Conditions for Snowsports Lessons

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

By participating in your snowsports lesson 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.

This product:

1. Entitles you 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. Snowsports lessons include:
   a. Private Lessons
   b. Group Lessons
   c. Full Day Programs
   d. Any other snowsports lesson product available for use at Thredbo Resort
3. 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 associated lift access and cancellation of the snowsports lesson.
4. Will not be refunded if any facilities are not operating for any reason or if any portion of the lesson or program is unused;
5. Will not be refunded or transferred for failure to arrive at the selected lesson start time prior to lesson departure;
6. Expired and unused lessons are non-refundable and cannot be transferred to another date, person or season;
7. Does not entitle you to provide or receive ski or snowboard instruction except where provided by KT, its employees or agents;
8. 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 Snowsports Lessons.
9. Where you are the parent or guardian of a child participant you must collect your child within 15 minutes of notification of cancellation; and
10. The participant must have valid lift access assigned for the duration of the lesson or program.

Helmet Requirement

1. Helmets are required for any Thredbo Snowsports lesson participant aged 14 years and under.
2. Helmets are strongly recommended for Thredbo Snowsports lesson participants aged 15 years and over.

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 when 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 Thredbo Snowsports Products.

Medical release from parents and guardians of child participants:

1. You authorise us and its employees and agents to arrange for medical attention of your child or to transfer your 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 your child. You are aware that the practice of medicine in a surgery is not an exact science and youacknowledge that no guarantees have been made to you as to the result of treatment or examination at the Thredbo Medical Centre.
2. You agree that on transporting your child to any hospital or medical facility we will shall have no further responsibility, for, or in respect of, your child.
3. You agree to pay all costs associated with such medical care or attention and for related transportation for your child.
4. You further authorise us and our employees and agents to render any necessary or emergency medical care or attention to your child if considered necessary by a medical practitioner employed at the Thredbo Medical Centre.

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.

ALPINE RESPONSIBILITY CODE

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. 

OBSERVE THE CODE AND SHARE WITH OTHERS THE RESPONSIBILITY FOR A GREAT EXPERIENCE

• 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. You must 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.

If you are found to have acted in a Dangerous Manner or to be in a closed area, your Pass may be suspended or cancelled by us as outlined below:

Season Pass

• First Instance: Season Pass is Suspended for a period of 7 consecutive days.
• Second Instance: Season Pass is Suspended for a period of 30 consecutive days.
• Third Instance: Cancellation of Season Pass. Pass Holder is Suspended from using Thredbo Lifts for the remainder of the winter season.

Date-Based Lift Pass

• First Instance: Cancellation of remaining validity of Date-Based Lift Pass. Pass Holder is Suspended from using and receiving the benefits of the Pass for a period of 7 consecutive days.
• Second Instance: Cancellation of remaining validity of Date-based Lift Pass. Pass Holder is Suspended from using and receiving the benefits of the Pass for a period of 30 consecutive days
• Third Instance: Cancellation of remaining validity of the Date Based Lift Pass. Pass Holder is Suspended from using and receiving the benefits of the Pass for the remainder of the winter season.

Terms used in this Alpine Responsibility Code have the following meanings:

• Cancellation means the applicable Pass assigned to the Pass Holder is cancelled with no refund or transfer of unused days;
• Closed Area means any area that we have restricted access to from time to time;
• Dangerous Manner means a failure to observe and adhere to the Alpine Responsibility Code, as amended by us from time to time;
• Pass means either:
  (a) a Date-Based Lift Pass (being a lift pass for a specified date and duration during the 2024 winter season); or
  (b) a Season Pass (being a lift pass for the whole of the 2024 winter season),
  purchased by or for the Pass Holder;
• Pass Holder means the person using and assigned to the applicable Pass; and
• Suspended means the Pass Holder is unable to use and receive the benefits of a Pass.

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

You consent and authorise us to use any and all audio, audio visual, and/or photographic recording of you/ your Child relating to the Thredbo Alpine Coaster (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

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 SNOWSPORTS LESSON, IN WHICH CASE YOU WILL LOSE ALL PRIVILEGES ASSOCIATED.