¹ This Act applies to proposed risk activities on a professional basis in mountain or rocky sites and in watercourse areas that meet the following characteristics:

A.

They present either a fall or a slip hazard or a significant risk of floods, falls of stone, ice falls or avalanche danger;

B.

The practice of the activity requires particular knowledge or security measures.

² The following shall be subject to this Law:

A.

Mountain guide activity;

B.

The activity of snow sports teacher carried out outside the area of responsibility of the operators of mechanical lifts;

C.

Canyoning;

D.

Rafting and downwater descents;

E.

The elastic jump.

³ The Federal Council may submit other comparable risk activities under this Act, taking into account the objective dangers involved.

¹ Every person who proposes an activity subject to this Law shall be obliged to preserve the life and health of the participants by taking the measures which the experiment controls, which the technique permits and which the situation requires.

² In particular, the responsible person has the following obligations:

A.

Explain to clients the specific risks that may result from the practice of the chosen activity;

B.

Ensure that clients have the necessary skills to carry out the chosen activity;

C.

Verify that there is no defect in the equipment and that the facilities are in good condition;

D.

Ensure that the practice of the chosen activity is adapted to weather conditions, including snow conditions;

E.

Ensure that staff have sufficient qualifications;

F.

Ensure that the number of attendants is appropriate to the degree of difficulty of the activity and its risks;

G.

Respect the environment and, in particular, preserve the vital areas of fauna and flora.

Every person who proposes an activity subject to this Law shall hold an authorization.

¹ A permit is granted to mountain guides who meet the following conditions:

A.

Be the holder of a federal certificate of mountain guide in accordance with Art. 43 of the Federal Act of 13 December 2002 on vocational training ¹ A certificate of Swiss or foreign capacity equivalent;

B.

Offer any guarantee to fulfil the duties imposed by this Law.

² The Federal Council:

A.

Rules the recognition of Swiss or foreign certificates of capacity;

B.

Defines the activities referred to in s. 1, para. 2, let. C to e, which can also be proposed by mountain guides as individual providers.

¹ Authorization to take customers away from the area of responsibility of ski lifts shall be granted to sports teachers of snow who meet the following conditions:

A.

Be a holder of a federal certificate of snow sports teacher in accordance with s. 43 of the Federal Act of 13 December 2002 on vocational training ¹ A certificate of Swiss or foreign capacity equivalent;

B.

Offer any guarantee to fulfil the duties imposed by this Law.

² The Federal Council regulates the recognition of Swiss or foreign certificates of capacity.

¹ The authorisation shall be granted to undertakings proposing activities defined in Art. 1, para. 2, let. C to e, which meet the following conditions:

A.

Enjoy certification for these activities;

B.

Offer any guarantee to fulfil the duties imposed by this Law.

² The Federal Council sets out the minimum requirements for certification.

¹ The cantonal authority of the applicant's domicile or seat shall issue the authorisation.

² The renewal of the authorisation shall be effected in accordance with a simplified procedure.

³ In order to see their renewed authorisation, mountain guides and snow sports teachers must fulfil the conditions laid down in Art. 4 and 5 and attesting to adequate continuing training.

⁴ The Federal Council shall lay down the provisions relating to the granting and renewal of the authorisation and, more specifically, the authorisations for persons having their domicile or their headquarters abroad or staying there.

¹ Authorizations issued by a cantonal authority are valid throughout Switzerland.

² Authorizations issued to a mountain guide or a snow sports teacher are personal and non-transferable.

³ The powers of the cantons concerning fixed installations for the practice of the activities referred to in this Law shall be reserved.

¹ The authorisation issued to mountain guides and snow sports teachers is valid for four years.

² The authorisation granted to undertakings proposing activities defined in Art. 1, para. 2, let. C to e is valid for two years.

³ A shorter period of validity may be granted for persons having their domicile or their headquarters abroad or staying there.

The cantonal authority withdraws the authorisation where the requirements for obtaining it are no longer fulfilled.

¹ The cantons shall receive emoluments for the granting, renewal and withdrawal of authorisation.

² The Federal Council fixes the amount of the fees.

The cantonal authority shall indicate to third parties who request it if a person has an authorisation without having to justify a legitimate interest.

¹ Every person who obtains an authorization under this Act shall, for the performance of authorized activities, be required to enter into professional civil liability insurance that provides coverage tailored to the nature and extent of the risks involved To its activity or to provide equivalent financial security and to inform its customers.

² The Federal Council shall determine the minimum amount of insurance coverage and the requirements to which security rights are subject.

The cantons may prohibit access to certain areas, in particular for reasons of protection of nature and waters.

¹ A fine of not more than 10 000 francs is imposed on anyone, intentionally:

A.

Gives incomplete, inaccurate or misleading representations to obtain authorization;

B.

Exercises without authority the activity of mountain guide or snow sports teacher or proposes an activity referred to in s. 1, para. 2, let. C e.

² Any person who is negligent is liable to a fine of not more than 5,000 francs.

The criminal prosecution is the responsibility of the cantons.

The Confederation may establish, financially support or participate in legal persons under private law. These shall be designed to improve the security of activities subject to this Law by introducing security measures and controls.

¹ The cantons shall be responsible for the implementation of this Law, except when it confers jurisdiction on the Confederation.

² The Federal Council shall issue the implementing provisions.

¹ Cantonal authorisations issued to mountain guides and snow sports teachers under the cantonal law to date shall remain valid until the date of expiry, but not more than two years after the entry into force Of this Act.

² Persons who were already active as mountain guides or snowsports teachers and did not have Cantonal authorization at the time of entry into force of this Law shall be required to file within six months to From the date of entry into force, an application for leave in their home canton.

³ The Federal Council determines from when companies that propose activities defined in Art. 1, para. 2, let. C to e and which were already active on the entry into force of this Law shall comply with the requirements laid down in this Law.

¹ This Law shall be subject to the referendum.

² The Federal Council shall fix the date of entry into force.