Conditions for Winter Equipment Rental

Terms and Conditions of Rental

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 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.

Equipment Rental Conditions:

1. You acknowledge that:
   a) you have rented the equipment as selected by or requested by you from us subject to these Conditions of Rental;
   b) this Agreement is personal to you 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;
   c) you have inspected the equipment carefully before renting and that the equipment rented:
   i. has been supplied and adjusted as required by you; and
   ii. is in good repair and free of defects;
   d) if you have rented:
   i. a ski-binding-boot system on skis – it may not release at all times or under all conditions where release may prevent injury or death, nor is it possible to predict every situation in which it will release, and it is, therefore, no guarantee of safety;
   ii. snowboard equipment – the snowboard-boot-binding system on snowboard equipment is a NON-RELEASE system and its use cannot guarantee your safety and may not reduce the risk of injury to yourself or your property or death;
   iii. a storage locker – loss or theft of your property may occur due to circumstances beyond our reasonable control;
   iv. ski, snowboard or après boots – walking on snow or ice is slippery and care must be exercised at all times; and
   v. a helmet – no helmet can protect the user from all foreseeable impacts and its use cannot guarantee your safety.
   e) all equipment rented and used is at your own risk;
   f) Rental equipment is non-transferrable to another date, person or season;
   g) no refund or part thereof will be given for early return of rental equipment or change of mind; and
   h) renting the equipment does not entitle you to provide or receive ski or snowboard instruction. Any such instruction may only be provided by our staff and is to be purchased and arranged separately.
2. You agree:
   a) 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;
   b) to pay us up to the amounts for any damage to these items that require replacement or major repair and for lost or stolen items:
   i. Ski Poles replacement due to bend, breakage or loss – $25
   ii. Helmet unrepairable damage, breakage, or loss – $50
   iii. Apres Boots unrepairable damage, breakage, or loss – $70
   iv. Ski or Snowboard major base repair – $80
   v. Backcountry Poles replacement due to bend, breakage, or loss – $80
   vi. Child Ski or Snowboard boot unrepairable damage, breakage, or loss – $100
   vIi. Backcountry Skins unrepairable damage, breakage, or loss – $150
   viii. Backcountry Snowshoes unrepairable damage, breakage, or loss – $150
   ix. Clothing: Jacket or Pant unrepairable damage, breakage, or loss – $150
   x. Backcountry Touring Bindings unrepairable damage, breakage, or loss – $200
   xi. Adult Ski or Snowboard boot unrepairable damage, breakage, or loss – $200
   xii. Sport Ski or Snowboard unrepairable damage, breakage, or loss – $300
   xiii. Premium Ski or Snowboard unrepairable damage, breakage, or loss – $600
   ix. Backcountry Ski/Board unrepairable damage, breakage, or loss- $800
   c) 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:
   i. Sport Ski or Snowboard – $79 for 2 to 5 Day Rental or $31 for 6+ Day Rental
   ii. Premium Ski or Snowboard – $84 for 2 to 5 Day Rental or $42 for 6+ Day Rental
   iii. Backcountry Ski/Board $177
   iv. Ski or Snowboard boot – $32 for 2 to 5 Day Rental or $16 for 6+ Day Rental
   v. Ski Poles – $16 for 2 to 5 Day Rental or $11 for 6+ Day Rental
   vi. Snowshoes $32 for 2 to 5 Day Rental or $16 6+ Day Rental
   vii. Helmet – $26 for 2 to 5 Day Rental or $16 for 6+ Day Rental
   viii. Clothing $42 for 2 to 5 Day Rental or $21 for 6+ Day Rental
   d) that your equipment rental may be cancelled by us at any time:
   i. if you fail to adhere to these Terms and Conditions of Use and the Alpine 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 activate your pass; and
   e) that subject to us providing notice of our intention to do so, the credit card used in this transaction will be charged for any amount owing to us under subclauses (b), (c) or (e) above.

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 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 lift passes.

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.

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