Terms and Conditions
1. General provisions
1.1. These general terms and conditions govern the rights and obligations of the contracting parties arising from the contract for the provision of services concluded between the trader, which is Pro Ski a.s., with its registered office: Malý trh 2/A, 811 08 Bratislava, Company ID: 35 884 291, VAT ID: SK 2021814421, registered with the Municipal Court Bratislava III., Section Sa, Vl. c. 3323/B, business address: Winter park Martinky, M. R. Štefánika 6, 036 01 Martin (hereinafter referred to as the “Seller”) and the buyer, who is an end consumer ordering services through the Seller’s e-commerce site (hereinafter referred to as the “Buyer”).
Contact details of the Seller
- E-mail: eshop@martinky.com
- Tel: +421 43 430 60 00
- Address of operation: Winter park Martinky, M. R. Štefánika 6, 036 01 Martin
1.2. The address of the registered office and contact details of the seller specified in the previous point are the contact details of the seller for the purposes of exercising rights under liability for defects, withdrawing from the contract, submitting a request for correction or other suggestions, as well as other communication with the seller. For the purposes of exercising rights under liability for defects, other complaints and suggestions, points 5.7. and 5.8. of these terms and conditions apply.
1.3. The seller’s activities are subject to supervision by the Slovak Trade Inspection – Inspectorate of the Trade Inspection Authority for the Banskobystrický Region, Dolná 46, 974 00 Banská Bystrica 1.
1.4 The buyer has the right to contact an alternative dispute resolution entity in order to protect his consumer rights arising from the contract for the provision of services of the purchase contract concluded through e-commerce, the possibility of contacting the court is not affected. If the buyer is not satisfied with the way the seller handled his complaint or believes that the seller has violated his rights, he has the right to contact the seller with a request for redress. If the seller responds negatively to such a request from the buyer or does not respond to such a request within 30 (thirty) days from the date of its sending, the buyer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes. The competent entity for alternative dispute resolution with the seller is: the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. The buyer has the right to choose which of the listed alternative dispute resolution entities to contact.
1.5 The Buyer may also submit a proposal to initiate alternative dispute resolution electronically via the alternative dispute resolution platform, which is available online at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
1.6. By sending an electronic order to the seller, the buyer confirms that he agrees that these general terms and conditions and their provisions will apply to all service contracts concluded on the e-commerce website operated by the seller, on the basis of which the seller supplies the services presented on the website to the buyer (hereinafter referred to as the “purchase contract”) and to all relations between the seller and the buyer arising from the concluded service contract and to complaints about the services.
1.7. The general terms and conditions are an integral part of the service contract.
1.8. The offer of services on the e-commerce website operated by the seller is a catalog of commonly provided services and the seller does not guarantee the immediate availability of all the listed services. The availability of services will be confirmed to the buyer by an e-mail message confirming receipt of the buyer’s order.
1.9. The Seller is bound to the Buyer by its offer of services presented on the Seller’s website, including the price, for at least 24 hours from the date of sending the notification of acceptance of the order to the Buyer.
- Method of concluding the contract of sale
2.1. The Buyer makes a binding order for services in the form of a form completed and sent by the Buyer on the Seller’s website and/or in the form of a telephone order from the Buyer to the Seller (hereinafter referred to as the “Order”).
2.2. The Service Agreement is concluded by the Seller’s binding acceptance of the order in the form of an e-mail message confirming receipt of the Buyer’s order (hereinafter referred to as the “Order Confirmation”). An automatically executed notification of receipt of the order into the Seller’s electronic system is not considered a binding acceptance of the order.
2.3. Based on the concluded Service Agreement, the Seller shall provide the Buyer with a voucher entitling the Buyer to use the ordered services (hereinafter referred to as the “Voucher”) in electronic form to the e-mail address specified in the order. The voucher entitles the Buyer to exchange it for a physical ski pass at the cash desk in the establishment specified in point 1.1. of these terms and conditions; The use of the purchased services is then possible based on the ski pass. The use of the services by the buyer begins with the exchange of the voucher for the ski pass.
- Delivery conditions
3.1. The Seller is obliged to provide the Buyer with services in the agreed quantity, quality and deadline and to deliver a voucher to this end.
3.2. The Buyer is obliged to accept the voucher for the ordered services, pay the Seller the agreed purchase price within the agreed maturity date, including the costs of delivering the voucher (in the case of delivering the voucher in printed form), not to damage the Seller’s good name, and confirm receipt of the voucher with his signature or the signature of a person authorized by him.
3.3. The Buyer is not obliged to use the services, but in the event of their non-use, he is not entitled to a refund of the purchase price, or to the provision of replacement services or the same services at another time. This also applies if, after the ski pass has been handed over to the Buyer, it is lost, stolen, damaged or misused.
3.4. The seller is obliged to deliver the voucher to the buyer within 14 days of payment of the purchase price for the ordered services.
3.5. The buyer is obliged to collect the voucher at the location specified in the order.
3.6. A tax document meeting the requirements set by law will be attached to each shipment upon request.
3.6. By purchasing a ski pass, the buyer undertakes to comply with the valid operating and commercial terms and conditions and the White Code (i.e. the rules of movement and behavior on the slope).
3.7. The ski pass can be used on all operated cable cars and ski lifts in the Winter Park Martinky ski resort.
3.8. The ski pass is valid during the operation of cable cars and ski lifts during the operating hours specified by the seller, which are published on the seller’s website, as well as directly at the place of operation
3.9. The ski pass is non-transferable.
3.10. The hourly ticket is non-transferable and is valid for 4 consecutive hours from the first time you pass through the turnstile. It expires after the time has elapsed or at the end of the resort’s operating hours on a given day. The seasonal ski pass is valid only for the person with the surname and first name for whom it was issued, otherwise such a ski pass will be blocked or. withdrawn for the rest of the winter season without compensation.
3.11. The ski pass entitles the buyer exclusively to use the transport facilities and ski slopes for recreational skiing or snowboarding. The ski pass does not entitle the buyer to use the transport facilities and ski slopes for business or other gainful activity in the ski resort area, in particular for providing services to third parties for a fee, organizing courses, training or other organized activities. Such activity may be carried out in the ski resort area only on the basis of a special contract or written consent of the operator.
3.12 Given the nature of the services provided by the seller, in the event of adverse weather conditions preventing the operation of all transport facilities, the seller may issue replacement tickets for any other date in the season; if only one of the facilities is not in operation, no compensation will be provided. No financial compensation will be provided.
3.13. In the event of a breach of obligations under point 3.11, the seller or the operator of the ski resort is entitled to block or withdraw the ski pass without the right to a refund of the purchase price, and is also entitled to expel the person concerned from the ski resort area.
- Purchase price
4.1. The purchase price of the services is always stated on the website of the seller’s e-commerce store with VAT. The seller may set different prices for the services depending on the specific date of provision of the service; the prices valid for different dates will be stated in the valid price list.
4.2. After the order is confirmed by the seller, the buyer is obliged to pay the seller the purchase price of the services stated in the order, including the costs of delivering the voucher (hereinafter referred to as the “purchase price”) by bank transfer to the seller’s bank account via the payment portal, which is part of the online store.
4.3. The day of payment is considered the day on which the entire purchase price was credited to the seller’s account.
4.4. In the event that a discount for certain services is published in the online store, this discount can only be applied under the condition of proving compliance with the specified conditions by a credible document when exchanging the voucher for a ski pass. In the event of unauthorized application of a discount, the seller is entitled to withdraw from the contract or demand payment of the full purchase price of the service.
- Complaints procedure (liability for defects, warranty, complaints)
5.1. The Seller is responsible for defects in the services that occur during the provision of the services and the Buyer is obliged to immediately claim them from the Seller in accordance with these General Terms and Conditions.
5.2. If the services were not properly provided or have defects, the Buyer has the right to file a complaint with the Seller in writing or by e-mail. The Buyer is obliged to precisely indicate the type and extent of the defects in the service, or the way in which the defect manifests itself.
5.3. The Buyer is obliged to file a complaint with the Seller about defects in the services without undue delay after they were provided and, if they were not provided at all, from the day they should have been provided.
5.4. The Seller shall provide the Buyer with a written confirmation of the defect immediately after the defect is reported by the Buyer (confirmation of receipt of the complaint), stating the period within which the defect will be removed, which may not be longer than 30 days from the date of the defect being reported. If the seller refuses to accept liability for defects, he shall notify the buyer of the reasons for the refusal in writing.
5.5. Given the nature of the services provided by the seller, the seller shall eliminate the claimed defects in the services by providing replacement services or by a discount on the purchase price. In cases where the elimination of a defect in the services cannot be eliminated by providing replacement services or by a discount on the purchase price, the buyer is entitled to a refund of the purchase price. In the event that the defect is of a negligible nature that does not require unreasonable time and costs for elimination, the seller shall eliminate the defect immediately at its own expense without causing serious difficulties to the buyer. The buyer is obliged to cooperate in eliminating the defect in order to avoid an unreasonable increase in the costs and time for eliminating the defect.
5.6. For the avoidance of doubt, the provisions of Articles 5.4. to 5.5. of these general terms and conditions apply only to buyers who are consumers.
5.7. The complaint can be made in person at the location specified in point 1.1 of these terms and conditions, by e-mail or in writing to the company’s registered office.
5.8. The provisions on complaint of defects specified in this article of these terms and conditions apply mutatis mutandis to the handling of other complaints and suggestions.
- Privacy Policy
6.1 The Seller processes the freely provided personal data of the Buyer, namely name, surname, address, email, telephone number, as the processing of these personal data is necessary for the performance of the purchase contract, the contracting parties of which are the Buyer and the Seller, and/or for the processing of the Buyer’s request prior to the conclusion of the purchase contract related to the Seller’s vouchers and services, and for the performance of the Seller’s obligations imposed by generally binding legal regulations. The processing of personal data by the Seller is carried out for the period necessary to exercise the rights and obligations arising from the contract and from generally binding legal regulations.
6.2. The Buyer may, by checking the appropriate box before sending the order, express his consent to the sending of information about the Seller’s news and special offers (newsletter). By checking this box, both the buyer and the data subject freely and voluntarily grant the seller, in accordance with the Personal Data Protection Act and relevant EU legislation, their express consent to the processing of the provided email address for marketing purposes – sending the newsletter via electronic mail (emails). This consent to the processing of personal data is granted by the buyer for a period of 5 years.
6.3. The buyer is responsible for the completeness, truthfulness and accuracy of the provided personal data. In the event of a change in the provided personal data, the buyer is obliged to immediately notify the seller of the change or update it directly in his user account.
6.4. The buyer may withdraw his consent to the processing of personal data for marketing purposes (for sending the newsletter) at any time by clicking on the relevant link located directly in each marketing email from the seller, by sending an email to the seller, or in person at the seller’s registered office.
6.5. In the event that the personal data provided is out of date, consent to the processing of personal data is withdrawn, after the purpose or period for which consent to the processing of personal data has been fulfilled, or if storage is inadmissible for any legal reasons, the stored personal data will be deleted.
6.6. Personal data protection is governed by the provisions of the Personal Data Protection Act and relevant EU legislation, which also regulates the rights of the buyer as a data subject. The buyer has the right to free information regarding the processing of his/her stored data. Provided that the requirements set out in generally binding legislation are met, the buyer also has (i) the right to access his/her personal data, (ii) the right to correct incorrect personal data, (iii) the right to restrict (block) the processing of personal data, (iv) the right to object to the processing of his/her personal data for direct marketing purposes, (v) the right to erasure of personal data, in particular if they are no longer necessary for the purposes for which they were collected or otherwise processed or if he/she has withdrawn his/her consent to their processing and if there is no other legal basis for the processing, or if the personal data were processed unlawfully. The buyer also has the right to data portability, i.e. has the right to receive his/her personal data, which he/she has voluntarily provided to the seller, in electronic form, in a structured, commonly used and machine-readable format and in this regard may exercise his/her right to transfer these data to another controller, if such transfer is technically possible (right to data portability).
6.7. In the event that the buyer exercises any of the rights of the data subject under the legal regulations governing the protection of personal data with the seller and it is not possible to verify the identity of the applicant from the buyer’s request or in the event that the seller has legitimate doubts regarding the identity of the person making the request, the seller reserves the right to request this person to provide additional information necessary to confirm the identity of the person making the request.
6.8. As a data subject, the buyer has the right to file a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic, with its registered office at Hraničná 12, 820 07 Bratislava, if he suspects that his personal data is being processed in violation of applicable legislation.
6.9. The seller declares that he processes personal data only for the above-mentioned purposes and in accordance with the Personal Data Protection Act and relevant EU legislation, using appropriate technical, organizational and security measures.
6.10. The buyer’s personal data may also be provided to another third party (recipient) if this is necessary for the performance of the purchase contract. As part of the processing of the order and the performance of the purchase contract, the buyer’s data is provided to the seller’s contractual service providers to the extent necessary, such as logistics service providers, carriers, banks, etc. The data may be used by these service providers exclusively for the purposes of performing the purchase contract.
6.11. When processing the buyer’s personal data for marketing purposes, the buyer’s data is provided to the extent necessary to the seller’s contracted service providers, in particular the marketing service provider. The buyer’s personal data may be used by these seller’s service providers exclusively for the purpose for which the buyer has granted the seller consent.
7. Withdrawal from the contract and change of the reserved date
7.1. The provisions of this article on the right to withdraw from the contract do not apply to the following services: the provision of accommodation services for a purpose other than housing, the provision of catering services or the provision of services related to leisure activities, if these services are to be provided at an agreed time or within an agreed period, in particular to vouchers and ski passes purchased for a specific date of entry. In the above cases (when the seller has confirmed the order for accommodation, catering and other listed services for a specific date), the consumer cannot withdraw from the contract, i.e. cancel the order or request a refund of the amount paid. Cancellation of the service order in these cases is possible only under the conditions specified by the seller.
7.2. In addition to legal obligations, the seller may allow a change in the date of the voucher or ski pass even for the type of services listed in the previous paragraph. The buyer can request a change of date from the seller’s customer service department or in person at the checkout, the seller decides exclusively on the acceptance of the change of date depending on the availability of capacities. The buyer has no legal right to change the date according to this point. If the buyer and the seller agree in the above manner to change the date of the voucher or ski pass and the price for the voucher or ski pass on the new date according to the currently valid price list on the day of the reservation change is higher than the originally paid purchase price, the price determined for the voucher or ski pass according to the new date applies and the buyer is obliged to pay the difference; in the case of a lower price, the difference is not refunded.
7.3 In the case of the provision of services other than those specified in point 7.1., the buyer is entitled to withdraw from the contract without giving a reason within 14 (fourteen) days from the date of conclusion of the contract for the provision of services (i.e. from the date of confirmation of the order by the seller), if the seller has fulfilled its information obligations in a timely and proper manner.
7.4. If the seller has fulfilled his information obligations only subsequently, the buyer is entitled to withdraw from the contract within 14 (fourteen) days from the date on which the seller has additionally fulfilled the information obligations, and if the seller has not fulfilled his information obligations even subsequently within 12 months and 14 days from the date of conclusion of the service contract, the withdrawal period shall expire after 12 months and 14 days from the date of conclusion of the service contract (i.e. from the date of confirmation of the order by the seller).
7.5. The buyer’s withdrawal from the contract shall terminate the contract from the beginning. The seller is obliged not to continue providing the service and to refund the buyer the price paid for the service no later than 14 days from the date of withdrawal from the contract, except for the cases specified in points 7.1. and 7.6.
7.6. The Buyer may not withdraw from a contract for the provision of a service if the service has begun to be performed with the Buyer’s consent before the expiration of the withdrawal period under paragraphs 7.2. to 7.3. and the service has already been fully provided.
7.7. The Buyer acknowledges that if he agrees to begin the performance of the service before the expiration of the withdrawal period under paragraphs 7.2. to 7.3, by expressing such consent he loses the right to withdraw from the contract after the service has been fully provided.
7.8. Together with the withdrawal from the contract, the Buyer is obliged to return the relevant voucher to the Seller. If the Buyer withdraws from the service contract and has given explicit consent under paragraph 7.6. before the start of the provision of the service, the Buyer is obliged to pay the Seller only the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract.
7.9. Details on the method and form of withdrawal from the contract are contained in the consumer instructions and the withdrawal form, which will be provided to the consumer with each purchase. The consumer instructions are also included in the appendix to these general terms and conditions.
7.10 For the avoidance of doubt, the provisions of Articles 7.2 to 7.9. of these general terms and conditions apply only to buyers who are consumers.
8. Final provisions
8.1. These general terms and conditions shall enter into force on 01.07.2024
8.2. The Seller reserves the right to amend these general terms and conditions. The obligation to provide written notice of any changes to these general terms and conditions shall be fulfilled by posting them on the Seller’s website; orders placed before the changes to the general terms and conditions are governed by the general terms and conditions with which the Buyer was informed prior to the conclusion of the service contract.
8.3. The relevant provisions of the Civil Code, Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts and Act No. 22/2004 Coll. on Electronic Commerce, as amended, shall apply to relations not governed by these general terms and conditions.
8.4. These general terms and conditions shall enter into force for the Buyer upon confirmation of the order by the Seller.
8.5. By confirming the order, the buyer confirms that he has read these general terms and conditions and agrees with them in full.
Complaints
Instructions on exercising the consumer’s right to withdraw from a distance contract – when delivering a service
1. Right to withdraw from the contract
You have the right to withdraw from this contract without giving any reason within 14 days.
The withdrawal period expires 14 days after the date of conclusion of the service contract
When exercising the right to withdraw from the contract, you must inform us of your decision to withdraw from this contract by a clear statement (for example, a letter sent by post or e-mail) to the following address: Pro Ski a.s., with registered office: Malý trh 2/A, 811 08 Bratislava or business address: Winter park Martinky, M. R. Štefánika 6, 036 01 Martin, e-mail: eshop@martinky.com. For this purpose, you may use the sample withdrawal form that we have provided or sent to you, but its use is not mandatory.
The withdrawal period is maintained if you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
2. Consequences of withdrawal
After withdrawal from the contract, we will refund all payments that you have made in connection with the conclusion of the contract, including the costs of delivering the voucher to you. This does not apply to additional costs if you have chosen a type of delivery other than the cheapest standard delivery method offered by us. The payments will be refunded to you no later than 14 days from the day on which we receive your notification of withdrawal from this contract. The reimbursement will be made in the same way as you used for your payment, unless you have expressly agreed to a different method of payment, without charging any additional fees.
If you requested the start of the service provision during the withdrawal period, you are obliged to pay us the price for the performance actually provided by the date on which you notified us of your decision to withdraw from this contract.
- withdrawal form: to download
- send the completed form to e-mail: eshop@martinky.com
