Hakuba Happo-one Ski Resort
Contract for Lift and Mountain Access, Terms and Conditions of Use
[English Translation Version]
CHAPTER 1 GENERAL PROVISIONS
Article 1. Scope
1. These Terms of Contracts of Use (hereinafter, the "Terms") govern the contract of the use of Hakuba Happo-one Ski Resort (hereinafter, the "Ski Resort") operated by the Company and the carriage contract with respect to the cableway business. Anything not outlined in the Terms complies with the Japanese Laws and, where this is not applicable, complies with general practice.
2. In the event the Company accepts any special agreement on certain provisions of these Terms, provided that such acceptance does not contradict with the purpose of these Terms, Laws, and/or general practice, the special agreement shall prevail regardless of such provisions.
Article 2. Definitions
When used in the Terms, the words in the following items shall have the meanings specified below:
(1) "Snow Sports" refer to all sports conducted on snow such as skiing and snowboarding.
(2) "Users" refer to all people using and accessing the Ski Resort.
(3) "Boundaries" refer to the boundary lines dividing the inside and outside of the Ski Resort.
(4) "Closed Areas" refer to areas where any skiing/riding or entry is prohibited, both within and outside the Ski Resort.
(5) "Marking Poles" refer to sign poles indicating the Boundaries and Closed Areas.
(6) "Backcountry" refers to the natural snow mountains and alpine terrain outside the Ski Resort.
CHAPTER 2 CONTRACT ON THE USE OF THE SKI RESORT
Article 3. Refusal of Use or Continuation of Use
The Company shall refuse the use or continuation of use by Users in either of the following circumstances:
(1) When the application for the use is not made in accordance with these Terms and Conditions.
(2) When a special burden is requested by an applicant with respect to the use of the Ski Resort to which the Company cannot respond.
(3) When the use of the Ski Resort is in violation of the provisions of the laws and regulation or public order or good morals.
(4) When a person is heavily intoxicated or otherwise and is deemed incapable of ensuring the safe use of the Ski Resort.
(5) When the use of the Ski Resort is interfered due to natural disasters or other uncontrollable reasons.
(6) When a person does not follow the instructions of the Ski Patrol and other staff of the Company.
(7) When the User is a designated organized crime group, member of a designated organized crime group, or member of anti-social organizations as stipulated under the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991).
(8) In addition to the above, when there are justifiable grounds.
Article 4. Restriction of Use
1. The Company reserves the right to restrict the use of all or part(s) of the Ski Resort in the event the safe use of the Ski Resort is interfered due to natural disasters or other uncontrollable reasons.
2. The Company reserves the right to restrict the use of part(s) of the Ski Resort for competitions and other reasons on the part of the Company.
Article 5. Dangers Inherent in Snow Sports
Users must recognize that there are dangers inherent in snow sports as described below:
(1) Dangers posed by irregular weather conditions such as snowfall, blizzard, rainfall, and dense fog.
(2) Dangers posed by particular land conditions such as cliffs, steep slopes, bumps, ditches, and mountain streams.
(3) Dangers posed by snow quality and snow surface conditions such as icy slopes, deep snow, crevasses, and avalanche.
(4) Dangers posed by natural obstacles such as standing trees, stumps, thickets, rocks, and exposed ground surfaces.
(5) Dangers posed by collision with artificial objects such as support pillars of ski lifts, snow-making facilities, signs, ropes, and mats.
(6) Dangers posed by collision with snowmobiles.
(7) Dangers posed by the use of terrain parks.
(8) Dangers posed by excessive speeding.
(9) Dangers posed by falling.
(10) Dangers posed by collision with other Users.
(11) Dangers posed by fatigue, drinking, use of drug and poor physical conditions.
(12) Dangers posed by the use of inappropriate snow sports gear.
(13) Dangers posed by other conditions similar to those listed above.
Article 6. Skiing/Snowboarding
1. Users must anticipate the inherent dangers in snow sports as set forth in the previous article, and ski/snowboard while avoiding such dangers.
2. Users must always focus their vision ahead, and must be able to stop or turn immediately, if necessary, when skiing/riding.
Article 7. Observance of Signs and Instructions
1. Users must behave in accordance with the signs, postings, instructions over public speakers, notes and warnings indicated in the course map and instructions issued by the Ski Patrol and other staff of the Company.
2. The Company provides an integrated Marking Pole system, using Yellow and Black colored Marking Poles to regulate and control the Ski Resort Boundaries. Yellow and Red colored Marking Poles are used to regulate the Closed Areas (prohibited entry).
3. Users must take note of the signs, course map, and Marking Poles to understand the Boundaries and Closed Areas of the Ski Resort and stay within the controlled courses.
4. Users must check with the Ski Patrol if they are uncertain whether an area is a controlled course before entering.
Article 8. Use of Backcountry
1. When heading into the backcountry by accessing the Ski Resort, Users must exit the Ski Resort through the gate designated by the Company. The official backcountry access gate.
2. Exiting the Ski Resort to backcountry by crossing the Boundaries within the ski courses is prohibited. (Side Country access is prohibited, always enter from the designated gate).
Article 9. Freeriding Area
1. The OMUSUBI course shown on the course map is a freeriding area.
2. A freeriding area is a course for highly advanced and expert skiers/riders.
3. The freeriding area can be used only when the entrance gate is open. Users are only allowed to leave the area from designated exits.
4. When using the freeriding area, it is recommended to ski/ride in a group with company and to carry a rescue whistle.
Article 10. Prohibited Acts
Users are prohibited to conduct the following acts:
(1) To enter or to ski/ride inside the Closed Areas.
(2) To enter the Ski Resort outside operating hours.
(3) To exit the Ski Resort to backcountry except through the gate designated by the Company.
(4) To hike up the Ski Resort in areas other than those designated by the Company.
(5) To ski/ride near standing trees, support pillars of lifts, snow-making facilities, nets, ropes and mats.
(6) To ski/ride near other Users.
(7) To block the skiing/riding of other Users.
(8) To go near snowcats (ski-trail groomers, piston bully machines) and all other snowmobiles.
(9) To interrupt the operation of ski lifts.
(10) To ski/ride in abnormal mind and body conditions being under the influence of alcohol or drugs.
(11) To stand or sit down in the middle of the course for a long time.
(12) To conduct business activities at the Ski Resort without the permission of the Company.
(13) To use drones without the permission of the Company.
(14) To camp out or set up tents except in areas designated by the Company.
(15) To smoke except in areas designated by the Company.
(16) To discard or abandon empty cans, cigarette butts, or other articles except in designated trash bins.
(17) To unleash dogs or other animals in the Ski Resort.
(18) To engage in acts similar to those mentioned above.
Article 11. Obligation to Slow Down
Users must reduce their speed in the following situations:
(1) Where there are signs instructing to slow down.
(2) Where the visibility ahead is poor due to land conditions or obstacles.
(3) Where there is not sufficient snow at the beginning of the ski season or in early spring.
(4) When visibility is poor due to snowfall, snowstorm, dense fog or sunset (lack of light).
(5) In conditions where difference in height and bumps on the snow surface are not readily visible due to weather conditions.
(6) When approaching natural obstacles such as standing trees, stumps, thickets, rocks and exposed ground surfaces.
(7) When approaching artificial objects such as support pillars of ski lifts, snowmaking facilities, nets, ropes and mats.
(8) At points where ski courses and trails merge or where the course is narrow.
(9) When approaching the lift boarding areas and landing areas.
(10) When the course is crowded.
(11) When approaching areas for kids.
(12) When approaching Ski Patrol on duty or encounter snowmobiles.
(13) When skiing/riding in areas that are dangerous without slowing down.
Article 12. Obligations of Users during Skiing/Riding
Users must abide by the following obligations when skiing/riding:
(1) When starting downhill, entering a slope from another course, or crossing the course, give right-of-way to skiers/riders coming from the upper slope.
(2) Focus your vision on the skiers/riders ahead and maintain adequate distance with those ahead to ensure safety.
(3) When passing a skier/rider, anticipate any sudden movements by the person being overtaken and secure adequate distance.
(4) In the event of falling, vacate the course as quickly as possible and evacuate to the side of the course.
(5) Use the side of the course when stopping, climbing up or down on foot, or resting.
(6) Give right-of-way to any Ski Patrol on duty or snowmobiles in operation and stop or slow down to ensure their smooth passage.
(7) Attach a leash cord on the gear to prevent other Users from getting hurt with an unleashed gear.
Article 13. Obligations of Users when Using the Terrain Park
Users must abide by the following obligations when using the Terrain Park:
(1) Abide by the instructions posted on the bulletin boards.
(2) Ski/ride within your own abilities and techniques.
(3) Confirm the safety around the destination before starting downhill.
(4) Wear a helmet and other necessary protective gear.
Article 14. Responsibilities of Instructors
1. Persons providing instructions to and/or supervision of ski school participants (hereinafter, "Instructors") must eagerly comply with these Terms and Conditions.
2. Instructors must teach ski school participants the rules set forth in these Terms and Conditions and how to ski safely in addition to skiing/riding techniques.
3. Instructors must provide instructions in a manner or instruct in locations that do not obstruct other Users.
4. Instructors must take into consideration the weather, snow and course conditions so as not to impose inappropriate challenges on or to endanger the ski school participants.
Article 15. Responsibilities of Ski School Participants
1. Ski school participants have no privilege over other Users within the Ski Resort.
2. Ski school participants shall follow the instructions and orders issued by the Instructors and act voluntarily according to the rules stipulated in these Terms and Conditions.
Article 16. Responsibilities of Parental Guardians and Persons Accompanying Children
1. Parental guardians and persons accompanying children must evaluate the abilities of children and keep them safe from danger.
2. Parental guardians and persons accompanying children must strive to teach children the rules stipulated in these Terms and Conditions.
Article 17. Prior Application by Business Operator
Except for the Official Schools of the Ski Resort (Hakuba Happo-one Ski & Snowboard School and Evergreen International Ski School), anyone who conducts Business Activities at the Ski Resort (hereinafter, "Business Operator") must first submit an application and pay an application fee for registration in accordance with the Hakuba Happo-one Ski Resort Terms of Contracts of Use for Ski Instructions and Other Business Activities.
Article 18. Cooperation in the Event of an Accident
1. Persons responsible for causing an accident and those who have witnessed the accident must promptly report the situation of the accident to the Ski Patrol and staff of the Company.
2. In the event of an accident, all Users must try to rescue the persons involved in such accident.
3. Persons involved in an accident and witnesses of such accident should mutually disclose their names and identities.
4. In the event of an accident, the Company may request both the persons involved in an accident and witnesses of such accident to disclose their names and identities.
Article 19. Safety Gear
Users must make an effort to wear a helmet and other safety gear at all times possible. Snow Sports has inherent risks and can become dangerous at times.
Article 20. Recommendation to Obtain Insurance
Users must make an effort to obtain accident insurance or damage insurance to cover snow related injuries and accidents in and around the Ski Resort.
Article 21. Burden of Search and Rescue Costs
If the Company is requested by anyone including requests by a family, friend, or acquaintance of such missing person or persons to conduct a search and rescue mission in the event that a person or persons have gone missing as a result of going into the backcountry or any Closed Area charges will apply.
Search and rescue costs will be invoiced directly by the Company to the missing person(s) or the person(s) that requested such search and rescue. Please see the items below:
(1) For search & rescue personnel: 20,000 yen per hour, per person
(2) For logistics support personnel: 10,000 yen per hour, per person
(3) For headquarters personnel: 10,000 yen per hour, per person
(4) For snowcat (ski-trail groomer, piston bully): 50,000 yen per hour, per vehicle
(5) For snowmobile: 10,000 yen per hour, per vehicle
(6) Meals: actual costs incurred
(7) In addition, other expenses that may occur depending on the situation of search and rescue shall be charged separately.
1. In the event the Company determines that it is unable to conduct search and rescue activities due to reasons including the location of the missing person and weather conditions, the Company will request the police, fire department, or other relevant governmental authorities to conduct such search and rescue activities.
2. In the event a private search and rescue team is dispatched in response to the request by the police, fire department, or other relevant governmental authorities, the search and rescue costs will be invoiced directly by such private search and rescue team to the missing person(s) or the person(s) that requested such search and rescue.
Article 22. Compensation for Damages
In the event the Company sustains any damage due to intention or negligence of the User, or due to non-compliance by the User of laws and regulations or any of the provisions of the Terms and Conditions, the Company shall demand compensation for damages against such User.
CHAPTER 3 CARRIAGE CONTRACT
Article 23. Staff Instructions
Passengers must follow the official instructions that the staff of the Company may issue in order to ensure safe transport of passengers and to maintain public order.
Article 24. Acceptance of Carriage
The Company shall transport passengers except in the case the Company refuses to accept the carriage or to continue the carriage in accordance with the provisions of Article 25, and in the case the Company restricts the carriage in accordance with the provisions of Article 4 or Article 27.
Article 25. Refusal of Acceptance or Continuation of Carriage
The Company shall refuse to accept or continue the carriage of passengers in either of the following circumstances:
(1) When the application for carriage is not made in accordance with these Terms and Conditions.
(2) When the Company does not have appropriate facilities for the carriage.
(3) When a special burden is requested by an applicant with respect to the carriage to which the Company cannot respond.
(4) When the carriage is in violation of the provisions of the laws and regulation or public order or good morals.
(5) When the carriage is disrupted due to natural disasters or other uncontrollable reasons.
(6) When a passenger does not follow the instructions from the staff of the Company.
(7) When the passenger is in possession of articles set forth in Article 40-1 of the Ordinance to Provide for the Technical Standards Concerning Cableway Facilities (Ordinance of Ministry of Transport No. 16 of 1987). Such as dangerous or harmful goods.
(8) When a passenger is heavily intoxicated, or a child not accompanied by a guardian or otherwise and is deemed difficult to ensure safe carriage.
(9) When a passenger is a patient (including a Suspected Disease Carrier and Asymptomatic Carrier) with Class I Infectious Disease, Class II Infectious Disease, Novel Influenza Infection, etc., or Designated Infectious Disease (only if such patient needs to be hospitalized) or a person with evidence of a New Infectious Disease as defined in the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (Act No. 114 of October 2, 1998).
(10) In addition to the above, when there are justifiable grounds.
Article 26. Lift Operating Hours
1. The starting and ending times of the lift operations shall be set forth separately and will be posted at the relevant offices and other offices (hereinafter, "Offices") and at each of the lift stations.
2. Operating hours are subjected to changes without prior notice in the event the carriage is disrupted due to natural disasters or other uncontrollable reasons.
Article 27. Restrictions on Carriage
1. The Company reserves the right to restrict or suspend the operation of the lift, restrict or suspend the ticket sales, or limit the number of passengers or the size or number of personal effects in the event the carriage is disrupted due to natural disasters or other uncontrollable reasons, or for reasons on the part of the Company.
2. Should the Company impose such restrictions or suspensions as set forth in the preceding paragraph, the Company will post a notice to that effect at the Offices, ticket windows, and relevant lift stations, except in the case of emergency or other unavoidable circumstances.
Article 28. Getting On and Off the Ski Lifts
1. Passengers must read the instructions posted on the bulletin boards carefully and follow the instructions when getting on and off the ski lifts.
2. Passengers who are worried about using the ski lift should ask the staff for necessary assistance.
Article 29. RFID/IC Lift Tickets
1. The lift tickets issued by the Company will be in the form of RFID/IC cards (hereinafter, "RFID/IC lift ticket").
2. Passengers have the ownership of the RFID/IC lift tickets and do not have to return them, except for the rental RFID/IC lift tickets issued by the Company to passengers using coupons, etc.
Article 30. Possession of RFID/IC Lift Tickets
Passengers must possess an RFID/IC lift ticket or authorized pass to board the lift.
Article 31. Sales of RFID/IC Lift Tickets
The Company sells RFID/IC lift tickets at the ticket windows and other places.
Article 32. Validity of RFID/IC Lift Tickets
1. RFID/IC lift tickets are valid only when used in accordance with the conditions printed on the RFID/IC lift ticket.
2. The Company may prohibit the use of the RFID/IC lift ticket if a passenger conducts any of the acts prohibited in the items under Article 10.
3. Any RFID/IC lift ticket that has been resold or subleased or forged or modified by the passenger or any other person shall be invalidated.
Article 33. Inspections of RFID/IC Lift Tickets
1. The Company will inspect the RFID/IC lift tickets at the gates installed at the lift stations.
2. Passengers may not refuse when they are asked to present their RFID/IC lift tickets for inspection by the staff of the Company.
Article 34. Fares and Method of Application
The types and amounts of fares to be received by the Company and method of application and charges for personal effects shall be in accordance with the information posted at the Offices and ticket windows.
Article 35. Procedures Concerning Passengers in Transit upon Suspension of Operation
In the event the operation of the lifts is suspended due to natural disasters or other uncontrollable reasons, the Company will take safety measures to unload the passengers in transit and will take necessary measures under the responsibility of the Company to continue the carriage once the lifts resume operation.
Article 36. Refund of Fares
In the event the Company is unable to operate the lifts due to natural disasters or other uncontrollable reasons, the Company will refund the fares in accordance with the separate rules; provided, however, this shall not apply if the Company temporarily suspends the operation of the lifts due to strong wind, rain, snow, and fog, etc., in order to ensure safe carriage of passengers.
Article 37. Reissuance of RFID/IC Lift Tickets
The Company will not reissue any RFID/IC lift tickets lost by the passenger; provided, however, that if an RFID/IC lift ticket was lost due to a disaster or other accidents, and if the passenger submits a government-issued certificate evidencing the loss of said RFID/IC lift ticket, the Company will issue a new RFID/IC lift ticket with the same validity as the original RFID/IC lift ticket upon request by the passenger.
Article 38. Matters to be Observed by Passengers
Passengers must observe the precautions on the use of the lifts that are set forth by the Company and posted at the lift stations and other locations.
Article 39. Responsibility to Passengers
1. In the event of a loss of life or bodily harm to a passenger through the operation of the Company's cableway, the Company shall be responsible for compensating any damages caused by such operation; provided, however, that this shall not apply if the Company proves that it has remained careful in operating the cableway.
2. Even in the event of the foregoing paragraph, the Company's responsibility to the passengers shall be limited to damages that occur while riding the carrier or when getting on or off the carrier.
3. Notwithstanding the provision in Paragraph 1 above, the Company shall not be liable for damages that fall under any of the following items:
(1) If the Company transports passengers when a large-scale fire, earthquake, or other disaster has occurred or is likely to occur.
(2) If the Company transports a person who has a grave risk of endangering his/her life or body from the vibration that normally occurs in the carriage or due to other conditions.
Article 40. Liability for Personal Effects
The Company shall not be liable for any costs arising from the loss or damage of the personal effects, clothes, glasses, watch, or other personal belongings of the passenger during the carriage; provided, however, that this shall not apply if such loss or damage was caused by intention or negligence of the Company or the staff of the Company.
Article 41. Liability for Packages
1. The Company shall be liable for any costs arising from the loss or damage of packages that the Company accepts to transport; provided, however, that this shall not apply if the Company and the staff of the Company prove that they have remained careful in the receipt, delivery, storage and transport of such package.
2. Notwithstanding the provision in the foregoing paragraph, the Company shall not be liable for loss or damage to monies, securities, and other high-value items, unless the consignor notifies the Company of the type and value of the package upon consigning the transport.
3. In the event of Paragraph 1, the responsibility of the Company to the package owner commences when the Company receives the package and ends when said package is delivered to the package owner.
Article 42. Responsibility of Passengers and Package Owners
If the Company suffers damage caused by intention or negligence of the passenger or the package owner, or as a result of violation of laws and regulation or the provisions of this Carriage Contract on the part of the passenger or package owner, the Company will claim compensation for damages against said passenger or package owner.
Article 43. Surcharges
If the passenger falls under any of the following items, the Company will demand payment of the designated fare and a surcharge equivalent to twice the amount of such fare:
(1) When a passenger rides the lifts without using a valid RFID/IC lift ticket at the time of boarding.
(2) When a passenger rides the lifts using an RFID/IC lift ticket that was resold or subleased.
(3) When a passenger rides the lifts using a forged or modified RFID/IC lift ticket.
Article 44. Common Lift Ticket
1. Common lift tickets issued by third parties with which the Company has arrangements on the handling of passenger transport using common lift tickets shall be deemed the RFID/IC lift tickets issued by the Company.
2. The provisions of these Terms and Conditions shall apply to the carriage of passengers using the foregoing common lift tickets for the sections operated by the Company.
CHAPTER 4 AMENDMENTS TO THE CONTRACT FOR LIFT AND MOUNTAIN ACCESS TERMS AND CONDITIONS OF USE
Article 45. Amendments to the Terms and Conditions of Use
1. These Terms and Conditions shall be amended in accordance with the provisions of Article 548-4 of the Civil Code of Japan in the event of any revisions to the laws and regulations, or upon order of regulatory authorities, or when it becomes otherwise necessary.
2. The intention to amend the Terms and Conditions and the details of the amended terms and conditions, and the time when the amendment takes place shall be made known through the Company's official website, etc. at least one month prior to the effective date of such amendment.
Supplementary Provision
The Contract for Lift and Mountain Access, Terms and Conditions of Use shall take effect on November 21, 2020.
[This translation is provided for reference and convenience only. In case of discrepancies between the Japanese version and this English translation version, the Japanese version shall prevail.]
八方尾根開発株式会社・Happo-one Kaihatsu Co., Ltd.
白馬観光開発株式会社・HAKUBA RESORT DEVELOPMENT Co., Ltd.