Contract for Backcountry Tours

Terms and Conditions of Use

Issued by Kosciuszko Thredbo Pty Ltd (referred to throughout as ‘us’, ‘we’, ‘our’) as operator of the Thredbo Alpine Resort (‘Resort’ or ‘Thredbo’).

By using your lift pass or accessing the Resort you acknowledge that you have read and understood, and agree to be bound by, these Terms and Conditions of Use. Any adults who are parents or guardians of children who are unable to accept these Terms and Conditions of Use in their own capacity, do so on their behalf and must ensure they comply with them. Separate and additional terms and conditions may apply to the use of some of our facilities, equipment and services.

These Terms and Conditions of Use refer to various rights that may be exercised in our discretion, and the discretion of our staff. Mountain based recreational activities can be dangerous, and as a result we need the right to do so. We will, however, endeavour to ensure those rights are exercised in accordance with all applicable laws, and having regard to the need to protect staff, customers, property and equipment.

General provisions:

1. You must observe the Alpine Responsibility Code (as set out below, and as may be updated in our discretion by notices displayed throughout the Resort) and conduct yourself in a safe, responsible and controlled manner at all times.
2. The use of any snow or mountain sport equipment or devices, whether recreational or otherwise, other than skis or snowboards during our snow season (and mountain bikes when permitted, or other equipment we approve in our discretion) is not permitted within the Resort boundary. Tobogganing and general snow-play is not also not permitted within the Resort boundary.
3. You must read and comply with all signs and follow all directions given by us and our staff, and by any public health official or law enforcement officer.
4. You acknowledge that the risks associated with mountain based recreational activities are not always prominent, conspicuous or physically observable and you accept those risks nonetheless.

Limitations and exclusions of liability:

1. This section contains limitations and exclusions on our liability. Those limitations and exclusions are not intended to apply in any circumstances where the law does not permit us to do so, whether under the Competition and Consumer Act 2010 (Cth), the Civil Liability Act 2002 (NSW) or otherwise.
2. You engage in any recreational activity at your own risk.
3. Where we provide “recreational services” as defined in the Competition and Consumer Act 2010 (Cth) (which include sporting activities or similar leisure time pursuits), to the maximum extent permitted by that legislation we exclude all liability to you for personal injury (as defined below) arising out of any failure by us (or our employees or agents) to comply with any consumer guarantees applying under that legislation (including those set out in the Australian Consumer Law). For these purposes, “personal injury” means:
   a) death;
   b) any physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury);
   c) the contraction, aggravation or acceleration of a disease of an individual; and
   d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
   i.  that is or may be harmful or disadvantageous to an individual or community; or
   ii. that may result in harm or disadvantage to an individual or community.
4. Where liability cannot be excluded, we limit our liability to the maximum extent permitted by law.
5. Without limiting paragraph 2 above, all warranties, representations or conditions relating to the services we provide (whether express or implied and whether arising out of contract, at common law or under statute) not set out in these Terms and Conditions of Use are excluded.
6. We are not liable to you (on any basis) for any indirect or consequential loss or damage to you.
7. However, nothing limits our liability for representations or other communications (either oral or written) made by us, where by law such liability cannot be excluded.
8. The term “including” in these Terms and Conditions of Use is not a term of limitation.

Backcountry Tours Cancellation Policy:

1. Thredbo Backcountry tours reserve the right to cancel a tour at any time, for reasons including but not limited to:
   a) Lightning;
   b) Winds over 70km/hour;
   c) Extreme weather conditions: rain, hail or snow; and
   d) Medical incidents.
2. In the event that a tour is cancelled prior to the commencement date, a full refund will be issued. No refund will be issued if the tour is cancelled or the goal of the tour is not met during the activity.
3. All tours depart promptly. Should participants not be present and prepared at these times the tour will depart. No refunds will be given for late arrivals or no shows.

Where your Backcountry Tour includes complimentary lift access:

1. Your lift pass:
   a) is valid only for the period of usage specified to or selected by you when purchased.
   b) must only be used by you and only on dates for which it has been validly purchased.
   c) remains our property at all times and:
   i. must not be resold or altered in any way; and
   ii. is valid for use by the assigned pass holder only and cannot be transferred to any other person.
   d) any breach of these conditions will result in the cancellation of the lift pass and may invoke police action. Where we have reason to believe that a lift pass has been transferred to another person, no refund will be provided or credit payable for the purchase price of the cancelled pass, even if a portion of the pass remains unused.
   e) must be available and produced for inspection upon request by our staff at lift access points for verification of validity. If requested by our staff, you must produce photo ID as proof that you are the valid passholder.
   f) subject to any refund rights you have under the Australian Consumer Law or under our Cancellation Policy, will not be refunded in whole or part if:
   i. you do not comply with these Terms and Conditions and your lift pass is cancelled as a result;
   ii. any facilities are not operating for any reason, including weather, safety or any other operational closure, restriction or limitation or as directed by our staff in their discretion; or
   iii. any portion of the pass is unused.
   g) may be cancelled by us at any time:
   i. if you fail to adhere to these Terms and Conditions of Use and the Backcountry Responsibility Code; or
   ii. we otherwise consider appropriate in our discretion to protect our staff, customers, property and equipment, including in response to unacceptable behaviour by you that includes physical or verbal abuse towards our staff and other customers;
   iii. if you have engaged or attempted to engage in any unlawful conduct; or
   iv. If you have been involved in an incident where there is the potential for concussion. You are required to provide a doctor’s certificate or suitable medical clearance to activate your pass.

MyThredbo Cards:

1. A MyThredbo Card is required for all Thredbo lift, lesson and rental products.
2. If your MyThredbo Card:
   a) is damaged and no longer grants you access to Thredbo Facilities, a replacement MyThredbo Card will be issued to you upon request subject to payment by you of $5.00; or
   b) has been lost or stolen, you must immediately report this to Thredbo Guest Services on 1300 020 589 or by visiting a Thredbo Guest Services Office. You acknowledge and accept that any lift pass issued to you may be cancelled or suspended by us if an unauthorised person is found to be using it prior to you reporting it lost or stolen.

Photo Requirement:

1. A photo is required to be uploaded to your profile at the start of each season.
2. Where a photo is not updated, your purchased product/s will be suspended until your photo is updated.
   a) To update your photo please go to shop.thredbo.com.au
   i. Sign in and select My Account.
   b) Updating your photo will remove the suspension on your pre-purchased product/s.

Product Amendments:

1. Product amendments may be made to the product type, duration and start date,provided the change is to a product of equal or greater value,and the request is made up to 4.30pm two days prior to the selected product start date:
   a) Your product can be amended upon payment of the required fee. The amendment fee is $20.00 per transactional change.
   b) Where amended to a different pricing season, duration or product type, may require additional payment or MyMoney credit, due to the best available rate for the amended date being higher or lower.
   c) Change requests made inside 4.30pm two days prior to the selected product start date are not accepted.
   d) Product amendment requests may be made via phone or email as follows:
   i. By email: guestservices_thredbo@evt.com
   ii. By phone: 1300 020 589. Customer Support office hours are generally 8.00am to 5.00pm during the winter season.
2. Change of person is not available on lift passes.

SEVERE WEATHER POLICY:

Please refer to https://www.thredbo.com.au/terms-conditions/ for terms and conditions in relation to Thredbo’s severe weather policy.

THREDBO CANCELLATION POLICY:

Please refer to https://www.thredbo.com.au/terms-conditions/ for terms and conditions in relation to cancelling a Thredbo product or service.

BACKCOUNTRY RESPONSIBILITY CODE

Backcountry touring requires a high level of fitness, advanced skiing/riding skills, comprehensive trip planning and avalanche awareness to safely negotiate the inherent risks. Alpine weather can become severe rapidly – hypothermia is the main cause of incidents and rescues in the Australian Alpine. Wind gusts of 150km/h and heavy snowfall during blizzards is not uncommon and it can be an extended period before help can reach backcountry locations.

• Have the skills and the fitness. Know your skiing/riding ability and stay in control at all times. Be confident and comfortable with navigation, route finding and avalanche safety.
• Check the weather and Alpine Hazard Report. Examine reputable weather forecasts and understand that alpine weather can change rapidly and be severe. If there are predicted or observed extreme weather conditions, reconsider and re-evaluate your trip.
• Have the right gear. Ensure your clothing is appropriate to the conditions. Carry the 10 Essentials of Navigation, Sun Protection, Insulation, Illumination, First Aid, Fire, Repair Kit, Extra Food, Hydration and an Emergency Shelter. Bring appropriate protective equipment e.g. helmet, crampons, ice axe, beacon, shovel and probe.
• Do the research & never go alone. All group members need a clear idea of the route, distance, time, terrain, hazards and current conditions. Plans must be flexible and continually re-assessed with open group communication. Be prepared to turn back due to weather changes, fatigue, hazards and running out of time.
• Bring the avalanche rescue basics. Bring a beacon, shovel and probe and know how to use them by doing an Avalanche Skills Training course.
• Know your emergency plan. Have emergency communication equipment like a satellite phone and Personal Locator Beacon (available to hire from NPWS), know local emergency numbers, and download the Emergency Plus app. Complete a NSW National Parks and Wildlife Services Trip Intention Form and leave your trip plan with family/friends.
• Leave no trace. Take rubbish and human waste home with you. No open or wood fires permitted in alpine areas outside hut fireplaces. Avoid wet, boggy areas and exposed flora on ridgelines.
• Dial it back and space it out. Ski/ride to avoid falls and give other backcountry users space. Don’t snake another group’s line or drop in above. Stick to established skin tracks, snow shoe and boot packing lines should move to the side of the track.
• Respect any park closures and camping restrictions. Check camping restrictions for alpine areas i.e. lake catchments, resort drinking water catchments, within 30m of rivers and streams, and within 200m of lifts, walkways and structures.

 PUBLICITY RELEASE

You consent and authorise us to use any and all audio, audio visual, and/or photographic recording of you/ your Child relating to Thredbo Backcountry Tours (unless otherwise specified). If you do not consent to the use of audio, audio visual, and/or photographic recording of you / your Child, please contact guestservices_thredbo@evt.com

THREDBO DRONE POLICY:

To maximise safety for staff, customers, property and equipment, we prohibit the unauthorised operation or use of any remotely piloted aircraft or any form of aerial drones (whether by recreational or commercial users) within the Resort area without our approval.

FORCE MAJEURE:

To the extent permitted by law, and subject to Thredbo’s Cancellation Policy, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms and Conditions, for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These reasons or causes include any act of God, strike, lockout or other industrial disturbance or labour difficulty, act of public enemy, war (whether declared or not), blockade, revolution, riot, insurrection, civil commotion, pandemic, epidemic, outbreaks of infectious disease or any other public health crisis or any governmental orders or measures imposed to address such public health crisis, including quarantine or any other social restrictions, lightning, storm, flood, fire, earthquake or any other natural disaster or extreme weather condition, explosion, any action, inaction, demand, order, restraint, restriction, change in law, requirement, prevention, frustration or hindrance by or of any person, government or competent authority, embargoes, unavailability of any essential equipment, chemicals or other materials, unavoidable accident, lack of transportation and any other cause whether specifically referred to above or otherwise which is not within our reasonable control.

PRIVACY POLICY

We collect, store and use the personal information which you provide to us in accordance with our Privacy Policy available at https://www.thredbo.com.au/privacy-policy/

IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS WE MAY REQUIRE YOU TO FORFEIT YOUR BACKCOUNTRY TOUR, IN WHICH CASE YOU WILL LOSE ALL PRIVILEGES ASSOCIATED WITH YOUR BACKCOUNTRY TOUR.