Conditions for Summer Season Scenic Lift and Resort Access - 20223/24 Hiking Season Pass

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 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 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:
   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.

PRODUCT INCLUSIONS
Hiking Season Lift Pass Includes:

1. 1. Thredbo season scenic lift access
      valid from Wednesday 15 November 2023 to Friday 7 June 2024.
   2. 6 x 1 Day Bring a Friend Vouchers providing a 20% discount off the Thredbo in-resort rate on a 1 day scenic lift pass or 1 day scenic adventure pass.
      a. Thredbo Bring a Friend vouchers can only be redeemed online via shop.thredbo.com.au
      b. Access Bring a Friend vouchers via the My Account section of the Thredbo Online Shop.
      c. Redeemed Bring a Friend vouchers cannot be reinstated for any reason
      d. Unused Bring a Friend vouchers cannot be transferred to another season.
      e. Bring a Friend Vouchers excluded on the 80 Years & Over Mountain Biking Season Lift Pass.
   3. Thredbo Leisure Centre Access valid from date of purchase to Friday 7 June 2024.
      a. Pool, Gym, Sports Hall, Squash, Bouldering Wall included. Bookings required for squash court.
      b. Member rates available for fitness classes.
      c. Excludes Inflatables, towel hire or squash racquet hire.
      d. Conditions of entry and throughout the Thredbo Leisure Centre can be found here.
   4. Bobsled Rides – limited to 20 rides per pass holder.
      a. Valid for use from Wednesday 15 November 2023 to Sunday 28 April 2024.
      b. When all rides are used, the pass holder can purchase additional rides online or at Valley Terminal Guest Services.
      c. The Alpine Bobsled is a dry weather activity.
      d. 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.
      e. The pass holder agrees to:
      i. Remain seated at all times, even if the lift stops.
      ii. maintain a distance of 20m between sleds. In the case of a collision the last car is always considered responsible.
      iii. keep both hands on the control stick. Please never touch the track.
      iv. brake and stop at the end of the track.
      v. follow staff direction at all times.
   5. Golf Course Access
      a. Valid for 1 round of golf per day from date of purchase to Friday 7 June 2024.
      b. Weather dependent.
      c. Tee times are not required.
      d. Golf club rental is not included. Golf clubs can be rented separately online or at Guest Services Valley Terminal.
      e. Proof of purchase to be carried at all times.
   6. Tennis Court Access
      a. Valid for 1 hour of tennis per day from date of purchase to Friday 7 June 2024.
      b. Weather dependent.
      c. Court bookings can be made as follows:
      i. By email: guestservices_thredbo@evt.com
      ii. By phone: 1300 020 589. Customer Support office hours are generally 8.30am to 4.30pm during the summer season
      iii. If in person, at Thredbo Guest Services Valley Terminal. Office hours are generally 8.30am through 4.30pm daily during the summer season.
      d. Tennis racquet rental is not included. Tennis racquets and balls can be rented separately online or at Guest services Valley Terminal.
      e. Please ensure that the court is vacated at the required times to ensure other bookings are not impacted.
      f. Proof of purchase to be carried at all times.
   7. Complimentary Thredbo Season Pass Protection.
      a. Valid for season ending:
      i. Injury or medical circumstance
      ii. Relocation
      b. Where Thredbo Season Pass Protection has been claimed – all inclusions and benefits associated are void.
   8. Guaranteed access to a 2024 Winter Season Pass:
      a. As a 2023/24 MTB Season Pass holder, you are guaranteed access to purchase a 2024 Winter Season Pass when released in early 2024.

Your Season lift pass:

1. Your lift pass:
   a. Is valid only for the period of usage specified to or selected by you when purchased.
   b. Must only be used by you and only on dates for which it has been validly purchased.
   c. Remains our property at all times and:
   i. must not be resold or altered in any way; and
   ii. is valid for use by the assigned pass holder only and cannot be transferred to any other person.
   iii. 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.
   d. 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.
   e. Subject to any refund rights you have under the Australian Consumer Law, will not be refunded in whole or part if:
   i. you do not comply with these Terms and Conditions and your lift pass is cancelled as a result;
   ii. 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
   iii. any portion of the pass is unused.
   f. May be cancelled by us at any time:
   i. if you fail to adhere to these Terms and Conditions of Use and the Hiking Responsibility Code
   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;
   iii. if you have engaged or attempted to engage in any unlawful conduct; or
   iv. 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.

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 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.
   a. To update your photo please go to shop.thredbo.com.au
   b. Sign in and select My Account.
   c. Updating your photo will remove the suspension on your pre-purchased product/s.

THREDBO SEASON PASS PROTECTION:

1. Thredbo 2023/24 Summer Season Pass 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 2023/24 Thredbo Summer Season Pass from us for the 2023/24 summer season is covered by Refund Protection.
   b. Refund Protection only applies to a Thredbo Season Pass purchased for the 2023/24 summer 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 2023/24 Thredbo Summer Season Pass 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 2023/24 Thredbo Summer Season Pass.
   g. With respect to an Injury or Medical Circumstance affecting the 2023/24 Thredbo Summer Season Pass holder, 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 2023/24 Thredbo Summer Season Pass Holder not hike or mountain bike for the remainder of the 2023/24 summer season. A copy of the Doctor’s medical certificate must be provided to us.
   h. The 2023/24 Thredbo Season Pass holder 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 is calculated off the number of days scanned on the 2023/24 Thredbo Season Pass purchased:
   i. Zero Days Scanned – 100 percent
   ii. 1 Day Scanned – 90 percent
   iii. 2 Days Scanned – 80 percent
   iv. 3 Days Scanned – 70 percent
   v. 4 Days Scanned – 60 percent
   vi. 5 Days Scanned – 50 percent
   vii. 6 Days Scanned – 40 percent
   viii. 7 Days Scanned – 30 percent
   ix. 8 Days Scanned – 20 percent
   x. 9 Days Scanned – 10 percent
   xi. 10 Days Scanned – No Refund
   j. 2023/24 Thredbo Summer Season Pass will be deactivated and cannot be reactivated for the relevant year once a refund has been provided. Where a refund of a 2023/24 Thredbo Summer Season Pass is made in accordance with these terms and conditions, the 2023/24 Thredbo Summer Season Pass Holder will be considered to remain in the Thredbo Season Pass program and eligible to buy a Thredbo Season Pass in future years.
   k. Refund Protection coverage is not payable in any circumstances resulting in whole or in part from:
   1. The 2023/24 Thredbo Summer Season Pass Holder 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 Hiking Responsibility Code”; or the “Mountain Bike Responsibility Code”;
   l. Refund Protection does not exclude and is in addition to any refund rights you have under the Australian Consumer Law.
   m. Refund Protection will begin at the time of purchase of the 2023/24 Thredbo Summer Season Pass.
   n. Refund Protection coverage ends at;
   1. At 11:59:59 p.m. on Sunday 28 April 2024 or
   2. The date when a refund made in accordance with these terms and conditions is finally processed.
   o. Definitions;
   1. 2023/24 Summer Season – means the period starting on Thursday 19 October 2023 and ending Sunday 28 April 2024.
   2. Days Scanned – means a minimum of one (1) access scan per day during the 2023/24 summer season
   3. Doctor – means an independent licensed medical practitioner within the scope of his or her license who is not the Season Pass Holder and who is not a person who is related to the Season Pass Holder by blood, marriage or defacto living arrangement.
   4. Season Ending – means the Injury, Medical Circumstance or Relocation prohibits the 2023/24 Season Pass Holder from hiking or mountain biking for the remainder of the 2023/24 summer season.
   5. Injury – means physical injury which is sustained as a direct result of an unintended, unanticipated accident that occurs while the 2023/24 Thredbo Summer Season Pass holder’s coverage under Refund Protection is in force. Injury will also include circumstances where an Injury occurs to a dependent person where the 2023/24 Thredbo Summer Season Pass holder 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 2023/24 Thredbo Summer Season Pass holder’s condition; is appropriate with regard to standards of good medical practice; and is not primarily for the convenience of the 2023/24 Thredbo Summer Season Pass holder.
   8. Relocation means verifiable, international relocation of the 2023/24 Thredbo Summer Season Pass holder. It is the responsibility of pass holder making the application to substantiate the Relocation to our reasonable satisfaction.
   9. 2023/24 Thredbo Summer Season Pass means a pass for the 2023/24 summer season purchased by or in the name of an individual, from us or through an authorised reseller.
   10. 2023/24 Thredbo Summer Season Pass Holder means the person assigned to the 2023/24 Thredbo Summer Season Pass.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 8:30 a.m. through 4:30 p.m. daily during the summer season.
   2. By email to: guestservices_thredbo@evt.com
   3. Refund requests made after Monday 29 April 2024 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 pass holder 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.

SEVERE WEATHER POLICY:

Please refer to https://www.thredbo.com.au/terms-conditions/ for terms and conditions in relation to Thredbo’s sever 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.

HIKING RESPONSIBILITY CODE:

Please refer to our Hiking Responsibility Code.

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.