PERISHER BOOKING TERMS AND CONDITIONS

1. Perisher Blue Pty Limited (referred to in these Website Terms as "Perisher", "we", "us", "our") owns and operates this website.
2. The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law imply terms, conditions, consumer guarantees and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms ("Prescribed Terms").
3. Except as provided by the Prescribed Terms and as may be expressly set out in the Website Terms:
   1. this website including all its pages and contents ("Website") and all goods and services provided or booked via the Website are provided on an "as is" basis without any warranties or representations of any kind;
   2. all statutory or implied conditions or warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
   3. Perisher will use reasonable endeavours to process electronic payment transactions involving debit and credit cards in a timely and secure manner. However Perisher, its directors, employees and beneficiaries make no warranties or representations regarding the time required to initiate or complete the processing of any transaction, and do not warrant or represent that your access to and use of the Website including but not limited to the payment facility will be continuous, uninterrupted, error free or secure, that any defects will be corrected or that this Website, its servers and any network connections are free of computer viruses and other harmful data, code, components or other material.
   4. Without limitation Perisher, its directors, employees and beneficiaries are not liable to you for any loss or liability of any kind caused by any delay or failure to provide information or perform operations (including but not limited to electronic payment processing) requested or do so correctly, including but not limited to as a result of or in connection with (i) any delay or failure in any transmission or communication facilities; (ii) any delay, failure or malfunction of the Website including but not limited to the payment facility; (iii) any failure or delay caused by third parties including but not limited to internet service providers, carriers or communications service providers, financial institutions, or payments service providers; (iv) delay, failure or malfunction of computer or network equipment, telephone lines, browsers, software, mobile phones or other handheld devices, or any related equipment or facilities; (v) computer viruses or other harmful data, code, components or other material; (vi) any other event beyond the reasonable control of Perisher its directors, employees and beneficiaries;
   5. Perisher, its directors, employees and beneficiaries, do not warrant or represent that they will be able to prevent any illegal, harmful or inappropriate access, use, modification or alteration of the Website including but not limited to the payment facility, or that they will give notice of such access, use, modification or alteration;
   6. Perisher, its directors, employees and beneficiaries, do not warrant or represent the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website including but not limited to the payment facility. The use of the Website and any services including but not limited to the payment facility is at your own risk.
   7. If your use of the Website results in the need for servicing or replacing equipment or data, Perisher, its directors, employees and beneficiaries are not responsible for those costs;
4. To the fullest extent permitted by law:
   (a) Perisher's liability under any Prescribed Terms is limited at Perisher's option to replacement, repair or resupply of goods, resupply of services, or to payment of the cost of the same; and
   (b) subject to clause (4)(a), Perisher, its directors, employees and beneficiaries shall not be liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, special and/or consequential loss or damages (including but not limited to loss of profits, revenue, expectation, business, goodwill or data), whether arising under contract, tort (including negligence) or any statutory cause of action, resulting directly or indirectly from or arising in connection with (i) a breach of the Website Terms, (ii) any use or access of, or any inability to use or access, the Website or any services including but not limited to the payment facility, or (iii) any goods or services provided or booked via the Website.
5. You agree to use and access the electronic payment facility on this Website strictly in accordance with the requirements and procedures set out on the Website from time to time and any applicable laws. You are responsible for entering the correct account/card number and other details required by the electronic payment facility on this Website, and for maintaining the security of your computer software and hardware. Your submission of a purchase of goods or services via the Website constitutes an offer subject to acceptance by Perisher. Perisher may amend any such requirements or procedures at any time.
6. You indemnify and keep indemnified Perisher, its directors, employees and beneficiaries against any loss, liability, damage, cost or expense arising directly or indirectly in connection with (i) your breach of these Website Terms, (ii) your use of or access to the Website, including but not limited to the electronic payment facility, (iii) the use by you of any goods or services provided or booked via the Website, (iv) the purchase or attempted purchase of products or services available via the Website, (v) your failure to comply with any laws, or (vi) your infringement of the rights of any third party.

Booking Holidays

7. 7. Where you seek to or do book a holiday via the Website then the following additional terms and conditions apply:
   1. You acknowledge that the booking functionality on the Website is provided by Perisher for and on behalf of the accommodation provider that you are seeking to or do book accommodation with. You acknowledge (save where we are the accommodation provider) that while we arrange the provision of the accommodation for you, we are not responsible for the provision of accommodation (which is the sole responsibility of the accommodation provider), do not provide any accommodation services directly to you and you agree that we shall have no liability to you whatsoever, however arising, related to your accommodation. You acknowledge that we receive a commission from the accommodation provider for accommodation booked by you.
   2. You acknowledge that all accommodation advertisements and quotations and requests for reservations are subject to availability and cannot be guaranteed until booking confirmation is received.
   3. When booking the Perisher Valley Hotel or through Perisher Snow Holidays a deposit of 50% of the total booking is payable within seven (7) days of booking.
   4. When booking the Station Resort Hotel a deposit of $200 per person is payable within seven (7) days of booking.
   5. On receipt of a deposit, written verification of the booking will be forwarded. If the deposit is not paid within seven (7) days, the booking will be automatically cancelled.
   6. The balance of your booking will be due sixty (60) days prior to arrival. For bookings made less than sixty (60) days prior to arrival the full balance is due at time of booking. Failure to send the balance by the due date will result in cancellation of the booking.
   7. Amendments to your booking will only be accepted from the person whose name the booking is in. Booking confirmations will only be sent to the same person. All changes to the original booking will attract a $60 amendment fee per change including GST, to cover cost of administering amendments.
   8. Any cancellation of your booking must be advised in writing and are subject to the following terms and conditions;
      1. If a cancellation of a holiday package is notified sixty (60) days or more prior to arrival, a refund of any deposit for that booking will be made, less a cancellation service fee of $120 per adult and $60 per child to cover fees imposed by the accommodation provider. If a cancellation is notified less than sixty (60) days prior to arrival, all monies paid are forfeited.
      2. If a cancellation of a booking for hire equipment, lesson products and/or lift tickets is notified within 24 hours of arrival all moneys paid are forfeited.
   9. All bookings into self-contained apartments will attract a credit card bond at the key collection point. The bond will be applied to any damage, breakages or loss to the property including lock and key replacements. The bond will also be applied to any additional costs of cleaning the premises if they are not left in good condition. All breakages must be compensated. The accommodation provider or its agent has a right to inspect the property at any time during your occupancy. Should your party exceed the numbers booked you are liable for immediate eviction.
   10. Dishonoured cheques incur a fee of $40 including GST.
8. Where you seek to or do purchase insurance via the Website (whether as part of a package or otherwise), then the following terms and conditions apply:
   1. You acknowledge that the insurance is sold and provided by a third party provider of insurance products ("Insurance Provider") and that your agreement and any contract for the supply of such insurance is solely between you and the Insurance Provider and you acknowledge and agree that we have no contractual relationship with you in relation to your purchase of insurance from the Insurance Provider, other than pursuant to these Website Terms;
   2. You acknowledge and agree that we do not endorse or approve the insurance products offered by the Insurance Provider and that we shall have no liability to you whatsoever, however arising, related to your purchase of insurance or any other goods or services from the Insurance Provider; and
   3. You acknowledge that we receive a commission from the Insurance Provider for any insurance purchased by you.
9. Perisher strongly recommends that you obtain travel insurance (although not necessarily from the Insurance Provider referred to in clause 8 above) and will not be held responsible for costs, loss of deposits and payments made or other fees incurred due to cancellations resulting from unforeseen circumstances, medical conditions or changes to travel plans.
10. When you are issued with vouchers, you are required to bring your vouchers including any prepaid transport or transfer vouchers with you. Vouchers will not be replaced if lost or stolen and are non-refundable and non-transferable. If you cannot present your vouchers, you may be required to pay for your transport, lift tickets and hire equipment and refunds will only be given on return of the original vouchers to Perisher Snow Holidays.
11. Refunds will not be given on no shows, or any components of a prepaid package (accommodation, lift tickets, lessons, equipment hire, meals etc) which are not utilised.
12. For all lesson products and lift ticket bookings only, a "Snowcheck" may be issued in the case of an injury or medical condition preventing guests from making further use of a Multi-day lift ticket, Multi-day Skitube Only ticket, Multi-day Snowsports Lessons during the current winter season. For further details please contact Guest Services on 1300 655 822.

Best Price/Deal Guarantee

13. Best Price Guarantee:
    1. If you find a lower price for an Equivalent Package within 72 hours of making your reservation, we will beat it by 5% and refund you the difference or cancel your reservation without penalty.
    2. 'Equivalent Package' means the exact same package, arrival and departure dates, refund and payment policies, accommodation type, property, quality level, number of guests, package inclusions, number of nights and same lift tickets for the same number of days as the Original Package booked by the client.
    3. Accommodation property must have availability for the Equivalent Package at the price quoted at the time of presenting the competitor quote.
    4. The Equivalent Package rate must be available to all travellers and does not apply to award redemptions or group rates.
    5. Does not apply to rates offered without the specific accommodation and location being disclosed until after the customer completes the reservation.
    6. Does not apply where rates are shown in error.
    7. Documentation of the lower priced Equivalent Package will be required to be provided by the client.
    8. Claim must be made in writing.
    9. Guarantee may be amended at any time without notice.
    10. We reserve the right to limit sale quantities to retail quantities.
14. Best Deal Guarantee:
    1. We guarantee that when you purchase your More Snow For Your Dough Package before May 2013 you'll receive the best deal of the season. If the price drops for the Equivalent Package during the 2013 winter season we'll match it.
    2. 'More Snow For Your Dough Package' means one of the More Snow For Your Dough Packages as advertised on www.thestation.net.au, or www.perisher.com.au
    3. 'Equivalent Package' means the exact same package at The Station, with exact same arrival and departure dates, refund and payment policies, accommodation type, number of guests, package inclusions, number of nights and same lift tickets for the same number of days as the Original More Snow For Your Dough Package booked by the client.
    4. The Equivalent Package must be available to the general public through www.thestation.net.au, www.perisher.com.au or Perisher Snow Holidays.
    5. The Equivalent Package rate must be available to all travellers and does not apply to award redemptions or group rates.
    6. Documentation of the lower priced Equivalent Package will be required to be provided by the client.
    7. Guarantee does not apply where rates are shown in error.
    8. The Client must contact The Station Reservations in writing detailing the Equivalent Package at least 5 days prior to their arrival date in order to qualify for the Guarantee.
    9. Guarantee may be amended at any time without notice.
    10. Does not apply to rates offered without the specific accommodation and location being disclosed until after the customer completes the reservation.
    11. We reserve the right to limit sale quantities to retail quantities.
15. Where you book a Last Minute Mystery Deal cancellations or changes to bookings for this offer will not be permitted for any reason. Once confirmed, a booking cannot be refunded or altered in any way.

Lift Tickets and Snowsports Lessons

16. Where you seek or do book lift tickets or snowsport lesson products via the Website (whether as part of a package or otherwise), then you acknowledge the following risk warning and agree to the following terms:
    1. You engage in any recreational activity at your own risk.
    2. You acknowledge the risk warning set out in bold and capitals below and that the warning constitutes a risk warning pursuant to the Civil Liabilities Act, 2002.
    3. You acknowledge that you will observe the Alpine Responsibility Code (copies are available upon request) and that you will conduct yourself in a safe and controlled manner at all times. Failure to do so may result in us deactivating the ski lift access component of your ticket.
    4. You must read all signs and follow all directions given by us, our employees or agents.
    5. To the maximum extent permitted by law we exclude all liability to you, including for negligence and whether the loss or damage has occurred to person or property. Where that liability cannot be excluded, we limit our liability to you to the maximum extent that we are permitted by law to do so.
    6. We provide "recreational services" as defined in the Competition and Consumer Act 2010 (Cth). To the maximum extent permitted by this Act, we exclude all liability to you, including for death or personal injury, arising out of any failure by us, our employees or agents to comply with any consumer guarantees applying to the services.
    7. All tickets remain our property and must not be resold, transferred or altered in any way. A breach of this condition will result in the cancellation of your ticket and invoke police action. Ticket fraud is a criminal offence and can result in a fine or imprisonment.
    8. We do not offer a refund or replacement for lost or stolen tickets, for any unused portion of a ticket or if any facilities are not operating for any reason.
    9. The ticket may not entitle you to use some lifts as directed by our authorised employees, does not entitle you to use the resort facilities for any commercial purpose except with our prior written consent and does not entitle you to provide or receive ski or snowboard instruction except where provided by us, our employees or our agents.
    10. All references to lift tickets include season passes.
    11. All valid lift tickets include unlimited use of Skitube between Perisher Valley and Blue Cow.

These conditions, together with the risk warning displayed below, form part of the conditions of entry and use of our facilities, equipment and services.

IF YOU BREACH ANY OF THE CONDITIONS OF THE TICKET WE MAY REQUIRE YOU TO FORFEIT THE LIFT ACCESS COMPONENT OF THE TICKET AND YOU WILL LOSE PRIVILEGES ASSOCIATED WITH THE TICKET.

Skiers/snowboarders must observe the Alpine Responsibility Code and ski/ride in a safe manner at all times. Failure to do so may result in a forfeiture of skiing/snowboarding privileges.

17. Perisher collects the personal information requested on the Website to enable the efficient provision of the goods and/or services that you have requested and to complete the administrative and payment functions associated with that transaction.  It is possible to gain access to this personal information held by Perisher.  The Perisher Privacy Policy Statement sets out our policies on the management of personal information.  To get a copy, please write to The Privacy Officer, Perisher Blue Pty Limited PO Box 42, Perisher Valley, NSW 2624 or you can also telephone us on (02) 6459 4495, visit our website at www.perisher.com.au" or e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.
18. These Website Terms comprise the entire agreement between you and us in relation to its subject matter and supersedes any prior agreement or understanding on anything connected with its subject matter.
19. These Website Terms are governed by the laws of New South Wales, Australia.  You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.