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ESF take UK tour ops to court over alleged illegal ski guiding

 Poster: A snowHead
Poster: A snowHead
pam w, ski hosting is just banned in St Anton, as far as I know. We've been with ski hosts in Lech, Zurs etc.
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 Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
Mark Warner seem to be offering hosting in St Anton, although it is only for 2 days per week. Must be a reason for that?
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 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
Hells Bells wrote:
Kel, they only have two chalet hotels in St Anton, and no other resorts. Hosting only takes place on 2 days a week.


I know, I've been to one of them, but they are still hosting nonetheless.


Last edited by Well, the person's real but it's just a made up name, see? on Mon 25-02-13 19:12; edited 1 time in total
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And it's still being offered on line for next year.
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 Anyway, snowHeads is much more fun if you do.
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If Switzerland has banned it god knows what I'm doing with the consent of everyone I asked in resort.

or to put it more clearly - no ban here.
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Kel wrote:
In a vain attempt to bring some relevance back to this topic, might I suggest that we all refuse to accompany kids on lifts who are on ESF lessons. Also if anyone has any T.O. influence, get the reps to tell hotel guests to do the same. Do this on the grounds of "sorry I have not been CRB checked to accompany that 6 year old on a lift with me and with all the accidents that have happened recently, I refuse to do it".

Now under normal circumstances I would not consider doing this, but can you imagine the impact it would have on the ESF if every British holiday-maker took this stance and they knew why this stance was being taken !!.

This may have been mentioned before, but I really couldn't be bothered to read through the last few pages of drivel.


That's an assumption that people are on the side of the TOs, which if you read through the thread is by no means the case.

To be blunt it won't happen.
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Kel, I'd argue, as a person who books holidays with TOs, that a valuable part of the holiday just got removed, and I'd like a discount as a result. That might get the TOs to wake up and fight their corner a bit.
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Mistress Panda wrote:
Kel, I'd argue, as a person who books holidays with TOs, that a valuable part of the holiday just got removed, and I'd like a discount as a result. That might get the TOs to wake up and fight their corner a bit.


What - you mean, try to mount a stronger legal defence against being found guilty of paying staff below minimum legal wage. And presumably those were only the ones that were stopped when doing the ski hosting.
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pam w wrote:
Quote:

France ain't the only show in town.


and it ain't the only country where TO guiding has been outlawed, either, according to other posts in this thread.


So in the light of the above, guiding in St Anton, Austria generally and Switzerland, where are you thinking of Pam?

I think France is the only country in Europe to have a blanket ban in place, which is a shame, I like france. Unless of course you know different.
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Ok, so I'm BASI 3, (the old one so been moved up!) a lapsed SCGB rep, but mainly 30 plus years skiing so have been to the ski academy of life. In 3 weeks we go to Les Acres with 14 close friends, all tourist skiers. I will naturally take a group and lead and maybe do some teaching (sort of as you go not formal). It this now illegal? Puzzled
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michaelski, that is perfectly legal.
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at the moment wink Laughing
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michaelski wrote:
Ok, so I'm BASI 3, (the old one so been moved up!) a lapsed SCGB rep, but mainly 30 plus years skiing so have been to the ski academy of life. In 3 weeks we go to Les Acres with 14 close friends, all tourist skiers. I will naturally take a group and lead and maybe do some teaching (sort of as you go not formal). It this now illegal? Puzzled
Me again. A hypothetical question. Could a ski co. form a club to include their staff and clients as members Puzzled
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 You know it makes sense.
You know it makes sense.
michaelski, The guiding is legal the teaching NO.
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Otherwise you'll just go on seeing the one name:
Fattes13 wrote:
michaelski, The guiding is legal the teaching NO.


The teaching is perfectly legal.
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 Poster: A snowHead
Poster: A snowHead
Fattes13 wrote:
Quote:
michaelskiIn 3 weeks we go to Les Acres
, The guiding is legal the teaching NO.


Leading, guiding and teaching are legal if you are not paid for it; athough as he says he's going here http://www.comptonacres.co.uk/ with a party of old dears I'm not sure its a problem.
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Obviously A snowHead isn't a real person
PJSki, No unless he has sufficient insurance no???
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 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
Lizzard wrote:
Quote:

as there would be handling of food involved especially in the case of "assembly cuisine", a training as chef would be necessary when it comes to food hygiene.

Rubbish. Any monkey with a basic food hygiene certificate could do that.



Well, not too basic then. And when it comes to qualifying food handling people in France, you'd be surprised. In this case, they might need some sort of NVQ equivalents (CAP/BEP employe collectivites) or something along the lines.
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Fattes13 wrote:
PJSki, No unless he has sufficient insurance no???


He's giving a few mates some tips for free, so French law ain't interested.
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pam w wrote:
one job my son had in Courchevel was like that. The guests, in their second week, were all people who had not been able to go their booked hotel because the Saudi princelings the week before had decided they wanted to stay on, and refused to move. rolling eyes But the hotel's chef was providing all their food which got send up in containers like you get from Chinese take aways, with scribbled names on in French. The guests had very little idea what to do with it all, just sat them on the table and opened them in hope. When Nick arrived the hotel chef explained to him what the food was all about, so all Nick had to do was present it all nicely, at the right temperature and in the right order. Said it was the easiest week he'd ever had, and that the hotel chef was so glad that somebody was able to do justice to his food that he tolerated Nick's poor French.


Smile
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Fattes13, informal teaching among mates and for no financial reward is absolutely fine. If his BASI membership is up to date he may well have liability insurance but, even without, nothing to stop them.

He said:

Quote:
...14 close friends... maybe do some teaching (sort of as you go not formal).
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Bode Swiller, I have a valid instructors license and insurance and have been haranged by ESF/ Local rozzers, for teaching my wife who is also an instructor this is why I am asking the question
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rogg wrote:
pam w wrote:
Quote:

France ain't the only show in town.


and it ain't the only country where TO guiding has been outlawed, either, according to other posts in this thread.


So in the light of the above, guiding in St Anton, Austria generally and Switzerland, where are you thinking of Pam?

I think France is the only country in Europe to have a blanket ban in place, which is a shame, I like france. Unless of course you know different.


It hasn't been 'banned', or stopped.

If you read the thread, two judgements were made.

1) A TO was guilty of paying it's staff below the French minimum wage.

2) Confirmation of an existing law that guiding or hosting that is paid for has to be done by a qualified person.
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Fattes13 wrote:
Bode Swiller, I have a valid instructors license and insurance and have been haranged by ESF/ Local rozzers, for teaching my wife who is also an instructor this is why I am asking the question


They have no right to interfere with you.
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Quote:


Fattes13 wrote:
Bode Swiller, I have a valid instructors license and insurance and have been haranged by ESF/ Local rozzers, for teaching my wife who is also an instructor this is why I am asking the question


They have no right to interfere with you.

The gendarmerie had a very different and aggressive opinion next time I will try that line and see how it works out for me but on the occasion in question I took a much more diplomatic approach
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Fattes13 wrote:
Quote:


Fattes13 wrote:
Bode Swiller, I have a valid instructors license and insurance and have been haranged by ESF/ Local rozzers, for teaching my wife who is also an instructor this is why I am asking the question


They have no right to interfere with you.

The gendarmerie had a very different and aggressive opinion next time I will try that line and see how it works out for me but on the occasion in question I took a much more diplomatic approach


Clearly they don't understand their own laws.
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Quote:

Clearly they don't understand their own laws.


Would not be unusual for a police force not to understand the laws of the and, work in Legal and have corrected our Law enforcers on many an occasion. Not being an expert in French law and the Code Napoléon, and being faced with aggressive and intimidating individuals I thought the better of arguing my case.

Bus sure the local Instructors and police would never be aggressive or threatening to outsiders rolling eyes
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Fattes13, When I hear that kind of thing I have NO idea whatsoever why people put up with France.
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 You know it makes sense.
You know it makes sense.
Quote:

Mark Warner seem to be offering hosting in St Anton, although it is only for 2 days per week. Must be a reason for that?

they are possibly employing a locally qualified person to do the job?

I know nothing about hosting in Austria or Switzerland (or France, for that matter, though I have in the past been a consumer), was just quoting statements made earlier which were not refuted at the time. The Arlberg seems a bit of a law unto itself - as in the horrendous cost of ski hire. Neither did anybody respond to my question about whether any of the other major ski destinations were any more open to outside businesses coming in than France is. My thesis is that whilst France is not exactly a great example of welcoming competition from elsewhere in the EU, it was possibly the best of a bad bunch. So, can anybody put up any evidence to suggest that British TOs, ski schools, chalets, etc wanting to get a bigger slice of the local market in Italy, Austria, Switzerland etc have an easier time than they do in France?
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Bode Swiller, There is some nice skiing and amazing mountains and some nice people to. Switzerland or Canada would be my first point of call before France. I have no problem with the ruling, I think it is cutting of the nose to spite the face. I have no problem that the French insist on ISTD as the teaching standard, I dont see the need for it but thats their call.

I have an issue with being treated like an ass by local instructors, when I am endangering no one and skiing with friends and family, and am qualified to teach anywhere in the world but France.
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 Poster: A snowHead
Poster: A snowHead
pam w, Ski hosting is available in Saalbach, Mayrhofen and Obergurgal from experience on being in these resorts and noticing it in hotels. The Alberg is Austria's equivelant of the wild west Smile
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Bode Swiller wrote:
Fattes13, informal teaching among mates and for no financial reward is absolutely fine. If his BASI membership is up to date he may well have liability insurance but, even without, nothing to stop them.

He said:

Quote:
...14 close friends... maybe do some teaching (sort of as you go not formal).


Ironically enough amidst all the French-bashing, I just remembered how you would have been thrown off a UK dry slope if caught giving pointers to someone; perhaps not all of them, but certainly at the two northern England ones I used to visit giving a beginner mate some tips on standing up was a serious offence.
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 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
We have similar rules on the local dry slope unless you can prove you are qualified.
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PJSki wrote:
Fattes13 wrote:
Quote:


Fattes13 wrote:
Bode Swiller, I have a valid instructors license and insurance and have been haranged by ESF/ Local rozzers, for teaching my wife who is also an instructor this is why I am asking the question


They have no right to interfere with you.

The gendarmerie had a very different and aggressive opinion next time I will try that line and see how it works out for me but on the occasion in question I took a much more diplomatic approach


Clearly they don't understand their own laws.


The Gendarmerie (under the Ministry of Defence) being basically the Army, they do not careor understand (or need to) much about the law. As for the Police Nationale (under the Home Office) sometimes it is best to avoid any type of confrontation.
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PJSki wrote:
Fattes13 wrote:
Bode Swiller, I have a valid instructors license and insurance and have been haranged by ESF/ Local rozzers, for teaching my wife who is also an instructor this is why I am asking the question


They have no right to interfere with you.


If your licence does not say ISTD it is not a valid licence in France. The police do have a right to interfere with you, in order to check if you are working illegally, hopefully they would do so in a diplomatic way, but that may not always be the case.
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Quote:

The police do have a right to interfere with you, in order to check if you are working illegally,

I think the question is can they do this if no Money is being exchanged?
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Bode Swiller wrote:
Mistress Panda wrote:
Or they just get a whole lot of liability insurance for the club, a fairly straightfoward thing to get. It could replace carre neige if the cover was good enough...


If you are setting up a "quasi" ski club just to get around the problem of not being able to offer hosting/guiding without the "host" having the required qualifications.... I don't think getting Public liability insurance will be that straightforward ...certainly not from a UK company, and even less likely from a French insurer ! rolling eyes

Puzzled Don't think so. PI cover for a club is entirely different from the type of personal piste rescue cover provided by Carre Neige


PI insurance is generally the term for Professional Indemnity cover, which is a form of Liability cover offering protection against professional errors (guiding/teaching)....not sure that you would need that if you wasn't teaching or guiding!

Here endth the Chartered insurance Institute lesson.....as you were Razz
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Ricay, yes, wot I woz saying but you seem to have attributed words to me that aren't mine (the "quasi" club stuff)
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Bode Swiller wrote:
Fattes13, When I hear that kind of thing I have NO idea whatsoever why people put up with France.


+1

I live and work in France during the winter season so am not in a position to go skiing in Austria, but I do think that dissatisfied Brits should stop enduring the hardship that is skiing in France - Saalbach, Mayrhofen and Obergurgal have ski hosting and sound ideal.
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33 pages. You lot are in a lather. Why?
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