Terms of sale

GENERAL CONTRACTUAL TERMS AND CONDITIONS

(ART. 1341 OF THE ITALIAN CIVIL CODE)

 

These General Contractual Terms and Conditions, unless otherwise specified by a specific written agreement between the parties or by other specific conditions relating to the specific services offered, apply to all ski instruction/accompanying services provided by the Scuola Italiana Sci & Snowboard Canazei Marmolada, an association of professionals (A.T.P.), represented by its legal representative pro tempore (VAT no. 01225110228), with registered office at Strèda del Piz, 18 – 38032 Canazei (TN) – tel. +39 0462 602688 – info@scuolascicanazei.com, Pec (Certified Email): scuolascicanazeimarmolada@legalmail.it and constitute an integral part of the same, even if not expressly referred to in the booking/payment of lessons and/or other types of professional activities and services/performances, of any nature, carried out by the School’s staff.

 

Art. 1 – Definitions

1.1. For the purposes of the correct interpretation of the agreements concluded between the parties, the following definitions apply:

1. a) Ski & Snowboard School: the organization established by the Association of freelance professionals (ski instructors) under the name Scuola Italiana Sci & Snowboard Canazei Marmolada A.t.p. (hereinafter also referred to as Ski & Snowboard School or simply the School) whose corporate purpose is the teaching of Alpine, Nordic, and snowboarding disciplines, subject to recognition by the Autonomous Province of Trento (Article 40 of Provincial Law 20/1993).

 

1987. b) Ski and Snowboard Instructor: A professional qualified to teach skiing techniques in all their specialties, using any type of equipment, and to accompany, even on a non-exclusive and non-continuous basis, individuals or groups of people, on ski slopes, ski itineraries, and off-piste skiing routes that do not involve difficulties requiring the use of mountaineering techniques and equipment such as ropes, ice axes, and crampons. In the exercise of their professional activity, the ski instructor trains skiers to safely navigate the slopes and to observe the rules of conduct set forth in Article 51 of Provincial Law No. 21 of April 21, 1987. 7 (Provincial Law on Cableways), and, as a tourism operator, brings skiers closer to the Alpine environment while respecting its natural characteristics, collaborating with the Province, communities, municipalities and local organizations operating in the tourism promotion sector in order to raise awareness of the natural mountain environment, traditions and local territorial vocations in the practice of skiing (Article 24 of Provincial Law 23 August 1993, no. 20 “Regulation of the profession of Alpine orienteering, medium mountain guide and ski instructor in the province of Trento and amendments to Provincial Law 21 April 1987, no. 7 (Regulation of cableway lines in public service and ski slopes)”.
1988. c) School Staff: The group of instructors – a minimum of eighteen – who work within the School, organized and distributed functionally to meet the educational needs of the Technical Director and legal representative of the School (Article 31, paragraph 1, letter C) of the Presidential Decree of February 27, 2007, no. 3-83/Leg.) during the relevant winter season, usually from December of each year to March/April (depending on snow and weather conditions and the opening/closing of ski lifts) of the following year.
1989. d) Client: The recipient of the ski training/accompanying activity provided by the School upon payment of the applicable fee.
1990. e) Equipped ski area (hereinafter, for brevity: “ski area”): a snow-covered surface, including artificial snow, including slopes, ski lifts, and snowmaking facilities, usually reserved for snow sports such as skiing (in all its forms), snowboarding, cross-country skiing, sledding, and any other sports identified by applicable provincial regulations. It is conventionally identified by reference to the ski map on the School website: https://www.scuolascicanazei.com/.
1991. f) Contract for the provision of training and coaching services by the Ski & Snowboard School (hereinafter, for brevity: “Contract”): Contract under which the School and, on its behalf, the instructor on its staff undertake, in exchange for a fee, to provide the client with professional intellectual and practical services aimed at teaching skiing techniques and/or accompanying clients within the ski area equipped for sporting and/or recreational purposes.
1992. g) Ski slope (hereinafter, for brevity: “slope”): A snow-covered surface, including artificial snow, located within the ski area, marked with different colors based on objective difficulty and used, albeit not exclusively and in any case at the discretion of the individual instructor, for the purposes of fulfilling the contract.
1993. h) User Information: All information that the School and the instructor make available to the user, making it accessible to the user through the most appropriate means, in any case at the school’s premises and on the school’s website https://www.scuolascicanazei.com/..
1994. i) Shop and Rental: Sports equipment rental agreements (short-term rental of movable property) and/or the sale of sporting goods can be concluded at the School’s premises. For tax purposes and with respect to the rules on the processing of personal data, this activity is attributable to Marmolada Srl, with registered office at Strèda del Piz, 18 – 38032 Canazei (TN), VAT number: 00198930224 – Fiscal Code: 00262440225 European VAT: IT00198930224, certified email: marmolada@legalmail.it

 

Article 2 – Obligations of the Ski & Snowboard School and the Instructor

2.1. The School and its instructors undertake to the client:

1. a) provide instruction/support exclusively through the use of recognized and qualified professionals in accordance with the requirements of current legislation.
2. b) offer a learning/support program based on respect for the individual, their motor skills, and their learning pace, managing the inherent and unavoidable risks associated with this, as well as respect for the natural environment in which the activity is practiced.
3. c) provide information on the rules of conduct and safety necessary for the client to maintain appropriate behavior for the chosen activity.
4. d) offer clients an educational program that also enhances cultural, touristic, and sporting aspects, encouraging, in addition to technical learning, the dissemination of the ethical principles inherent in physical activity in a natural environment.

Art. 3 – Services of the Ski School and the Instructor

3.1. The Ski School and the instructor conventionally and traditionally provide their services in the form of individual and group private lessons, group courses, and paid ski coaching. Lessons last 55 minutes per hour.

3.2. Individual private lessons are designed for a single participant, while group private lessons are designed for multiple participants (e.g., members of the same family or tourist group), without taking the form of a group course. They consist of single or multiple training sessions with a qualified ski instructor, each lasting 55 minutes.

3.3. Group lessons, on the other hand, consist of activities designed for a number of participants (called a class) who, typically, do not know each other and are assembled by the ski school or a single instructor based on criteria of technical consistency and age, with a minimum number of participants per level and type. They consist of a daily or multi-day (usually weekly) educational session and/or tutoring with a qualified ski instructor, for a minimum duration based on the individual activities advertised by the school.

3.4. All types of ski lessons and courses must be paid in advance. For individual lessons, a deposit of 50% of the total cost of the lessons is required at the time of booking, or 100% if a single hour or day is requested. Group lessons booked online must be paid in advance at the time of booking.

3.5. The purchaser is required to present a printed voucher proving the service paid for, which will be provided by the School office upon payment and will serve as a receipt for the entire duration of the lessons, in time for the start of the lesson. It is recommended that the purchaser go to the school office to settle the payment and collect the voucher at least one hour before the start of the lesson. If this is the first lesson in the morning, the purchaser must go to the School office no later than the day before.

3.6. All lessons and courses are nominal, and students cannot be replaced by others once the course has begun. In the case of individual private lessons, students may be replaced by others, subject to prior notification to the School, even after the course has begun.

3.7. The Ski School and the instructor undertake to communicate the maximum number of participants for each group course, ensuring that they are of a similar level through a prior technical assessment conducted by the assigned instructor, also based on the instructions/information provided. The instructor assumes full responsibility for the information provided by the client or someone on their behalf (so-called selection, which the client is required to undergo, under penalty of exclusion from the course). The instructors are the only persons authorized to determine a student’s correct technical level, based on demonstrated technical ability and the official technical texts in force. For this very reason, course participants must show up for selection on the first day. Otherwise, we will not be able to guarantee participation in the course, and no refunds will be given.

During certain peak weeks of the season, due to high demand, the School reserves the right to require a minimum number of class days.

3.8. If the minimum number of participants for the group course is not reached or is not reached during the course duration, the School/Instructor reserves the right to cancel it, shorten its duration, or combine it with another compatible course with the same schedule and teaching level, taking into account specific organizational/operational possibilities.

3.9. Both private and group lessons and group courses are held in any weather conditions deemed suitable by the instructor for the safety of the participant, based on the skier’s technical ability. A lesson not taken due to inclement weather that prevented it from taking place due to the total closure of the facilities or any other circumstance in which the skier’s safety cannot be guaranteed, may be made up by traveling with the instructor to another ski area or by changing the time slot.

3.10. All activities organized by the School do not include ski passes, equipment, and necessary clothing. Meals are included only if indicated on the website or voucher. Third-party liability insurance, accident insurance, travel insurance (with reimbursement for missed lesson hours), and legal protection insurance for clients, which are strongly recommended for activities other than the use of the Alpine ski slopes, are NOT included. Please note that third-party liability insurance for the use of the Alpine ski slopes is mandatory pursuant to Article 30 of Legislative Decree No. 40 of February 28, 2021 (“Implementation of Article 9 of Law No. 86 of August 8, 2019, containing measures regarding safety in winter sports”) and that therefore all clients, including minors, are required to independently obtain the relevant third-party liability insurance (RCT) in advance before accessing the ski area. We recommend consulting the 24H Assistance website: snowcare https://snowcare.it/ and snowcare lessons https://snowcare.it/snowcare-lessons/

 

Arte. 4 – Sistema di prenotazione e politica delle cancellazioni/disdette

4.1. Le prestazioni offerte dalla Scuola Italiana Sci & Snowboard Canazei Marmolada Associazione tra professionisti (A.t.p.) ai propri clienti, sia direttamente che per il tramite della Marmolada Srl, possono rientrare nella definizione di servizi turistici integrativi dell’offerta turistica in quanto afferenti all’organizzazione di attività di intrattenimento o sportive, la fornitura di pasti e bevande, l’assistenza all’infanzia (kinderland), la fruizione di attrezzature sportive. Esse rientrano quindi nella previsione e sono regolate dalle disposizioni di cui al Titolo I, Capo I del D.l.vo 23 maggio 2011, n. 79 (Codice del Turismo). Per quanto non previsto dal suddetto Capo, si applicano le disposizioni del codice del consumo.

4.2. Nel presente articolo sono contenute le informazioni sulla facoltà per il cliente di recedere dal contratto concluso e i costi conseguenti.

4.3. In caso di chiusura impianti per chiusura anticipata rispetto alla data inizialmente prevista (causa mancanza neve) o straordinaria (da qualunque ragione determinata nel corso della stagione) di tutti gli impianti della ski area di riferimento, verrà restituito l’importo effettivamente pagato, detratto il 10% a titolo spese di gestione. Non si effettua la trattenuta se viene richiesto un Vaucher sostitutivo dell’importo pagato da valere per la stagione invernale in corso o la successiva.

 

4.4. In the event of a cancellation communicated in writing via email at least 7 days before the start of booked and paid-for lessons or group courses (in whole or in part), the amount actually paid will be refunded, less a 10% administration fee. No refund will be made if a replacement voucher is requested for the current or next winter season. Cancellations received more than 7 days in advance, or cancellations for courses booked or paid for less than 7 days in advance, will not be refunded (and it is therefore recommended that cancellation insurance be purchased by the client).

4.5. For multi-day individual or group lessons and multi-day group courses that have already begun, a refund will be given for the portion of the lesson(s) not taken, according to the refund rate table below, or a replacement voucher for the corresponding expenses only in the following cases:

– injury upon presentation of a medical certificate issued by a local hospital or clinic;

– illness upon presentation of a local medical certificate;

*       €65.00 per day for children’s day courses;

*       €60.00 per day for Junior Club courses;

*       €45.00 per day for adult and snowboard courses;

*       €40.00 for VIP and Alba children;

*       €25.00 per day for Alba cross-country skiing and adult courses (seasonal);

For private lessons, the value of the remaining lessons for each person will be refunded; the additional person will be reimbursed at €15.00 per hour;

Non-local certificates will not be accepted. Refunds or replacement vouchers will be valid for 24 months from the date of issue and will be calculated from the day after the certificates from a local doctor or a local hospital or clinic are presented.

For organizational reasons, certificates must be submitted by 4:00 PM.

All refunds granted by the school administration will be processed within 15 days, via bank transfer or directly to the credit card details provided at the time of booking.

 

 

 

 

Art. 5 – User Obligations

5.1. The user undertakes to:

1. a) pay the fee for the chosen activity in advance and arrive on time with a ski pass. Please note that prices are subject to change or variation in the event of intervention by the authorities in the fiscal, monetary, economic, or social fields.
2. b) If special economic or age conditions apply to certain categories of customers, the customer or their legal representative is required to demonstrate in advance that they meet the required requirements. To register for courses, it is mandatory to comply with the age ranges indicated on the school website, declaring the student’s age at the time of registration;
3. c) scrupulously comply with the instructions provided by the School and the instructor, maintaining punctual start times and collaborating to ensure the optimal management of the activity. To ensure the correct technical and educational progression of the groups, it is impossible to integrate a participant from the second day of the course or reinstate a person who was absent.
4. d) Refrain from any behavior that could hinder or jeopardize their own safety or that of others, avoiding endangering themselves and/or other users, and avoiding damaging the equipment used during the activity. For these reasons, the instructor is not required to wait for a late participant or allow latecomers to join the group after the session has begun. For these same reasons, the client or their parent or guardian (in the case of minors) is required to notify the instructor and the School office of any food intolerances, illnesses, or disabilities of the students for any reason;
5. e) Observe the rules of conduct in force within the ski areas and on the facilities, as required by current regulations.
6. f) Wear equipment and clothing appropriate for the activity to be performed and the natural environment in which it takes place, taking into account the altitude (usually well above 2,000 meters above sea level) and the season. Please remember that:

• Starting in the 2025/2026 season, a protective helmet is mandatory for everyone on Italian ski slopes.
• It is recommended that minors carry a minimum daily provision of €10.00, provided by their parents or guardians.
• The following are the general conditions for equipment rental/sale at our school’s Canazei shop/rental:
• All packages purchased at a discounted price are non-refundable under any circumstances.
• Promotional equipment rented with a course/lesson must be picked up no later than the day before the activity begins. It can be kept for a maximum of 6 days. After the 7th day, a daily supplement will be charged, according to the rental rates available at https://www.scuolascicanazei.com/.
• Equipment is delivered and must be returned to the school’s Canazei shop/rental at Strèda del Piz, 18 in Canazei (TN).
• For customers enrolled in the V.y.p. course in Canazei who rent equipment, storage is free at the Canazei office.
• The renter assumes full responsibility for the rental item.
• In the event of total breakage, the rental item will be charged to the renter at the selling price of the rented item.
• In the event of partial damage to the equipment, the cost of repair will be charged to the renter.
• In the event of theft, the renter is required to file a report with the relevant police and submit a copy of the report to the School. Otherwise, the cost of the equipment will be charged at its replacement cost.
• On the first day of class, children will receive a bib. If lost or failed to return it, a €15.00 refund will be required for the purchase cost.
• Minors (unless they have the Kinderland service) must be accompanied and picked up by a responsible adult. If they are picked up late, they will be charged for the next hour.

 

Art. 6 – Territorial scope, conclusion of the contract, service delivery times

6.1. Territorial scope of the contract: unless otherwise specified, the Canazei – Alba – Col Rodella Ski Area and the “SellaRonda” ski tour.

6.2. Conclusion of the contract: The contract is concluded between the parties when the client accepts the offer formulated by the Ski School, including through its instructors, by paying the applicable fee.

6.3. Performance of the service: The performance of the service coincides with the duration of the activity chosen by the client and is certified by the voucher issued by the School office.

6.4. Group courses cannot be converted into private lessons, unless authorized by the School Director if the student’s level is not compatible with that of the other participants.

Art. 7 – Information on the Processing of User Personal Data

7.1. The information on the processing of personal data is published on the school website and in its premises, to which the customer is invited to give his or her consent.

 

Article 8 – Complaints

8.1. The customer has the right to file a complaint, including through a consumer protection association, no later than 10 working days after the event that gave rise to the complaint. The complaint must be submitted to the registered office of the ski school by registered mail with return receipt, or by hand with receipt, or by certified email (PEC).

8.2. The ski school/instructor has a maximum of 40 working days from receipt of the complaint to respond.

8.3. In the event of failure to respond within the deadline referred to in point 2, or if the response is deemed unsatisfactory, the user has the right to contact a consumer and user association for assistance in amicably resolving the complaint.

8.4. The complaint must contain, in addition to the complainant’s personal details, all documents necessary for its evaluation.

 

Article 9 – Dispute Resolution

9.1. All disputes arising from or related to the contract that may arise between the Parties may be referred to the mediation procedure governed by the regulations of the Trento Chamber of Commerce.

9.2. In the initiated procedure, the Parties may, at their discretion, also be assisted by their respective organizations or associations.

 

Art. 10 – Applicable Law and Jurisdiction

10.1. This standard contract is governed by Italian law. For anything not expressly provided for, reference is made to the provisions of the Civil Code and other applicable laws. Except for disputes falling under consumer protection legislation, the Court of Trento shall have exclusive jurisdiction for all other disputes, to the exclusion of any other alternative jurisdiction.