www.gopass.cz only. Handling charges for replacement GOPASS cards are available on the www.gopass.cz website.
10.5. Once a replacement GOPASS card is issued, all previous records and settings in the account of the respective member remain unchanged and the new card assigned to the GOPASS account is considered the only valid one.
10.6. If the lost, stolen or damaged GOPASS card was topped up with a ski pass, the respective programme member will be given a new card with a ski pass for the remaining number of skiing days. Such member is not entitled to be paid the whole or aliquot ski pass price back; or to receive any other form of compensation for the days he/she was late with the loss/theft report.
11.1. If a programme member (regular/temporary) violates the GTC, TMR is entitled to block his/her account without prior notice and cancel his/her membership in the programme forthwith. The same applies to unauthorised use of the GOPASS card by a person that is not registered as the card user.
11.2. Membership in the GOPASS programme expires:
11.2.1. Pursuant to item 11.3 GTC on programme membership expiration;
11.2.2. When cancelling the programme membership pursuant to item 11.4 GTC;
11.2.3. When the GOPASS programme is cancelled by TMR.
11.3. Any misuse of benefits provided by the GOPASS programme, violation of these GTC, violation of general terms and conditions of any product/service provided by TMR and purchased or used via the GOPASS programme; or provision of false data in the registration form will result in the GOPASS programme membership being cancelled forthwith.
11.4. Each member of the programme is entitled to cancel his/her membership in the GOPASS programme, which must be done in writing. In such case, the membership expires on the last day of the month when the cancellation notice is delivered to TMR.
11.5. Whatever the reason for and form of membership cancellation or expiration, the respective programme member loses any rights related to the membership in the GOPASS programme, including all loyalty points ascribed to the GOPASS account, discounts and benefits.
11.6. Once returning a GOPASS card, the membership of the respective GOPASS member is not considered expired.
13. Operation and operating hours
13.1 Operation of each transport facility (chairlifts and ski lifts) in the individual ski resorts is dependent on the specific weather conditions in the individual ski resorts.
13.2 Operating times for chairlifts, ski lifts and ski slopes in the individual ski resorts is determined by Melida, a.s., operator of the resort Skiareál Špindlerův Mlýn, and TMR company.
13.3 Unless the operator of the individual ski resorts determines otherwise, operating hours for chairlifts, ski lifts and ski slopes in the individual ski resorts operated by Melida and ski resorts operated by TMR are from 08:30 to 16:00 until the end of the winter season.
13.4 During the period from the commencement of the winter season 2016/2017 to the end of the winter season 2016/2017, the slopes are CLOSED from 16:00 to 08:30! Snow cannon cables and slope management machinery pose a risk of injury, especially when the winch rope is extended. In the event of night skiing, entry to these slopes is permitted from 18:00 to 21:30 unless specified otherwise by Melida, operator of the resort Skiareál Špindlerův Mlýn, or a specified resort operator.
13.5 Melida, operator of the resort Skiareál Špindlerův Mlýn, is entitled to unilaterally change the operating hours of lifts and ski slopes in individual ski resorts. Information concerning snow conditions and the operation of chairlifts, ski lifts and ski slopes is available daily in individual resorts as well as on the website www.skiareal.cz.
14.1. The General Terms and Conditions of GOPASS programme will enter into force on the day of its publication at www.gopass.sk and effective on May 25, 2018. These GTC shall, from the date of their entry into force, replace the GOPASS General Business Terms and Conditions valid until May 24, 2018.
14.2. Special prices, discounts, points and other benefits of members of the GOPASS programme are not legally recoverable.
1.3. TMR is entitled to change the General Terms and Conditions due to (I) changed policy in the field of providing benefits to TMR customers within the GOPASS programme; (II) changed financial, economic and social situation in the Slovak Republic; (III) changed legal regulations related; and/or (IV) other non-specified, compelling reasons.
14.4. Any change to GTC becomes effective once published on the www.gopass.sk website.
14.5. Law of the Slovak Republic shall apply to issues not regulated under these GTC.
15. Contact address of the GOPASS programme
Tatry mountain resorts, a.s.
Demänovská Dolina 72
031 01 Liptovský Mikuláš 1
GOPASS Helpline: 0850 122 155
International helpline: +421 220 510 448
Email: firstname.lastname@example.org, email@example.com
„Ticket to cableway“
Every member of the GOPASS program who has purchased any type of cableway tickets offered in the GOPASS e-shop on www.gopass.cz/www.gopass.sk is not upon a distance conclusion of the service provision contract entitled to withdraw from the service provision contract in accordance with S. 1 (4) of Act No. 102/2014 Coll., on Consumer Protection related to sale or provision of services, based on a distance contract or a contract concluded outside the premises of the seller and on the amendment of certain laws, if the contract is concluded with TMR, a.s. or its Slovak Trade partner. The GOPASS member is not upon the conclusion of the contract entitled to withdraw from the service provision contract within the meaning of S. 1837 (j) of Act No. 89/2012 Coll., the Civil Code, as amended, which transposes Article 16 (l) of the EU Directive No. 2011/83/EU, since a purchase of the "cableway ticket" is a contract on the use of leisure time (according to the exact wording of the Directive, a service contract related to recreational activities) with an exact date or period of performance.
No financial compensation or substitute performance shall be provided by TMR, a.s. or another of its Trade partners to a GOPASS member who has purchased a cableway ticket and not used it due to his/her own subjective reasons.
Instructions on exercising consumer´s right to withdraw from a contract
“GOPASS chip card“
Right of withdrawal
Every programme member has the right to withdraw from a distance contract related to the delivery of a product – the GOPASS card without giving any reason within the period of 14 days after you or a third person authorised by you (not the delivery company) take(s) the delivery – the GOPASS chip card.
Please inform us about your intention to exercise the right of withdrawal from this contract in the form of a clear and unambiguous statement (e.g. a letter sent through the post or an email) on the following address: Tatry mountain resorts, a.s., Ráztocká 21, Liptovský Mikuláš 03105, firstname.lastname@example.org For using a sample withdrawal form, please click HERE. If you are interested, you can fill in and send this sample withdrawal form or any other type of withdrawal statement in an electronic form via our website (www.gopass.sk). In such case, we will confirm having received your document, electronically (via email) and forthwith.
The withdrawal deadline is considered met if you send a notice on exercising the right of withdrawal from the contract before the withdrawal deadline expires.
Consequences of withdrawal
Once withdrawing from the contract, you will have all payments you have made in connection with concluding the contract, especially the purchase price, returned. This does not apply to additional costs if you choose another type of delivery than the ordinary and cheapest one that we offer. The payments will be returned without undue delay, no later than 14 days after we receive your notice on withdrawal from this contract. We will use the same type of payment that you did if you have explicitly disagreed with another type of payment. This shall be performed without any additional costs to be paid.
Any payment for the purchased product shall be returned only after having the respective product delivered back to our address or being shown a document that would prove the respective product has been sent to our address (depends on which happens first). Please, send us the GOPASS card back or bring it to our address or to the following address: Tatry mountain resorts, a.s., Ráztocká 21, Liptovský Mikuláš 03105 no later than within 14 days after exercising the right of withdrawal from this contract. The deadline is considered met if you send the product before the 14-day deadline expires.
Returning of product is at YOUR own cost.
Central Inspectorate of the Slovak Trade Inspection, Prievozská 32, Bratislava
Inspectorate of the Slovak Trade Inspection for the Žilina region, registered office in Žilina, Predmestská 71, 011 79 Žilina
Melida a.s., general terms and conditions for online ski school and rental orders
1. Basic provisions
These general terms and conditions apply to online bookings for the ski and snowboard school and for rental of ski equipment (hereafter "Terms and Conditions") on www.gopass.cz.
Ski school is open daily from 8:30 to 16:00.
All services provided by SKOL MAX ski school and equipment rental Spindl Motion based on online orders using the internet and other online services are subject to these terms and conditions.
Unless expressly agreed otherwise, these Terms and Conditions cover all legal acts and contractual arrangements concluded online between Melida a.s., as seller and its customers as a contractual partners - buyers (hereafter "Clients").
Orders and bookings are made online via the e-shop www.gopass.cz
Operator of the ski school SKOL MAX and sports equipment rental Spindl Motion is Melida a.s., ID: 241 66 511, based Špindlerův Mlýn 281, post code: 543 51
2. Offers, reservation, order confirmations, contract
All reservations and bookings for ski school SKOL MAX and equipment rental Spindl Motion through www.gopass.cz are binding. Prices are presented in CZK, including all taxes.
Each order is concluded with online payment for services ordered in their entirety.
The order confirmation is sent to the e-mail address entered when ordering. The confirmation contains two documents. The first summarises the order details and the second is an invoice for the paid services.
3. Terms of payment
All orders made through the e-shop www.gopass.cz are binding and require payment of 100% of the total amount for the services ordered. Online payments are made by credit card.
By paying the price for services ordered, the client agrees with the Terms and Conditions of Melida a.s., for online bookings and orders for the ski school and rental.
4. Range of services, changes to services and making complaints
Ski and snowboard lessons
Ski and snowboard lessons are conducted daily in all weather conditions by certified instructors. A lesson lasts for 50 minutes. The lesson takes place at your own risk and the seller recommends that you purchase accident insurance before commencing lessons. The client is obliged to provide the instructor with accurate information about their skiing and snowboarding skills and experience, as well as any health issues they have which may affect their participation in the sport. The client must accurately and consistently respect and adhere to all instructions given by SKOL MAX instructors and equipment rental Spindl Motion staff. Failure to observe instructions and warnings entitles SKOL MAX instructors and Spindl Motion staff to terminate the contract immediately without compensation.
Melida a.s. reserves the right to terminate without notice the contract with any client who is under the influence of alcohol and/or other addictive substances, as well as with any client who assaults an instructor/Spindl Motion employee either physically or verbally. In the event of termination of the contract in such circumstances, the client is not entitled to any reimbursement of costs incurred and is not entitled to compensation in any form.
Ski and snowboard lessons are conducted at a prearranged venue and at a pre-agreed time. Changes to venue or time are permitted only with the express agreement of both parties in writing at email@example.com. In the event that the client fails to arrive at the agreed venue at the pre-arranged time, the client is not entitled to compensation. Instructors will wait for clients at the agreed venue for a maximum 20 minutes from the agreed start time of the service.
Sports equipment rental
Ski rentals are open daily in all weather conditions; opening hours are:
8:00 - 16:30 hours.
Ski rentals are located within Skiareál Špindlerův Mlýn at the following locations: Hromovka, Svatý Petr, Medvědín, Horní Mísečky, hotel Clarion
The client is contracted to use all sports equipment only for the purpose for which it is intended, and shall ensure that no damage occurs due to foreseeable events (e.g., it is forbidden to ski on surfaces where there is no continuous snow cover and away from marked ski slopes in Skiareál Špindlerův Mlýn, or to attempt to dry ski boots on heat sources or in their immediate vicinity, where there is a risk of heat damage, etc.).
In the event of damage to sports equipment in full or in part, the client will reimburse Melida a.s. the full amount as specified in the price list for sporting equipment damage. In the event of damage or destruction of rental sporting equipment, a Spindl Motion representative will prepare a report detailing the damage which the Client shall sign and state all personal data required.
Changes to service orders and bookings
Any changes to service orders and bookings must be made in writing at firstname.lastname@example.org at least two days prior to the commencement of services. The client will consider the required changes as confirmed only after written agreement by both parties.
Any complaints by clients concerning possible defects must be lodged with Melida a.s. or a designated agent without undue delay but no later than 5 days from the date of detection. Complaints must be lodged in writing or electronically at email@example.com, with all correspondence containing contact information, a full description and the action required to resolve the complaint. Melida a.s. is required within 5 days to provide the client with a written decision on the acceptance or non-acceptance of the claim, and, in instances of acceptance, explain how the complaint will be handled. All late claims will be considered null and void.
5. Cancellation Policy
All services ordered through www.gopass.cz are binding.
The clients has the right under § 1829 z.č. 89/2012 Sb., Civil Code, to withdraw from the contract for the purchase of services through www.gopass.cz. It is not possible to withdraw from the contract if the service has been at least partially provided under § 1837 z.č. 89/2012 Coll., Civil Code. If the client evokes his right as detailed in the first sentence of this paragraph, no financial or other compensation will be made should he make use of the service in part or in full.
In the event of the client's inability to use the service in part or full during the agreed time (injury, serious health complications, force majeure), on submission of a doctor's report the client will be issued with a voucher to the value of the unused services, with the refund calculated from the day following the day on which the client hands an original medical report to the activity representative/main ski school office. This voucher is valid for one calendar year from the date of issue. This voucher can be used at any time during its period of validity for the equivalent service to that which was interrupted by accident or force majeure.
6. Processing and storage of personal data
The client agrees that personal data provided to the seller can be processed and stored in accordance with the Law on Protection of Personal Data (No. 101/2000 Coll.) in order to fulfil the contract. The client is entitled, in writing, to ask for details of the personal data recorded, and is entitled to change the data or refuse its processing. Supervision of all privacy matters is exercised by the Office for Personal Data Protection.
The client can instruct the seller to stop sending commercial messages to the electronic address given in connection with the performance of the contract without incurring any costs.
7. Jurisdiction and place of performance, applicable law, contractual language
The place of performance is Špindlerův Mlýn. The competent court for all legal disputes arising from the contractual relationship is the court substantively and locally appropriate under applicable law. Czech law applies. Contractual language is Czech.
These general terms and conditions are effective as from 1 November 2016.
Should any individual provisions of these terms and conditions be deemed ineffective, this will not affect the remaining provisions nor the full legal act. The ineffective provision shall be replaced by a provision that most closely corresponds to the purpose of the invalid provision. Any changes to these terms and conditions will be executed in writing. Melida a.s. can unilaterally change the terms and conditions.
In Špindlerův Mlýn, 1st November 2016
Smart Season Pass
Winter ski season 2018/2019
1. These trading terms and conditions for the 2018/2019 winter ski season are issued by MELIDA, a.s., of Špindlerův Mlýn 281, 543 51 Špindlerův Mlýn, Czech Republic, ID no: 241 66 511, registered in the Commercial Registry maintained by the Regional Court in Hradec Králové, Section B, File No.: 3175 (hereafter "operator"), and specify the provision of services – transport via chairlifts and ski lifts, and the use of ski slopes – in the ski resorts operated by MELIDA, as well as the terms and conditions of the Smart Season Pass.
These trading conditions are valid for Skiareál Špindlerův Mlýn ski resort.
In the case of Smart Season Špindlerův Mlýn + Tatry, SkiareálŠpindlerův Mlýn is operated by MELIDA, a.s., and the ski resorts of Tatry mountain resorts, a.s., with registered offices at Demänovská Dolina 72, 031 01 Liptovský Mikuláš, IČO: 31 560 636, Slovak Republic, registered in the Commercial Register of the District Court of Žilina, Section: Sa, Insert No.: 62/L – Vysoké Tatry, Nízké Tatry and Jasná (hereafter referred to as "TMR company” or “TMR") and in the ski resort of Štrbské Pleso the operator is 1. Tatranská, akciová spoločnosť (limited company) with registered offices at K vodopádom 4051, 059 85 Štrbské Pleso, IČO: 31 395 783, registered in the Commercial Register of the District Court of Prešov, section: Sa, Insert No.: 10427/P (hereafter referred to as "1. Tatranska").
In the case of Smart Season Špindlerův Mlýn + Szczyrk, SkiareálŠpindlerův Mlýn is operated by MELIDA, a.s., and the ski resorts of Szczyrkowski Ośrodek Narciarski SPÓŁKA AKCYJNA (limited company), with registered offices at Narciarska 10, 43-370 Szczyrk, registered in the National Court Register, Sad Rejonowy in Bielsko-Białej under No.: KRS 0000140818, IČO/REGON 072818322 (hereafter referred to as "company SON S.A." or “SON S.A.”) and contractual partners of SON S.A., i.e. Ośrodek Przygotowań Olimpijskich in Szczyrk, Plażowa St. 8, 43-370 Szczyrk – the Institute of Budget Economy, National Court Register Sąd Rejonowydla, m. Warszawa St., XII Wydział Gospodarczy KRS: 0000374033, IČO/REGON 142733356-00050 in resort Centralny Ośrodek sport and PBC Spólka of ograniczoną odpowiedzialnością (limited liability), with offices in Roller St. 12 40-555 Katowice, IČO/REGON: 241645322, registered in the National Court Register of Businesses, Sąd Rejonowy KATOWICE_WSCHÓD KRS: 0000359808 at the Beskid Sporta Arena (hereafter referred to as "SON S.A. Contractors").
In the case of Smart Season Pass Špindlerův Mlýn + aquapass the following terms and conditions apply to the provision of services in the ski resort of Špindlerův Mlýn, where the operator is MELIDA and Aquapark Tatralandia operated by Tatry mountainresorts, a.s., with registered offices at Demänovská Dolina 72, 031 01 Liptovský Mikuláš, Slovak Republic, IČO No.: 31 560 636, registered in the Commercial Register of the District Court of Žilina, Section: Sa, Insert No.: 62 / L (hereafter referred to as "TMR company" or "TMR") and Bešeňová Aquapark operated by EUROCOM Investment, sro, registered offices Bešeňová 136, 034 83 Bešeňová, IČO: 35 756 985, registered in the Commercial Register of the District Court of Žilina, Section: Sro, Insert No.: 14588/L (hereafter referred to as "EUROCOM").
2. For the 2018/2019 winter season, the customer can purchase a Smart Season Pass (hereafter the "Smart Season Pass"), which is a special offer for the 2018/2019 winter ski season. The Smart Season Pass is valid from the commencement of the 2018/2019 winter ski season until the end of the 2018/2019 ski season, and from 19.3.2018 or from the date of purchase of the Smart Season Pass season, whichever is the later, until the end of the 2017/2018 winter ski season, with regard to weather and snow conditions should this be before the termination of the 2017/2018 winter season. The website gopass.cz specifies Smart Season Pass services provided in Skiareál Špindlerův Mlýn. Smart Season Pass holders are provided with discounted gastro prices according to special offers as advertised.
3. Smart Season Passes are issued by MELIDA as a contactless chip card - GOPASS with the identification data of the holder displayed. Contactless chip cards - GOPASS - entitle the holder (i.e. the person whose identification data is recorded on the Smart Season Pass) to use the services provided by the individual ski resorts operated by MELIDA in Skiareál Špindlerův Mlýn, as specified by the conditions of the purchased Smart Season Pass and the range of services displayed on the website www.gopass.cz.
4. Customers can apply for a Smart Season Pass from 19.3.2018 to 30.04.2018 exclusively online via the website gopass.cz. When signing a Smart Season subscription agreement, the customer is required to pay the amount specified below in section 4.1. Customers have the option to pay the charge for the season in the period 1. 9. 2018 to 31. 10. 2018, as described below in section 4.2. In addition, in the period 1. 09. 2018 to 31. 10. 2018, customers can additionally purchase services from partners of MELIDA with appropriate payment.
4.1. Smart Season –Špindl Subscription entitles the holder to use the ski resort services of MELIDA operators during the daytime (i.e. 08.30-16.00hrs) operation of transport facilities from 19.3.2018 to the end of the 2018/2019 winter ski season or from the date of purchase of Smart Season Pass, whichever is the later, until the termination of the 2018/2019 winter ski season. The subscription is paid in the gopass.cz e-shop for the sum of 990CZK - Adult, Junior/Senior - 990CZK, Child - 990CZK.
In the event that the customer, from 19.3.2018, or from the date of purchase of the Smart Season Pass, whichever is the later, until 30.4.2018, makes use of any service for which the Smart Season Pass entitles them, or, due to decisions made by the customer or any other legal reason other than the non-operation of the centre in Špindlerův Mlýn they do not use these services, the customer is not entitled to a refund of the purchase price paid or its proportional part.
With regard to the choice of additional payment referred to in point 4.2. below, these customer terms and conditions are effected by the customer upon payment of the additional payment/supplement. After payment has been made by the customer for the chosen additional payment, the amount of the additional payment and the resulting type of Smart Season Pass cannot be altered by the customer!
4.2 Smart season – Špindl Additional Payment entitles the holder to use the services of ski resorts connected by MELIDA, a.s. during the daytime operation (i.e. 08.30-16.00hr) of transport facilities from the beginning of the winter ski season 2018/2019 until the end of the winter ski season 2018/2019 and from 19.3.2018 (or from the date of purchase of the Smart Season Pass, whichever is later), until the end of the winter ski season 2017/2018. The additional payment payable in the gopass.cz e-shop is in the sum of 4000CZK - Adult, Junior/Senior - 3000CZK, Child - 2500CZK (total purchase price for Adult is 4990CZK, Junior/senior 3990CZK, Child 3490CZK).
In the event that the customer does not pay the purchase price by 31.10.2018, the contract expires at midnight on 24.10.2018 (i.e. the contactless chip card GOPASS ceases to be eligible for use as a season card for skiing or for other services under the terms and conditions set forth herein).
Upon purchase of the SMART SEASON PASS ŠPINDL, there is the opportunity to purchase additional services for the Tatry and Szczyrk ski resorts and Aquapark Tatralandia and Bešeňová:
4.2.1 Chytrá sezónka –Tatry Supplement2018/2019 entitles the holder to use the services in Skiareál Špindlerův Mlýn and in the ski resorts operated by TMR (Vysoké Tatry, Nízké Tatry and Jasná) and 1.Tatranská (Štrbské Pleso) during the daily operation (i.e. 08:30-16:00hrs) of transport facilities. The additional sum payable in the e-shop at gopass.cz for the extension of the TMR Slovak centres and 1.Tatranská will be in the amount of 4000CZK - Adult, Junior/Senior - 4000CZK, Child - 4000CZK. The total purchase price, including additional subscription, for Adults is 8990CZK, Junior/Senior 7990CZK and Child 7490CZK.
4.2.2 Chytrá sezónka – Szczyrk Supplement 2018/2019 entitles the holder to use the services in Skiareál Špindlerův Mlýn and in the ski resorts operated by SON S.A. and the contractual partners of SON S.A. (Szczyrkowski Ośrodek Narciarski, Centralny Osrodek Sportu a Beskid Sporta Arena) during the daily operation (i.e. 08:30-16:00hrs) of transport facilities. The additional sum payable in the e-shop at gopass.cz for the extension of the Szczyrk centre will be in the amount of 1300 CZK – Adult, Junior/Senior – 1300CZK, Child – 1300 CZK The total purchase price, including additional subscription, for Adults is 6290CZK, Junior/Senior – 5290CZK, Child - 4.790CZK.
4.2.3 Smart Season Aquapass – Upon payment of the initial sum of 990CZK for a Smart Season Pass, customers have the possibility to purchase a Smart Season Aquapass 2018/2019, which entitles the holder to use the services in Skiareál Špindlerův Mlýn and Aquapark Tatralandia operated by TMR and Bešeňová Aquapark operated by EUROCOM during the daily operations of the aquaparks from 1.12.2018 to 30.04.2019 or from the beginning of the winter season 2018/2019 dependent on the decision of the aquapark operators should this date occurs later than 1.12.2018, until 30.04.2019, or until the end of the winter season 2018/2019, dependent on the decision of the aquapark operators if this date occurs prior to 30.04.2019. The surcharge should be paid at the e-shop gopass.sk. Supplementary prices for Aquapark Tatranadia and Bešeňová Aquapark are 49€ - Adult, Junior/Senior - 49€, Child - 49€. In case of purchase on gopass.sk, the customer is governed by the general business terms and conditions published on gopass.sk. The customer is entitled to use the services at Aquapark Tatralandia, the all-day entry of the "Tropical/Fun Packet" (excluding admission to the Celtic Sauna World) and Aquapark Bešeňová, i.e. the all-day Relax/Sunny Packet type entrance (excluding admission to Harmonie Wellness & Spa) during the term 19.03.2018 to 29.06.2019; and if in the period from 01.09.2018 to 31.10.2018 the customer pays the Smart Season Aquapass price supplement of 30€, they are entitled to use the services at Aquapark Tatralandia, a full-day Tropical Packet (excluding admission to the Celtic sauna world) and in Bešeňová Aquapark the all-day "Relax Packet" (excluding admission to Harmonie Wellness & Spa) and from 01.12.2018, or from the commencement of the winter season 2018/2019 dependent on weather and skiing conditions and the operator's decision if this day occurs later than 01.12.2018, until 30.04.2019 or until the end of the winter season 2018/2019 dependent on the weather and skiing conditions and the operator's decision if this day occurs before 30.04.2019 (total price 79€). Surcharge for entry to the Celtic sauna world at Aquapark Tatralandia and for entry to Harmonie Wellness & Spa at Bešeňová Aquapass is for the Smart Season Aquapass holder from 19.03.2018 to 29.06.2018 and in the winter season 2018/2019 the amount of 6€ per entrance.
4.2.4 Smart Season Pass Aquapass 2 - The Smart Season Pass holder (after paying the Smart Season Pass price) has the possibility to buy Aquapass Smart Season 2 at the price of 89€ which entitles its holder to use the services of Aquapark Tatralandia from 01.09.2018 to 31.10.2018, all day "Tropical Packet" entrance (excluding admission to the Celtic sauna world) and Bešeňová Aquapark, all-day "Relax Packet" (excluding admission to the Harmonie Wellness & Spa) from 01.12.2018 or from the commencement of the winter season 2018/2019 dependent on weather and ski conditions and the operator's decision if this day occurs later than 01.12.2018, until 30.04.2019 or until the end of the winter season 2018/2019 dependent on weather and ski conditions and the operator's decision if this day occurs before 30.04.2019. The surcharge for entry to the Celtic sauna world in Aquapark Tatralandia and entry to the Harmonie Wellness & Spa in Bešeňová Aquapark is 6€ for Aquapass holders.
Invoices for the purchase of SMART SEASON PASS at www.gopass.com will be issued in the name and surname supplied at the registration of the GOPASS profile. The issued invoice cannot be subsequently changed to another customer (including a legal person).
After crediting the GOPASS chip card, the customer receives a payment receipt from the operator. The credit payment for the GOPASS Chip Card is guaranteed to be processed within 30 minutes of successful payment confirmation.
5. Discounted Smart Season Passes:
5.1 "Senior" Smart Season Passes for people aged 60 and over.
5.2 "Junior" Smart Season Passes for youths aged 12-17 years.
5.3 "Children" Smart Season Passes for children aged 6-11 years
5.4 The customer must claim the discounted price at the time of purchase, not at the time of use of purchased services.
5.5 Discounted rates for Smart Season Passes are published in the TMR price list.
5.6 It is not possible to combine discounts. Customers pay the best rate available.
6. All Smart Season Passes are non-transferable.
7. Opening times and operation:
7.1 The operation of individual transport devices (cable cars and ski lifts) in individual ski resorts is dependent on weather conditions in individual ski resorts.
7.2 The operational times of chairlifts and ski lifts and ski slopes in individual ski resorts is determined by MELIDA, a.s., and the operator of Skiareál Špindlerův Mlýn and TMR.
7.3 Ski passes in the resorts of ŠPINDL + TATRY + SZCZYRK are only applicable to resorts operated by MELIDA, a.s.. Use of ski passes in the Tatra Mountain Resorts and in the Szczyrk resorts and in Aquaparks Tatralandia and Bešeňová Aquapark can only be used after activation in Skiareál Špindlerův Mlýn, operated by MELIDA, a.s.. It is not possible to use the ski passes at the centres of TMR and SON S.A. resorts and aquaparks without this prior activation. The supplement for the Smart Season Pass 2018/2019 is payable through www.gopass.sk.
7.4 Unless otherwise specified by operators of individual ski resorts, the operating hours of cable cars and ski lifts and ski runs in the individual ski areas operated by MELIDA and the ski resorts operated by TMR from the beginning of the 2018/2019 winter season is 08.30-16.00hrs, to the end of the 2018/2019 winter season from 08.30-16.00hrs.
7.5 From the commencement of the 2018/2019 winter season until the end of the 2018/2019 ski season all slopes are CLOSED from 16.00-08.30hrs! There is a risk of injury from the (winch) cables of snow making machines and snow groomers on the slopes! Where night skiing is permitted, entry to the slope is from 18.00-21.30hrs unless otherwise specified by MELIDA, a.s. – operator of Skiareál Špindlerův Mlýn, or a ski resort operator otherwise specified.
7.6 MELIDA, operator of Skiareál Špindlerův Mlýn, is entitled to unilaterally change the operating time of transport facilities and ski runs at individual ski resorts. Information about snow conditions and the operation of ski lifts and cable cars and ski slopes are available daily at individual ski resorts, as well as at www.skiareal.cz.
7.7. The operating times of chairlifts, ski lifts and ski slopes in individual ski resorts is always determined by the operator of the individual ski resort dependent on weather and operating conditions.
8. Lost, stolen or damaged Smart Season Passes:
8.1 Lost or stolen Smart Season Passes:
8.1.1 1 In cases of loss or theft of a Smart Season Pass, the Smart Season Pass holder must immediately notify an information centre of MELIDA. The Smart Season Pass holder must present proof of identity of the person in whose name the Smart Season Pass was issued (or a legal representative). The Smart Season Pass can only be blocked and all necessary data checked only after the loss or theft has been reported and the required documents presented. The Smart Season Pass holder will receive a replacement Smart Season Pass. The fee for issuing a replacement Smart Season Pass is 2000CZK and the deposit for a contactless chip card is 50CZK. The Smart Season Pass holder is not entitled to a refund or to receive any other form of compensation for any delay in reporting the loss/theft until the pass is blocked.
8.2 Damaged Smart Season Passes:
8.2.1 In cases when a Smart Season Pass is damaged, the Smart Season Pass holder must notify an information centre of MELIDA. The Smart Season Pass holder must present the damaged Smart Season Pass and proof of identity of the person in whose name the Smart Season Pass was issued (or a legal representative). If the Smart Season Pass is damaged beyond repair, the holder will receive a replacement Smart Season Pass. In the event of manual damage, the Smart Season Pass holder must pay for the issue of a replacement pass and a 50CZK deposit for the contactless chip card.
8.3 In case of loss, theft or damage to Smart Season Pass in TMR ski resorts, SON S.A. and their contractual partners or aquapark operators, Smart Season Pass holders will not receive any financial or other compensation, no replacement passes can be issued and the passes cannot be re-encoded.
9. Complaints and refunds:
Services are provided by MELIDA, operator of Skiareál Špindlerův Mlý, in accordance with the provisions of Law no. 89/2012 Coll. Civil Code, as subsequently amended, in conjunction with the relevant provisions of the Act no. 634/1992 Coll. consumer protection and the Czech National Council Act no. 200/1990 Coll. on Misdemeanours, as amended, and Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and other generally binding regulations valid in the Czech Republic, in the case of the provision of services in Skiareál Špindlerův Mlýn ski resort the generally binding legal regulations valid in the Czech Republic.
9.2 The customer is entitled to be provided with transport services chair lifts and ski lifts or services at the agreed within the normal range of quality, quantity and date.
9.3 In the event of service defects, the customer must file a complaint without undue delay (defect or defects to transport services, transport failure or failure to provide services), but no later than two working days after the date on which the complaint arose, otherwise the claim will not be accepted.
9.4 When making a claim, the customer must present identification. The provider will investigate the complaint and immediately decide on the steps to be taken, or no later than within three working days if the case is more complicated. The deadline to settle the claim will not exceed 30 days from the date of application. For the purpose of settling the claim, the customer must provide contact details which will be used to notify of them of the outcome of the complaint if it is not possible to settle it immediately. The customer must provide all necessary assistance requested by the operator.
9.5 5 In exceptional circumstances, a Smart Season Pass holder may ask the operator to change the name of the holder if they provide a medical certificate proving they are suffering from a long-term illness or injury, or have another serious reason. Smart Season Pass holders are obliged to report their injury no later than 10 days from the date it occurred or from the date they learned about their long-term injury. They must also provide identification (or that of a legal representative). The operator reserves the right to investigate each such request individually and determine the legitimacy of the request for a change to the Smart Season Pass. In the event of a serious occurrence preventing the Smart Season Pass holder (long-term illness, accident, etc.) from using the services to which the Smart Season Pass entitles him, only the procedures under these terms is possible and the Smart Season Pass holder is not entitled to any financial or non-financial compensation. To change the holder of a Smart Season Pass, the new holder must meet the same conditions for the relevant category as the original holder, for example, to change the Smart Season - Adult category, the replacement person must be an Adult. This applies to other categories - Junior/Senior/Child.
9.6 The operator reserves the right to investigate and resolve each complaint individually, to decide its legitimacy, the requirements of the respective client and the potential refund.
11. By purchasing a Smart Season Pass and using the services in individual ski resorts operated by the MELIDA, a.s., operator of Skiareál Špindlerův Mlýn, as well as other facilities operated by TMR, SON S.A., contractual partners of SON S.A., 1. Tatranská, EUROCOM Investment, customers undertake to follow all instructions of authorised staff members, transportation rules, these general terms and conditions, general terms and conditions of individual services, and the Code published on the MELIDA website, www.skiareal.cz and the TMR websites www.jasna.sk and www.vt.sk. and the website of SON S.A. on www.gopass.pl and which available at all ticket offices and in information centres in individual ski resorts operated by MELIDA, operator of Skiareál Špindlerův Mlýn.
MELIDA , TMR and SON S.A. are entitled to cancel the Smart Season Pass and thus prevent the respective client from using services in ski resorts operated by TMR, the resort of Štrbské Pleso and in Skiareál Špindlerův Mlýn, as well as in other facilities operated by MELIDA and TMR, SON S.A., 1. Tatranská Ltd, MELIDA, a.s. and EUROCOM Investment, s.r.o. if the relevant pass is not used by the person who is entitled to do so, i.e. the person who is not the holder of the respective Smart Season Pass. Smart Season Passes are only valid with proof of identity, for children under 15 years with health insurance cards and for other passes with respective cards or ID documents enabling discounts. Should a pass be cancelled or blocked for a breach of the general terms and conditions or for other specific terms and conditions (unauthorised use of a pass and related unauthorised use of services in individual ski resorts operated by MELIDA or TMR or if items 12 and 13 of these general terms and conditions are violated), the customer is not entitled to any form of financial or non-financial compensation for unused services provided by MELIDA and TMR or SON S.A. or their contractual partners, or EUROCOM, in the individual ski resort and/or aquaparks, nor entitled to a refund of the price paid or a proportion of it.
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12. Smart Season Passes do not entitle holders to conduct any business or other gainful activities (including operation of ski schools) on ski slopes and in finish areas without the permission of the operator and without relevant licences pursuant to the generally binding legal regulations. Unless the operator permits it, the ski slopes and finish areas cannot be used for advertising purposes (including various stalls, advertisements etc.).
13. These terms and conditions are effective from 19.03.2018. These terms and condition apply to the provision of services – use of ski lifts, cable cars and ski slopes in all ski resorts operated by MELIDA, TMR resorts, SON S.A. and the contractual partners of SON S.A. If the provisions of these terms and conditions differ from the general business terms applicable to the provision of services - the use of ski lifts and cable cars and ski slopes in individual ski resorts operated by MELIDA or in TMR resorts or in SON S.A. and the contractual partners of SON S.A. (hereafter “general terms and conditions”), the terms of these business terms and conditions will prevail. If these differ from the general terms and conditions, the provision of these terms and conditions will take precedence.