Falls Creek Alpine Resort (FCAR, 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 FCAR’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 FCAR'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 Australia
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 Australia
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

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

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 FCRM 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.

 

 

Resort Entry Season Permit and Over 65’s Season Permit

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 Alpine Resort 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. Postage will be charged in addition to the price of the Permit (and is non-refundable). It is the purchaser's responsibility to provide accurate postal details. The Supplier will not be responsible for any Permits that are lost in transit.

8. Dates during which an Early Bird Permit is offered for sale are subject to change and are at the discretion of FCAR.

9. The Early Bird offer cannot be used in conjunction with any other discounted or promotional offers.

10. The Purchaser acknowledges that the Early Bird Permit is equivalent to a standard vehicle Resort Entry Vehicle Season Permit, offered at a discounted price.

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 Resort Management 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.

Falls Creek Alpine Resort ABN 33 432 219 067 ("FCAR", "we", "us") uses its websites and various social media channels, including Facebook and LinkedIn, to publish information about our organisation and to engage with our stakeholders and the community.

We encourage you to visit and use our social media pages and interactive parts of our websites ("social media channels") to provide us with feedback and engage in discussion with other users on matters that relate to our organisation or the subject matter of the relevant social media channel.

We have developed these house rules to explain how we manage our social media channels. 

By using our social media channels and/or groups moderated by us on any of these channels you agree to comply with these rules.

Rules for using our social media channels/and or groups moderated by us on any of these channels

When you post or comment, you must:

• be honest and genuine about any opinions you express;
• represent your own views - in particular, you must not:
  • impersonate or falsely represent any other person, organization or group that you are not authorised to represent; or
  • misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;
• be polite and respectful in your interactions with other users; and
• comply with applicable laws in Australia and any other relevant country, including by ensuring that you have all necessary rights and permissions to any content or information that you choose to post.

We do not permit any comments or posts (or any other uses of our social media channels) that:

• are factually inaccurate or misleading (whether deliberately or unintentionally);
• deliberately spread misinformation that is unproven or unsupported;
• involve trolling or other deliberately disruptive or inflammatory behaviour (including the use of insulting, provocative or hateful language);
• constitute spam or are otherwise repetitive in nature (including where a user makes repeated posts expressing the same view or opinion);
• are not relevant to our organisation or the subject matter of the social media channel;
• are discriminatory in any way (including on the grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation or age);
• constitute bullying or are likely to harass, upset, alarm, disrupt, or cause distress;
• are insulting, offensive, abusive, violent, defamatory, slanderous or threatening to any individual, organisation or group of people;
• make unproven or unsupported allegations against an individual, organization or group of people;
• contain or link to spam, viruses or harmful code or sexually explicit, obscene, indecent or otherwise objectionable content;
• reveals private information about an individual, or confidential information of any person or organisation, without their consent;
• infringes the rights (including intellectual property rights or privacy rights) of any other person or entity;
• breaches any applicable laws, rules and regulations, or the terms of use and policies of the relevant social media platform;
• contain promotional, sales, marketing, fundraising or advertising material for any other business that we have not approved; or
• promote political campaigns or involve overtly political content.

We also do not permit the use of bots to engage with our social media channels and we reserve the right to block bot accounts and delete any comments or posts from bot accounts.

Our social media channels are public forums. If you are concerned about the visibility of any of your posts or comments we encourage you to use the privacy settings available to you on the relevant social media platform. 

Posting details of any conversations you have had with others outside of the social media channel (for example, in offline discussions or email correspondence) is prohibited unless you have the prior written consent of all relevant parties to those conversations/correspondence to do so.

We reserve the right to:

• treat any comments or posts on our social media channels as non-proprietary and non-confidential; and
• collect, use, disclose and reproduce such comments and posts for our general business purposes, commercial or otherwise, without any requirement to provide attribution or compensation to you.

Our content moderation policy

While we welcome your opinions and encourage you to engage in robust discussion, we  reserve the right to review and moderate any content that is posted to our social media channels and/or groups moderated by us on any of these channels, including comments and replies.

We may (with or without prior notice to you):

• temporarily or permanently hide, remove or delete your comment or post if it breaches these rules, is factually inaccurate or is otherwise unlawful or objectionable;
• refuse to approve your post or comment (if the post or comment is subject to a pre-approval requirement); or
• restrict or block you (or otherwise suspend or terminate access) if you repeatedly or seriously breach these rules or infringe the rights of others.

We also reserve the right to investigate any reported or suspected breach of these rules (or any other use of our social media channels that is objectionable or unlawful) and take such actions as we consider appropriate following the investigation, including (but not limited to):

• providing your identity and/or contact details to another user who has made credible allegations that you have defamed them or otherwise infringed their rights; and
• reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

If we consider that a particular conversation or topic is not relevant or appropriate for our social media channel (or has become repetitive), we reserve the right to remove the relevant posts and comments and ask the relevant users to move their conversation to a different forum.  We are not responsible for resolving disputes between you and other users.

Please contact our social media team (using the details below) if you wish to complain about a post or comment, or if you think we've made a mistake about a particular content moderation decision.  However, we reserve the right to make the final decision on all content moderation issues.

Our social media team checks our social media channels periodically, as we consider necessary and appropriate. However, we do not guarantee that our social media pages will be monitored or moderated continuously or during any particular hours.

How to contact us

If you have any questions, concerns or complaints you can contact our social media team at: [email protected].

If you are making a complaint about a particular post or comment, we ask that you identify the relevant post or comment and explain the reason for you complaint.  We may ask you to provide further details to help us with assessing your complaint.

Our social media team aims to respond to all complaints and queries in a timely manner.

Other matters

When using our social media channels, please be aware of the following:

• Social media platform terms. The social media platforms that we use have their own terms and conditions, content moderation policies and privacy policies.  We encourage you to familiarise yourself with these terms and policies, as they will apply in addition to our social media house rules.  We are not responsible for any content moderation decisions or other actions taken by the platform provider.
• Content posted by other users. The views expressed by other users in their posts and comments are the views of those users, and should not be assumed to reflect our views or have our endorsement.  We do not guarantee that any information posted by other users is accurate, complete,  reliable or up-to-date.
• Following and sharing. If our social media account responds to your post, comment or account on the platform (e.g. a "like", share, follow, re-tweet etc), this should not be assumed to constitute our endorsement.
• Third party content and links. Our social media channels may display content from third parties or contain links to websites operated by other organisations and individuals which have been posted by us or other users.  This does not constitute our endorsement, approval or recommendation of the third party content or website. 
• Privacy Policy. Your use of our social media channels is also subject to our Privacy Policy, which is available on our website https://www.fallscreek.com.au/privacy-policy/). 

Changes to these rules

We may revise these rules at any time by publishing the amended version on our website at www.fallscreek.com.au.

We encourage you to periodically check back for changes and, if you do not agree with any of the changes, cease using or accessing our social media channels. By continuing to use our social media channels after such changes are published, you agree to comply with the updated rules.

Version Date: August 2022

When requesting a free subscription to the Falls Creek newsletter, information collected will not be provided to any third party except authorised FCAR 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.

1. This website is owned and operated by Falls Creek Alpine Resort (FCAR).
2. By using this website and in consideration of FCAR providing you with access to this website, you agree to the following terms and conditions (Terms), which, together with the Privacy Policy, govern your access to and use of this website. FCAR reserve the right to amend these Terms from time to time. You should review these Terms regularly to check for changes.  Continued use of this website after any such change constitutes an acceptance of the changes.
3. You may have rights, guarantees and remedies under the Australian Consumer Law and similar state and territory laws applicable to consumers and which cannot be lawfully excluded, restricted or modified. These Terms are subject to such rights, guarantees and remedies and will not apply to the extent that they limit or exclude such rights, guarantees and remedies.
4. You must not:
   • use this website in breach of any applicable laws or regulations;
   • use this website for commercial purposes (including for competitive advantage or to the competitive disadvantage of FCAR);
   • use this website to harm, abuse, harass, stalk, threaten or otherwise offend others; or
   • interfere with, disrupt, or create an undue burden on this website.
5. FCAR expressly makes no representation or warranty that this website will be available for use by you at all times or at any particular time. All information on this website is subject to change without notice, including the accommodation information displayed on this website. The products and services described on this website, and information regarding them can be withdrawn or varied at any time without notice.
6. This website contain links to and displays the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). For example, accommodation listings constitute Third Party Content and enquiry and/or booking requests for accommodation on this website are sent to the respective Reservation Centre or accommodation provider.
7. Third Party Content and Third Party Websites are not under FCAR's control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.  If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
8. FCAR is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on this website by any person other than FCAR. FCAR does not endorse any opinion, advice or statement made by any person other than FCAR. FCAR are in no way responsible for the privacy practices of any third party recipients of information sent via forms on this website.
9. While we have made every effort to ensure that any content prepared by us is free from error, to the extent permitted by law, FCAR does not warrant the accuracy, adequacy or completeness of the content prepared by us. Our content is provided as general information only. It is not intended as advice and you acknowledge that you do not rely on any such content and that you will make your own inquiries tailored to your specific circumstances prior to making any decisions concerning such content.
10. Except where FCAR is liable by operation of a right or guarantee that you may have under the law, or other rights in relation to the supply of goods or services which cannot be lawfully excluded, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded.
11. By accessing our website, to the extent permitted by law, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website.
12. You agree to indemnify FCAR in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by FCAR arising (in whole or part) out of the breach of or failure to comply with any of these Terms, or any other default or wrongful conduct by you in relation to the subject matter of these Terms.
13. These Terms are governed by the laws of Victoria, Australia. This website and this website content prepared by FCAR has been prepared for access and use within Australia and FCAR makes no representations or warranties that this website and/or the content complies with the laws of any other jurisdiction.

FCAR 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.

At various times FCAR 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 FCAR and the individual concerned.

For queries concerning this website contact:

Falls Creek Alpine Resort
PO Box 50
Falls Creek Vic 3699
Phone: 03 5758 1200
Fax: 03 5758 3415
Email: [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

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

Falls Creek Alpine Resort (FCAR)

This Refund Policy ("Policy") applies to the following purchases: Falls Creek Alpine Resort Merchandise

(1) CUSTOMER SATISFACTION IS OUR PRIORITY

At Falls Creek Alpine Resort (FCAR), customer satisfaction is our priority.

We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.

Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.

Please read this Policy before making a purchase, so that you understand your rights as well as what you can expect from us in the event that you are not happy with your purchase.

(2) AUSTRALIAN CONSUMER LAW

(a) Under the Australian Consumer Law:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

(f) If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

(g) If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

(3) PURCHASE LIMITS

Purchase limit of maximum (4) pieces of the one item.

(4) CHANGE OF MIND

We do not offer any refund if you simply change your mind, or find the same product or service cheaper elsewhere.

(5) EXCEPTIONS

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service you purchased if:

(a) You misused the said product in a way which caused the problem.

(b) You knew or were made aware of the problem(s) with the product or service before you purchased it.

(c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

(d) Any other exceptions apply under the Australian Consumer Law.

(6) SHIPPING COSTS FOR RETURNS

(a) In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of shipping the said product (the "Returned Product") back to us, as well as any costs of shipping any replacement product to you.

(b) If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.

(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

(7) REFURBISHED PRODUCTS

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

(8) ASSISTANCE FROM MANUFACTURERS

(a) In some cases, manufacturers may provide assistance in relation to their products, and they may be able to resolve your issue more quickly.

(b) In some cases, manufacturers may provide warranties for their products, which go beyond the Consumer Guarantees under the Australian Consumer Law or any other rights which you may have under this Policy.

(c) You are not obliged to contact the manufacturer directly in order to seek a repair, replacement or refund. However, you may do so if you wish.

(9) RESPONSE TIME

We aim to process any requests for repairs, replacements or refunds within 30 days of having received them.

(10) HOW TO RETURN PRODUCTS

(a) You may contact us to discuss a return using the details at the end of this Policy.

(b) We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.

(c) You must provide proof of purchase in order to be eligible for a refund, repair or replacement.

(d) You may be required to present a government issued identification document in order to be eligible for a refund, repair or replacement.

(e) You may return products to the following address:

Falls Creek Alpine Resort
1 Slalom Street
Falls Creek VIC 3699

(11) CONTACT US

If you wish to speak to us about this Policy or about any refund, repairs or replacements, you may contact us at:

[email protected] or call 03 5758 1200

Read Falls Creek Alpine Resort's Child Protection Policy >

Falls Creek Alpine Resort (FCAR) Location Where Used Wi-Fi Hotspot

Terms and Conditions

The Falls Creek Alpine Resort Hotspot End User Terms and Conditions (“Terms”)

This is a free Hotspot wireless internet service (the “Service”) provided by Falls Creek Alpine Resort (“FCAR”) for use by the public. The SSID for this service is FCAR-##########

FCAR may change these Terms at any time. By accessing the Service you accept the terms and conditions below.

You acknowledge and agree that:
1. you are responsible for providing your own wireless enabled device capable of accessing the Service with its own power source. FCAR is not obliged to provide power, advice or assistance for the Service;
2. the Service may be withdrawn, changed or your access blocked at any time without notice. Sessions may be terminated without notice at the discretion of FCAR;
3. session time, IP details and web usage tracking apply to your use of the Service. Your device IP may be recorded.  How this information is used by FCAR is its absolute discretion and without notice to you;
4. the Service may not be used for commercial or business purposes. The Service may only be used for temporary internet access for searching for Falls Creek information, leisure and entertainment. You may not sell or re-sell the Service;
5. You are responsible for the security, privacy and backing up of your information transmitted using the Service;
6. you are responsible for all consents, royalties and fees related to third party materials used via the Service;
7. you must be at least 18 years of age to use the Service, and FCAR is entitled to request you to provide photographic ID as proof of age at any time; and
8. your use of the Service must:
8.1. not interfere with the normal operation of the Service or equipment used in providing the Service;
8.2. be in accordance with all applicable laws and;
8.3. not expose any minor to material that is unsuitable for minors.

FCAR’s liability
9. Your use of the Service is entirely at your own risk. FCAR excludes:
9.1. all liability to you in contract for consequential or indirect damages arising out of or in connection with the Service even if FCAR was aware they were possible or otherwise foreseeable including, without limitation, lost profits and damages suffered as a result of claims by any third person; and
9.2. all liability to you in negligence for acts or omissions of FCAR or its employees, agents or contractors arising out of and in connection with the Service;
10. without limiting FCAR’s rights to do so, FCAR is not obliged to supervise, edit or control the content accessed through the Service, but may choose to do so. FCAR disclaims all liability for material you access via the Service that You or any other reasonable person would find offensive (e.g. pornography), upsetting, defamatory or unsuitable for minors. You agree to take reasonable steps to avoid such content while using the Service; and
11. you agree to indemnify FCAR from any losses, costs or liability FCAR may incur as a result of:
11.1. your use of the Service, including any material that you access or make available using the Service;
11.2. any breach of any aspect of these Terms and use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement.

When you sign this Agreement you are entering into a legally binding contract with us.

This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have to comply with as a Member. These responsibilities, including payment of Membership Fees, do not depend on how often you use our Facilities and Services.

What is set out in this Agreement overrides any statements made by you or us before you signed it so you should read through it fully to make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.

Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD FOR SEASON AND ANNUAL MEMBERSHIPS

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:

Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (See Details and clause 3).

Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance (see clause 5).

Access and Reciprocity: When you join as a Member you can access and use our Facilities and Services.

Cancelling for Medical Reasons: You can cancel your Membership if you sustain a serious illness or a permanent physical incapacity which is confirmed by a doctor. We reasonably agree to you paying the Administration Fee which is 10% of the  Membership Fees (see clause 8).

Attachment A

TERMS AND CONDITIONS

• Definitions
  • Access Code: the number given to you upon the confirmation of your Membership for access to the Facilities and Services.
  • Administration Fee: the Fee payable under clause 2(b), which is 10% of the Membership Fee.
  • Agreement: the Membership Application Form and this Agreement as described in the Important Notice.
  • ACL: means the Australian Consumer Law in the CCA.
  • Cancelation Fee: the Fee payable under clause 2.
  • CCA: the Competition and Consumer Act 2010 (Cth).
  • Declaration: the questionnaire that is a part of this Agreement or other screening we may require you to answer before using the Facilities and Services.
  • Facilities and Services: includes the Gym premises and all exercise areas, bathrooms, equipment, weights, benches, machines, mats and any programs, products, classes and services that you may use (excluding services referred to in clause 14).
  • FCAR: Falls Creek Alpine Resort, ABN 33 432 219 067, 1 Slalom Street, Falls Creek VIC 3699. Tel: (03) 5758 1200. [email protected]. fallscreek.com.au.
  • Fees: fees that apply under this Agreement as set out in the Membership Application Form.
  • Fob Key: the access key that allows you to access the Gym.
  • Fob Key Fee: the Fee payable under clause 4 as set out in the Membership Application Form.
  • Gym: the FCAR Community Gymnasium located at the QT West Building, 17 Bogong High Plains Road, Falls Creek VIC 3699.
  • Important Notice: the part of this Agreement described as this herein.
  • Member: a member of the FCAR Community Gymnasium.
  • Membership: another word used to refer to this Agreement.
  • Membership Application Form: the application form which is a part of this Agreement and linked to these Terms.
  • Membership Fees: the Fees you pay to access the Facilities and Services.
  • Replacement Fob Fee: the amount payable under clause 2(d) as set out in the Membership Application form.
  • Rules: the rules that are referred to in clause 6.
  • Staffed Hours: the hours FCAR main office is staffed, being seven days from 8am to 5pm during the declared winter season, or 9am to 5pm Monday to Friday and 10am to 3pm Saturday to Sunday during the green season.
  • Start Date: when this Agreement has been signed and Fees have been paid and receipted.
  • Terms: the part of this Agreement described as “Terms and Conditions”.
• Joining, Access and Reciprocity
  • When you join the Gym, you will need to give us information noted in the Declaration and provide us with evidence of your identification.
  • On joining we will give you a Fob Key or an Access Code to allow you access to the Facilities and Services.
• Cooling Off
  • If you change your mind after joining a Season or Annual Membership, you have 7 days to cool off or cancel your Membership from the Start Date. To be effective, you must let us know in writing at any time during this 7 day cooling off period. Your written cancellation can be given to us personally, by post or by email.
  • If you cancel your Membership under clause 1, we will charge you the Fob Key Fee and fees for any services or products already supplied but the Membership Fees will be refunded.
• General Use
  • The Falls Creek Community Gymnasium (the gym) is for the use of members only. Any user who has not paid a membership fee will be asked to leave the premises.
  • Falls Creek Alpine Resort (FCAR) officers have the right to request proof of gym membership at any time. If proof of membership cannot be proven, FCAR officers have the right to evict the person(s)
  • It is compulsory that all gym users use a personal towel whilst using the gym.
  • It is compulsory that all gym users wipe down gym equipment post workout. Spray sanitisers are provided for your convenience.
  • FCAR is not responsible for any subsequent injury, illness or incident that occurs in the gym by users.
  • FCAR is not liable for behaviour, conduct or safety of the gym user at any time when exercising. FCAR recommends all gym users to not participate in physical activity until they have medical clearance (GP) to do so.
  • FCAR recommends all gym users conduct themselves in a sensible manner and respect other gym users when using equipment.
  • FCAR recommends that you seek qualified instruction and medical advice before starting an exercise routine.
  • All equipment must be used in the correct manner for which it was designed and each user must give due regard to their own health and safety and to that of others.
  • FCAR will make every effort to maintain the equipment in good condition and in good working order. Any faults found must be reported immediately by using the above mentioned numbers.
  • When any piece of equipment is out of order, no one must use any part of that piece of equipment until it is restored to full working order with any sign/hazard tape removed.
  • Users must behave reasonably at all times. Unreasonable behaviour includes bad language/ racist remarks etc.
  • Water consumption is recommended whilst in the Gym. The use of other drinks such as protein or carbohydrate drinks are permitted, however these can be sticky and users leaving a residue of such drinks anywhere within the Gym, through drips/spills must clean this up thoroughly or lose the right to use such drinks in the gym again.
  • Children under the age of 16 years of age must be supervised by an adult, who also must have a valid gym membership.
• Health and Safety and Acceptable Conduct
  • Your physical condition
    • When you sign this Agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given written clearance by a certified medical practitioner.
    • You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete Declaration on page 2 of the Membership Application Form. In some cases, responses you give will require that you get medical guidance before exercising.  You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
    • You promise that the information you give us will be true and accurate and not misleading in any way.
    • You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others.
    • We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 1.
  • Your Fob Key/Access Code
    • You will need your Fob Key or Access Code each time you access the Facilities and Services.
    • If you lose or forget your Fob Key or Access Code you may access the Facilities and Services during Staffed Hours.
    • You must not let anyone else into the Facilities and Services without approval from FCAR staff or let anyone else use your Fob Key or disclose to anyone else your Access Code. If you break this term, your Membership may be suspended or cancelled.
    • If your Fob Key is lost or stolen you must let us know immediately and obtain a replacement within 14 days or you may be refused access to the Facilities and Services. A Replacement Fob Key Fee will apply.
  • Orientation

You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.

• Proper Use of Equipment

You promise to take care to use the Facilities and Services safely and properly. If you are ever not sure how to operate any equipment properly, you agree to ask FCAR staff first.

• FCAR Community Gym Rules
  • Rules apply to everyone using the Facilities and Services. They are usually displayed in the Gym.
  • Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.
  • If you break any of the Rules we will respond in a way we consider fair and appropriate.
  • You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near the Facilities and Services.
• Illegal performance enhancing or other illicit substances

You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near the Facilities and Services.

• Commercial Activity

You acknowledge that engaging in any commercial or business activities in the Facilities and Services, such as offering training services or selling goods in the Gym is prohibited unless we grant you written permission to do so.  If we do give you written permission, we can revoke this at any time.

• Action for inappropriate conduct

If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. Your Membership may be immediately suspended or cancelled (with a Cancellation Fee potentially applying), you may be banned from joining the Facilities and Services and/or we may refer the matter to appropriate authorities.  If your conduct causes us or another person costs, loss or damages you agree to pay for these.

• Security
  • The Gym may have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact FCAR staff if you have questions on this.
  • Emergencies

Call 000 in the event of an emergency.

• Be cautious

You must be cautious when entering, leaving the Gym and using the Facilities and Services. For example, ensure you have a fully-charged mobile phone with you.

• Following Directions

You agree to follow any reasonable direction of FCAR staff relating to health, safety or security matters or related matters.

• Privacy
  • Your personal information

From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances.

• General consent

By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our Privacy policy.

• Up to date contact information

You must tell us promptly if you change your contact details or if there is a change to other relevant personal information, including anything that may affect health or safety.

• Consent to use your image

You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done.

• Other

As noted in clause 6.1, CCTV camera recording may be used in the Gym (except in bathrooms).

Members and guests are not allowed to take photos and/or videos in Gym unless specific permission is granted by the FCRM.

• When you can end this Agreement
  • If you need to notify or tell us anything in writing under this clause:
    • you can give this to us in person, by e mail or post;
    • it would be useful to provide your Membership number (if you know it);
    • you must also attach any required proof such as a medical certificate.
  • Cancelling for medical reasons
    • You can cancel your Membership at any time by telling us in writing if you cannot use the Facilities and Services because you have contracted a serious illness or a permanent physical incapacity during the term of your Membership. This must be certified in writing by a medical practitioner. We may contact the doctor or other professional for verification purposes.
    • If you cancel under clause 8.2(a), we can charge you the Administration Fee.
  • Cancelling for reasons other than medical
    • There will be no refund of the Membership Fees.
  • When can we end this Agreement
    • In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you choose not to in a reasonable time.
    • If we cancel your Membership under clause 1, you will be liable for Fees incurred, ie the Administration Fee and the Fob Key Fee. We may also recover costs, loss or damages caused by your breach.
  • Fees
    • General
      • The Fees you pay for your Membership and access to the Facilities and Services are outlined in the Membership Application Form.
      • The Fees are due upfront to enable you access to the Facilities and Services.
    • Administration Fee

The Administration Fee will be incurred when your Season or Annual Membership is cancelled without any certified medical evidence of an illness or permanent injury.  The Administration Fee is 10% of the Season or Annual Membership Fee.

• Fob Key Fee

This is the Fee charged to buy a Fob Key and is not refundable except in accordance with clauses 3 and 8.2. If you need a replacement Fob Key a Replacement Fob Key Fee will apply.

• Membership Fee

Membership Fees are outlined in the Membership Application Form.

• Cancellation Fee

There is no refund for Membership Fees if you cancel your Membership for reasons other than medical that are evidenced by a certified medical practitioner.

• Other Services
  • There may be other services, including personal training services, offered at the Gym by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions.
  • We are not responsible for these third party provided services including fees or any associated costs, claims or refunds, unless they are provided by us.
• Changes to your Agreement
  • We may sometimes be required to make changes to the Agreement, including our Rules. If we do this, we, will try to do so fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.
  • We will make reasonable efforts to tell you of any change in advance and when it will take effect.
• Our Liability to You
  • Statutory Guarantees
    • Under the ACL we guarantee that the Facilities and Services we supply are:
      • provided with due care and skill; and
      • reasonably for any purpose you have told us you are using the them for;
    • Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL
    • If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL
    • This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
  • State based notices (Victoria)

The ACL Exclusion Notice: “Warning Under the ACL and Fair Trading Act 2012” applies if attached to this Agreement and signed by you (Attachment B).

• Other implied terms

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 13.1 and 13.2, we are not liable for death or injury caused by our negligence  or breach of implied terms that services will be provided with reasonable  care and skill at common law. This does not exclude our liability for reckless conduct.

• Loss of property

You promise not to unnecessarily bring valuables into the Gym and agree that it is not the obligation of FCAR to look after unattended property.

• Your responsibility for damage

You agree to pay for any loss or damage to FCAR of the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of the Agreement.

• Closures
  • We may need to close the Facilities and Services for a period of time, for example, due to an emergency, and special event, or if required by a court order or by law.
  • If we close the Facilities and Services for less than 15 consecutive days, the Membership Fees will still apply. If the Facilities and Services are closed for longer than 15 consecutive days, the Membership will be extended by the same amount of days exceeding the first 15 consecutive days.
  • We will endeavour to inform you of any closures at the earliest opportunity.
• Complaints and Feedback
  • If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with FCAR
  • If you are uncomfortable about approaching, or do not wish to approach FCAR staff in person, or are not happy with the response given, you may send a complaint to the FCAR Head Office at PO Box 50, Falls Creek VIC 3699, or by email to [email protected].
  • Complains will be dealt with in accordance with the Complaints policy.
• General Legal Matters
  • Unexpected events

We are not responsible if Members cannot use our Gym because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately  by written notice. No Fee will apply.

• Severability

If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

• Waiver

If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.

• Entire agreement

You agree that we have not made any representations or promises that you have relied that are not in this Agreement.

• Applicable law

The law of the State of Victoria applies to this Agreement.

- END -

Attachment B

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Australian Consumer Law and Fair Trading Regulations 2012
Regulation 6, Schedule 3

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law 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 sign this form, 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 form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

General

1.The Promoter is Falls Creek Alpine Resort  – ABN 33 432 219 067.

2. Information on how to enter and prizes available forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
3. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

Who can enter

4. Entry is open to all residents of Australia over the age of 18 years old except employees of the Promoter.
5. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to enter

6. The competition commences on 21/09/2022 at 12.01am AEST and closes 11.59pm AEDT on 06/11/2022. Entries must be received by the Promoter prior to the competition close date and time.
7. The time of entry will in each case be the time the online entry is received by the Promoter database, not at the time of transmission by the entrant.
8. The Promoter accepts no responsibility for any late, lost or misdirected entries

How to enter

9. Entrants may enter the competition by logging onto www.fallscreek.com.au/competition-name-mtb-trails and providing their name, email address, postcode and communication preferences to submit their entry.
10. Entrants may be added to the Falls Creek Alpine Resort email database, with the option of unsubscribing at any point in time.
11. Any entry that is made on behalf of an entrant by a third party will be invalid.
12. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion, which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter.

Number of Entries permitted

13. Entrants may enter multiple times. Only one prize will be awarded per person.

Determination and Notification of winner

14. The winner will be chosen from a valid entry submitted in accordance with these terms and conditions by the judging panel made up of a representative from Blue Dirt, Bright Brewery, and Falls Creek Resort Management. The winner will be announced at the Ignition MTB Festival (19^th November).
15. If the winning name is entered by two separate entrants, the prize will be awarded to the entrant who submitted first by date.
16. If any particular determination is scheduled on a public holiday or weekend, the determination will take place on the following business day.
17. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
18. The winner/s will be notified by email within two days of being determined.
19. Prizes will be awarded to the person named in the entry.
20. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
21. If the winner has not acknowledged winning the prize by 5pm AEDT on the 18/12/2022, then they will forfeit the prize in accordance with these terms and conditions. The winner of the unclaimed prize will be notified by phone By 10am AEDT on 21/12/2022 by Falls Creek Alpine Resort.

Prize on offer

22. The prize is presented to all three winners (one winner per mountain bike trail).
23. Accommodation at St Falls Resort – conditions of stay:

• The prize presented is a complimentary two-night consecutive stay at St Falls Resort Falls Creek for 2 adults.  The stay is for a room based on two adults sharing.
• Any additional expenses will be charged to the guest account. 
• The stay must be made in the following dates;  Friday 25th November to Friday 2nd December 2022, Monday 30th January to Sunday 30^th April 2023.
• There is no cash alternative for the prize and the prize is not negotiable or transferable.
• In order to claim the prize the winner must make a reservation request directly with
• The complimentary stay can only be used with new bookings and therefore cannot be used in conjunction with an existing booking at St Falls Resort.
• The complimentary stay for two nights cannot be split.
• The stay is non-flexible and once a reservation is confirmed, no alterations or cancellations can be made. In case of alteration or cancellation, the complimentary stay shall be forfeited.

24. Blue Dirt Shuttles – conditions of prize:

The Blue Dirt shuttle passes prize includes 2 x single day pass shuttles for an adult at Falls Creek. These tickets can be redeemed during the following periods: Friday 25th November to Friday 2nd December 2022, Monday 30th January to Sunday 30^th April 2023 and is only available for redemption for the product noted above and is not redeemable for cash. They can only be redeemed on dates that the shuttles are running and bookings are available. Tickets are courtesy of Blue Dirt. Voucher only valid for redemption at Falls Creek.

25. Bright Brewery will provide one case of beer to the winning submissions. Claiming of the prize can be made at Bright Brewery in Bright or organised through Falls Creek Resort Management to be delivered to Falls Creek for booked stay. Proof of age must be provided at time of acceptance. Prize is to be redeemed prior to Sunday 30^th April 2023.
26. The Last Hoot voucher can be used for any food at The Last Hoot and is to be redeemed prior to Sunday 30^th April 2023.
27. Prizes cannot be transferred, exchanged or redeemed for cash.
28. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. No additional cash or prizes will be offered and the participant will be liable for any additional costs to attend Falls Creek (including but not limited travel insurance, travel cost, medical costs)

Further Terms and Conditions

30. The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
31. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
32. If for any reason this competition is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
33. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the internet service provider used.
34. An entrant may not use a third party (including online competition entry site) to enter on their behalf, except where the entrant needs to use those services of that third party to enter due to a disability. If the preceding sentence has been breached, the entrant will have all entries invalidated, any claim to any prize will be invalidated and where such an entrant has already been awarded a prize before being found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
35. Any entrant found to be entering incorrect contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
36. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute for a suitable prize at Falls Creek.
37. The Promoter reserves the right to determine the winner in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.

Copyright, Statutory guarantees, Waiver and liability

38. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
39. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition, subject to any directions given under State Regulation.
40. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
41. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
42. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). The Promoter collects personal information about you for the purposes of conducting this promotion but no further use of this information will be made without prior consent.
43. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, in future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant can unsubscribe from email promotion at any time. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.
44. For purposes of public statements and advertisements the Promoter will only publish the winner’s name, initial of surname and state. A request to access, update or correct any information should be directed to the Promoter.

Contact details of the promoter

Falls Creek Resort Management

1 Slalom Street

Falls Creek 3699 VIC

(03) 5758 1200

All Participants: 

1. Participants must have a valid booking confirmation and have acknowledged terms and conditions prior to entry of the Toboggan Park
2. Participants are required to present their booking confirmation at the Toboggan Park entry. 
3. Participants must follow all Safety Guidelines of the Toboggan Park as outlined in these terms and conditions, signage at the Toboggan Park and on https://www.fallscreek.com.au/tobogganing/
4. Use of the toboggan slope and magic carpet at Windy Corner is free, however all users must make a booking before entering the Windy Corner toboggan park via https://fallscreek.com.au/toboggan-booking-form. Booking times are in 50-minute slots and riders must exit the park promptly to allow for the following group of users o enter the park. 
5. To ensure a safe park, usage is limited to 50 people per session. 
6. Guests should arrive 10 minutes prior to their allocated time slot. Guests arriving after 15 minutes of their allotted timeslot are not guaranteed access and allocations may be given to another user. 
7. All children 13 years or under must be accompanied by a supervising guardian aged 16 or older. This guardian must be present in the Toboggan Park. 
8. Participants must adhere to specific requirements around the type of toboggan able to be used. The only crafts allowed are moulded plastic toboggans, approved by Falls Creek Alpine Resort (FCAR). These do not include: 

• Metal or wooden bases
• Pointed ends
• Inflatables 

• Snow mats 
• Compressed foam 
• Plastic bags 
• Sleds over 2.5kg

9. Always obey signs and the direction and requirements of Toboggan Park staff. 

10. Toboggans are strictly limited to one person on the toboggan at a time, unless a child under 100cm is being accompanied by an adult. 

11. Do not form toboggan trains (linking people on other toboggans) 

12. Riders must always toboggan feet first and always remain in control of your craft to avoid contact with other users in the toboggan area. 

13. FCAR recommends the use of helmets and protective clothing whilst in the toboggan park. 

14. Users should always use the magic carpet to get back up the slope and not walk back up the slope to avoid accidents. Users must remain standing on the magic carpet at all times. 

15. In the event of poor weather or unsafe snow coverage, the toboggan park may be closed at the discretion of FCAR. Guests with affected bookings will be notified by email accordingly. 

16. Entry to the park is via the signed entrance from Bogong High Plains road, above the magic carpet.   

17. FCAR are not liable to you, your dependents or legal representatives, for personal injury or death suffered by you due to the negligence or breach of conditions, including but not limited to any liability for Toboggan Park services not being rendered with due care and skill or not being reasonably fit for any purpose which you made known, expressly or by implication, to the Supplier or because they failed to achieve any result reasonably expected by you which you, expressly or by implication, made known to FCAR or for breach of any other consumer guarantee of the Australian Consumer Law (Vic) or of the Australian Consumer Law (Cth). 

18. You acknowledge that the Toboggan Park Services are dangerous with many risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and you assume and accept all such risks and hereby waive the right to sue FCAR, its employees, directors and agents, for any personal injury or death suffered by you in any way whatsoever caused by or arising from your use of such services or your participation in such activities. 

19. If you participate in these activities your rights to sue FCAR under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in items 16 and 17. NOTE: The change to your rights, as set out in or on this sign, does not apply if your death or injury is due to gross negligence on FCAR's part. ‘Gross negligence’, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law & Fair Trading Act 2012. 

20. You must comply with the Alpine Responsibility Code and all signs or other directions of FCAR or Toboggan Park staff acting on behalf of FCAR. Failure to observe the Alpine Responsibility Code may result in cancellation of your ticketed session by the Ski Patrol or other authorised FCAR/Toboggan Park personnel. 

21. These Conditions are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of Victoria have exclusive jurisdiction. If any provision is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid, binding and enforceable. 

22. If you book a timeslot at the Windy Corner Toboggan Park on behalf of another person, you make that booking as the agent of that other person who is also bound by these Conditions and by using or making use of the Toboggan Park such person acknowledges and agrees to the Conditions as if that person had read this sign and then made the purchase. You warrant that you have that person's authority to so bind them unless you book on behalf a child (under 18 years) in which case you agree to fully indemnify FCAR for all loss and damage it may suffer due to any legal proceedings being brought by or on behalf of that child against the FCAR, its employees, directors and agents, for any personal injury or death suffered by that child caused by or arising from his/her use of the Toboggan Park.