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Conditions for Winter Equipment Rental

Last Updated 1 March 2022

Risk Warning

RECREATIONAL ACTIVITIES (INCLUDING SKIING, SNOWBOARDING, USING LIFTS AND TO A LESSER DEGREE HIKING) 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.

Terms and Conditions of Rental

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

By renting equipment 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 our COVID-19 Safety Policy and (for snow sports) the Alpine 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 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) are not permitted within the Resort boundary. Tobogganing and general snow-play is 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, and you acknowledge that except to the extent that the law provides that liability cannot be excluded, we are not liable for breach of any warranty that services we provide will be rendered with reasonable care and skill.
  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. We make no warranties in relation to the services to be provided. 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) are to the maximum extent permitted by law expressly excluded and you acknowledge that our liability under any statutory right or any condition or warranty implied by the Competition and Consumer Act 2010 (Cth) which cannot be excluded, is limited at our option to the resupply of the services or the payment of the cost of having the services supplied again.
  6. Except to the extent that the law, including the Competition and Consumer Act 2010 (Cth) provides that liability cannot be excluded, you acknowledge that we are not liable to you for any Personal Injury or death, which includes loss, damage, injury to you or any persons and any incidental, indirect, special, consequential or economic loss or damage to you or any persons (including loss of opportunities, exemplary or punitive damages) whether arising from default, negligence, misconduct or otherwise by us, our employees or our agents and you indemnify us against all such claims.
  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

Equipment Rental Conditions:

  1. I acknowledge that:
    a) 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;
    b) 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;
    c) 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;
    d) 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;
    e) 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;
    f) Rental equipment is non-refundable.
    g) Rental equipment is non-transferrable to another date, person or season. Except where Thredbo Flexibility Insurance has been purchased
    h) no refund or part thereof will be given for early return of goods.
  2. I agree:
    a) To 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;
    b) That if I have opted not to take out KT rental damage insurance and agree that KT will charge me up to the following amounts for any damage to these items that require replacement or major repair:
    i. Ski Poles replacement due to bend or breakage – $25
    ii. Ski or Snowboard major base repair – $80
    iii. Child Ski or Snowboard boot unrepairable damage or breakage – $100
    iv. Backcountry Skins unrepairable damage or breakage – $150
    v. Backcountry Touring Bindings unrepairable damage or breakage – $200
    vi. Adult Ski or Snowboard boot unrepairable damage or breakage – $200
    vii. Sport Ski or Snowboard unrepairable damage or breakage – $300
    viii. Premium Ski or Snowboard unrepairable damage or breakage – $600
    ix. Backcountry Ski/Board – $800
    c) That in the event of having equipment rented lost or stolen to pay the applicable charges below
    i. Ski Poles – $25
    ii. Sport Ski or Snowboard – $300
    iii. Premium Ski or Snowboard – $600
    iv. Adult Ski or Snowboard boot – $200
    v. Child Ski or Snowboard boot – $100
    vi. Backcountry Ski/Board – $800
    vii. Backcountry Skins – $150
    viii. Backcountry Poles – $80
    ix. Snowshoes – $150
    x. Clothing Jacket – $150
    xi. Clothing Pants – $100
    xii. Snowshoes – $150
    xiii. Helmet – $50
    d) 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
    e) 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. Applicable charges below:
    i. Sport Ski or Snowboard – $70 2 to 5 Day Rental or $25 6+ Day Rental
    ii. Premium Ski or Snowboard – $80 2 to 5 Day Rental or $40 6+ Day Rental
    iii. Backcountry Ski/Board $80
    iv. Ski or Snowboard boot – $25 2 to 5 Day Rental or $15 6+ Day Rental
    v. Ski Poles – $15 2 to 5 Day Rental or $10 6+ Day Rental
    vi. Snowshoes $30 2 to 5 Day Rental or $15 6+ Day Rental
    vii. Helmet – $25 2 to 5 Day Rental or $15 6+ Day Rental
    viii. Clothing $40 2 to 5 Day Rental or $20 6+ Day Rental
    f) Does not entitle you to provide or receive ski or snowboard instruction. Any such instruction may only be provided by our staff and is to be purchased and arranged separately.
    g) That my equipment rental may be cancelled by us at any time:
    i. if you fail to adhere to these Terms and Conditions of Use, which include the COVID-19 Safety Policy; 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.
    h) That any breach of these conditions may also invoke police action. Where we have reason to believe that a season 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.

I acknowledge by agreeing to these terms and conditions, that the credit card used in this transaction will be charged for any damages, overdue charges or replacement costs for lost or stolen equipment. I further understand that there are no refunds for early equipment returns.

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.

COVID-19 SAFETY POLICY:

Please refer to www.thredbo.com.au/about-thredbo/covid-19-update for the most up to date information.

ALPINE RESPONSIBILITY CODE

  • Know your ability and always stay in control and be able to stop and avoid other people or objects. It is your responsibility to stay in control on the ground and in the air.
  • If you wish to take lessons, do so only from our trained staff, who are qualified to do so.
  • Use appropriate protective equipment to minimise the risk of injury.
  • Before using any lift you must have the knowledge and ability to load, ride and unload safely and always use the restraining devices.
  • Observe and obey all signs and warnings. Keep off closed trails or runs.
  • Give way to people below and beside you on the hill. It is your responsibility to avoid them.
  • Do not stop where you are not clearly visible from above. Look uphill and give way to others when entering/exiting a trail or starting downhill.
  • Always ensure your equipment is in good condition and use suitable restraining devices to avoid runaway skiing/boarding equipment.
  • Do not ski, board, ride a lift or undertake any other alpine activity if your ability is impaired by drugs or alcohol.
  • If you are involved in, or witness an accident or collision, alert Ski Patrol, remain at the scene and identify yourself to the Ski Patrol.
  • Skiers/snowboarders must observe the Alpine Responsibility Code and ski/ride in a safe manner at all times. Failure to do so may result in forfeiture of skiing/snowboarding privileges.

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.

PRIVACY POLICY

KT collects the personal information requested on this form 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 Village NSW 2625.

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.

I HAVE READ THE TERMS AND CONDITIONS AND VOLUNTARILY AGREE TO THE SAME.

 

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