holzi a écrit :Actually it is an almost perfect situation which we have now with Trümmelbach V and I do not understand you in this case Emile.
Since the opening at the 15.11 already 5-6 Teams went down the Trümmelbach and all were happy and the situation with the calling works perfect.
The mandatory phone-call is not there to beg Mr. Von Almen to allow you a descent.
The phone call is mandatory because they usually work during the time where the walkways are closed to the public on the walkway and on the rock formations and trees above.
They clean the walls from loose rock and trees and make it safe for the tourists visiting the walkways. The cleaning helps not only them but it is also helpful for us canyoneers!
The tourist attraction of these waterfalls started 1877 and the family Von Almen got the right of the single use of the left and right side land parcel. At that time no-one could have foreseen that this gorge could be interesting for any kind of sport!
I totally understand Mr. Von Almen when he does not allow a descent during the time the walkways are open to the public as he can be taken responsible for any accident happened.
These tourists visiting the Trümmelbachfalls are from all over the world and there is a chance that some stupid guy think he can jump in to the canyon too when he sees us canyoneers down in the canyon.
There was already a deadly accident when a 12 year old child felt in the canyon from one of the platforms in 2009. This boy was from the US and as we all know the US rules/judges can make stupid decisions.
I recently also spoke to a mountain guide who met you at the day you did this descent in Trümmelbach where you got the fine. This mountain guide told you guys before you started, that it is not allowed to do this canyon and that it is a bad idea to go when the walkways are open. So I really wonder why you did this descent despite his warning.......
Ok now our disagreement is clear, on the principle. But your words have a prounounced biter taste.
First of all, and most disapointing to me, I can only say that the mountain guide is lying or that is memory is not correct. I remember very clearly this event as I had to repeat it, again and again, and the two others, Andrej et Soussou, can confirm what I'm repeating again here : we saw Oscar's team before the descent, and Franz Baumgartner and his team just after, while the policeman was giving us a fine (because Thun, court had called him, directly called by Von Allmen). We did not see any other canyoneers. It sounds crazy to me that I learn here, 2 years later, that someone says he had told me the cayon was not allowed when the toursit path were openned. No one had told me ! I told everyone on descent-canyon and everywhere that I was going to do this canyon, a month before. No one said a word about interdiction. This can be tchecked here on the forum. Bernotom notamment, qu'on ne peut soupçonner de ne pas respecter les règles, me suggèrait Trummelbach V si les conditions le permettait. Franz Baumgartner wrote a special note on his website just after we had our problem. What you say is really unfair ! Please tell me who told you that ! Why now ? The swiss mountain guide was going to defend my case and was ready to pay a lawyer; They wanted to use me and my determination to make apply what we all beleived to be the law at that time. You asked not to talk about it here on the forum and I respected your strategy. Finally the lawyer, M. Stempfi, said the case was probably not winnable because jurisprudence was on Von Allmen side. The swiss mountain guides then decided it was not worth it and stoped paying the lawyer, which I completly understand. I have been clear, honest and determinated all allong, not in order to get my poor 140CHF (it was not worth the pain and I still can get another fine, paying for example for procedure fees. What you say now is really disapointing to me.
On the other hand, we have a rock bottom desagreament. In what you say, there is no problem with a man buying a whole mountain and canyon. To me, nature is before all a common good. Swiss civil law says that despite one can own a land crossed by a river, he must keap it accessible to the public (mushroms pickers, fichermen, ...). Here it is not the case because the law does not condiers Trummelbach canyon as a river. I leave to everyone's appreciation whether or not we talk about a river. My main point is : I understand this story about Von Allmen family history, and I understand you're sentimental about it. But this kinf of site should bellong to the public.
You say we all know US rules/judge can make stupid decision. Please strat criticizing your country if you can...
The accident in 2009 happened without any canyoneer involved. your argument is weird : you really think one could feel like juping into the gorge besause he sees canyoneers inside ?! When paragliders take off, no sepctators around feels wings groing on his back and jumps from the cleaf !
You say you understand Von Allmen when he does not allow canyoning during the opening time of the pathways. But I think he should never have the privilege to decide this. The decision should bellong to the public.
your perspective is really sad. You completly accept the almyghty private property which rotten everywhere the conscience of the importance of common goods. It is sad, but now it gets insulting with this alleged testimony of this mountain guide, 2 years later. I hope this part will at least vanish away, so we can stay on a disagreement on the principles, which we can talk upon, and not a conflit of persons... I insist : you told me not to talk about the swiss mountain guide paying a lawyer, because Von Allmen could see it on the forum and adapt his defens conséquently. I did as you said. Now my case is not finished, and Von Allmen's lawyer can still read the forum. I defense is mainly based on the fact that I did not know and could not know. What you say suggest I'm lying from the beginning. Thanks for that !