The Act applies to the following activities in addition to those named in Article 1 paragraph 2 thereof:
- the activities of aspiring mountain guides;
- the activities of climbing instructors;
- 2 the activities of mountain leaders.
935.911
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 30 January 2019 (Status as of 7 April 2020)
The Swiss Federal Council,
on the basis of Articles 1 paragraph 3, 4 paragraph 2, 5 paragraph 2, 6 paragraph 2,
7 paragraph 4, 11 paragraph 2, 13 paragraph 2, 18 paragraph 2 and 19 paragraph 3 of the Federal Act of 17 December 2010 1 on Mountain Guides and Organisers of other High-Risk Activities (the Act),
ordains:
The Act applies to the following activities in addition to those named in Article 1 paragraph 2 thereof:
A person who earns a primary or secondary income by carrying on activities defined in Article 3 paragraph 1 on the territory of the Swiss Confederation is considered to be carrying on a commercial activity.
A person who carries on activities defined in Article 3 paragraph 1 of this Ordinance exclusively under the supervision and responsibility of not-for-profit organisations whose internal structures and requirements guarantee the safety of the participants is not considered to be carrying on a commercial activity.
A licence is required in order to offer the following activities:
Off-piste skiing is considered to be downhill skiing using snow sports equipment in locations accessible by mountain railways but not within the area of responsibility of ski lift or cableway operators.
Canyoning is defined as entering or travelling in streambeds or riverbeds with limited escape options for which swimming or climbing techniques are required.
Bungee jumping is considered to be jumping from heights in a free fall while attached to an elastic cord, or a pendulum jump.
Licensed mountain guides are authorised to guide clients within the scope of the activities defined in Article 3 paragraph 1 letters a – h.
The following are considered to be equivalent to a Federal Professional Education and Training Diploma as a Mountain Guide (Federal PET Diploma):
Licensed mountain guides are authorised to conduct canyoning if the guide has completed additional training with the Swiss Mountain Guide Association (SBV) or holds a diploma recognised by the IFMGA. 6
Licensed aspiring mountain guides are authorised to guide clients within the scope of activities defined in Article 3 paragraph 1 letters a – h if they do so under the direct or indirect supervision of and in joint responsibility with a mountain guide licensed in accordance with Article 4.
Aspiring mountain guides are granted a licence if they:
Licensed aspiring mountain guides are authorised to guide canyoning if the aspirant has completed additional training with the Swiss Mountain Guide Association or holds a diploma recognised by the IFMGA and conducts the activity under the direct or indirect supervision of and in joint responsibility with a mountain guide licensed in accordance with Article 4 paragraph 3. 7
Licensed climbing instructors are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter h on condition that a safe ascent or descent:
Climbing instructors are granted a licence if they:
Licences issued under previous laws in accordance with Annex 4 section 2 are considered to be equivalent to a Climbing Instructor with Federal PET Diploma if the holder can demonstrate that he or she has pursued the activity regularly and has completed sufficient further training.
Licensed climbing instructors are also authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter f on condition that the climbing instructor has completed additional training provided by or recognised by the Swiss Rock Guides Association or the Swiss Mountain Guide Association which covers the areas of safety and risk management when using vie ferrate.
Trainee climbing instructors may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letter h if this is necessary for their further training.
Licensed snow sports instructors are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letters c–e on the following conditions:
The following are considered to be equivalent to a Snow Sports Instructor with Federal PET Diploma:
Trainee snow sports instructors may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letters c – e if this is necessary for their further training.
Licensed mountain leaders are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter d on the following conditions:
The licence shall be granted if the mountain leader:
The following are considered to be equivalent to a mountain leader with Federal PET Diploma as defined in Article 43 VPETA:
Licensed mountain leaders are also authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter b on the following conditions:
Trainee mountain leaders may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letter d if this is necessary for their further training.
Licensed whitewater sports guides are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter k.
The licence shall be granted if the whitewater sports guide:
Trainee whitewater sports guides may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letter k if this is necessary for their further training.
Under Article 6 of the Act, businesses are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 for which the business is certified.
Certification of businesses providing the activities defined in Article 3 paragraph 1 must be undertaken by a certification body recognised by the Federal Department of Defence, Civil Protection and Sport (DDPS).
The DDPS recognises certification bodies if they:
Recognition is valid for a maximum of five years. On application it may be extended for a maximum of five years at a time, following a reassessment of the requirements for recognition.
Recognised certification bodies are required to notify the DDPS, immediately and without being asked, of any material changes relating to their recognition.
If there are indications that a recognised certification body no longer meets the requirements for recognition, the DDPS will conduct the necessary investigations.
The DDPS may suspend or withdraw recognition with immediate effect if the requirements for recognition are no longer met. In minor cases, the DDPS may impose restrictions or attach conditions to recognition until the deficiencies have been remedied.
The minimum certification requirements as defined in Article 6 paragraph 1 letter a of the Act are met if:
The protection objective for the conduct of activities as defined in Article 3 paragraph 1 is fewer than five deaths per 10 million hours of activity.
The Federal Department of Defence, Civil Protection and Sport (DDPS) shall amend Annex 5 whenever the risk analysis templates are revised.
FOSPO recognises certification obtained abroad provided that the requirements defined in Article 13 are met.
Before reaching a decision, it shall obtain an expert opinion on the institution in accordance with Article 16 paragraph 1.
It may suspend or withdraw recognition with immediate effect if the requirements for recognition are no longer met. In minor cases, FOSPO may impose restrictions or attach conditions to recognition until the deficiencies have been remedied.
FOSPO recognises Swiss and foreign certificates of competence for leaders and assistants (Art. 13 para. 1 letter c) provided that the certificates were issued in compliance with the following requirements:
Before reaching a decision, FOSPO shall obtain an expert opinion on the institution in accordance with Article 16 paragraph 1.
The granting of recognition is published on the Internet.
FOSPO may suspend or withdraw recognition with immediate effect if the requirements for recognition are no longer met. In minor cases, FOSPO may impose restrictions or attach conditions to recognition until the deficiencies have been remedied.
FOSPO shall designate an appropriate institution which draws up and develops safety plans and safety checks, especially in the area of risk analysis templates, evaluating qualifications, evaluating foreign certification and providing resources for the certification process.
It may conclude a service agreement with the institution, setting out the objectives of the collaboration, the services to be provided, the reporting and controlling specifications, and compensation.
Nationals of a Member State of the European Union (EU) or the European Free Trade Association (EFTA) who did not obtain their professional qualification in Switzerland and who wish to work in Switzerland on a self-employed basis or as a posted worker for the purpose of providing a service must, before commencing their professional activities in Switzerland, fulfil a compulsory registration requirement in accordance with legislation governing the compulsory registration and verification of professional qualifications for service providers in regulated professions.
The applicant for the licence must submit the application in writing to the cantonal authorities of the applicant’s place of residence or registered office. If the person is resident or has a registered office abroad, the application must be submitted to the cantonal authorities at the primary place of business.
The application must contain the information and documents set out in Annex 1.
Cantons may require that their own application form be used.
The authority shall review the application and the accompanying documents within 10 days of submission. If the application is deficient or incomplete, the authority shall reject it and set a deadline for its correction or completion. If this deadline is not met, the application is considered to be withdrawn.
The authority shall decide on the application within 10 days of the point in time at which the application is available in a complete and correct form.
Article 8 paragraph 2 and Article 9 paragraph 1 of the Ordinance also apply by analogy to aspirant mountain guides, rock climbing instructors, hiking guides and whitewater sports guides.
In all other respects the procedure is governed by cantonal procedural law.
In order to renew a licence, holders of an individual licence for activities defined in Article 3 paragraph 1 letters a–h and k must:
In order to have their licences renewed in accordance with Article 6 of the Act, businesses must:
In all other respects Article 18 applies to the procedure.
Licence holders are obliged to inform the competent cantonal authority within 30 days of the following changes:
A list of the licences awarded under Articles 4 – 10 is published on the Internet by the Federal Office of Sport (FOSPO).
This list contains the following data:
Data is entered in this list by the responsible cantonal authority.
FOSPO and the responsible cantonal authority may edit the data.
The data may be used only for the purpose foreseen in Article 12 of the Act.
The cantonal authority responsible for granting the licence shall take the necessary measures if it determines that the provisions of the Act or this Ordinance are not being observed, i.e. if:
If it is expected that the deficiency can be remedied, the authority shall set an appropriate deadline for remedying it. This deadline may be extended in justifiable cases.
If there is no prospect of remedying the deficiency and it would be irresponsible to continue to offer the activity, the authority shall prohibit the licence holder from offering the activity and shall withdraw the licence.
Cantonal law enforcement authorities which determine that the provisions of the Act or this Ordinance have not been observed are required to report this to the cantonal authority responsible for the licence.
The following fees are charged:
If the review of documents or the withdrawal of a licence necessitates an extraordinary amount of work, a fee of up to CHF 100 per hour shall be charged. Every half hour commenced is charged as a full half hour.
Expenses, in particular the costs of expert opinions, and fees charged by SERI for the recognition of foreign qualifications shall be calculated separately and invoiced in addition to the basic fee schedule.
In all other respects, the provisions of the General Fees Ordinance of 8 September 2004 16 apply.
The minimum cover provided by the licence holder’s professional indemnity insurance as outlined in Article 13 of the Act must amount to CHF 5 million annually.
The following security is considered to be equivalent to professional indemnity insurance:
The insurance company or bank must be licensed by or registered with the responsible supervisory authority.
Article 13 of the Act also applies to aspirant mountain guides, rock climbing instructors, mountain leaders and whitewater sports guides.
Persons who hold licences under the Act must inform their clients of their insurance cover or the equivalent surety or guarantee:
Cantons may list tours and downhill ski runs on their territory in an inventory which describes the training necessary for offering the respective tour or downhill ski run.
Article 15 of the Act also applies to aspirant mountain guides, rock climbing instructors, mountain leaders and whitewater sports guides.
The High-Risk Activities Ordinance of 30 November 2012 17 is revoked.
Licences issued under previous laws remain valid until the expiry of their period of validity.
Providers who are certified in accordance with Article 6 of the Act at the time when the Ordinance comes into force may apply for a licence under the previous law until the end of the certification cycle.
Certificates of competence obtained under previous laws and entered by the «Safety in adventures» foundation on the list of training courses of 30 November 2018 18 meet the requirements of Article 13 paragraph 1 letter c.
This Ordinance comes into force on 1 May 2019.
(Art. 18 para. 2 and 20 letter a)
1 The application must contain the following information:
2 The application must be accompanied by the following documents:
1 The application must contain the following information:
2 The application must be accompanied by the following documents:
(Art. 3 para. 1 letters b–e, 7 para. 1 letter a, 8 para. 1 letter a and 4 letter a)
The difficulty levels in the following scales20 apply with respect to this Ordinance:
(Art. 3 para. 1 letters j and k)
View | Clear |
Water | Regular currents, regular waves, small swells |
Riverbed | No serious obstacles |
View | Passage clear |
Water | Irregular currents, irregular waves, mid-sized swells, weak breaking waves, eddies and reversals |
Riverbed | Simple obstacles in the current, small drops |
View | Passage easy to recognise |
Water | High, irregular waves, larger swells, breaking waves, eddies and reversals |
Riverbed | Single exposed boulders, drops, other obstacles in current |
View | Passage not obviously recognisable; scouting is generally necessary |
Water | High, long-lasting swells, strong breaking waves, eddies and reversals |
Riverbed | Current obstructed by offset boulders, higher drops with backflow |
View | Scouting is absolutely essential |
Water | Extreme swells, extreme breaking waves, eddies and reversals |
Riverbed | Extreme obstructions, high drops with difficult approaches or exits |
Generally not passable, possibly passable at specific water levels
(Art. 4 para. 2 letter a, 6 para. 3 and 7 para. 2 letter a)
Swiss Mountain Guide Association Climbing Instructor diploma acquired before 31 December 2011.
(Art. 13 para. 1 letter b)
1. In relation to certification, reference should be made to the following risk analysis templates of the institution as defined in Article 1621 (available in German and French only):
2. Certification may be based on a different risk analysis, provided that an equivalent standard of safety is guaranteed.