Buying a Ski Resort: Concession, Operator and Purchase Agreement

Section 21 SeilbG requires a concession for the construction and operation of a public cableway. A buyer should review the concession decision alongside the price, assets and shares involved in the transaction. Check the holder, scope and proposed operating arrangements.

Section 29 SeilbG addresses several different situations. A new concession for a third party may be issued on application. Universal succession and a change of company name follow separate amendment procedures. The correct route depends on what the transaction legally and operationally transfers.

Our article Public Cableway Concession Before Construction and Operation explains the initial concession. Renewal and continuation are covered in Cableway Concession: Renewal and Continuation. This article focuses on the transaction, operator and concession holder.

Section 4 SeilbG defines a cableway undertaking by reference to the natural or legal person with Verfügungsgewalt over construction and operation, meaning the person with authority to direct those activities. For a transaction review, the purchase agreement or ownership of land and equipment alone does not answer every concession question.

Compare the legal entity named in the concession decision with the company-register position and the planned operating organisation. Operator and management agreements, management powers, and responsibility for construction, maintenance and operation can all help identify what will change at closing.

The concession holder, owner of the installations and business arranging the operation can have different roles. Record each role before asking the authority to assess the proposed structure.

In an asset deal, the buyer acquires individual assets or the operating business. If a different legal entity is to hold the concession, section 29(1) SeilbG is relevant. It provides for a new concession to a third party on application for the remaining term. The authority examines matters including financial capacity, reliability, liability insurance and the rights needed to use relevant land.

In a share deal, the buyer acquires interests in a company. If the same legal entity named in the concession continues to exist, it remains the addressee of the concession decision. Separately check which person has control over construction and operation under section 4 SeilbG and whether the planned operating organisation fits the concession decision.

Section 29 does not establish a blanket rule for every share purchase. Ask the competent cableway authority to assess the ownership structure, operator agreements and planned decision-making arrangements, then confirm the route before closing.

Under section 29(2) SeilbG, universal succession does not require a new concession. An application to amend the existing concession is still required. The file should identify the successor and document the legal basis for the succession.

A purchase of individual installations or assets does not, by itself, establish universal succession. Check the corporate restructuring documents and company-register evidence. The label in the purchase agreement is not enough to classify the transaction.

If the concession holder changes its name, section 29(3) SeilbG provides for an application to amend the concession. Check whether the transaction also changes the legal entity, operator organisation or control over construction and operation. A name change and an operator change are separate issues.

The competent authority depends on the cableway type and the procedure in question. The official authority overview published by the Federal Ministry for Innovation, Mobility and Infrastructure allocates cableway responsibilities by these features. Before an acquisition, establish which authority will handle an amendment or a new concession for the specific installation.

Review the current concession decision and any amendment decisions. Before signing or closing, ask the authority competent for the installation which application and supporting documents are needed for the proposed structure. The current concession decision is an important starting point for that enquiry.

The purchase agreement can allocate responsibility for the enquiry and any application, identify who provides each document and address delays. The authority remains responsible for its decision independently of the division of duties and costs agreed between the parties.

Prepare a complete review file before closing. Include the concession decision and amendments, a current company-register extract, a clear transaction chart and the agreements governing future operation. For an application under section 29(1) SeilbG, relevant matters include financial capacity, reliability, liability insurance and rights to the land needed for the concession.

Ask the authority which application, evidence and timing apply to the specific installation. Compare the planned handover with the concession status so the buyer and seller have a clear operating plan before completion.

The purchase agreement can allocate who prepares and files an application, who supplies documents, who bears costs and delay risks, whether completion depends on a defined authority decision, and what happens if the planned date slips. These provisions organise cooperation between the parties. They do not replace a decision required under the SeilbG.