GENERAL RESORT ENTRY PERMIT 2023

Important Conditions of Purchase

These terms and conditions of purchase apply to permits purchased for general resort entry to the Falls Creek Alpine Resort Crown Land Reserve online (Resort). A general resort permit (Permit) can be purchased for 1 day or up to 9 days' entry to the Resort.

1. Each Permit issued by the Falls Creek Alpine Resort (Supplier) is subject to the following conditions (Conditions). Each Permit entitles the relevant holder of the Permit (Permit Holder) to access the Resort during the period stipulated on the Permit.

2. General Resort Entry Permits can only be purchased online before arriving at the Resort.

3. The price of the Permit is the amount set out at fallscreek.com.au/plan-your-trip-winter/resort-entry/ from time to time. No Permit will be issued unless and until the Supplier has received payment of the price in full. Once the person purchasing a permit has paid the purchase price in full, within a short time of purchase, the Permit will be automatically generated in PDF (together with a receipt) and should be printed at home.

4. A Permit Holder must ensure that the Permit is clearly visible and in a prominent place on the lower driver’s side of the front windscreen of the vehicle listed on the Permit and with the expiry date clearly visible before entering into the Resort – Regulation 20(4) Alpine Resorts (Management) Regulations 2020. A Permit Holder will be refused entry to the Resort if the Permit cannot be shown at the time of entry. A fine will be issued to any person/s who have entered the Resort without a Permit or remained in the Resort after their Permit has expired.

5. The Permit:

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

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).

6. The Supplier may at its discretion withdraw or cancel any Permit or refuse entry to the Resort if it determines, in its reasonable opinion, that a Permit Holder has breached any of these Conditions.

7. Subject to Conditions 10 and 27, the Supplier will not be liable to any Permit Holder for any loss or damage (including, but not limited to, indirect or consequential loss or damage, for example, but not limited to, travel and accommodation costs) suffered as a result of or arising from the closure of the Resort (for any reason) including but not limited to road closures

8. Except as set out in Condition 10 and 27, the Supplier will not be liable to refund payments made for Permits under any circumstances, including, but not limited to:

a) change of mind;

b) a Force Majeure Event (other than as outlined in Condition 10) including:

i) fire or explosions;

ii) earthquake or major earth tremor;

iii) tempest, hurricane or cyclone,

iv) flood;

v) avalanche;

vi) lightning strike;

vii) industrial strike;

viii) sabotage, vandalism and malicious damage; and

ix) war and hostilities and civil war;

x) anything else outside our reasonable control, whether similar to the matters above or not;

c)poor snow conditions

d) other facilities within the Resort not operating or open (for example the village shuttle service not operating);

e) where the lift service is not operational (other than as set out in Condition 8.b); or

f) any other circumstance beyond the reasonable control of the Supplier.

9. Subject to Condition 10, the Supplier is excused from performing its obligations under these Conditions to the extent caused by a Force Majeure Event (as set out in Condition b).

10. Subject to Conditions 11 to 13 (inclusive), the Supplier will refund Permit Holders for payments made for Permits only in the following limited circumstances:

a) if the Resort is forced to close due to a Government Directive;

b) if the Victorian Government has issued "stay at home orders" or the Permit Holder has been required by law to isolate during any period of the Permit;

c) if Falls Creek Ski Lifts (operated by Vali Resorts) makes the determination not to operate the lifts for an extended period of time due to COVID19 and and / or Government Directive;

d) if direct access from Mount Beauty to Falls Creek is closed to the general public due to a directive from state government or emergency declaration. For the avoidance of doubt this does not include closures due to an accident, bad weather or the like; or

e) where the Supplier is required by law to provide a refund.

11. If one of the events in Condition 10 occurs, the Permit Holder will be able to apply for a refund as follows:

a) a full refund of the price of the Permit if the Permit has not been used; or

b) a proportionate refund of the price of the Permit will be provided in accordance with the number of days remaining under the Permit that were not used due to an event described in Condition 10 above. This means that the Permit Holder's vehicle was not parked within the Resort on the Permit dates. If the Resort was open to guests during this period, a Statutory Declaration stating the vehicle was not in the Resort may be required at the request of the Supplier.

12. The payment of a refund to Permit Holders under Condition 11 is conditional on the Permit Holder:

a) applying for a refund by 9 October 2023 via the FCAR online form which may be accessed via the Falls Creek website, fallscreek.com.au or, by contacting the Supplier directly at [email protected];  

b) providing proof of purchase of the Permit; and

c) if Condition b applies, providing a statutory declaration confirming that the Permit Holder was subject to a stay at home order or was required by law to isolate during any period of the Permit (if requested by the Supplier).

13. For the avoidance of doubt, refunds will not be automatically processed if an event described in Condition b. occurs. All Permit Holders seeking a refund must apply for the refund in accordance with the process in Condition 12 above (unless otherwise required by law).

14. Refunds will only be made for the specified price of the Permit and will be processed by the Supplier provided Conditions 10 and 12 have been satisfied. Refunds can take up to 14 business days to show in an account.  Refunds will not be provided for fees such as third party service and delivery fees, postal charges, bank fees and other third party charges.  Interest will not be payable in respect of any monies refunded.  No refunds will be made for Permits which, for any reason, were provided free of charge.

15. 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;

c) Alpine Resorts (Management) Regulations 2020;

d) any directive made under the Public Health and Wellbeing Act 2008 (Vic); and

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

16. Permit Holders acknowledge and agree that all ski lifts at the Resort are owned and operated by an independent third party and that purchasing a Resort Entry Car Permit does not guarantee access to ski lifts passes. All ski lift passes are sold independently and separately by Falls Creek Ski Lifts Pty Ltd. The Permit Holder releases the Supplier from any liability in relation to the availability or use of the ski lifts.

17. Permit Holders must park within marked bays or in accordance with the directions of Resort staff or signage. A fine will be issued to Permit Holders who leave vehicles in a position which causes any obstruction to footpaths, roads or are not within marked bays.

18. If the Resort is closed or is inaccessible for one of the reasons set out in Condition 10, the Supplier will use reasonable endeavours to notify Permit Holders. However, the Supplier does not guarantee that Permit Holders will be informed of such closure before they arrive at the Resort.

19. The Supplier is not obliged to replace a Permit or provide a refund for a lost, stolen or damaged Permit but may do so in its absolute discretion (provided the Permit Holder can show satisfactory proof of purchase) in which case the Permit Holder is responsible for any reasonable fees (if any) applicable to the issuing of a new Permit.

20. Permit Holders acknowledge that the Supplier and third parties authorised by the Supplier may make or record film, photographs or other forms of moving picture, still picture or any of them at the Resort (including, but not limited to, of Permit Holders). Each Permit Holder grants to the Supplier and third parties authorised by it, permission to use photographs, film, tape, or other images or likenesses of the Permit Holder in any media (including publication within or outside Victoria, Australia and for any purpose without identification or compensation or payment of any kind).

21. The Supplier collects personal information about patrons attending the Resort. The Supplier may collect the name, address, phone number and email address of permit holders, as well as film, photographic and other footage, for the purposes of conducting research, marketing and promotional activities in respect of the Resort. Film and photographic footage may be used as set out in Condition 21.  If the Permit Holder does not provide the Supplier with the personal information described above:

a) the Permit Holder may not be admitted to the Resort; and

b) the Supplier may not be able to provide the Permit Holder with information about products and services that the Permit Holder may want, including information about discounts, sales or special promotions and / or notification about Resort closure or accessibility (as applicable) as set out in Condition 18.

The Supplier may disclose the personal information it collects to its employees, related bodies corporate, contractors and service providers (including, but not limited to, research, marketing and promotional organisations).  The Supplier is not likely to disclose the information to overseas recipients.

The Supplier's privacy policy is available on its website (www.fallscreek.com.au) and contains more details about:

c) the personal information it collects and how that information is dealt with;

d) how a Permit Holder may access the personal information which the Supplier holds about them and seek correction of that information; and

e) how a Permit Holder may complain about a breach of the Australian Privacy Principles and how the Supplier will deal with such a complaint.

22. Alternatively, to find out more about how the Supplier collects and uses personal information, contact our Privacy Officer at PO Box, Falls Creek VIC 3699, Tel: +61 3 5758 1200, Email: [email protected]

23. Unless a Permit Holder advises the Supplier to the contrary, the Permit Holder consents to receiving future promotional and marketing material from the Supplier and its related entities, including, but not limited to, via electronic messages (e.g. email, SMS etc). If a Permit Holder does not wish to receive promotional and marketing material, they should select the unsubscribe option where applicable or contact the Privacy Officer using the details set out in Condition 22.

24. Permit Holders acknowledge and agree that any part or parts of these Conditions which contravene the law of a relevant jurisdiction and are not enforceable may be read down and are severable and do not invalidate the remaining conditions.

25. These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.

26. The Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (Australian Consumer Law) 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 (Non-Excludable Rights). Other than as set out in Condition 30, these terms and conditions, and in particular any limitations of liability set out in these terms and conditions, are therefore subject to, and will not apply to the extent that they limit or exclude, such Non-Excludable Rights.

27. Subject to Condition 26, and in addition to Condition 30, the Supplier excludes:

a) any term, condition or warranty that may otherwise be implied into these Conditions;

b) any liability for loss, death or personal injury incurred as a result of or in connection undertaking activities at the Resort, howsoever caused;

c) any liability for damage to a Permit Holder's property as a result of or in connection with undertaking activities at the resort howsoever caused; and

d) any liability for indirect or consequential loss (such as loss of profits, loss of revenue and loss of opportunity).

28. Permit Holders indemnify the Supplier, its personnel, contractors and any associated entities (Indemnified Parties) against all loss, liability, damage or expense incurred by any of the Indemnified Parties in connection with undertaking activities at the Resort, to the extent caused by the Permit Holder.

29. Permit Holders consent to receive and agree to pay for any medical or hospital treatment (including without limitation, ambulance transportation) which is considered in the opinion of the Supplier or its personnel to be advisable while at the Resort. Each Permit Holder indemnifies and will keep indemnified on demand the Supplier for all costs associated with any medical treatment required.

30. RISK WARNING – Alpine Resort Conditions

a) To the maximum extent permitted by law, parking of vehicles in the Resort is at your own risk. The Resort / Supplier accepts no liability for damage or loss that may occur to your vehicle while parked in the Resort (except, subject to Condition 30.b, where such loss or damage is directly caused by the Supplier / Resort).

b) Resort operations involve heavy snow clearing machinery operating in difficult conditions.  Incidental damage to vehicles can occur from time to time if vehicles are not parked correctly or Permit Holders do not follow the directions of the Resort / the Supplier. In such circumstances the Supplier / Resort will not be responsible for any loss or damage that occurs during this process (except where such loss or damage is a result of the Resort/Supplier's gross negligence or wilful misconduct).

c) Condition of roads and road surfaces is highly dynamic based on weather, visibility, snow clearing, treatment and surface integrity.  The Resort does not make any guarantee as to the suitability of the roads and car parks for specific vehicles nor guarantee levels of hazard reduction.  All Permit Holders must follow any directions provided by the Resort, including directions regarding the fitting of chains. Permit Holders acknowledge and agree that such directions are necessary to manage and mitigate risks based on the circumstances and conditions at the time.

d) Where circumstances arises such that the Supplier forms the view that there is a risk to you or other Permit Holders (e.g. if a vehicle falls off a road, becomes trapped or is otherwise located in a position that poses a risk to you or other Permit Holders), the Resort or a nominated third party may move your vehicle or take any other action that it considers reasonably necessary at the time in order to remove or mitigate such risk. The Supplier / Resort will not be responsible for any loss or damage that occurs during this process (except where such loss or damage is a result of the Supplier's gross negligence or wilful misconduct).

e) Walking within an alpine village has inherent risks due to the prevalence of snow and ice.  The Resort does not make any guarantee as to the hazard status of public access areas that are highly impacted by weather conditions. Permit Holders must use extreme caution and take appropriate hazard reduction measures (such as boot chains) to ensure you can safely navigate these areas.

f) Falls Creek Village area roads are shared zones with over snow machinery, skiers and walkers.  Permit Holders must us extreme caution at all times when navigating these areas.

31. RISK WARNING – Recreational activities including skiing, snowboarding, using ski lifts, snow tubing, tobogganing and snow play involve significant risk of physical harm including personal injury, permanent disability and / or even death and all Permit Holders acknowledge and voluntarily assume the risks associated with and arising from these activities.

To the extent permitted by the law and in respect of any Recreational Activities, Permit Holders hereby release and discharge each of the Supplier, its personnel, contractors and any associated entities from all and any claims, loss, damage, costs and expense arising from any:

a) death;

b) physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);

c) contraction, aggravation or acceleration of a disease of an individual; or

d) coming into existence, 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 that is or may be harmful or disadvantageous to the individual or community or that may result in harm or disadvantage to the individual or community,

however it may be caused and even if caused by negligence or lack of due care and skill of the Supplier, its personnel, contractors and any associated entities, arising from or connected with the supply or organisation of or participation in recreational services or recreational activities, except to the extent that it is caused by the reckless conduct of the Supplier, its personnel, contractors or any associated entities. The release in this Condition 32 is intended to exclude the Permit Holders rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.

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 the recreational services it supplies to you: (a)   are rendered with due care and skill; and (b)   are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and (c)    might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the Supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you participate in recreational activities, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and 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 this notice. NOTE: The change to your rights, as set out in this notice, 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.

 

Important Conditions of Purchase

1. These Conditions apply when a person (Purchaser) purchases either an Early Bird Season Permit or over 65s Early Bird Season Permit for the 2023 snow season (as declared by the Falls Creek Alpine Resort Management Board pursuant to the Alpine Resort (Management) Regulations 2020).

2. These Conditions incorporate the Resort Entry Season Permit Conditions. Please visit fallscreek.com.au/termsconditions/ to view the Resort Entry Season Permit conditions

3. The 2023 Early Bird Permit offer is valid for purchases made between 28 February 2023 to 11:59pm 31 March 2023.

4. The Early Bird Permit offer is valid for online purchases only made through the Falls Creek Resort Management online sales facility – www.fallscreek.com.au

5. Purchasers will be eligible for a 2023 Falls Creek Resort Vehicle Entry Season Permit at the following price:

a) $475 for general; or

b) $380 for over 65s.

6. The relevant purchase price can only be paid in full at the time of booking in 2023

7. The Purchaser can elect at the time of purchase to have the Permit sent to them by Registered Post via Australia Post or may collect the Permit from any of the Venues listed in the Resort Entry Season Permit Conditions.

Important Conditions of Purchase

These terms and conditions of purchase apply to permits purchased for general resort entry to the Falls Creek Alpine Resort Crown Land Reserve (Resort) available for purchase online via www.fallscreek.com.au.  A Resort Entry Season Permit (Permit) can be used during the 'snow season' as declared by the Falls Creek Alpine Resort pursuant to the Alpine Resorts (Management) Regulations 2020 (Declared Snow Season).

1. Each Permit issued by the Falls Creek Alpine Resort (Supplier) is subject to the following conditions (Conditions).

2. Each Permit entitles the relevant holder of the Permit (Permit Holder) to access the Resort during the Declared Snow Season.

3. The price of the Permit is the amount set out at https://www.fallscreek.com.au/plan-your-trip-winter/resort-entry/ from time to time. No 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 an online purchase during the sale period 28 February to midnight 31 March 2023 and made payment in full of the Balance by the Debit Date (as those terms are defined in the Early Bird Terms and Conditions). A Permit Holder must ensure that the Permit is 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 before entering into the Resort – Regulation 20(4) Alpine Resorts (Management) Regulations 2020. A Permit Holder will be refused entry to the Resort if the Permit cannot be shown at the time of entry.

4. The Permit is only available in respect of privately registered motor vehicles (less than 10 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. A Permit Holder who has a trailer must stop at Howman’s Gap Ticket Box to purchase a separate Permit for the trailer. Trailer access will be determined by the Supplier and are subject to road and access conditions. For the avoidance of doubt, trailers must not enter the Resort during the Declared Snow Season without express permission from the Supplier.

5. The Permit does not allow village access other than in instances of low or no snow on the village roads in which case the Supplier may determine (in its absolute discretion) to allow access for a maximum 30 minute baggage drop off.

6. Where a vehicle with a Permit is sold, damaged or the windscreen broken, the Permit must be removed and the Permit (or as much of the Permit that remains intact, which if possible, should include the Permit number) returned to the Supplier for a replacement. For the avoidance of doubt, a Permit is 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 $30.00 will apply.

7. 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; and

d) must be collected from the following venues in the order shown below during its operating hours (which are available at www.fallscreek.com.au):

i). Howman's Gap Resort Entry Ticket Box at Howman's Gap however if this venue is closed then;

ii) the Accommodation Transfer Service Building located at Bogong High Plains Road, Falls Creek however if this venue is closed then;

iii) the Supplier's office located at 1 Slalom Street, if the Permit Holder arrives after operating hours on the previous day.

8. The Supplier may at its discretion withdraw or cancel any Permit or refuse entry to the Resort if it determines, in its reasonable opinion, that a Permit Holder has breached any of these Conditions.

9. Subject to Conditions 12 and 29, the Supplier will not be liable to any Permit Holder for any loss or damage (including, but not limited to, indirect or consequential loss or damage, for example, but not limited to, travel and accommodation costs) suffered as a result of or arising from the closure of the Resort for any reason) including but not limited to road closures.

10. Except as set out in Condition 12 and 29, the Supplier will not be liable to refund payments made for Permits under any circumstances, including, but not limited to:

a) change of mind;

b) a Force Majeure Event (other than as outlined in Condition 12) including:

i) fire or explosions;

ii) earthquake or major earth tremor;

iii) tempest, hurricane or cyclone;

iv) flood;

v) avalanche;

vi) lightning strike;

vii) industrial strike;

viii) sabotage, vandalism and malicious damage; and

ix) war and hostilities and civil war;

x) anything else outside our reasonable control, whether similar to the matters above or not;

c) poor snow conditions;

d) other facilities within the Resort not operating or open (for example the village shuttle service not operating);

e) where the lift service is not operational (other than as set out in Condition 10.b); or

f) any other circumstance beyond the reasonable control of the Supplier.

11. Subject to Condition 12, the Supplier is excused from performing its obligations under these Conditions to the extent caused by a Force Majeure Event (as set out in Condition b).
12. Subject to Conditions 13 to 15 (inclusive), the Supplier will refund Permit Holders for payments made for Permits only in the following limited circumstances:

a) if the Resort is forced to close due to a Government Directive;

b) if the Victorian Government has issued "stay at home orders" or the Permit Holder has been required by law to isolate during any period of the Permit;

c) if Falls Creek Ski Lifts (operated by Vail Resorts) makes the determination not to operate the lifts for an extended period of time due to COVID19 and / or a Government Directive ;

d) if direct access from Mount Beauty to Falls Creek is closed to the general public due to a directive from state government or emergency declaration. For the avoidance of doubt this does not include closures due to an accident, bad weather or the like ; or

e) where the Supplier is required by law to provide a refund.

13. If one of the events in Condition 12 occurs, the Permit Holder will be able to apply for a refund as follows:

a) a full refund of the price of the Permit if the Permit Holder has not had access to the Resort within the Declared Snow Season; or

b) a proportionate refund of the price of the Permit will be provided in accordance with the Pro-rata Refund Schedule below;

Number of Days Permit Used	Refund Percentage (of purchase price)
0 days	100%
1 day	90%
2 days	80%
3 days	70%
4 days	60%
5 days	50%
6 days	40%
7 days	30%
8 days	20%
9 days	10%
10 days +	0%

14. The payment of a refund to Permit Holders under Condition 13 is conditional on the Permit Holder:

a) applying for a refund by 9 October 2023 via the FCAR online form which may be accessed via the Falls Creek website, fallscreek.com.au or, by contacting the Supplier directly at [email protected]; and

b) providing proof of purchase of the Permit;

c) returning the Permit to the Supplier via registered post (at its cost) within two weeks of receiving confirmation by the Supplier that the Purchaser has met the refund conditions; and

d) if Condition b applies, providing a statutory declaration confirming that the Permit Holder was subject to a stay at home order or was required by law to isolate during any period of the Permit (if requested by the Supplier).

15. For the avoidance of doubt, refunds will not be automatically processed if an event described in Condition b occurs. All Permit Holders seeking a refund must apply for the refund in accordance with the process in Condition 14 above (unless otherwise required by law).

16. Refunds will only be made for the specified price of the Permit and will be processed by the Supplier on receipt of the returned Permit as required under Condition c (and provided Conditions 12 and 14 have been met). Refunds can take up to 14 business days to show in an account. Refunds will not be provided for fees such as third party service and delivery fees, postal charges, bank fees and other third party charges.  Interest will not be payable in respect of any monies refunded.  No refunds will be made for Permits which, for any reason, were provided free of charge.

17. 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;

c) Alpine Resorts (Management) Regulations 2020;

d) any directive made under the Public Health and Wellbeing Act 2008 (Vic); and

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

18. Permit Holders acknowledge and agree that all ski lifts at the Resort are owned and operated by an independent third party and that purchasing a Permit does not guarantee ski lift access or ski lift passes. All ski lift passes are sold independently and separately by Falls Creek Ski Lifts Pty Ltd. The Permit Holder releases the Supplier from any liability in relation to the availability or use of the ski lifts.

19. Permit Holders must park within marked bays or in accordance with the directions of Resort staff or signage. A fine will be issued to Permit Holders who leave vehicles in a position which causes any obstruction to footpaths, roads or is outside of marked parking bays.

20. If the Resort is closed or is inaccessible for one of the reasons set out in Condition 12, the Supplier will use reasonable endeavours to notify Permit Holders. However, the Supplier does not guarantee that Permit Holders will be informed of such closure before they arrive at the Resort. Permit Holders should regularly check the Falls Creek website, fallscreek.com.au for up to date information about the Resort (including closures).

21. The Supplier is not obliged to replace a Permit or provide a refund for a lost, stolen or damaged Permit but may do so in its absolute discretion (provided the Permit Holder can show satisfactory proof of purchase) in which case the Permit Holder is responsible for any reasonable fees (if any) applicable to the issuing of a new Permit.

22. Permit Holders acknowledge that the Supplier and third parties authorised by the Supplier may make or record film, photographs or other forms of moving picture, still picture or any of them at the Resort (including, but not limited to, of Permit Holders). Each Permit Holder grants to the Supplier and third parties authorised by it, permission to use photographs, film, tape, or other images or likenesses of the Permit Holder in any media (including publication within or outside Victoria, Australia and for any purpose without identification or compensation or payment of any kind).

23. The Supplier collects personal information about patrons attending the Resort. The Supplier may collect the name, address, phone number and email address of permit holders, as well as film, photographic and other footage, for the purposes of conducting research, marketing and promotional activities in respect of the Resort. Film and photographic footage may be used as set out in Condition 22.  If the Permit Holder does not provide the Supplier with the personal information described above:

a) the Permit Holder may not be admitted to the Resort; and

b) the Supplier may not be able to provide the Permit Holder with information about products and services that the Permit Holder may want, including information about discounts, sales or special promotions and / or notification about Resort closure or accessibility (as applicable) as set out in Condition 18.

The Supplier may disclose the personal information it collects to its employees, related bodies corporate, contractors and service providers (including, but not limited to, research, marketing and promotional organisations).  The Supplier is not likely to disclose the information to overseas recipients.

The Supplier's privacy policy is available on its website (www.fallscreek.com.au) and contains more details about:

c) the personal information it collects and how that information is dealt with;

d) how a Permit Holder may access the personal information which the Supplier holds about them and seek correction of that information; and

e) how a Permit Holder may complain about a breach of the Australian Privacy Principles and how the Supplier will deal with such a complaint.

24. Alternatively, to find out more about how the Supplier collects and uses personal information, contact our Privacy Officer at PO Box 50, Falls Creek VIC 3699, Tel: +61 3 5758 1200, Email: [email protected]

25. Unless a Permit Holder advises the Supplier to the contrary, the Permit Holder consents to receiving future promotional and marketing material from the Supplier and its related entities, including, but not limited to, via electronic messages (e.g. email, SMS etc). If a Permit Holder does not wish to receive promotional and marketing material, they should select the unsubscribe option where applicable or contact the Privacy Officer using the details set out in Condition 25.

26. Permit Holders acknowledge and agree that any part or parts of these Conditions which contravene the law of a relevant jurisdiction and are not enforceable may be read down and are severable and do not invalidate the remaining conditions.

27. These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.

28. The Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (Australian Consumer Law) 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 (Non-Excludable Rights). Other than as set out in Condition 32, these terms and conditions, and in particular any limitations of liability set out in these terms and conditions, are therefore subject to, and will not apply to the extent that they limit or exclude, such Non-Excludable Rights.

29. Subject to Condition 29, and in addition to Condition 32, the Supplier excludes:

a)any term, condition or warranty that may otherwise be implied into these Conditions;

b) any liability for loss, death or personal injury incurred as a result of or in connection undertaking activities at the Resort, howsoever caused;

c) any liability for damage to a Permit Holder's property as a result of or in connection with undertaking activities at the resort howsoever caused; and

d) any liability for indirect or consequential loss (such as loss of profits, loss of revenue and loss of opportunity).

30. Permit Holders indemnify the Supplier, its personnel, contractors, 4 Site Australia Pty Ltd and any associated entities (Indemnified Parties) against all loss, liability, damage or expense incurred by any of the Indemnified Parties in connection with undertaking activities at the Resort, to the extent caused by the Permit Holder.

31. Permit Holders consent to receive and agree to pay for any medical or hospital treatment (including without limitation, ambulance transportation) which is considered in the opinion of the Supplier or its personnel to be advisable while at the Resort. Each Permit Holder indemnifies and will keep indemnified on demand the Supplier for all costs associated with any medical treatment required.

32. RISK WARNING – Alpine Resort Conditions

a) To the maximum extent permitted by law, parking of vehicles in the Resort is at your own risk. The Resort / Supplier accepts no liability for damage or loss that may occur to your vehicle while parked in the Resort (except, subject to Condition b, where such loss or damage is directly caused by the Supplier / Resort).

b) Resort operations involve heavy snow clearing machinery operating in difficult conditions.  Incidental damage to vehicles can occur from time to time if vehicles are not parked correctly or Permit Holders do not follow the directions of the Resort / the Supplier. In such circumstances the Supplier / Resort will not be responsible for any loss or damage that occurs during this process (except where such loss or damage is a result of the Resort/Supplier's gross negligence or wilful misconduct).

c) Condition of roads and road surfaces is highly dynamic based on weather, visibility, snow clearing, treatment and surface integrity.  The Resort does not make any guarantee as to the suitability of the roads and car parks for specific vehicles nor guarantee levels of hazard reduction.  All Permit Holders must follow any directions provided by the Resort, including directions regarding the fitting of chains. Permit Holders acknowledge and agree that such directions are necessary to manage and mitigate risks based on the circumstances and conditions at the time.

d) Where circumstances arises such that the Supplier forms the view that there is a risk to you or other Permit Holders (e.g. if a vehicle falls off a road, becomes trapped or is otherwise located in a position that poses a risk to you or other Permit Holders), the Resort or a nominated third party may move your vehicle or take any other action that it considers reasonably necessary at the time in order to remove or mitigate such risk. The Supplier / Resort will not be responsible for any loss or damage that occurs during this process (except where such loss or damage is a result of the Supplier's gross negligence or wilful misconduct).

e) Walking within an alpine village has inherent risks due to the prevalence of snow and ice.  The Resort does not make any guarantee as to the hazard status of public access areas that are highly impacted by weather conditions.  Permit Holders must use extreme caution and take appropriate hazard reduction measures (such as boot chains) to ensure you can safely navigate these areas.

f) Falls Creek Village area roads are shared zones with over snow machinery, skiers and walkers.  Permit Holders must use extreme caution at all times when navigating these areas.

33. RISK WARNING – Recreational activities including skiing, snowboarding, using ski lifts, snow tubing, tobogganing and snow play involve significant risk of physical harm including personal injury, permanent disability and / or even death and all Permit Holders acknowledge and voluntarily assume the risks associated with and arising from these activities.

To the extent permitted by the law and in respect of any Recreational Activities, Permit Holders hereby release and discharge each of the Supplier, its personnel, contractors, 4 Site Australia Pty Ltd and any associated entities from all and any claims, loss, damage, costs and expense arising from any:

a) death;

b) physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);

c) contraction, aggravation or acceleration of a disease of an individual; or

d) coming into existence, 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 that is or may be harmful or disadvantageous to the individual or community or that may result in harm or disadvantage to the individual or community,

however it may be caused and even if caused by negligence or lack of due care and skill of the Supplier, its personnel, contractors, 4 Site Australia Pty Ltd and any associated entities, arising from or connected with the supply or organisation of or participation in recreational services or recreational activities,  except to the extent that it is caused by the reckless conduct of the Supplier, its personnel, contractors, 4 Site Australia Pty Ltd or any associated entities. The release in this Condition 34 is intended to exclude the Permit Holders rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.

 

 

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 the recreational services it supplies to you: (a)    are rendered with due care and skill; and (b)    are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and (c)    might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the Supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you participate in recreational activities, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and 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 this notice. NOTE: The change to your rights, as set out in this notice, 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.

 

 

Important Conditions of Purchase

1. These Conditions incorporate the Resort Entry Season Permit Conditions. Please visit fallscreek.com.au/termsconditions/ to view the Resort Entry Season Permit conditions.
2. People aged 65 and over at the time of purchase are eligible for a discounted rate as nominated at  fallscreek.com.au/plan-your-trip-winter/resort-entry/ for purchase of a Falls Creek Resort Entry Over 65s Season Permit.
3. Resort Entry Season Permits with discounts are available for purchase online but will not be issued until proof of purchase, proof of age and vehicle ownership is provided in person to Falls Creek Alpine Resort.
4. Permits must be collected at the Howman’s Gap Resort Entry Ticket Box or from the Falls Creek Alpine Resort office located at 1 Slalom Street, Falls Creek during operating hours (which are available at fallscreek.com.au) and all documentation referred to in Condition 3 must be presented.
5. If at any time, it is discovered a person has used the discount without being entitled to it, they will be required to pay the difference between the discounted purchase price and the general purchase price in order to have the permit issued to them.
6. No registered postage is available on Over 65’s product purchases.
7. Short Term General Resort Entry Permits are not available at the discounted rate.