Federal Act on Mountain Guides and Organisers of…

By Steph2
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In The Matter OfFederal Act on Mountain Guides and Organisers of…
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 3 Licensing requirement

Any person offering an activity subject to this Act requires a licence.

Art. 4 Licence for mountain guides

1 Mountain guides are granted a licence if they: a. hold a Federal Professional Education and Training Diploma as a Mountain Guide under Article 43 of the Vocational and Professional Training Act of 13 December 2002 or have been awarded an equivalent Swiss or foreign professional qualification; and b. guarantee that they will comply with the obligations under this Act. 2 The Federal Council regulates: a. the recognition of Swiss or foreign professional qualifications; b. which activities under Article 1 paragraph 2 letters c–e mountain guides may offer as individuals.

Para. 1 let. a — SR 412.10

Art. 5 Licence for snow sports instructors

1 Snow sports instructors are granted a licence to guide clients in areas that do not fall within the responsibility of ski lift or cableway operators if they: a. hold a Federal Professional Education and Training Diploma as a snow sports instructor under Article 43 of the Vocational and Professional Training Act of 13 December 2002 or have been awarded an equivalent Swiss or foreign professional qualification; and b. guarantee that they will comply with the obligations under this Act. 2 The Federal Council regulates the recognition of Swiss or foreign professional qualifications.

Para. 1 let. a — SR 412.10

Art. 6 Licence for businesses offering activities under Article 1 paragraph 2 letters c–e

1 Businesses that offer activities under Article 1 paragraph 2 letters c–e are granted a licence if they: a. are certified for the conduct of the activities concerned; and b. guarantee compliance with the obligations under this Act. 2 The Federal Council regulates the minimum requirements for certification.

Art. 7 Granting and renewing the licence

1 The cantonal authority at the place of residence or registered office of the applicant grants the licence. 2 Licences are renewed in a simplified procedure. 3 Licences for mountain guides and for snow sports instructors are renewed if the holder meets the requirements under Articles 4 and 5 and can provide proof of appropriate continuing education and training. 4 The Federal Council issues the implementing provisions on granting and renewing licences, and in particular on granting and renewing licences for persons staying, resident or with registered office abroad.

Art. 8 Effect of the licence

1 A licence from a cantonal authority is valid for the entire territory of Switzerland. 2 A licence for a mountain guide or for a snow sports instructor is personal and non-assignable. 3 The foregoing provisions are subject to cantonal jurisdiction over stationary installations for carrying out activities governed by this Act.

Art. 9 Term of the licence

1 A licence for a mountain guide or a snow sports instructor is valid for four years. 2 A licence for a business that offers activities under Article 1 paragraph 2 letters c–e is valid for two years. 3 Licences for persons staying, resident or with registered office abroad may be made valid for a shorter term.

Art. 10 Withdrawal of the licence

The cantonal authority shall withdraw the licence if the holder no longer fulfils the requirements for being granting the licence.

Art. 11 Fees

1 The cantons charge fees for granting, renewing and withdrawing the licence. 2 The Federal Council regulates the level of the fees.

Art. 12 Information

The cantonal authority must provide third parties with information on whether a person holds a licence without proof of a legitimate interest being required.