Conditions for MTB Lift and Resort Access 2023/24

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’).

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 Mountain Bike Responsibility Code and the Hiking Responsibility Code (both as set out below, and as 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 mountain sport equipment or devices, whether recreational or otherwise, other than mountain bikes when permitted, or other equipment we approve in our discretion, is 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:
   1. death;
   2. any physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury);
   3. the contraction, aggravation or acceleration of a disease of an individual; and
   4. 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:
      1. that is or may be harmful or disadvantageous to an individual or community; or
      2. 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.

Your lift pass:

1. Your lift pass:
   1. Your lift pass:
      1. Is valid only for the period of usage specified to or selected by you when purchased.
      2. Must only be used by you and only on dates for which it has been validly purchased.
      3. Remains our property at all times and:
         1. must not be resold or altered in any way; and
         2. is valid for use by the assigned pass holder only and cannot be transferred to any other person.
         3. 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.
      4. 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.
      5. Subject to any refund rights you have under the Australian Consumer Law, will not be refunded in whole or part if:
         1. you do not comply with these Terms and Conditions and your lift pass is cancelled as a result;
         2. 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
         3. any portion of the pass is unused.
      6. Does not entitle you to provide or receive mountain biking instruction. Any such instruction may only be provided by our staff and is to be purchased and arranged separately.
      7. May be cancelled by us at any time:
         1. if you fail to adhere to these Terms and Conditions of Use, the Mountain Bike Responsibility Code and the Hiking Responsibility Code;
         2. 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;
         3. if you have engaged or attempted to engage in any unlawful conduct; or
         4. 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 re-activate your pass.

Where the MTB Adventure Pass is purchased: 

In addition to the lift pass conditions of use above, the following applies:

1. Bobsled Conditions of Use:
   1. MTB Adventure Pass includes 1 x Bobsled Ride per day purchased.
   2. The Alpine Bobsled is a dry weather activity.
   3. To ride the Alpine Bobsled on your own you must be 9 years of age or older and over 130cms tall. Riders under 9 must double up with a responsible adult.
   4. The pass holder agrees to:
      1. Remain seated at all times, even if the lift stops.
      2. maintain a distance of 20m between sleds. In the case of a collision the last car is always considered responsible.
      3. keep both hands on the control stick. Please never touch the track.
      4. brake and stop at the end of the track.
      5. follow staff direction at all times.
2. Leisure Centre Conditions of Use:
   1. MTB Adventure Pass includes 1 day Leisure Centre Access per day purchased.
      1. Bookings for Squash Court hire essential. To book please contact the Thredbo Leisure Centre by phone (02) 6459 4138 or by email leisurecentre@evt.com
   2. You must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Leisure Centre’s facilities and services until you have sought appropriate medical guidance and been given the go-ahead. You must not use the Leisure Centre’s facilities and services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others.
   3. All Pool Hall, Sports Hall, Trampoline, Gym and squash court conditions of entry displayed at the entry point of each area within the Leisure Centre are to be respected at all times.
   4. Entry is not transferable and non-refundable.
   5. Management reserves the right to cancel, relocate or temporarily close Leisure Centre facilities in order to carry out periodical maintenance.
   6. Access and use of Leisure Centre facilities is subject to availability.
   7. Access can be cancelled if a member engages in discourteous or hazardous conduct or breaches these conditions.
   8. You must read all signs and follow all directions given by us, our employees or our agents.
   9. In the event of a dispute over customer benefits (including entitlements to participate in any class or session) the Leisure Centre management’s decision is final and binding.
   10. Where season or single session access is pre-purchased, a valid pass must be presented on entry, otherwise a casual fee may be charged if a pass is not presented.
   11. The Leisure Centre has CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm.
   12. Management reserves the right to refuse entry or remove any person who:
       1. Fails to comply with any of the conditions of entry to the Leisure Centre;
       2. Acts in a dangerous or discourteous manner;
       3. Is under the influence of alcohol or drugs.
3. Golf and Tennis Court Conditions:
   1. Golf:
      1. MTB Adventure Pass includes 1 round of golf per day included for the selected date and duration.
      2. Tee times are not required.
      3. Golf club rental is not included. Golf clubs can be rented separately online or at Guest Services Valley Terminal.
   2. Tennis Bookings:
      1. MTB Adventure Pass includes 1 hour of tennis per day included for the selected date and duration.
      2. Court bookings can be made as follows:
         1. By email: guestservices_thredbo@evt.com 
         2. By phone: 1300 020 589. Customer Support office hours are generally 8.30am to .30pm during the summer season.
         3. If in person, at Thredbo Guest Services Valley Terminal. Office hours are generally 8.30am through 4.30pm daily during the summer season.
      3. Tennis racquet rental is not included. Tennis racquets and balls can be rented separately online or at Guest services Valley Terminal.
      4. Please ensure that the court is vacated at the required times to ensure other bookings are not impacted.
   3. I acknowledge that
      1. Proof of purchase must be carried at all times.

MyThredbo Cards:

1. A MyThredbo Card is required for all Thredbo lift, lesson and rental products.
2. If your MyThredbo Card:
   1. 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
   2. 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 in our discretion 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.
   1. To update your photo please go to shop.thredbo.com.au
   2. Sign in and select My Account.
   3. 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 when the request is made up to 4.30pm two days prior to the selected product start date:
   1. Your product can be amended upon payment of the required fee. The amendment fee is $20.00 per transactional change.
   2. 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.
   3. Change requests made inside 4.30pm two days prior to the selected product start date are not accepted.
   4. Product amendment requests may be made via phone or email as follows:
      1. By email: guestservices_thredbo@evt.com
      2. By phone: 1300 020 589. Customer Support office hours are generally 8.30am to 4.30pm during the summer season.
2. Change of person is not available on Thredbo Lift Passes.

SEVERE WEATHER POLICY:

Please refer to our Severe Weather Policy.

THREDBO CANCELLATION POLICY:

Please refer to our Cancellation Policy.

MOUNTAIN BIKE RESPONSIBILITY CODE:

Please refer to our Mountain Bike Responsibility Code.

E-BIKE POLICY

Thredbo Resort welcomes riders to use E- Bikes on designated trails within the Thredbo Mountain Bike Park, which includes our Gravity Trails accessed via the chairlift with a valid pass as well as our various Cross-Country Trails on the Valley floor and lower mountain. To ensure the safety of other riders the following restrictions will apply:

• E-Bikes are allowed to access our gravity trails via the chairlift only for use in one direction from top to bottom on designated trails.
• Due to inherent risk of interaction with plant, machinery or vehicles uphill biking is not permitted in Thredbo outside of designated village trails. Uphill biking is not permitted on Downhill trails or mountain roads at any time.
• E-Bikes and all other mountain bikes are strictly not permitted on resort mountain access roads.
• E-Bikes can only be pedal assist (which means no twisting throttle).
• E-Bikes must be no more than 30kg in weight, riders must be able to load them onto chairlifts unaided.

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 STATEMENT
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 LIFT AND RESORT ACCESS, IN WHICH CASE YOU WILL LOSE ALL PRIVILEGES ASSOCIATED WITH YOUR LIFT PASS.