As winter and ski season approach, many of us look forward not only to hitting the slopes but also enjoying the popular après-ski activities at mountain lodges and bars. But what happens if your skis disappear from the rack outside while you’re enjoying a break? Who’s responsible, and how can you make a claim for compensation? This article provides a guide on what to do if your skis go missing.
Who is Responsible for Lost Skis from a Rack Outside a Ski Bar?
The operator of a ski lodge or café is objectively responsible for items typically left in connection with their services, such as skis in a designated rack. Under the Civil Code, it is stated: "If the activity usually involves the temporary storage of items and the item is placed in an area designated for that purpose or a common area where such items are typically stored, the operator is liable for damage, loss, or destruction of the item."
This means if you left your skis in the ski rack outside while visiting the lodge for a drink or meal, you can seek compensation from the lodge operator.
Does This Apply Even If No One is Watching the Ski Rack?
Yes, the operator is still responsible, even if there is no staff directly monitoring the rack. The key point is whether you left your skis in
- a designated spot (such as a ski rack) or
- a commonly used area (like a fence where other customers typically place their skis).
The liability is objective, meaning the operator cannot avoid responsibility by claiming that the rack wasn’t under surveillance. Arguments about lack of monitoring are not valid.
What if I Left My Skis but Didn’t Enter the Bar?
In this case, the operator is not responsible. They are only liable if you left your skis in connection with using their services, such as going inside for a meal or drink. If you simply left your skis outside but did not enter the lodge, you are not entitled to compensation.
What is the Deadline to Claim Compensation?
According to the law, you must make your claim without unnecessary delay, but no later than 15 days after discovering the loss of your skis. This is a statute of limitations, meaning if you miss the deadline, the court will not uphold your claim if the operator argues it wasn’t filed in time.
However, even after this deadline, the operator may still choose to provide compensation voluntarily if they acknowledge the validity of your claim.
How to Properly Claim Compensation?
To successfully claim compensation, you must request compensation for the loss, not the return of the skis. According to case law, the request must be clear and specific enough for the operator to understand that you are seeking compensation for the loss. Simply notifying them of the missing skis is not sufficient—you must explicitly state that you are seeking reimbursement.
You can make the claim orally or in writing, but it’s recommended to do so in writing for clarity. You can submit the claim to the lodge manager or another authorized employee who can act on behalf of the operator.
Does This Also Apply to Snowboards?
Yes, this responsibility extends to snowboards and any other equipment typically left in connection with the use of the lodge’s services.
Conclusion
If your skis ever disappear from a rack outside a ski bar, don’t worry—you are entitled to compensation. Make sure to file your claim promptly and correctly, and remember that the operator’s responsibility is objective. They cannot refuse compensation on the grounds that the rack was unattended.
If you need legal assistance in assessing or pursuing your claims, feel free to contact us.
