Conditions for Mountain Bike & Equipment Rental

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 reasonably 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 Mountain Bike Responsibility Code (as set out below, and as may be updated 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) is not permitted within the Resort boundary.
3. You must read and comply with all signs and follow all reasonable 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:
   1. death;
   2. any physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury);
   3. the contraction, aggravation or acceleration of a disease of an individual; and
   4. 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:
      1. that is or may be harmful or disadvantageous to an individual or community; or
      2. 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.

Equipment Rental Conditions:

1. You acknowledge and agree that:
   1. You have rented the equipment as selected by or requested by you from us subject to these Conditions of Rental;
   2. 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 without our prior written consent;
   3. You have inspected the equipment carefully before renting and that the equipment rented:
      1. has been supplied and adjusted as required by you; and
      2. is in good repair and free of defects;
   4. if you have rented:
      1. a Mountain Bike with appropriate braking and safety mechanisms this may not prevent injury or death, nor is it possible to predict every situation, and it is, therefore, no guarantee of safety; and
      2. a helmet or protective equipment – no helmet or other piece of protective equipment can protect the user from all foreseeable impacts and its use cannot guarantee your safety and this may not prevent injury or death ; and
      3. a storage locker – loss or theft of your property may occur due to circumstances beyond our reasonable control;
   5. all equipment rented and used is at your own risk;
   6. rental equipment is non-transferrable to another date, person or season; and
   7. no refund or part thereof will be given for early return of rental equipment or for change of mind.
2. You agree:
   1. to compensate us for our loss (up to the full reinstatement value of the equipment) if (i) the equipment is not returned whether due to loss, theft or any other reason beyond the Hirer’s reasonable control or (ii) if the equipment is damaged (other than reasonable wear and tear) during the period of rental (whether such damage occurred while it was in the Hirer’s possession or not) or (iii) where the equipment rented suffers damage from improper use (e.g. Enduro bike ridden on Thredbo Downhill Track);
   2. to pay on a daily rental rate for all goods and equipment which you do not return on or before the last day of the renting period. Applicable charges below per late day:
      1. Downhill Mountain Bike – $125
      2. Enduro Mountain Bike – $120
      3. Village Mountain Bike – full Size – $79
      4. Village Mountain Bike – 20” & 24” – $59
      5. Single Accessories: Helmet, Elbow Pads, Knee Pads, Pressure Suit – $15
      6. Packaged Accessories – $20;
   3. that your equipment rental may be cancelled by us at any time:
      1. if you fail to adhere to these Terms and Conditions of Use, which include the Mountain Bike Responsibility Code; or
      2. if we otherwise consider appropriate on reasonable grounds 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.
      3. 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 reactivate your rental; and
   4. that subject to KT providing 7 business days’ notice of its intention to do so, the credit card used in this transaction will be charged for any amount owing to KT under subclauses (a) or (b) above.

MyThredbo Cards:

1. A MyThredbo Card is required for all Thredbo lift, lesson and rental products.
2. If your MyThredbo Card:
   1. 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
   2. 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.
   1. To update your photo please go to shop.thredbo.com.au
   2. Sign in and select My Account.
   3. 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:
   1. Your product can be amended upon payment of the required fee. The amendment fee is $20.00 per transactional change.
   2. 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.
   3. Change requests made inside 30pm two days prior to the selected product start date are not accepted.
   4. Product amendment requests may be made via phone or email as follows:
      1. By email: guestservices_thredbo@evt.com
      2. By phone: 1300 020 589. Customer Support office hours are generally 8.30am to 4.30pm during the summer season.
   5. Change of person is not available on Thredbo MTB Bike and Equipment Rental.

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.

MOUNTAIN BIKE RESPONSIBILITY CODE:

Regardless of how you enjoy your mountain bike sport always show courtesy to others and be aware that there are inherent risks in all mountain bike recreational activities. Common sense, protective equipment and personal awareness can reduce risk. These risks include  weather, visibility, surfaces as well as natural and artificial hazards such as rocks, trees, stumps, vehicles, lift towers, fences and other Thredbo Resort equipment.

MINIMUM BIKE REQUIREMENTS

• 2 working brakes (disc brakes highly recommended)
• Front Suspension (dual suspension highly recommended)
• Tyres must be at least 1.9” wide
• Remove mudguards longer than 25cm
• No tandem bikes
• No baby carriers

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

• Know your ability and always stay in control. It is your responsibility to avoid other people and objects around you. It is your responsibility to stay in control on the ground and in the air.
• Take lessons from professional instructors to learn and progress.
• Do not stop where you obstruct the trail or are not visible from above.
• When entering a trail or starting downhill, you should look uphill and give way to other riders.
• Before using any lift, you must have the knowledge and ability to load, ride and unload safely and always use restraining devices.
• Please assist if you are involved in or witness a collision or accident and identify yourself to the Bike Patrollers.
• Do not use a lift or undertake any form of mountain biking if your ability is impaired by drugs or alcohol.
• Keep off closed areas and obey all signs and warnings.
• Stay on marked trails. Do not cut switchbacks.
• Observe and obey all “Walking Zones” Dismount your bike and walk.
• It is mandatory to wear a helmet on all trails. Full-face helmets are highly recommended on all trails.
• Due to inherent risk of interaction with plant, machinery or vehicles uphill biking is not permitted in Thredbo outside of designated village trails. Uphill biking is not permitted on downhill trails or mountain roads at any time.

KNOW THE MOUNTAIN BIKE CODE IT’S YOUR RESPONSIBILITY. “RESPECT GETS RESPECT” FROM THE LIFT LINE TO THE TRAILS, THROUGH THE PARK AND THE RESORT.

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 MTB BIKE AND EQUIPMENT RENTAL IN WHICH CASE YOU WILL LOSE ALL PRIVILEGES ASSOCIATED WITH YOUR MTB BIKE AND EQUIPMENT RENTAL.