SUUSAKESKUSTE AS TERMS OF SERVICE – WINTER SEASON

1 SCOPE

• Suusakeskuste AS provides leisure services and other services specified in these terms on the basis of these terms. The terms apply to lift tickets bought on site at the ski centres or by means of distance communication, to payment for other services and to making bookings.
• A person accepts the terms by entering the territory of Suusakeskuste AS (ski centres: Kuutsekas, Munakas, Vimka), buying a lift ticket, renting equipment or booking a ski lesson. By doing any of these things, the person confirms that they are at least 18 years old and have full legal capacity, or that they are under 18 and have their legal representative’s consent to use and pay for the services, using money the legal representative gave them for this purpose or for free use. Children under 7 may use the services only with an accompanying adult.
• The current text of the terms is available on the Suusakeskuste AS websites, at ticket offices and at equipment rental points. The terms are supplemented by specific terms, purchase and booking instructions, lift rules, hazard notices etc. published on the websites and at ticket offices.

2 CONTENT OF THE LEISURE SERVICE AND THE OBLIGATION TO HOLD A LIFT TICKET

• During the winter season, Suusakeskuste AS offers the use of the centres’ slopes for alpine skiing and snowboarding, together with uphill transport by lifts for this purpose (EMTAK 93299 – other amusement and recreation activities n.e.c.).
• A valid lift ticket is required to use the service. Being in the area intended for alpine skiing and snowboarding without a lift ticket is not allowed, during or outside opening hours. Exceptions: 1) a person may help a child on the beginner slope without a lift ticket; 2) at events and competitions, as set out by the organisers.
• Before using a lift, visitors must always pass through the ticket gate, which checks that the ticket is valid. At the request of Suusakeskuste AS staff (including lift operators, ski patrol and ski school instructors), visitors must show their ticket so its validity can be checked. If a visitor refuses, the lift ticket may be blocked and service may be refused.
• Different terms on using the services and holding a lift ticket may apply to children visiting with an accompanying adult, depending on the child’s age. These terms may differ between centres and may apply only for a certain period or under certain conditions (promotions).

3 LIFT TICKET PRICE, VALIDITY, BLOCKING AND REPLACEMENT

• The price of a lift ticket is the price announced by Suusakeskuste AS at the time of purchase. Prices published on Suusakeskuste AS websites, in catalogues, advertisements, price lists etc. are not binding and may change without notice. This includes dynamic pricing, for example in promotions or to manage visitor numbers at a centre.
• A reusable AXESS or SKIDATA chip card is needed to buy a lift ticket, and also to load free ride time for a child. Most chip cards used at other ski centres also work in the Suusakeskuste AS system (known exceptions are listed on the websites). If a visitor has no chip card, one can be bought at the current price list rate. Cards are not bought back.
• A lift ticket is personal. To prove the right to hold a lift ticket, or to buy an age-based discounted ticket, the visitor must show a photo ID. If the visitor refuses, the lift ticket may be blocked and service may be refused. Lift tickets may not be resold or transferred.
• A lift ticket may be valid at one or more centres, as announced by Suusakeskuste AS at the time of purchase.
• A lift ticket is valid for a set period counted in hours or days (ride time), as announced by Suusakeskuste AS at the time of purchase. A lift ticket valid for the whole season is a season pass.
• The lift ticket may be blocked and service may be refused in cases of lift ticket misuse (for example, using another person’s ticket, or using a discounted ticket without being entitled to it); failure to follow safety rules (on lifts and on slopes); failure to follow instructions from Suusakeskuste AS staff (including lift operators, ski patrol and ski school instructors); careless or dangerous behaviour towards other visitors or centre staff; and other similar situations.
• Unused ride time on a blocked lift ticket is not compensated in any way.
• There is no right of withdrawal when buying a lift ticket, whether by distance communication or at a ticket office, because it is a leisure service provided within a specific period (Law of Obligations Act § 47(3)(12) and § 53(4)(7²)).
• As a rule, unused ride time is not compensated or replaced for any reason. Suusakeskuste AS may make exceptions only in very well-justified cases (for example, an injury sustained at the ski centre, supported by a doctor’s certificate).
• By selling a lift ticket, Suusakeskuste AS does not undertake that all slopes and lifts will be open. Because of weather conditions and other factors, some slopes and lifts may be closed for the whole day or longer. Information on the slopes and lifts expected to be open is given when the lift ticket is bought. Lifts may be stopped and slopes closed from time to time without notice for visitor safety (because of weather conditions, the need to clean or inspect a lift, etc.), to hold an event, or for other reasons. Such temporary stoppages are not grounds for a lift ticket refund or a claim for compensation for unused ride time.
• In circumstances beyond the control of Suusakeskuste AS, which Suusakeskuste AS could not reasonably have been expected to take into account when selling the lift ticket, unused ride time will not be refunded in money. Examples include exceptional weather conditions that make it impossible to provide the service, or a competent authority closing the business or limiting visitor numbers, for example to prevent the spread of a virus. In such cases the ride time can be used at another time, and Suusakeskuste AS will publish details on its websites each time this happens.
• If a competent authority sets requirements for visitors to use the service (e.g. a vaccination requirement), a visitor who does not meet the requirement has no right to withdraw from the lift ticket purchase, and unused ride time is not compensated in any way.
• If a chip card is lost, the ticket is not replaced and the ride time is not compensated. For a lost season pass, the ride time is loaded onto a new chip card provided or bought by the customer, based on proof of purchase or the lost chip card’s number. This service is charged at the current price list rate.
• Additional terms apply to season passes. These are available on the Suusakeskuste AS websites and at ticket offices.

4 OBLIGATIONS AND LIABILITY OF THE PARTIES

• Visitors may be in the area intended for alpine skiing and snowboarding only during the centre’s opening hours. Being on the territory outside opening hours may be dangerous (no lighting, maintenance work in progress, etc.).
• The ski centre slopes are only for alpine skiing and snowboarding. All other activities are prohibited (walking, sledging, tubing, motor vehicles, sleigh riding, etc.).
• Alpine skiing, snowboarding and the use of Suusakeskuste AS services are at the visitor’s own risk and responsibility. For a child, responsibility lies with the parent or other person who allowed the child to use the ski centre. The same applies to the equipment used and to adjusting it to suit the rider.
• Visitors must understand that a ski centre is an environment with a higher than usual level of risk where extreme sports take place. Before using the service, visitors must therefore assess whether their health and skills are adequate. The person responsible for a child must make the same assessment for the child.
• In alpine skiing and snowboarding, the rider alone controls speed and changes of direction (unlike tubing or sledging, for example). Suusakeskuste AS is therefore not liable if a visitor cannot brake or control their speed and as a result falls, hits something (a tree, a post, etc.) or goes off the slope. The slopes have signs showing the difficulty level, so visitors can judge before going onto a slope whether it suits their skills. Visitors must understand that as a rule the slopes have no safety nets, barriers etc., and Suusakeskuste AS has no obligation to provide them.
• In addition to adequate skills (speed control and braking), visitors must follow internationally recognised rules: the International Ski and Snowboard Federation (FIS) Code of Conduct for Skiers and Snowboarders (available, for example, at https://assets.fis-ski.com/f/252177/49280306c8/fis-code-of-conduct-for-skiers-and-snowboarders-en.pdf), and the slope code, which is published on the centres’ websites and at ticket offices.
• By using the snow park (jumps, rails and other freestyle elements), visitors confirm that they are aware of the additional risks and agree to follow the snow park rules, which are published on the centres’ websites and at ticket offices.
• Visitors must take into account that this is an outdoor activity shared with other visitors, so slope conditions may change significantly, even within minutes, because of changes in the weather and/or other visitors’ activity (holes, bumps, moguls, ice, etc.).
• Visitors must behave responsibly and considerately and follow the instructions of Suusakeskuste AS staff (including lift operators, ski patrol and ski school instructors), because these instructions are given in the interest of all visitors’ safety and to prevent accidents.
• Leaving litter on Suusakeskuste AS territory is prohibited, except in designated and marked places. Leaving litter in the area intended for alpine skiing and snowboarding is considered behaviour that endangers other visitors.
• Visitors who notice an accident must inform Suusakeskuste AS staff immediately.
• Suusakeskuste AS strongly recommends that all visitors wear a helmet. Helmets are mandatory for minors. In snow parks, helmets are mandatory for everyone.
• When using a lift, visitors must follow the lift rules posted at the boarding area and the instructions posted along the route (information boards) on how to behave during the ride and how to get off the lift. Visitors using a lift or waiting in the lift queue must also follow the instructions of Suusakeskuste AS staff (including lift operators, ski patrol and ski school instructors). Among other things, staff may instruct visitors before boarding to remove items of clothing or adjust their clothing for safety reasons (e.g. removing a scarf, securing straps). Ski school instructors, ski patrol, and ski school students accompanied by an instructor may use the lift without queuing.
• Suusakeskuste AS is not liable for damage caused to a visitor by third parties.
• Suusakeskuste AS is not liable for damage suffered by a visitor, except in cases of intent or material breach of its obligations.

5 SKI SCHOOL

• Suusakeskuste AS provides ski lessons (ski school) run by certified ski instructors. Providing ski lessons at the centres without the agreement of Suusakeskuste AS is prohibited. Training sessions must also be agreed with Suusakeskuste AS in advance, and only coaches with a professional qualification certificate are accepted.
• Terms for booking, changing and cancelling ski lessons are available on the Suusakeskuste AS websites and at ticket offices.

6 EQUIPMENT RENTAL

• Suusakeskuste AS rents out alpine skiing and snowboarding equipment.
• When renting, customers must give accurate information about their skills so that suitable equipment can be recommended.
• When renting, customers must state their weight as accurately as possible, which is especially important for adjusting ski bindings. By renting, customers confirm that they understand ski bindings do not release automatically in every fall and are only a measure that reduces the likelihood of injury.
• Rented equipment may be used only by the customer personally and only in the area intended for alpine skiing and snowboarding. Customers must take good care of the equipment so that it is not damaged or lost, and must not let other people use it. Lost or damaged equipment must be paid for to Suusakeskuste AS.
• Equipment rental terms are available on the Suusakeskuste AS websites and at ticket offices.

7 PERSONAL DATA PROTECTION

• Suusakeskuste AS highly values its customers’ privacy. The following privacy notice explains how personal data is collected and used and what is done to protect it. Its purpose is to help customers understand why and how we process personal data and what rights they have in relation to their personal data.
• Personal data is processed on these grounds: to meet legal obligations (e.g. accounting, responding to requests from public authorities); as needed to provide services (pre-contractual relations, website use, payments, informing customers of circumstances affecting the service, information exchange between centres, customer identification); on the basis of legitimate interest (service development, customer relations, marketing); and on the basis of consent (newsletters, offers, online account, cookies). For these purposes we may collect personal details (first name and surname, personal identification code, ID document number, date of birth, photo) and contact details (telephone number, email address, home address, language of communication).
• Cameras are used to publish information relevant to using the service through the website, such as current weather and visitor numbers, and for visitor safety and to check that rules are followed (the right to hold a lift ticket, lift use, compliance with safety rules, etc.).
• Only Suusakeskuste AS employees who need personal data for their work have access to it. Outside Suusakeskuste AS, data is accessed only in very limited cases: by our service providers (e.g. business software provider, IT management and maintenance provider, email server provider, website administrator, payment service provider, auditor, lawyers), and by public authorities such as the police, courts, the Emergency Response Centre and the Data Protection Inspectorate, to whom we transfer data only when required by law. We do not store or transfer personal data outside the European Economic Area, or to countries for which no adequacy decision has been adopted under Article 45(1) of the General Data Protection Regulation (EU) 2016/679.
• Personal data is kept for different periods: 1) camera recordings – 1 month; 2) data on persons who requested an offer or made other enquiries but did not enter into a contractual relationship – 6 months; 3) contract and service data, kept to protect ourselves in possible disputes or to bring a claim to defend our rights – 3 years; 4) accounting source documents – 7 years; 5) data processed on the basis of consent – until consent is withdrawn.
• Suusakeskuste AS has put in place the necessary legal, organisational, physical and technical security measures to protect personal data. Physical measures: paper documents containing personal data are kept in locked rooms and cabinets that only certain employees can access for their work, and IT systems are adequately protected against physical interference. Technical measures: video surveillance; work computers are protected with a password screensaver when the employee leaves; the IT system blocks further login attempts after a certain number of failed attempts; and particularly vulnerable systems (e.g. laptops) are well protected (for example, by encryption or other means). Organisational measures: all IT system users are assigned roles and profiles, and access rights are revoked when an employee leaves. When we use external service providers who process personal data, we sign contracts requiring them to take suitable measures to protect the confidentiality and security of personal data and to process it in accordance with applicable law.
• Individuals have the right to know what data has been collected about them, for what purpose it is processed, to whom it is disclosed and how long it is kept, and what rights they have to rectification, erasure and restriction of processing. Before a request is answered, the person making it must be identified so that information is not given to an unauthorised person. Requests are answered within 30 days. Depending on the circumstances, individuals have the right to rectification, erasure or restriction of processing of their data, and the right to object to processing based on legitimate interest. Please send requests and applications to fun@kuutsemae.ee.
• For more information about your personal data or exercising your rights, contact fun@kuutsemae.ee. If the requirements of the General Data Protection Regulation are breached, individuals have the right to apply to the Data Protection Inspectorate or a court to protect their rights and interests.

8 VALIDITY OF THE TERMS

• Suusakeskuste AS reserves the right to amend these terms. The most recently published text applies. Translations into other languages are for information only; the Estonian text is legally binding.
• If any provision of these terms is invalid because it conflicts with the law, this does not affect the validity of the other provisions.
• Legal relationships arising under these terms are governed by the laws of the Republic of Estonia. Disputes are settled by negotiation. If no agreement is reached, disputes are settled by Tartu County Court.

Suusakeskuste AS (10211494) Kuutsemäe, Arula village, Otepää rural municipality, Valga County, 67301, Estonia fun@kuutsemae.ee