VOP a RP

General Terms and Conditions

General Terms and Conditions of YELLOW BANANA SRO

These general terms and conditions of YELLOW BANANA SRO, with its registered office at Mistriky 467, 97639 Donovaly, email: lilliputia@yellowbanana.sk (hereinafter referred to as the “operator”) for the online store “Online Ski Pass Purchase” located at the web addresses www.yellowbanana.sk and www.ho.hu (hereinafter referred to as “Terms and Conditions”) govern the provision of services – transport via cable cars and ski lifts and the use of ski slopes at the PARK SNOW Donovaly and Patty Ski Donovaly ski resorts, including the purchase of ski passes (tickets). The Terms and Conditions are an inseparable part of contracts for transport concluded in accordance with these Terms and Conditions.

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with the conclusion of contracts for transport through the “online ski pass purchase” online store (hereinafter referred to as “online store”) for the transport of persons via cable cars and ski lifts and the use of ski slopes at the PARK SNOW Donovaly and PATTY SKI ski resorts.

1.2 The customer can purchase online ski passes through the operator’s website, paying for the ski pass via a payment gateway.

1.3 By purchasing a ski pass online, the customer agrees to respect and comply with these Terms and Conditions, as well as the valid operational regulations of the PARK SNOW Donovaly ski resort issued by the operator, which can be found in the resort’s office. The sale of ski passes online is carried out in accordance with the provisions of applicable legal regulations, especially Act No. 108/2024 Coll. on Consumer Protection in its current wording, Act No. 40/1964 Coll. Civil Code in its current wording, and Act No. 18/2018 Coll. on Personal Data Protection in its current wording.

1.4 Upon purchasing a ski pass online, the customer is entitled to use the following transportation devices during the validity period of the ski pass and during the operator’s operating hours:
a) Telemix 6/8 Nová Hoľa combined cable car
b) Unifix 4 Záhradište chairlift
c) LV F 12 Mišúty, LV H 130 Patočiny, LV Leitner Záhradište I, LV Leitner Záhradište II, LVH 130 Záhradište III, LV P 1, LV S 1, LV P 2, LV P 3, PATTY SKI, LV P 4, LV P 5, LV P 6 Encián, and LV S 2 in the PARK SNOW Donovaly resort.

2. ONLINE SKI PASS PURCHASE

2.1 All individuals and legal entities may purchase ski passes online via the online store in accordance with these Terms and Conditions.

2.2 The following types of online ski passes are available for purchase in the online store:
a) 1-day ski passes, PATTY SKI, PARKSNOW
b) 1-hour ski passes, PATTY SKI
c) 2-hour ski passes, PATTY SKI
d) 2-day ski passes, PATTY SKI

The operation of individual cable cars, ski lifts, and ski slopes is determined by the operator based on weather and operational conditions at the PARK SNOW Donovaly and PATTY SKI ski resorts.

2.3 The validity of the ski passes is time-limited:
a) The 1-day ski pass can only be used on the day for which it was purchased, during the entire opening hours of daytime skiing at the PARK SNOW Donovaly ski resort. The ski pass is not valid for night skiing.
b) The 1-2 hour ski pass can only be used on the day for which it was purchased. It is valid for 1-2 consecutive hours from the first passage through the turnstile. The purchase of a ski pass with a voucher is subject to a valid activation code for PARK SNOW Donovaly.

2.5 The purchase of ski passes through the online store is carried out by the customer after completing the required fields in the online store form, including: 1) selection of the type of ski pass, 2) selection of the method of purchase, 3) entering contact details, 4) filling in the start date of the ski pass usage, 5) ticking the agreement to these Terms and Conditions, the price list, the valid operational regulations, and the processing of personal data, and 6) the binding confirmation of the order. The binding confirmation of the order is considered the conclusion of a transport contract. The total price to be paid by the customer via the payment gateway will be displayed.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT FOR ONLINE SKI PASSES

5.1 Withdrawal from the contract is governed by the relevant provisions of Act No. 40/1964 Coll. Civil Code and other generally binding legal regulations of the Slovak Republic.

5.2 The provisions of Act No. 108/2024 Coll. on Consumer Protection do not apply to withdrawal from the contract for transport, as per Section 14, Paragraph 6, Item m) of Act No. 108/2024 Coll.

5.3 The customer acknowledges that adverse weather conditions, a positive RT-PCR or antigen test result, or a declaration of an emergency situation are not grounds for withdrawing from the transport contract or for requesting a refund.

5.4 Ski passes that were not used on the selected start date cannot be canceled or extended, and the customer is not entitled to a refund for these ski passes.

6. HANDLING COMPLAINTS, CLAIMS, AND SUGGESTIONS

6.1 The operator is responsible for any defects in the ski pass at the time of purchase by the customer, such as if the ski pass does not match the order or if the transport does not occur due to a cable car failure for more than 3 hours. The customer is required to check the required details before confirming the order.

6.2 The customer is entitled to receive transport services via cable cars or ski lifts as agreed or in the usual scope, quality, quantity, and timing. If transport is not carried out due to subjective reasons on the customer’s part before transport begins, the price of the ski pass will not be refunded.

6.3 The customer must submit claims regarding defects in services (complaints) without undue delay after discovering the reason for the complaint (defect in the transport services), but no later than the next calendar day after the transport was supposed to take place or was not provided in the agreed scope.

6.5 The operator reserves the right to handle all ski pass cancellation or complaint requests individually. Cancellation requests can only be submitted in writing via email. The operator is obliged to process the request and inform the customer of the outcome within 30 days of its receipt.

7. PROVIDING PERSONAL DATA

7.1 The customer must provide their personal data as required by the system, including name, surname, address, phone number, and email address. For the purchase of children’s season ski passes, the customer must also provide the child’s name, surname, birth date, address, and a photograph.

7.2 The customer acknowledges that the operator processes their personal data for the purpose of fulfilling the operator’s obligations under the purchase contract and processing this data in the operator’s electronic customer record system.

7.3 The operator has a legitimate interest in sending the customer messages about their activities, including information on current discounts and promotions.

7.4 The customer has the right to request access to their personal data, as well as to request corrections, deletion, or restriction of processing of their data.

7.5 The customer is responsible for keeping their username and password secure, and the operator is not responsible for any consequences resulting from forgetting, providing this information to a third party, or failing to protect it.

8. FINAL PROVISIONS

8.1 If any provision of these Terms and Conditions is invalid or ineffective, it will be replaced by a provision of the relevant legal regulations that is closest to the invalid or ineffective provision.

8.2 The rights and obligations of the parties not covered by these Terms and Conditions are governed by the applicable provisions of Act No. 108/2024 Coll. on Consumer Protection and the Civil Code.

8.3 The operator is entitled to amend or supplement these Terms and Conditions. This provision does not affect rights and obligations that have arisen under previous versions of the Terms and Conditions.

8.4 If the customer is dissatisfied with the way the operator handled their complaint or claims, they have the option to contact the operator for a remedy. If the operator responds negatively or does not respond within 30 days, the customer has the right to submit a proposal for alternative dispute resolution to the appropriate authority.

8.5 The customer may also exercise their rights via the European Online Dispute Resolution platform available at: http://ec.europa.eu/consumers/odr/index_en.htm.

8.6. By purchasing an online ski pass, the customer unreservedly accepts all provisions of these Terms and Conditions, to which they are bound when concluding the purchase contract. By checking the “I agree with the Terms and Conditions” box in the online ski pass order form in the operator’s online store, the customer explicitly agrees to these Terms and Conditions.

8.7. The version of the Terms and Conditions that is available on the operator’s website on the date of conclusion of a specific purchase contract in the online store is considered valid and effective.

8.8. Supervisory authority: Slovak Trade Inspection (Slovenská obchodná inšpekcia) for the Banská Bystrica Region, Dolná 46, 974 00 Banská Bystrica.