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Conditions for Snowsports Seasonal Programs 2022

Last Updated 24 February 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 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 seasonal program product 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 skiing or snowboarding) 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.

This product:

  1. Entitles the participant to access Thredbo Snowsports School lessons for the duration of the period specified to you or selected by you on purchase of the Snowsport Lesson product;
  2. Remains the property of Kosciuszko Thredbo Pty Ltd (‘KT’) at all times and must not be resold, transferred or altered in any way – and a breach of this condition will result in the confiscation of the participants pass and cancellation of the snowsports lesson;
  3. Will not be refunded if any facilities are not operating for any reason or if any portion of the lesson or program is unused;
  4. Will not be refunded or transferred for failure to arrive at the selected lesson start time prior to lesson departure;
  5. Expired and unused lessons are non-refundable and cannot be transferred to another date, person or season;
  6. Does not entitle you to provide or receive ski or snowboard instruction except where provided by KT, its employees or agents;
  7. May be cancelled at any time KT considers appropriate to protect its staff, customers, property and equipment, or if KT considers that the participant’s actions or behaviour are disrupting or negatively impacting the Thredbo Snow Sports Lessons. Where you are the parent or guardian of a child participant you must collect your child within 15 minutes of notification of cancellation; and
  8. The participant must have valid lift access assigned for the duration of the lesson or program.

Medical release from parents and guardians of child participants:

  1. I authorise KT and its employees and agents to arrange for medical attention of my child or to transfer my child to the Thredbo Medical Centre or to a hospital if, in the opinion of that person, medical attention is needed or is likely to be needed for my child. I am aware that the practice of medicine in a surgery is not an exact science and I acknowledge that no guarantees have been made to me as to the result of treatment or examination at the Thredbo Medical Centre.
  2. I agree that on transporting my child to any hospital or medical facility KT shall have no further responsibility, for, or in respect of, my child.
  3. I agree to pay all costs associated with such medical care or attention and for related transportation for my child and I agree to indemnify and to keep indemnified KT for and in respect of any such costs incurred.
  4. I further authorise KT and its employees and agents to render any necessary or emergency medical care or attention to my child if considered necessary by a medical practitioner employed at the Thredbo Medical Centre.

THREDBO SEASONAL PROGRAM PROTECTION

  1. Thredbo 2022 Seasonal Program Protection (‘Refund Protection’) is subject to the terms and conditions below which are to be read in conjunction will all other notices and signs that we may from time to time publish or display relating to Refund Protection.
    a) Any person who buys a 2022 Thredbo Seasonal Program from us for the 2022 winter season is covered by Refund Protection.
    b) Refund Protection only applies to a Thredbo Seasonal Program purchased for the 2022 winter season.
    c) Refund Protection only provides for a refund due to season ending Injury, Medical Circumstance, Relocation or government mandated resort closure due to Covid-19 over 30 or more consecutive days in accordance with these terms and conditions and not for any other reason.
    d) Refund Protection is NOT transferable and cannot be re-sold or exchanged to another person or transferred to another year.
    e) Where MyMoney obtained via either an On Mountain Injury Credit or Pre Arrival Injury Credit is used as payment for the 2022 Thredbo Seasonal Program the MyMoney amount will not be refunded in accordance with the terms and conditions relating to an On Mountain Injury Credit and Pre Arrival Injury Credit. Any MyMoney Credit minus the Refund Protection Amount per paragraph 1 i. below will be credited to the guest’s profile as a MyMoney Credit.
    f) The maximum refund amount of Refund Protection shall not exceed the full purchase price for the 2022 Thredbo Seasonal Program.
    g) With respect to an Injury or Medical Circumstance affecting the 2022 Thredbo Seasonal program participant, a Doctor must in a medical certificate recommend that due to the severity of the Injury or Medical Circumstance, it is Medically Necessary that the 2022 Thredbo Seasonal program participant not ski or snowboard for the remainder of the 2022 winter season. A copy of the Doctor’s medical certificate must be provided to us.
    h) The 2022 Thredbo Seasonal program participant must apply to us for a refund (refer to paragraph 1 p. below for contact details) as soon as is reasonably practical after the occurrence of the Injury or the onset of the Medical Circumstance or Relocation.
    i) The Refund Protection amount will be:
    i. Calculated on a pro Rata basis, based off the purchase price minus the daily rate of the days participated in the Thredbo Snow Sports Seasonal Program.
    ii. No refund will be issued for part day attendance, irrespective of what time the injury occurred.
    iii. Refund will not exceed the purchase price
    j) 2022 Thredbo Seasonal Program will not be reinstated once a refund has been provided.k) Refund Protection coverage is not payable in any circumstances resulting in whole or in part from:
    1. The 2022 Seasonal Program participant engaging in or attempting to engage in unlawful conduct;
    2. Business interruption to or closure of all or part of the Resort due to circumstances beyond our control including relating to any Safety Measures (subject to paragraph l. below);
    3. Elective or cosmetic surgery;
    4. Injury or Medical Circumstance arising from alcohol or drug abuse;
    5. Violation of any of these Terms and Conditions;
    6. Violation of “The Alpine Responsibility Code”; or
    7. Lack of snow.
    l) Refund Protection does not exclude and is in addition to any refund rights you have under the Australian Consumer Law or under our COVID-19 Cancellation Policy.
    m) Refund Protection will begin at the time of purchase of the 2022 Thredbo Seasonal Program.
    n) Refund Protection coverage ends at;
    1. 11:59:59 p.m. on Monday 3 October 2022; or
    2. The date when a refund made in accordance with these terms and conditions is finally processed.
    o)Definitions;
    1. 2022 Winter Season – means the period starting on 11 June 2022 and ending on 3 October 2022.
    2. Days Scanned – means a minimum of one (1) access scan per day during the 2022 Winter season
    3. Doctor – means an independent licensed medical practitioner within the scope of his or her license who is not the Seasonal program participant and who is not a person who is related to the Seasonal program participant by blood, marriage or defacto living arrangement.
    4. Season Ending – means the Injury, Medical Circumstance or Relocation prohibits the 2022 Seasonal program participantform skiing or snowboarding for the remainder of the 2022 winter season.
    5. Injury – means physical injury which is sustained as a direct result of an unintended, unanticipated accident that occurs while the 2022 Thredbo Seasonal program participant’s coverage under Refund Protection is in force. Injury will also include circumstances where an Injury occurs to a dependent person where the 2022 Thredbo Seasonal program participant must provide primary care for that dependent person.
    6. Medical Circumstance means an illness or disease that requires treatment by a Doctor, or pregnancy or a relocation which is Medically Necessary.
    7. Medically Necessary – means the Doctor’s recommendation is consistent with the symptoms, diagnosis and treatment of the 2022 Thredbo Seasonal program participant’s condition; is appropriate with regard to standards of good medical practice; and is not primarily for the convenience of the 2022 Thredbo Seasonal program participant.
    8. Relocation means verifiable, international relocation of the 2022 Thredbo Seasonal program participant. It is the responsibility of the program participant or guardian making the application to substantiate the Relocation to our reasonable satisfaction.
    9. Covid-19 Resort Closure – means government mandated closure of Thredbo Resort due to Covid-19 of 30 or more consecutive days.
    10.2022 Thredbo Seasonal Program means a snowsports seasonal program for the 2022 Thredbo Seasonal Program purchased by or in the name of an individual, from us or through an authorised reseller.
    11. Skiing/Ski – means alpine skiing, telemark skiing or snowboarding.
    p) Refund requests may be made in person or email to us as follows.
    1. If in person, the refund request must be made at a Thredbo Guest Services Office. Office hours are generally 8:00 a.m. through 5:00 p.m. daily during the winter season.
    2. By email to: guestservices_thredbo@evt.com
    3. Refund requests made after 9 October 2022 will not be accepted.
    q) All refund requests will be assessed by us with regard to the fair and reasonable application of these terms and conditions, however all decisions made by us will be final and binding and no correspondence will be entered into. The seasonal program participant must provide such further information or supporting documentation as we may deem necessary to assess a refund request.
  2. We collect, store, handle and use your personal information in accordance with our Privacy Policy available at:  www.thredbo.com.au/privacy-policy/
  3. These Terms and Conditions (in conjunction with any other notice or sign that we may from time to time publish or display relating to Refund Protection) comprise the entire agreement between you and us in relation to its subject matter and supersede any prior agreement or understanding on anything connected with its subject matter.
  4. These Terms and Conditions are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

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

  1. 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.
  2. If you wish to take lessons, do so only from our trained staff, who are qualified to do so.
  3. Use appropriate protective equipment to minimise the risk of injury.
  4. Before using any lift you must have the knowledge and ability to load, ride and unload safely and always use the restraining devices.
  5. Observe and obey all signs and warnings. Keep off closed trails or runs.
  6. Give way to people below and beside you on the hill. It is your responsibility to avoid them.
  7. 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.
  8. Always ensure your equipment is in good condition and use suitable restraining devices to avoid runaway skiing/boarding equipment.
  9. Do not ski, board, ride a lift or undertake any other alpine activity if your ability is impaired by drugs or alcohol.
  10. 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.

PUBLICITY RELEASE

I hereby unconditionally consent and authorise KT to use any and all audio, audio visual, and/or photographic recording of me / my Child relating to Snowsports Lesson programs (unless otherwise specified by the parent/guardian).

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 SEASON LIFT AND RESORT ACCESS, IN WHICH CASE YOU WILL LOSE ALL PRIVILEGES ASSOCIATED WITH YOUR SEASONAL PROGRAM.

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