Bathing rules for the Fichtensee

1. Obligations at the bathing facilities

1.1 Granting of the right to use the facilities, assumption of risk on the part of visitors

  • Zeller Bergbahnen Zillertal GmbH & CO KG (hereinafter referred to as “Zeller Bergbahnen”) allows visitors to use the Fichtensee lake and the surrounding area in the Erlebniswelt Rosenalm (hereinafter referred to as “Fichtensee”) at their own risk within the scope of the provisions of these bathing regulations.
  • It is not possible to prevent all bathing accidents. In particular, visitors are responsible for the risks associated with the practising of a sport at/in the Fichtensee.
  • The same applies to injuries as well as other infringements of the personal sphere of bathers by other visitors or third parties who are not members of the Fichtensee team.

1.2 Opening hours and access

  • The opening hours of the Fichtensee are the same as the operating hours of the Rosenalmbahn cable cars. Outside the operating hours, no lifeguard is present and bathing is prohibited. When this is the case, a red flag will be hoisted at the boat hire facility.
  • The Zeller Bergbahnen team reserve the right to refuse admission to the Fichtensee to persons who appear to be unsuitable without being required to state any reasons why.

1.3 Monitoring of compliance with the bathing regulations

  • The Zeller Bergbahnen team will monitor the compliance with the bathing regulations by visitors as far as this is reasonable. If disorderly conduct is found, the persons concerned will be served with a warning and may be told to leave the premises if necessary.

1.4 Help in the case of accidents

  • In the event of an accident, the Zeller Bergbahnen team will initiate help measures immediately as far as possible. First aid materials are available from the bathing supervisor if required. In the event of an accident, every bather is required by law to provide first aid until the emergency services arrive. Any accidents must always be reported to the Fichtensee team.

1.5 Supervision of minors, underage persons, persons with disabilities and non-swimmers

  • The Zell Bergbahnen team is neither able nor obliged to supervise children, minors, persons with a physical or mental disability or non-swimmers.
  • The persons responsible for supervising the above-mentioned persons (legal guardians, relatives or carers) are required to ensure that they are supervised accordingly. Their duty of supervision further increases with the use of the diving boards. The absence of the person responsible for supervision does not absolve them from their duty of supervision.
  • The applicable youth protection regulations, in particular bans on alcohol and smoking, antisocial behaviour orders, the obligations of legal guardians, etc. are to be observed by the young people and their legal guardians.
  • Non-swimmers, children and minors up to the age of 10 may only enter the Fichtensee with an accompanying and supervising person.

1.6 Liability of Zeller Bergbahnen

  • Zeller Bergbahnen is not liable for any damage which is caused by disregarding the bathing regulations, by the failure to follow the instructions of the team or by personal negligence. This also applies to unavoidable events such as force majeure or, in particular, the actions of third parties. Contributory negligence shall lead to a corresponding apportionment of damages.
  • Zeller Bergbahnen is not liable for the loss or theft of valuables.
  • Zeller Bergbahnen accepts no liability for damage to property or financial loss due to minor negligence.

2. Obligations of visitors

2.1 Instructions from the Fichtensee team

  • Visitors are obliged to follow the instructions of the members of the Zeller Bergbahnen team without restriction. This also applies if a bather is of the opinion that the instructions that they have been given are not justified.
  • Anyone who infringes the bathing regulations, attempts to use facilities that they are not permitted to use, or disobeys restrictions or the instructions of the responsible staff may be told to leave the premises by the bathing team.
  • In serious cases, a ban on future visits can also be imposed. Failure to comply with such ban will make the visitor liable to prosecution for trespassing.
  • If stormy weather appears likely, visitors will be required to vacate the Fichtensee in good time for safety reasons.

2.2 Hygiene regulations

  • The bathing facilities are to be used with normal, hygienic swimwear.
  • Dogs are not allowed to swim in the Fichtensee.
  • The bathing facility may not be visited by any persons suffering from an infectious illness.
  • The use of soap, shampoo or detergents and the washing of swimwear in the waters of the Fichtensee is prohibited.
  • Waste must be disposed of in the waste containers provided.

2.3 Hazards and harassment

  • Every visitor is obliged to show consideration to the other visitors with regard to noise. They are therefore required to refrain from doing anything that harasses, disturbs or poses a risk to other bathers.
  • The wooden structures (especially the spruce needles structure) at the Fichtensee must not be either climbed on or over.
  • The usual rules of decency in public facilities are to be observed at all times. Any sexual act or excessive petting is not permitted and may be penalised with a ban from the premises and criminal charges.
  • Visitors who take photographs or record videos must note that taking photographs of people without their express consent is strictly prohibited.
  • Photography with the use of drones is only permitted after prior authorisation has been obtained from the Zeller Bergbahnen team.

2.4 Diving area

  • Diving can be restricted in busy periods.
  • Divers are personally responsible for ensuring that they do not put any other bathers at risk.
  • In the diving area, swimmers are also required to ensure that they do not put either themselves or other bathers at risk.
  • Boaters must avoid the diving area. Everyone is required to show consideration for everyone else.
  • The use of the water area in front of the diving tower is only permitted as long as safe diving is possible.

2.5 Loss of property, parking of vehicles

  • Lost property is to be handed in to the bathing team.
  • Vehicles or objects may only be parked or left standing in such a way that access to the lake is not obstructed, in particular with regard to access by the emergency services (the fire brigade, the police or medical services).

2.6 Duty to report/ to provide assistance

  • Accidents, thefts and complaints must be reported to the bathing team immediately.
  • Every bather is required to provide the necessary first aid or other assistance.

2.7 Miscellaneous

  • Any kind of commercial activity or advertising in the area of the Fichtensee requires the consent of Zeller Bergbahnen.
  • Smoking is permitted in consideration of the other guests. Cigarette butts are to be disposed of in the containers provided.
  • The use of glassware on the premises is prohibited for safety reasons.
  • The water quality is checked regularly in accordance with the Austrian Bathing Hygiene Ordinance (BHygV).
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