HW Legal
With the arrival of winter and the ski season, many of us look forward not only to the snowy slopes but also to a favourite bit of après-ski at the snack bars below them. And with that often comes a question: what do you do if your skis go missing from the rack outside a snack bar? Who is liable, and how can you make your claim? This article will show you how.
Who is liable for skis lost from the rack outside a snack bar?
The operator of a ski snack bar is strictly liable for items that are usually left in connection with its business, such as skis in the rack. The Civil Code provides: "Where the running of an activity usually involves the leaving of items, and an item was left in a place designated for that purpose or in a place where such items are usually put, the operator shall compensate the person who left the item for its damage, loss, or destruction."
So if you left your skis in the rack outside a snack bar where you went for some refreshment, you can claim compensation from the operator.
Does this apply even if no one is watching the ski rack?
Yes, the operator is liable even if no one is keeping an eye on the rack. What matters is whether you left your skis in a place that:
- the operator designated for leaving such items (typically the ski rack placed outside the snack bar), or
- where such items are usually put (typically the little railing by the snack bar that skis are leaned against before going inside, where you can see other customers' skis).
The liability is strict, which means the operator cannot escape it by claiming that the rack is not guarded. Any arguments about a lack of supervision carry no weight.
What if I left my skis but didn't go into the snack bar?
In that case the operator is not liable. It is only liable if you left your skis in order to use its services, for example because you went into the snack bar for some refreshment. If you left your skis but did not go in, you have no claim to compensation.
How quickly do I have to make my claim?
Under the law, you have to make your claim without undue delay, and no later than 15 days from when you discover the skis are missing. This is a limitation period, which means that if you miss it, the court will not award your claim if the operator objects that it was not made in time.
Even after this period has passed, though, the operator can still compensate you voluntarily if it accepts that your claim is justified.
How to make your claim properly
For your claim to succeed, you have to ask for compensation, not for the skis to be handed back. According to the case law, this request must be worded clearly and unambiguously, so that it is obvious to the operator that you are asking for compensation. Simply reporting that the skis are missing is not enough; you have to state expressly that you are claiming compensation.
You can make this claim orally or in writing, but it has to be clear that you want compensation. Making the claim in writing is certainly to be recommended. It is enough to make the claim to, for example, the manager of the snack bar or another employee who is authorised to act on the operator's behalf.
Does this apply to snowboards too?
Yes, the liability covers snowboards as well, and any other equipment that is usually left in connection with the activity being run.
In conclusion
If your skis ever disappear from the rack outside a ski snack bar, don't be put off: you are entitled to compensation. Just make sure you make your claim in time and in the right way, and remember that the operator's liability is strict, which means it cannot turn you away on the grounds that the rack was not guarded.
If you need legal help assessing or making your claim, get in touch with us.