Section 11a of the Tyrolean Ski School Act: advance notice, the full seasonal period, the early-resumption ban and three-week reports outside that period.
Mag. Christopher Angerer, Rechtsanwalt
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If a ski school in Tyrol will not operate for a season, its proprietor must notify the Tyrolean Association of Ski Instructors in writing before the period begins. Section 11a of the Tyrolean Ski School Act 1995 covers the full operating period of a season and prohibits an early resumption.
The Act sets a different reporting procedure for periods outside the operating period. A break covering only individual course days is not a seasonal suspension of the ski school. This overview concerns Tyrolean provincial law and the operation of a ski school.
Select the period. The legal position depends on whether the seasonal operating period is affected.
Would you like to discuss your proposed notice? Go straight to the enquiry form.
The key point is whether the period falls within the seasonal operating period under section 8(1).
The notice must be made in writing to the Tyrolean Association of Ski Instructors (Tiroler Schilehrerverband) before the period begins. It must expressly cover the entire period under section 8(1). The school may not resume operations early.
Section 11a does not permit a temporary suspension during the operating period. Check whether the proposed dates actually fall outside the statutory operating period.
Outside the operating period, the ski school may suspend operations for any period. The suspension and later resumption must each be reported in writing within three weeks of their start.
Section 11a(1)(a) of the Tyrolean Ski School Act 1995 permits the proprietor to suspend operations for the entire operating period of a season. Section 8(1) defines that period. The Act expressly rules out a temporary suspension within the operating period.
A ski school therefore cannot treat selected days or weeks during the season as a suspension under this provision and then reopen for the rest of the season. The seasonal option covers the whole statutory period. Cancelling one ski course raises a separate legal question.
The notice of a seasonal suspension must be made in writing to the Tyrolean Association of Ski Instructors before the period begins. It must expressly cover the whole period under section 8(1). A general statement that the school will not operate "in winter" does not identify that statutory period with the same precision.
Section 11a(2) sets no fixed number of days for advance notice. The statutory requirement is to notify the association beforehand. Confirm directly with the association which channel it currently accepts for written notices. Keep a copy and proof of transmission. This provision does not prescribe a particular online form.
A ski school that gives notice of a suspension for the full operating period of a season may not resume before that period ends. Section 11a(2), third sentence, states this restriction expressly.
Before sending the notice, make sure the school intends to remain suspended for the entire statutory period. The seasonal procedure does not provide for a short break followed by a return to business before the operating period ends.
Outside the operating period under section 8(1), a ski school may suspend operations for any period. Section 11a(3) requires the suspension and the resumption to be reported to the Tyrolean Association of Ski Instructors in writing after each event, within three weeks of its start.
The notice must state the day on which the suspension or resumption began. Record both events separately. The three-week period and after-the-event notice apply to this option outside the operating period. The seasonal suspension follows the advance-notice procedure in subsection 2.
Start by checking how the intended closure relates to the statutory operating period.
| Point to check | Full seasonal period | Outside the period | Part-season break |
|---|---|---|---|
| Period | The entire operating period under section 8(1). | Any period outside the operating period. | Selected dates within the operating period. |
| Notice | In writing beforehand, covering the full period. | In writing after each event, within three weeks. | Section 11a does not permit this break. |
| Resumption | No resumption before the period ends. | Report the start of the resumption as well. | There is no permitted part-season model. |
Section 8(1) defines the seasonal operating period. Confirm the individual circumstances and current submission channels with the Tyrolean Association of Ski Instructors.
Section 11a(4) makes a notice ineffective if it fails to meet the requirements in the first and second sentences of subsection 2 or in subsection 3. For the seasonal procedure, these requirements are advance written notice and an express declaration covering the whole period. Outside the operating period, the three-week reporting period and the required start dates apply.
The restriction on early resumption appears separately in the third sentence of subsection 2. The wording of subsection 4 ties ineffectiveness to the listed notice requirements. It should therefore be kept distinct from the separate prohibition on resuming operations early.
Legal basis: Section 11a of the Tyrolean Ski School Act 1995, official text in the Austrian Legal Information System. The provision refers to section 8(1) for the operating period.
Section 11a(1) permits a seasonal suspension for the entire operating period. It rules out a temporary break within that period.
Section 11a(2) requires advance notice but sets no specific number of days. Ask the Tyrolean Association of Ski Instructors which channel it currently uses to receive written notices.
No. Section 11a(2) expressly prohibits an early resumption where the seasonal suspension procedure is used.
It applies to a suspension outside the operating period and to the later resumption. Each event must be reported in writing within three weeks of its start.
It must state the day on which the suspension or resumption began. Under section 11a(4), a notice that fails to meet subsection 3 is ineffective.
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