PERISHER BOOKING TERMS AND CONDITIONS
- Perisher Blue Pty Limited (referred to in these Website Terms as "Perisher", "we", "us", "our") owns and operates this website.
- 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").
- Except as provided by the Prescribed Terms and as may be expressly set out in the Website Terms:
- 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;
- 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;
- 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.
- 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;
- 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;
- 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.
- 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:
- 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
- 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.
- 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.
- 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.
- Perisher strongly recommends that you obtain travel insurance 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.
- 8.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 or a Multi-day Snowsports Lessons during the current winter season. In the case of an injury or medical condition preventing guests from making further use of a Season Pass a refund will only be made where Season Pass Refund Protection is purchased in accordance with Clause 11. For further details please contact Guest Services on 1300 655 822.
Lift Tickets and Snowsports Lessons
- 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:
- You engage in any recreational activity at your own risk.
- You acknowledge the risk warning set out in bold and capitals below and that the warning constitutes a risk warning pursuant to the Civil Liability Act 2002 (NSW).
- 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.
- You must read all signs and follow all directions given by us, our employees or agents.
- 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.
- 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.
- 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.
- We do not offer a refund or replacement for lost or stolen tickets, or if any facilities are not operating for any reason.
- 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.
- All references to lift tickets or ticket include Season Passes.
- All valid lift tickets include unlimited use of Skitube between Perisher Valley and Blue Cow.
Additional Terms and Conditions for Season Passes, including Freedom Pass:
- A Freedom Pass is a Season Pass product and Season Passes are subject to the additional terms and conditions below, which are to be read in conjunction will all other notices and signs.
- By using your Season Pass you will acknowledge that you agree with and will abide by the Season Pass terms and conditions.
- Your Season Pass is for your personal use only as the Season Pass Holder and which is non-transferable to any other person.
- Your Season Pass is non-refundable (save for where you have bought Refund Protection and only in accordance with the Refund Protection terms and conditions at Clause 11).
- Your Season Pass is valid only during the season for which it is bought and not in any other season.
- You may buy the Season Pass which is relevant for your age as at 8 June 2013, and suitable age identification (e.g. birth certificate, driver's licence etc) is required for children, students and seniors.
- Where you collect your Season Pass from a ticket office, a valid Photo ID showing your birth date is required to be presented to collect your Season Pass.
- Where you buy or re-load a Season Pass on-line you may only upload a photograph of the Season Pass Holder.
- You may not change the Season Pass Holder's name or photograph.
- Freedom Passes must be paid for in full on or before 1 May 2013 before any lift access for 2013 will be activated.
- Where Season Passes are bought at a Perisher ticket office, Season Pass Holders will be required to sign a waiver and release of liability. Where Season Passes are bought or re-loaded on-line, Season Pass Holders will be required to acknowledge and accept a waiver and release of liability. Where a Season Pass Holder is 17 years of age or younger, the Season Pass Holder's parent or guardian will be required to sign a waiver and release of liability.
- By choosing to buy the Freedom Pass in accordance with Perisher's payment plan conditions, you acknowledge that you are liable for the entire amount payable and that Perisher may lawfully recover any unpaid amounts from you. You acknowledge and agree that Perisher can pursue all avenues of collection, including the use of collection agencies, to recover all charges and other unpaid amounts due, including reasonable legal fees, resulting from failure to pay all amounts when due under this agreement.
- By purchasing the Season Pass you agree to immediately pay Perisher Blue Pty Limited a $500 penalty if someone other than you uses your Season Pass whether you are aware of the misuse or not.
- You acknowledge and accept that you are liable for any misuse that occurs while your Season Pass is not in your possession unless you have already reported your Season Pass lost/stolen prior to the misuse occurring. You acknowledge and accept that you may lose your Season Pass privileges and your actions may invoke Police action if another person is found to be using your Season Pass.
- You are responsible for immediately reporting to Perisher if your Season Pass is lost, stolen or damaged by reporting the circumstances to any Perisher ticket outlet or calling Perisher Guest Services on 1300 655 822. In these circumstances or if you forget to bring your Season Pass you can visit a Perisher Ticket Office where, upon presentation of valid ID and the payment of a $36 administration fee, our staff can reissue your Season Pass.
- Perisher reserves the right to change the terms and conditions applying to Season Passes. Notification of changes to terms and conditions will be made to all Season Pass Holders via the Perisher website www.perisher.com.au, where the current version of the terms and conditions may be viewed at any time.
- Any exceptions to the Season Pass terms and conditions are at the discretion of Perisher Blue Pty Limited.
These conditions, together with the risk warning displayed below, form part of the conditions of entry and use of our facilities, equipment and services.
|RISK WARNING:RECREATIONAL ACTIVITIES (INCLUDING SKIING, SNOWBOARDING AND SNOW TUBING) INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS. ANY SUCH INJURY OR LOSS MAY RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS. PLEASE READ AND OBEY ALL SIGNS.
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.
Season Pass Refund Protection Terms and Conditions
- Season Pass Refund Protection (Refund Protection) is subject to the terms and conditions below which are to be read in conjunction will all other notices and signs.
- Any person who buys a Season Pass from Perisher for the 2013 ski season may purchase Refund Protection.
- Refund Protection is unique to the Season Pass for which it is purchased and does not apply to any other Season Pass and only applies to the Season pass purchased for the 2013 ski season.
- Refund Protection only provides for a refund due to Injury, Medical Circumstance or other Occurrence in accordance with these terms and conditions and not for any other reason (refer to the refund amounts listed at Clause 11 (i) below).
- Refund Protection is NOT transferable and cannot be sold or exchanged.
- The Refund Protection amount is not refundable.
- The maximum refund amount of Refund Protection shall not exceed the full purchase amount of the Season Pass.
- With respect to an Injury or Medical Circumstance of the Season Pass Holder, a Doctor must recommend that due to the severity of the Injury or Medical Circumstance, it is Medically Necessary that the Season Pass Holder not Ski for the remainder of the ski season for which the Season Pass was purchased.
- The Season Pass Holder must contact Perisher Blue Pty Limited (refer to Clause 11(o) for contact details) as soon as is reasonably practical after the occurrence of the Injury or the onset of the Medical Circumstance or the Occurrence.
- The Refund Protection refunds are set out as follows;
- Where the Injury, Medical Circumstance or Occurrence happens prior to 25 June 2013, 100% of the Season Pass price will be refunded.
- Where the Injury, Medical Circumstance or Occurrence happens occurs between 26 June to 15 July 2013, 75% of the Season Pass price (rounded to the nearest dollar) will be refunded.
- Where the Injury, Medical Circumstance or Occurrence happens occurs between 16 July to 31 July 2013, 65% of the Season Pass price (rounded to the nearest dollar) will be refunded.
- Where the Injury, Medical Circumstance or Occurrence happens between 1 to 15 August 2013, 50% of the Season Pass price (rounded to the nearest dollar) will be refunded.
- Where the Injury, Medical Circumstance or Occurrence happens between 16 to 31 August 2013, 25% of the Season Pass price (rounded to the nearest dollar) will be refunded.
- There will be NO REFUNDS where the Injury, Medical Circumstance or Occurrence happens on and from 1 September 2013.
- Season Passes will be deactivated and cannot be reactivated for the relevant year once a refund has taken place. Where a refund of a Freedom Pass is made in accordance with these terms and conditions, the Freedom Pass Holder will be considered to remain in the Freedom Pass program and eligible to buy a Freedom Pass in future years.
- Refund Protection coverage is not payable for any loss caused in whole or in part by, or resulting in whole or in part from:
- The Season Pass Holder's commission of or attempt to commit a crime;
- Business interruption of Perisher Ski Resort due to circumstances beyond Perisher's control;
- Elective or cosmetic surgery;
- Injury or Medical Circumstance arising from alcohol or drug abuse;
- Violation of any of the "Terms and Conditions";
- Violation of "The Alpine Responsibility Code";
- Lack of snow.
- Refund Protection will only be activated when Perisher has confirmation that it has received payment for the Season Pass and Refund Protection. Refund Protection will begin at 12:01 a.m. on the date that Perisher declares the 2013 ski season open or on 8 June 2013, whichever is the earlier.
- Refund Protection coverage ends at;
- 11:59:59 p.m. on 31 August 2013; or
- The date when a refund made in accordance with these terms and conditions is finally processed.
- Doctor - means a licensed medical practitioner within the scope of his or her license who is not the Season Pass Holder or a person who is related to the Season Pass Holder by blood, marriage or defacto living arrangement.
- Injury - means bodily injury which is sustained as a direct result of an unintended, unanticipated accident that occurs while the Season Pass Holder's coverage under Refund Protection is in force. Injury will also include circumstances where an Injury occurs to a dependent person where the Season Pass holder must provide primary care for that dependent person.
- Medical Circumstance means an illness or disease that requires treatment by a Doctor, or pregnancy or a relocation which is Medically Necessary.
- Medically Necessary - means the Doctor's recommendation is consistent with the symptoms, diagnosis and treatment of the Season Pass Holder's condition; is appropriate with regard to standards of good medical practice; and is not primarily for the convenience of the Season Pass Holder.
- Occurrence means verifiable, international relocation. It is the responsibility of the Season Pass Holder making the application to substantiate the Occurrence to Perisher's reasonable satisfaction, which will be determined in accordance with Clause 11(p) below.
- Season Pass Holder - means an individual who buys or in whose name a Season Pass has been bought from Perisher.
- Skiing/Ski - means alpine skiing, telemark skiing or snowboarding.
- Refund requests may be made in person or email.
- If in person, the refund request must be made at a Perisher Ticket Office. Office hours are generally 8:00 a.m. through 5:00 p.m. daily during the ski season. Ticket Offices are closed from October through to May.
- By email to:
- Refund requests made after Monday 1 October 2013 will not be accepted.
- All refund requests will be assessed with regard to the fair and reasonable application of these terms and conditions, however all decisions made by Perisher will be final and binding and no correspondence will be entered into.
- 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.
- 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.