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TERMS & CONDITIONS

© Falls Creek Resort Management 2004 - 2014

PRIVACY POLICY

Falls Creek Alpine Resort Management Board (FCRM, we, us, our) is bound by the Australia Privacy Principles in the Privacy Act 1988 (Cth) (Privacy Act). We understand the importance of, and are committed to, protecting your personal information (as that term is defined in the Privacy Act). This Privacy Policy explains how we manage any of your personal information we collect from you, including our obligations and your rights in respect of our dealings with your personal information. The privacy values embodied in this Privacy Policy are reflected in and supported by FCRM’s corporate behaviour.

How we collect your personal information

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way.  Where it is reasonably practical to do so, we will collect your personal information directly from you. We may collect the personal information you directly give us through some of the following means:

(a) when you make a booking, place an order or make an inquiry via our website;
(b) in administering and performing any contracts with service providers;
(c) when you contact us via telephone or facsimile;
(d) from correspondence (whether in writing or electronically);
(e) while conducting customer satisfaction and market research surveys;
(f) when administering any of our services; and
(g) as otherwise required to manage our business.

In certain cases we may collect personal information from publically available sources and third parties, such as suppliers, recruitment agencies, contractors, our clients and business partners. If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

Our Website

When you place an order / make a booking via our website, you will be asked for the following personal information: your name, email address, mailing address, delivery address and phone number. We may share this information, and only that information which is absolutely necessary, with those third parties that are involved in the processing of your order or booking; for example, the financial institution that issued your credit card and shipping carrier for delivery of your order.

We do not share, sell, rent or barter any identifiable personal information to any third party without your permission. We do not store your credit card details. When you submit feedback or questions via email, we will request your name and email address. We use this information solely to respond to your inquiries.

Types of personal information we collect

The type of personal information we may collect can include (but is not limited to), your name, postal address, email address, phone numbers and billing/credit card information . Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services.

Our purposes for handling your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances. In accordance with FCRM's  responsibilities, the services and functions which FCRM provide relate primarily to the areas of management and planning for the development, promotion and use of the Falls Creek Alpine Resort in accordance with the objects of the Alpine Resorts (Management) Act 1997 (Vic).

We collect, hold, use and disclose personal information to:

(a) offer and provide you with our goods and services (including to process booking inquiries and any other inquiries);
(b) carry out our statutory functions;
(c) carry out planning, funding, monitoring and evaluating services and functions (but where practicable, remove identifying details from information used for these purposes);
(d) manage and administer any goods and services we provide to you including account keeping procedures;
(e) communicate with you, including (but not limited to), emailing you tax invoices, dispatch and tracking information, returns and exchange authorisations;
(f) comply with our legal and regulatory obligations; and
(g) otherwise to manage our business.

We will not use or disclose your personal information for any other purpose unless you have consented to that use or disclosure.

We may disclose personal information between our organisations or to third parties such as our suppliers, booking agents and or property owners or managers where we are processing an accommodation inquiry for you, organisations that provide us with technical and support services, or our professional advisors, where permitted by the Privacy Act.  If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

Protection of personal information

We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers . We maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of personal information.  This also applies to disposal of personal information.  We further protect personal information by restricting access to personal information to only those who need access to the personal information do their job.  Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of your personal information.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law. We only retain information for the period authorised by the Public Records Act 1973 (Vic).

Direct marketing

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with you and to let you know about new opportunities and activities we are conducting. We may provide you with information about new products, services and promotions either from us, or from third parties which may be of interest to you.

We will not disclose your personal information to third parties for marketing purposes without your consent.

You may opt out at any time if you no longer wish to receive commercial messages from us. You can make this request by contacting our Privacy Officer.

Accessing and correcting your personal information

You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time.  On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access.  We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing. We will respond to all requests for access to or correction of personal information within a reasonable time.

Overseas transfers of personal information

As at the date of this Privacy Policy, we are not likely to disclose your personal information to overseas recipients.  If in future we do propose to disclose personal information overseas, we will do so in compliance with the requirements of the Privacy Act.  We will, where practicable, advise you of the countries in which any overseas recipients are likely to be located. If you do not want us to disclose your information to overseas recipients, please let us know.

Resolving personal information concerns

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact our Privacy Officer:

The Privacy Officer
PO Box 50, Falls Creek Vic 3699
Telephone: 03 57581200
Facsimile: 03 57583415
Email: [email protected]

We take all complaints seriously, and will respond to your complaint within a reasonable period.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Email: [email protected]

Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our website. The last update to this document was 13/05/2015

ACCOMMODATION ENQUIRY & BOOKING REQUESTS

Enquiry and/or booking requests for accommodation on the FCRM website are sent to the respective Reservation Centre or accommodation provider. FCRM make every effort to ensure all accommodation information displayed on the Site is accurate. FCRM is unable to guarantee the accuracy of all information nor guarantee that the Site is free of errors or faults. Additionally, FCRM reserve the right to change accommodation information displayed on the Site (including these terms and conditions) at any time without notice to you. FCRM and its authorised representatives are in no way responsible for the privacy practices of any third party recipients of information sent via forms on this website.

NEWSLETTER SUBSCRIPTIONS

When requesting a free subscription to the Falls Creek newsletter, information collected will not be provided to any third party except authorised FCRM representatives. Information is used to send newsletters and may be used from time to time to send other marketing and promotional material about Falls Creek. Users are able to opt out of receiving information by unsubscribing their contact details at any time.

WEBSITE STATISTICS

FCRM tracks some visitor information such as the number of times users visit pages within the website, the length of time spent within the website and other relevant information to assist in statistical collection for analysis. Information collected in this manner is used in aggregate form only and no data which may identify individuals is collected. This information is used in decision making around the management and strategic direction of the website.

SURVEYS & COMPETITIONS

At various times FCRM may conduct online competitions or surveys to assess specific issues, for example guest satisfaction. The type of survey questions asked may change however may include information such as age bracket, usual postcode of residence and ratings of various service levels, activities or events. All information provided remains confidential and will not be sold to third parties. High level aggregate data or non-personally identifiable information (for example guest feedback) may be shared with interested parties. Any contact information or personally identifiable data collected to verify or validate survey responses remains confidential unless otherwise agreed between FCRM and the individual concerned.

CONTACTS

For queries concerning this website contact:

Falls Creek Resort Management
PO Box 50
Falls Creek Vic 3699
Phone: 03 5758 1200
Fax: 03 5758 3415
[email protected]

For information about the Information Privacy Act contact:

Victorian Privacy Commissioner
Level 11, 10-16 Queen Street
Melbourne, Victoria 3000
Australia
Telephone: 1300 666 444

COPYRIGHT NOTICE

This website and all it’s components (including images, audio, video and text) are subject to the provisions of the Copyright Act 1968. When you access the information, images, products and services contained in the website, you agree to retrieve, download or print out for your personal, non-commercial use only and cannot modify, copy or reproduce this information without written permission from Falls Creek Alpine Resort Management Board.

All requests and enquiries regarding reproduction rights should be directed to:

Falls Creek Resort Management
PO Box 50
Falls Creek Vic 3699
Phone: 03 5758 1200 
Fax: 03 5758 3415
[email protected]

 
 

 

 

 

Falls Creek Alpine Resort Management Board (FCRM) manages the site www.fallscreek.com.au. Below is the privacy policy for FCRM as well as specific information which applies to this website.
 
1. FCRM is committed to protecting the privacy of personal information which they handle. Personal information is information which directly or indirectly identifies a person.
 
2. FCRM collects and handles a range of personal information for the purposes of providing services or to carry out statutory functions. FCRM also collects personal information for planning, funding, monitoring and evaluating services and functions, but where practicable remove identifying details from information used for these purposes.
 
3. In accordance with they’re responsibilities, the services and functions which FCRM provide relate primarily to the areas of management and planning for the development, promotion and use of the Falls Creek Alpine Resort in accordance with the objects of the Alpine Resorts (Management) Act 1997.
 
4. FCRM recognise that the nature of these services means that there is a possibility that some of the information they handle could be sensitive.
 
5. FCRM recognise that privacy principles protect personal information both as a matter of individual right, and to support the public interest in ensuring Government can collect information necessary for its services.
 
6. FCRM recognise the essential right of individuals to have their information handled in ways which they would reasonably expect - protected on the one hand and made accessible to them on the other.
 
7. These privacy values are reflected in and supported by FCRM’s corporate behaviour.
 
8. FCRM is bound by Victorian State privacy laws, the Information Privacy Act 2000, as well as other laws which impose specific obligations in regard to handling information.
 
9. FCRM have adopted the respective Privacy Principles contained in the Victorian State’s privacy laws as minimum standards in relation to handling personal information.
 
In broad terms this means that FCRM:
 
• Collect only information which is needed for a specified primary purpose;
• Ensure that the person knows why information is collected and how it will be handled;
• Use and disclose the information only for the primary or a directly related purpose, or for another purpose with the person's consent (unless otherwise authorised by law);
• Store information securely, protecting it from unauthorised access;
• Retain information for the period authorised by the Public Records Act 1973; and
• Provide the person with access to their own information and the right to seek its correction.

RESORT ENTRY PERMIT

Important Conditions of Purchase

WARNING 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 is required to ensure that any recreational services it supplies to you —

• are rendered with due care and skill; 

• 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 Act, the Supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter the Resort and thereby accept these terms & conditions, you will be agreeing that your rights to sue the Supplier under the Act 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 these terms & conditions.

NOTE: The change to your rights, as set out in these terms & conditions, 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 and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

These terms and conditions apply to holders of Permits (Permit Holders) issued by the Falls Creek Alpine Resort Management Board (Supplier) in respect of the Falls Creek Alpine Resort Crown Land Reserve (the Resort) and cover the Permit Holders':

a) use and conduct in respect of the Permit; and

(b) use of the Resort and facilities, and any activities carried out by the Permit Holder, whilst at the Resort.

The Supplier may in its sole discretion issue Permits for entry into the Resort subject to the conditions set out below.

Each Permit entitles the Permit Holder to access the Resort during the period stipulated on the Permit.

The price of the Permit is the amount set out at www.fallscreek.com.au/ResortEntry from time to time. No Permit will be issued unless and until the Supplier has received payment of the price in full.

The Permit must be affixed to the lower driver’s side of the front windscreen of the vehicle listed on the Permit and with the expiry date clearly visible prior to entry into the Resort – (Regulation 11.(3) Alpine Resorts (Management) Regulations 2009). 

The Permit:

(a) remains the property of the Supplier, is not transferable and cannot be resold;

(b) is valid only for the date/s shown on the Permit and in respect of the vehicle shown on the Permit (note that the registration number on the Permit must not be altered); 

(c) is void if the seal is broken;

(d) must be collected from Howman’s Gap Resort Entry Ticket Box at Howman’s Gap or posted to Permit Holder.

7. The Supplier may at its discretion withdraw or cancel any Permit if it determines, in its reasonable opinion, that a Permit Holder has breached any of these terms & conditions. 

8. No replacement or refund will be made for loss of Permit, in the event of poor snow conditions, or if any lift service or other facility is not operating or open. The Supplier will not under any circumstances provide a refund for Permits purchased online. 

9. At all times while in the Resort, the Permit Holder must comply with:

(a) the Alpine Responsibility Code which is available at www.fallscreek.com.au/AlpineResponsibilityCode;

(b) the Alpine Resorts (Management) Act 1997 and associated regulations; and

(c) all signs (including during hours of darkness) or other directions of the Supplier or any of its employees and agents. 

10. People over 65 are eligible for a 20% discount (Over 65's Discount) on the purchase price of the Permit at the time of purchase. Proof of age must be presented by the purchaser in order to purchase the Permit at the discounted price. The Over 65’s Discount does not apply to bus, taxi, trailer, motorbike, driver only or Accommodation Transfer Service products (details of which are available on the Supplier's website at www.fallscreek.com.au/ATS). No Registered Postage is available on purchases made using the Over 65's Discount. 

11. Vehicles must not be left in a position to cause any obstruction to footpaths or roads.

12. Subject to clause 13:

(a) the Supplier excludes any implied term, warranty or statutory right that may apply in connection with the provision of any goods or services in connection with this Permit; 

(b) the Permit Holder voluntarily undertake activities within the Resort and acknowledge and agree that such activities may be dangerous and that personal injury or death may result;

(c) to the extent that any services provided by the Supplier in connection with these terms & conditions constitute a recreational service within the meaning of section 139A(2) of the Competition and Consumer Act Cth 2010 (CCA) (or equivalent Victorian laws), the Supplier, its employees, directors, officers, contractors and agents will not have any liability for death, physical or mental injury, contraction, aggravation or acceleration of a disease, or any other liability described in section 139A(3) of the CCA (or equivalent Victorian laws) that may result from or be associated with the supply of such recreational services, including but not limited to any of the following activities: skiing, snowboarding, snowtubing, tobogganing, skiing or snowboarding lessons, the use of ski lifts, all ski area services and facilities including snow clearing, operations of the ski patrol, the condition, layout, construction, design or use of pedestrian areas, roads, car parks, buildings, ski runs or slopes or the presence of people or objects thereon or any associated sporting activities or similar leisure time pursuits associated in any way whatsoever with being in snow affected terrain. The Permit Holder waives any rights that it may have in connection with such services and releases the Supplier from any claim, liability, loss or damage (howsoever incurred) in connection with the same; and 

(d) the Permit Holder releases its employees, directors, officers, contractors and agents from any loss, damage or liability in negligence, equity, breach of contract or statute or statutory duty to the Permit Holder, howsoever incurred by the Permit Holder which is not otherwise dealt with in clause 12(c).

The Supplier holds the benefit of this clause 12 for itself and on trust for each of its employees, directors, officers, contractors and agents.

13. The Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) provides Consumers (as that term is defined in the Australian Consumer Law) with a number of protections and Consumer Guarantees that cannot be excluded or limited. These terms & conditions, and in particular the limitations of liability set out in these terms & conditions, are therefore subject to, and will not apply to the extent that they limit or exclude, such protections and Consumer Guarantees applicable to Consumers. However where the Australian Consumer Law permits the Supplier to limit the remedies available to it in respect of the customer for a breach of a Consumer Guarantee, the Supplier hereby limits its remedies to the customer, at the Suppliers' option, in the case of goods, to the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of having the goods repaired or replaced or having equivalent goods supplied and, in the case of services, to supplying the services again or paying the cost of having the services supplied again. 

OVER 65'S RESORT ENTRY SEASON PERMIT

Important Conditions of Purchase

1. People over 65 are eligible for a discount off the purchase price of the relevant resort entry permit at the time of purchase. The discount price will be confirmed via official announcement of the applicable season's Resort Entry pricing. 

Season permits with discounts are available online but will not be issued until proof of age and vehicle ownership is provided. Please Note Day and Night tickets are not available at the discounted rate online.

2. Permits must be collected at the Howman’s Gap Resort Entry Ticket Box or from the FCRM office. No Registered Postage is available on Over 65’s product purchases.

 

PRICE FREEZE PERMIT - RESORT ENTRY PERMITS PAID BY INSTALMENT AND PAID IN FULL.

 

  • The Price Freeze Permit offer is valid for purchases made between 9am October 17 and 5pm December 16, 2016
  • Purchasers will be eligible for a 2017 Falls Creek Resort Entry Season permit for the total price of $295 with either this entire amount or a deposit amount of $99 payable at the time of purchase.
  • Offer is valid for online purchases only made through the Falls Creek Resort Management online sales facility.
  • First instalment is deducted from customer’s credit/debit card immediately. Permit is only issued once second instalment is paid and therefore permit is paid for in full.
  • Second and final payment is deducted automatically from the provided registered credit/debit card used when making the first instalment on the date indicated.
  • It is the customer’s responsibility to update FCRM of any changes to credit/debit card details to ensure second automatic payment proceeds successfully.
  • If the credit/debit card on record is cancelled, expired, has insufficient funds, etc, the customer is required to contact FCRM to provide new card details before the second instalment is due to ensure successful final payment.
  • If final payment fails, permit will not be issued and no refund of first instalment will be granted.
  • Permit only applies to the declared winter season indicated.
  • Dates during which the permits are offered for sale is subject to change and is at the discretion of FCRM.
  • Applies to purchases made on-line via the fallscreek.com.au web sales portal only.
  • Cannot be used in conjunction with any other discounted or promotional offers (eg. over 65 discount)
  • Product purchased is a standard vehicle Resort Entry Season Permit.
  • All conditions of purchase and Resort Entry Season Permit terms and conditions apply.

RESORT ENTRY SEASON PERMIT

 Important Conditions of Purchase

WARNING 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 is required to ensure that any recreational services it supplies to you —

•are rendered with due care and skill; 

•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 Act, the Supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter the Resort and thereby accept these terms & conditions, you will be agreeing that your rights to sue the Supplier under the Act 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 these terms & conditions.

NOTE: The change to your rights, as set out in these terms & conditions, 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 and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

1. These terms and conditions apply to holders of Season Permits (Permit Holders) issued by the Falls Creek Alpine Resort Management Board (Supplier) in respect of the Falls Creek Alpine Resort Crown Land Reserve (the Resort) and cover the Permit Holders':

(a) use and conduct in respect of the Season Permit; and

(b) use of the Resort and facilities, and any activities carried out by the Permit Holder, whilst at the Resort.

2. The Supplier may in its sole discretion issue Season Permits for entry into the Resort subject to the conditions set out below.

3. Each Season Permit entitles the Permit Holder to access the Resort during the season as stipulated on the Season Permit.

4. The price of the Season Permit is the amount set out at www.fallscreek.com.au/ResortEntry from time to time. No Season Permit will be issued unless and until the Supplier has received payment of the price in full. An “Early Bird” discount is available where the purchaser has submitted a correctly completed application form and payment prior to 5pm 30 April, 2015. 

5. The Season Permit must be affixed to the lower driver’s side of the front windscreen of the vehicle listed on the Season Permit and with the expiry date clearly visible prior to entry into the Resort – (Regulation 11.(3) Alpine Resorts (Management) Regulations 2009). 

6. Season Permits are only available in respect of privately registered motor vehicles (less than 13 seating capacity), excluding commercial motor vehicles. Commercial motor vehicles include any motor vehicles which are used or intended to be used for carrying passengers for hire or reward.

7. Vehicles with a valid Season Permit displayed may enter the Resort using the entrance station express lane, but must stop if directed by the Supplier or its agents. 

8. All Resorts Season Permits (which enable resort entry into the Resort as well as the resorts at Mt Hotham, Mt Buller, Mt Stirling, Mt Baw Baw and Lake Mountain) are available for purchase from the Supplier and for the price set out at www.arcc.vic.gov.au/news#allresorts. The price of an All Resorts Season Permit includes the cost of a Season Permit. The All Resorts Season Permit shall only be accepted as valid when displayed with the valid resort specific season pass, both of which must bear the same vehicle registration number. All Resorts Season Permit holders will be subject to the relevant resort’s terms and conditions of entry, during season of issue, available on the relevant resort's website.

9. Where a vehicle with a Season Permit is sold, damaged or the windscreen broken, the Season Permit must be removed and the Season Permit (or as much of the Season Permit that remains intact, which if possible should include the permit number) returned to the Supplier for issue of a replacement. Season Permits are not subject to a refund in such an event. A replacement permit will only be issued to a vehicle registered in the same name as the original permit and proof of ownership via registration papers must be produced. A replacement fee of $25.00 will apply. 

10. The Season Permit:

(a) remains the property of the Supplier, is not transferable and cannot be resold;

(b) is valid only for the date/s shown on the Season Permit and in respect of the vehicle shown on the Season Permit (note that the registration number on the Season Permit must not be altered); 

(c) is void if the seal is broken; and 

(d) must be collected from [and returned to] Howman’s Gap Resort Entry Ticket Box at or posted to the Purchaser.

11. The Supplier may at its discretion withdraw or cancel any Season Permit if it determines, in its reasonable opinion, that a Permit Holder has breached any of these terms & conditions. 

12. No replacement or refund will be made for loss of Season Permit, in the event of poor snow conditions, or if any lift service or other facility is not operating or open. The Supplier will not under any circumstances provide a refund for Season Permits purchased online. 

13. At all times while in the Resort, the Permit Holder must comply with:

(a) the Alpine Responsibility Code which is available at www.fallscreek.com.au/AlpineResponsibilityCode;

(b) the Alpine Resorts (Management) Act 1997 and associated regulations; and

(c) all signs (including during hours of darkness) or other directions of the Supplier or any of its employees and agents. 

14. People over 65 are eligible for a 20% discount (Over 65's Discount) on the purchase price of the Season Permit at the time of purchase. Proof of age must be presented by the purchaser in order to purchase the Season Permit at the discounted price. The Over 65’s Discount does not apply to bus, taxi, trailer, motorbike, driver only or Accommodation Transfer Service products (details of which are available on the Supplier's website at www.fallscreek.com.au/ATS. No Registered Postage is available on purchases made using the Over 65's Discount. 

15. Vehicles must not be left in a position to cause any obstruction to footpaths or roads.

16. Subject to clause 17:

(a) the Supplier excludes any implied term, warranty or statutory right that may apply in connection with the provision of any goods or services in connection with this Season Permit; 

(b) the Permit Holder voluntarily undertake activities within the Resort and acknowledge and agree that such activities may be dangerous and that personal injury or death may result;

(c) to the extent that any services provided by the Supplier in connection with these terms & conditions constitute a recreational service within the meaning of section 139A(2) of the Competition and Consumer Act Cth 2010 (CCA) (or equivalent Victorian laws), the Supplier, its employees, directors, officers, contractors and agents will not have any liability for death, physical or mental injury, contraction, aggravation or acceleration of a disease, or any other liability described in section 139A(3) of the CCA (or equivalent Victorian laws) that may result from or be associated with the supply of such recreational services, including but not limited to any of the following activities: skiing, snowboarding, snowtubing, tobogganing, skiing or snowboarding lessons, the use of ski lifts, all ski area services and facilities including snow clearing, operations of the ski patrol, the condition, layout, construction, design or use of pedestrian areas, roads, car parks, buildings, ski runs or slopes or the presence of people or objects thereon or any associated sporting activities or similar leisure time pursuits associated in any way whatsoever with being in snow affected terrain. The Permit Holder waives any rights that it may have in connection with such services and releases the Supplier from any claim, liability, loss or damage (howsoever incurred) in connection with the same; and 

(d) the Permit Holder releases its employees, directors, officers, contractors and agents from any loss, damage or liability in negligence, equity, breach of contract or statute or statutory duty to the Permit Holder, howsoever incurred by the Permit Holder which is not otherwise dealt with in clause 16(c).

The Supplier holds the benefit of this clause 16 for itself and on trust for each of its employees, directors, officers, contractors and agents.

17. The Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) provides Consumers (as that term is defined in the Australian Consumer Law) with a number of protections and Consumer Guarantees that cannot be excluded or limited. These terms & conditions, and in particular the limitations of liability set out in these terms & conditions, are therefore subject to, and will not apply to the extent that they limit or exclude, such protections and Consumer Guarantees applicable to Consumers. However where the Australian Consumer Law permits the Supplier to limit the remedies available to it in respect of the customer for a breach of a Consumer Guarantee, the Supplier hereby limits its remedies to the customer, at the Suppliers' option, in the case of goods, to the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of having the goods repaired or replaced or having equivalent goods supplied and, in the case of services, to supplying the services again or paying the cost of having the services supplied again. 

18. Personal Information (as that term is defined in the Privacy Act 1998) collected from your Season Permit application form is used for reference purposes only. It is not provided or made available to any other party. The Supplier's Privacy Policy, available at www.fallscreek.com.au/TermsConditions, will apply to any Personal Information collected or held by the Supplier in connection with these terms & conditions. 

19. Season Permits must be collected at the Howman’s Gap Resort Entry Ticket Box or from the Supplier's office at 1 Slalom Street, Falls Creek, or posted to the Purchaser. 

20. Please note Day and Night tickets are not available at the discounted rate online.