Conditions of Rental and Risk Warning
I acknowledge that:
- RECREATIONAL ACTIVITIES (INCLUDING SKIING AND SNOWBOARDING) INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS. ANY SUCH INJURY MAY RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS;
- I have rented the equipment as selected by or requested my me from Kosciuszko Thredbo Pty Limited A.B.N. 95 000 139 015 (“KT”) subject to these Conditions of Rental;
- this Agreement is personal to me and shall not be assigned to any other person and no equipment rented may be lent, sub-rented, transferred or otherwise dealt with in any manner whatsoever;
- I have inspected the equipment carefully before renting and that the equipment rented:
i) has been supplied and adjusted as required by me; and
ii) is in good repair and free of defects;
- if I have rented:
i) a ski-binding-boot system on skis – it may not release at all times or under all conditions where release may prevent injury or death, nor is it possible to predict every situation in which it will release, and it is, therefore, no guarantee of safety; and
ii) snowboard equipment – the snowboard-boot-binding system on snowboard equipment is a NON-RELEASE system and that its use cannot guarantee my safety, nor does its use by me reduce the risk of injury to myself or my property (or death); and
iii) a storage locker – loss or theft of my property may occur due to circumstances beyond KT’s control; and
iv) ski, snowboard or après boots – walking on snow or ice is slippery and care must be exercised at all times; and
v) a helmet – no helmet can protect the user from all foreseeable impacts and its use cannot guarantee my safety;
- all equipment rented and used is at my own risk and that no condition, warranty or representation of safety, suitability or fitness is expressed or implied by KT or by its employees or agents; (g) acknowledge the risk warning set out in bold and capitals above and that the warning constitutes a risk warning pursuant to the Civil Liability Act, 2002 and I agree that I assume all risks in connection with my use of the equipment and acknowledge that KT is not liable for the breach of any express or implied warranty that the services it provides in relation to the equipment will be provided with reasonable care and skill; Where that liability cannot be excluded, Thredbo will limit its liability to the maximum extent permitted by law.
- without limitation to paragraph (f) above, subject to any non-excludable statutory provisions, KT is not liable for any injury, loss, delay, inconvenience or damage of any kind whether due to accident, breakdown, defect, and whether to person or property and whether arising from default, negligence, misconduct or otherwise by us, our employees or our agents and to the fullest extent permitted by law all conditions, warranties and representations to the contrary are excluded;
- without limitation to paragraphs (f) and (g) above, KT’s liability under any statutory right or any condition or warranty implied by the Competition and Consumer Act 2010 (Cth) which cannot lawfully be excluded is, to the extent permitted by law, limited at the option of KT to the resupply of the goods or the payment of the cost of the resupply of the goods;
- Rental equipment is non-refundable.
- Rental equipment is non-transferrable to another date, person or season. Except where Thredbo Flexibility Insurance has been purchased
- no refund or part thereof will be given for early return of goods.
- I agree to:
i) compensate KT for its loss (up to the full reinstatement value of the equipment) if I do not return the rented equipment (whether due to loss, theft or any other reason) or if the equipment suffers abnormal damage during the period of rental, whether such damaged occurred while it was in my possession or not;Replacement Costs are as follows:
- Sport Range Ski or Snowboard: $200
- Premium Range Ski or Snowboard: $400
- Demo Range Ski or Snowboard: $500
- Backcountry Touring Range: $600
- Ski or Snowboard Boots: $150
- Clothing (per Jacket or pant): $50
- Helmet $50
- Poles $20
ii) fully indemnify and keep indemnified KT, its employees and agents from and against all claims, losses, expenses or damages which arise in any way in connection with the rented equipment, including loss, damage or injury to any other person (or their death); and
iii) pay on a daily rental rate for all goods and equipment which I do not return on or before the last day of the renting period.
PRIVACY STATEMENT: KT collects the personal information requested on this Rental Agreement to enable the efficient provision of the goods and/or services that are requested or required by its customers and to facilitate the administrative functions associated with the provision of the goods and/or services. It is possible for you to gain access to this personal information held by KT by writing to the Privacy Officer, Kosciuszko Thredbo Pty Ltd, PO Box 80, Thredbo NSW 2625. Occasionally we would like to send you information on Thredbo products and promotions.
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