CONDITIONS OF SUPPLY AND SALE
The following conditions of
supply and sale (‘Conditions of Sale’)
apply to and bind the purchaser and user of a Falls Creek Hotham Snow Pass
Media Card or a Snow Pass Media Product from Falls Creek Ski Lifts Pty Ltd (‘FCSL’) (ABN 46 004 843 761)
or from Mount Hotham Skiing Company Pty Ltd
(ABN 60 004 294 697) (‘MHSC’)
(collectively called ‘the Suppliers’)
whether the purchaser purchases the Snow Pass Media Card or the Snow Pass Media
Product via the FCSL Website or the MHSC Website (collectively called ‘Website’) or by telephone, postal order
or by visiting the Supplier’s Offices.
1.1 ‘Holder’ means the person to whom a Snow
Pass Media Card and a Snow Pass Media Product has been issued and includes the user
and purchaser of a Snow Pass Media Card and of a Snow Pass Media Product.
1.2 ‘Ski Lifts’ means such chair lifts,
t-bars, poma lifts, moving carpet and tow ropes as may be operated by the
Suppliers at their respective resorts during the Snow Season.
1.3 ‘Snow Pass Media Product’ means any
products sold and supplied by the Suppliers that provide the purchaser or user
with access to and use of ski and snowboard slopes in the Falls Creek and Mount
Hotham Alpine Resorts, Ski Lifts, ski and snowboard lessons, ski and snowboard
rental products, tobogganing and snowtubing on a daily, or multiday basis or
for the Snow Season and for the purchase of ski and snowboard clothing and equipment.
1.4 ‘Snow Season’ means the period in each
calendar year during which the Suppliers operate the Ski Lifts at their
1.5 ‘Season Pass’ and ‘Hero Pass’ means a
Snow Pass Media Product that provides the Holder with access to Ski Lifts for
the duration of the Snow Season.
1.6 ‘Supplier’s Offices’ means the
Supplier’s offices located at the Falls Creek Alpine Resort, the Mount Hotham
Alpine Resort, or at any other location from time to time.
1.7 ‘You’, ‘Your” wherever appearing in these Conditions of Sale
means any person using the Website for the purchase of a Snow Pass Media Card
or a Snow Pass Media Product and includes a Holder.
ABOUT THESE CONDITIONS OF SALE
read these Conditions of Sale carefully before using the Website. By using the
Website to purchase a Snow Pass Media
Product, you are agreeing to be bound by these Conditions of Sale. If you
choose not to be bound by these Conditions of Sale, the Suppliers will not
grant you the right to so use the Website and the Suppliers will not sell or
supply you with any of their products.
Conditions of Sale include and must be read in conjunction with the Suppliers'
agree and authorise the Suppliers and their agents to do each of the following:
your personal information provided by you on the Website;
your personal information for administering and operating the Website and for
marketing purposes such as planning, researching, promoting and/or marketing
any goods and/or services of the Suppliers and/or a third party by email, mail
or telephone; and
and/or transfer the personal information to related bodies corporate, officers,
employees and agents of the Suppliers.
Suppliers will only collect the personal information which is required for the
functions and/or activities of Snow Pass Media Cards or Snow Pass Media
Products. Your personal information will not be disclosed to any overseas
Suppliers will offer you opportunities to OPT-OUT of receiving all
communications (or selected communications) from them. If you elect to opt out,
the Suppliers will ensure your details are excluded from all internal marketing
lists and future promotions. However, if you do take advantage of any offer
from a third party organisation, they may send further offers to you directly.
more information regarding the kind of personal information the Suppliers
collect, how they collect your information, the purposes for which the
information is collected and how you can complain about any Australia Privacy Principle
can access, update, delete or correct any personal information relating to you
held in the Suppliers’ database by contacting their privacy officer at
firstname.lastname@example.org or email@example.com.
administering the Snow Pass Media Cards and Snow Pass Media Products, the
Suppliers will collect certain personal information of the Holder. This
information will be collected and used strictly in accordance with the
Suppliers collect personal information required on the Website for the primary
purpose of providing you with the products or services you are seeking and
accordingly, if the personal information you provide is incomplete and/or
inaccurate, the Suppliers may be unable to provide you with those products or
all personal information is stored on secure databases and will only be
accessed by the Suppliers’ employees that have a need to use the information in
the normal course of their duties. For more information, please visit the
information about a Snow Pass Media Card Holder and transaction records are
available by contacting the privacy officer at firstname.lastname@example.org or
email@example.com. Your personal information will be disclosed to you on
request and with presentation of proper identification.
USE OF WEBSITE
Website is provided by the Suppliers. The material and information on the
Website is provided in good faith by the Suppliers. While the Suppliers take
all reasonable care to ensure that the content is correct, they cannot
guarantee that all the material is always true, accurate and free from errors.
Accordingly, you must use this Website at your own risk and accept that the
material and information on the website may contain errors and omissions and
that it is not intended as advice and must not be relied upon as such.
Website may provide links to third party websites and the products or services
of third parties. If you use any of these links you leave this website. The
Suppliers have not reviewed and do not control these websites and are not
responsible for their content. The Suppliers are not responsible and are not
liable in any way for third party content provided on or through these
Websites. If you access, use or purchase any goods or services via these
websites you do so at your own risk.
Website may from time to time display third party advertisements. Such
advertisements may or may not contain hyperlinks to third party websites. The
Suppliers do not endorse or recommend the goods or services of such advertisers
or their websites. If you purchase any goods or services from them or visit any
of their websites, you do so at your own risk.
in the content and material on the Website is owned by the Suppliers or its
licensors. You may download, store, display on your computer, view, listen to,
play and print materials that the Suppliers publish or broadcast on the Website
or make available for free download through the Website subject to the
following: (a) the materials may be used by you solely for your own information
and evaluation purposes relating to the Suppliers’ products and
services; (b) the materials may not be modified or altered in any way; and (c)
the materials may not be redistributed or sold to other parties.
content of this Website may be used, reproduced, distributed, stored in an
electronic or other retrieval system, adapted, uploaded to a third party
location, framed, performed in public or transmitted in any form by any process
whatsoever without the written permission of the Suppliers except:
expressly permitted in these Conditions of Sale, or
permitted under the Copyright Act 1968 (Cth) or other applicable laws.
Website may contain trademarks or logos of the Suppliers, other companies or
organisations and these are proprietary to the owner(s) of such marks. No use
of the trademarks or logos without prior written permission of the Suppliers is
Suppliers may at any time discontinue or limit access to the Website or its
content. The Suppliers may terminate or limit your access to the Website if you
breach these Conditions of Sale. All disclaimers and limitations of liability
by the Suppliers will survive termination.
the extent available by law, the Suppliers give no guarantees or warranties in
relation to the use or content of the Website. In particular, the Suppliers do
not warrant that:
Website will be continuously available or free from any delay in operation or
transmission, virus, communications failure, internet access difficulties or
malfunction in hardware or software;
Website or any content will meet your requirements; or
content does not infringe any third party intellectual property rights.
SNOW PASS MEDIA CARDS
Pass Media Cards issued to you by the Suppliers at a cost of $5.00 are used for
the storage of your purchases of Snow Pass Media Products.
Snow Pass Media Card will be replaced at a cost of $5.00 for any card lost,
stolen or damaged.
purchase of Snow Pass Media Products are non-refundable and non-transferable
once payment has been processed.
on the Snow Pass Media Product orders cannot be altered after the order has
Snow Pass Media Card does not entitle the Holder to any Ski Lift access without
the purchase of a Ski Lift access product.
purchasing your Snow Pass Media Products you agree to receive communications
from the Suppliers’ marketing teams by email (but not limited to this medium)
advising you of key information and updates, including additional benefits to
Snow Pass Media Card holders.
Pass Media Cards must be carried in your ski jacket at all times while you are
on the ski/snowboard slopes and must be presented to the Suppliers’ authorised
personnel upon request. The Snow Pass Media Card can be used when loaded with
the purchase of Snow Pass Media Products. No refund will be made if any Ski
Lifts are not operating or for customer illness or injury or for lost or stolen
Snow Pass Media Cards.
may offer to purchase any Snow Pass Media Products described in the Website for
the price specified in the Website.
order must contain your name, postal address, phone number, date of birth,
e-mail address, a recent passport style photo, credit card details and any
other ordering information specified on the Website.
must be effected by credit card using the ordering facility on the Website.
are responsible for ensuring the accuracy of your order. The Suppliers shall
endeavour to supply you, subject to availability, with the Snow Pass Media
Products set out in your order. Confirmation of your purchase will be sent to
your nominated email address.
cannot cancel an order once it has been submitted and paid, even if a
confirmation email from the Suppliers is still pending.
Pass Media Products are available for sale only to persons who can make legally
you purchase Snow Pass Media Products by telephone, post or by visiting one of
the Suppliers’ Offices then any such purchase will be governed by these
Conditions of Sale excluding any of the Conditions of Sale that are specific to
purchases made using the Website.
you opt to collect your Snow Pass Media Card or Snow Pass Media Products direct
from the Suppliers you will need to provide a valid photo ID showing your date
you choose to purchase a Hero Pass you will, at the time of purchase, be
required to pay the full price or the deposit price nominated on the website. If you choose to pay the deposit price you
agree to pay the balance of the purchase price and also agree that this amount will
automatically be deducted from your credit card on 30 April 2017. It is
your responsibility to ensure the credit card details on file are correct prior
to 30 April 2017 and that sufficient funds are available on that date to
enable the balance of the purchase price
to be deducted.
YOUR AGREEMENT TO THESE CONDITIONS OF
SALE BY MAKING AN ORDER
your purchase/s and payment by credit card or voucher you agree to these
Conditions of Sale including the Exclusion of Liability Conditions (in
and the Suppliers will treat the order as confirmed.
price of the Snow Pass Media Products shall be the price displayed on the
Website on the date of your order (inclusive of goods and services tax and any
other charges which must be mandatorily disclosed under the Competition and
Consumer Act 2010 (Cth) but exclusive of delivery charges which are payable
prices displayed on the Website are quoted in Australian dollars and must be
paid in full, including delivery charges, except where discounts are offered as
detailed on the Website.
CANCELLATION DUE TO ERROR OR
acknowledge that despite the Suppliers' reasonable precautions, Snow Pass Media
Products may be listed at an incorrect price, with incorrect information, or
which are unavailable due to a typographical error or other oversight. In these
circumstances, the Suppliers each reserve the right to cancel the transaction,
notwithstanding that your order has been confirmed and your credit card has
been charged. The Suppliers each reserve this right up until the time of
delivery or use of the Snow Pass Media Products.
a cancellation of this nature occurs after your credit card has been charged
for the purchase the respective Suppliers will immediately, or as soon as
practical, issue a credit to your credit card account for the amount in
Post is the Suppliers' usual postal agent and it will make deliveries unless
otherwise instructed and in accordance with the terms and conditions stipulated
by it. All Snow Pass Media Cards and Snow Pass Media Products will be delivered
to the address that you have indicated on your order. Risk of damage or loss of
the Snow Pass Media Cards and Snow Pass Media Products passes to Australia Post
when it takes possession of your order from the Suppliers. Any times quoted for delivery are approximate
only and the Suppliers shall not be liable for any delay in the delivery of the
Snow Pass Media Cards or Snow Pass Media Products howsoever caused.
USE BY UNAUTHORISED PERSONS, TRANSFER OR ALTERATIONS TO SNOW PASS MEDIA CARDS
Snow Pass Media Card must only be used by the person to whom it is issued and
must not be used by another person, resold, transferred or altered in any
manner. Should this provision be breached the Snow Pass Media Card in question
will be cancelled with no refund being payable for the purchase price and the
respective Suppliers reserve the right to refer the matter to the police.
you become aware that any Snow Pass Media Card issued to you (or to another
person at your request) has been lost or stolen, you must report this to the
relevant Supplier by telephone (FCSL 03 5758 1000 or MHSC
03 5759 4444) or by visiting an office of that Supplier.
acknowledge and accept that any Snow Pass Media Card issued to you (or to
another person at your request) may be cancelled or suspended at the sole discretion
of the relevant Supplier if:
unauthorised person is found to be using it prior to you reporting it lost or
user fails to comply with all signs or other direction of the Suppliers, or for
reckless or careless conduct, or for breach of the Alpine Responsibility Code.
purchasing from the Website your financial details are passed through a secure
transmission over the Internet can be guaranteed as totally secure. Whilst the
Suppliers strive to protect such information, the Suppliers do not warrant and
cannot ensure the security of any information which you transmit to the
Suppliers. Accordingly, any information which you transmit to the Suppliers,
including your credit card details, is transmitted at your own risk, and the Suppliers
shall have no liability to you for any financial or consequential loss or
damage suffered by you in anyway whatsoever arising out of or related to your
use of this website whether due to negligence, breach of contract, statute or
statutory duty by the suppliers.
the respective Suppliers receive your transmission, the respective Suppliers
will take reasonable steps to preserve the security of such information.
If you purchase
any Snow Pass Media Card or Snow Pass Media Products, from the Suppliers via
the website, or by any other means, on behalf of another person, both you and
that other person, agree that you make that purchase as the authorised agent of
that other person so that he/she will be bound by these Conditions of Sale.
TO THE CONDITIONS OF SALE
retain the right to vary these Conditions of Sale from time to time (including
changing the prices of any Snow Pass Media Products) provided that this does
not materially affect the nature of the Snow Pass Media Products purchased. Any
variations become effective on posting of the changes on the Website. By making
a purchase through the Website you agree to be bound by these Conditions of
Sale and by any later variation to them when posted on the Website. The
Suppliers encourage users to review this document regularly to keep abreast of such
Access to the
Website may be terminated at any time by the Suppliers without notice. The
respective Suppliers' limitation of liability will nevertheless survive any
Read Carefully- These Conditions Affect Your Legal Rights!
Creek Ski Lifts Pty Ltd being the supplier of recreational services in the
Falls Creek Alpine Resort, and Mount Hotham Skiing Company Pty Ltd, being the supplier
of recreational services in the Mount Hotham Alpine Resort and at the
skiing/snowboarding slope at Dinner Plain, supply and sell the following
recreational services, being all Snow Pass Media Cards, Snow Pass Media
Products, including skiing, snowboarding, skiing and snowboarding lessons, the
use of ski and snowboard slopes, the use of Ski Lifts, skiing and snowboarding
equipment rental, snow making, the condition, layout, design, construction,
maintenance and grooming of ski/snowboard slopes and surrounds, and all other
associated sporting activities or similar leisure time pursuits associated with
being in either of the Resorts or using the ski/snowboard slope at Dinner Plain
(collectively called ‘Recreational
Activities’) subject to the following conditions:
their employees, directors and agents are not liable to the Holder or the
Holder’s dependants or legal representatives for personal injury or death
suffered by the Holder due to the Recreational Activities not being rendered
with due care and skill, or not being reasonably fit for any purpose which the
Holder made known to the Suppliers, or because the Recreational Activities failed
to achieve any result reasonably expected by the Holder which the Holder made
known to the Suppliers, or for breach of any of the consumer guarantees applied
by the Australian Consumer Law (Victoria), or due to the negligence, breach of
contract or statute or statutory duty by the Suppliers in any way relating to
or arising from the sale or supply of Recreational Activities by the Suppliers
to the Holder.
The Holder acknowledges
that the Recreational Activities are dangerous with many inherent risks and
hazards and as a consequence personal injury (including serious personal
injury) and sometimes death can occur and the Holder assumes and accepts all
such risks and hereby waives the right to sue the Suppliers for any personal
injury or death suffered by the Holder in any way whatsoever caused by or
arising from the Holder’s participation in the Recreational Activities.
UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian
Consumer Law (Victoria), several statutory guarantees apply to the supply
of certain goods and services. These guarantees mean that the supplier named
on this form is required to ensure that the recreational services it supplies
are rendered with due care and skill; and
are reasonably fit for any purpose which you,
either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any
result you have made known to the supplier.
Under section 22 of the Australian Consumer Law & Fair Trading
Act 2012, the supplier is entitled to ask you to agree that these
statutory guarantees do not apply to you. If you sign this form, you will be
agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are
killed or injured because the services provided were not in accordance with
these guarantees, are excluded, restricted or modified in the way set out in
NOTE: The change to your rights, as set out in this form, does
not apply if your death or injury is due to gross negligence on the
Supplier’s part. Gross negligence, in relation to an act or omission, means
doing the act or omitting to do an act with reckless disregard, with or
without consciousness, for the consequences of the act or omission. See
regulation 5 of the Australian Consumer
Law & Fair Trading Act 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading
AND HERO PASSES
Season and Hero Pass Holders must sign and agree to these Conditions of Sale prior
to obtaining their Season or Hero Pass.
or Hero Pass purchases are non-refundable and non-transferable once payment has
been processed. (Subject to payment and conditions of the Season and Hero Pass
Refund Protection program below).
on the Season and Hero Pass orders cannot be altered after the order has been
child Season or child Hero Pass Holder is classified as between 6 – 17 years of
age at 1 June of any year. A Senior is a person over the age of 65 at 1 June
of any year.
and Hero Passes are valid for use at Falls Creek, Mount Hotham and Dinner Plain
AND HERO PASS REFUND PROTECTION PROGRAM
you purchase the Season and Hero Pass Refund Protection at the same time as
purchasing your Season or Hero Pass you will receive the reassurance of a
partial refund if you suffer injury or sickness which prevents you from further
participating in skiing or snowboarding as outlined below.
and Hero Pass Refund Protection - $40 Adult, $30 Child/Student/Senior, per
Season or Hero Snow Pass
AND HERO PASS REFUND PROTECTION - PROGRAM
and Hero Pass Refund Protection is only available at the time you purchase your
Season or Hero Pass, and is only valid for the Snow Season for which the Season
or Hero Pass is purchased.
Season and Hero Pass Refund Protection is purchased the Suppliers will refund a
percentage of the cost of your Season or Hero Pass if you suffer injury or sickness
which prevents you from further participating in skiing or snowboarding. No
payments will be made under Season and Hero Pass Refund Protection where you
have breached any terms of these Conditions of Sale or where you are prevented
from participating in skiing or snowboarding as a result of committing or
attempting to commit a crime, undertaking elective or cosmetic surgery, injury
or sickness resulting from the use of alcohol or illicit or improper drug use,
violation of the Alpine Responsibility Code or insufficient snow coverage.
you have purchased Season and Hero Pass Refund Protection the Suppliers will
refund the cost of your Season or Hero Pass if you are a Victorian resident who
is transferred interstate or overseas by your employer; provided that the date
of transfer is at least 30 days after the purchase of your Season or Hero Pass
or prior to the start of the declared Snow Season for the applicable calendar
Season and Hero Pass Refund Protection fee is not refundable under any
and Hero Pass Refund Protection does not cover pre-existing injuries or
conditions that were present at the time of purchase of the Season or Hero Pass.
apply for a refund, you must provide the Suppliers with a written request
including a covering letter of explanation, a medical certificate stating the
cause and date of your injury or sickness and prognosis. Refunds will be
calculated from the day the Suppliers receive your request.
a refund claim has been processed your Season or Hero Pass card will be de‑activated
and cannot be used.
and Hero Pass Refund Protection ends on 8 August of the applicable year or
the date when a refund is made by the Suppliers whichever is the earlier. No
refund claims will be accepted by the Suppliers after 15 August of the
refunds made under Season and Hero Pass Refund Protection are subject to these
conditions and all decisions made by the Suppliers in respect to any refund are
final and binding and no correspondence will be entered into.
AND HERO PASS REFUND PROTECTION REFUND SCHEDULE
percentage amount refundable under Season and Hero Pass Refund Protection where
the injury or sickness occurs will be:
Up to 20 days after the date of the start
of the declared Snow Season - 70% of the cost of the Season or Hero Pass will
21-40 days after the date of the start of
the declared Snow Season - 50% of the cost of the Season or Hero Pass will be
41-60 days after the date of the start of
the declared Snow Season - 20% of the cost of the Season or Hero Pass will be
Over 60 days after the date of the start of
the declared Snow Season - No refund will be paid.
you do not purchase Season and Hero Pass Refund Protection no refund or credit
will be issued under any circumstances.
Conditions of Sale shall be governed by and construed firstly in accordance
with the laws of the State of Victoria and then in accordance with the laws of
the Commonwealth of Australia. If any part or provision of these Conditions of
Sale should be determined to be illegal, invalid or otherwise unenforceable, it
shall be deemed deleted and the remaining Conditions of Sale shall remain and
continue to be valid, binding and enforceable.
the Suppliers waive any rights available to the Suppliers under these
Conditions of Sale on one occasion, this does not mean that those rights will
automatically be waived on any other occasion.
Holder acknowledges and agrees that the Suppliers may in their absolute
discretion determine in accordance with the snow, slope, and/or weather
conditions prevailing on any particular day or days during the Snow Season the
quantity and the nature of the Ski Lifts (if any), the services and the
facilities to be operated or offered by the Suppliers on that day or days and
the Holder further acknowledges and agrees that he or she shall not be entitled
to any refund, credit or transfer in respect of the Snow Pass Media Product
with which he or she has been issued if any of the Ski Lifts and/or the
services and the facilities are not operated or offered by the Suppliers for
any reason whatsoever for any period during the Snow Season.
23. YOUR ALPINE RESPONSIBILITY CODE
In purchasing your Pass, all Pass Holders agree to receive communications from Falls Creek Ski Lifts Pty Ltd/Mount Hotham Skiing Company Pty Ltd Marketing teams via email advising them of key information and updates including additional pass holder benefits (e-newsletters but not restricted to this medium only)