Resort Entry Season Permit - Important Conditions of Purchase
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING
ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the
supply of certain goods and services. These guarantees mean that the Supplier is required to
ensure that any recreational services it supplies to you —
• are rendered with due care and skill;
• are reasonably fit for any purpose which you, either expressly or by implication, make
known to the Supplier; and
• might reasonably be expected to achieve any result you have made known to the Supplier.
Under section 22 of the Act, the Supplier is entitled to ask you to agree that these statutory
guarantees do not apply to you. If you enter the Resort and thereby accept these terms &
conditions, you will be agreeing that your rights to sue the Supplier under the Act if you are
killed or injured because the services provided were not in accordance with these guarantees,
are excluded, restricted or modified in the way set out in these terms & conditions.
NOTE: The change to your rights, as set out in these terms & conditions, does not apply if
your death or injury is due to gross negligence on the Supplier's part. Gross negligence, in
relation to an act or omission, means doing the act or omitting to do an act with reckless
disregard, with or without consciousness, for the consequences of the act or omission. See
regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section
22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
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1. These terms and conditions apply to holders of Season Permits (Permit Holders) issued by
the Falls Creek Alpine Resort Management Board (Supplier) in respect of the Falls Creek
Alpine Resort Crown Land Reserve (the Resort) and cover the Permit Holders':
(a) use and conduct in respect of the Season Permit; and
(b) use of the Resort and facilities, and any activities carried out by the Permit Holder, whilst
at the Resort.
2. The Supplier may in its sole discretion issue Season Permits for entry into the Resort
subject to the conditions set out below.
3. Each Season Permit entitles the Permit Holder to access the Resort during the season as
stipulated on the Season Permit.
4. The price of the Season Permit is the amount set out at
www.fallscreek.com.au/ResortEntry from time to time. No Season Permit will be issued
unless and until the Supplier has received payment of the price in full. An “Early Bird”
discount is available where the purchaser has submitted a correctly completed application
form and payment prior to 5pm 30 April, 2015.
5. The Season Permit must be affixed to the lower driver’s side of the front windscreen of the
vehicle listed on the Season Permit and with the expiry date clearly visible prior to entry into
the Resort – (Regulation 11.(3) Alpine Resorts (Management) Regulations 2009).
6. Season Permits are only available in respect of privately registered motor vehicles (less
than 13 seating capacity), excluding commercial motor vehicles. Commercial motor vehicles
include any motor vehicles which are used or intended to be used for carrying passengers for
hire or reward.
7. Vehicles with a valid Season Permit displayed may enter the Resort using the entrance
station express lane, but must stop if directed by the Supplier or its agents.
8. All Resorts Season Permits (which enable resort entry into the Resort as well as the resorts
at Mt Hotham, Mt Buller, Mt Stirling, Mt Baw Baw and Lake Mountain) are availab le for
purchase from the Supplier and for the price set out at www.arcc.vic.gov.au/news#allresorts.
The price of an All Resorts Season Permit includes the cost of a Season Permit. The All
Resorts Season Permit shall only be accepted as valid when displayed with the valid resort
specific season pass, both of which must bear the same vehicle registration number. All
Resorts Season Permit holders will be subject to the relevant resort’s terms and conditions of
entry, during season of issue, available on the relevant resort's website.
9. Where a vehicle with a Season Permit is sold, damaged or the windscreen broken, the
Season Permit must be removed and the Season Permit (or as much of the Season Permit that
remains intact, which if possible should include the permit number) returned to the Supplier
for issue of a replacement. Season Permits are not subject to a refund in such an event. A
replacement permit will only be issued to a vehicle registered in the same name as the
original permit and proof of ownership via registration papers must be produced. A
replacement fee of $25.00 will apply.
10. The Season Permit:
(a) remains the property of the Supplier, is not transferable and cannot be resold;
(b) is valid only for the date/s shown on the Season Permit and in respect of the vehicle
shown on the Season Permit (note that the registration number on the Season Permit must not
be altered);
(c) is void if the seal is broken; and
(d) must be collected from [and returned to] Howman’s Gap Resort Entry Ticket Box at or
posted to the Purchaser.
11. The Supplier may at its discretion withdraw or cancel any Season Permit if it determines,
in its reasonable opinion, that a Permit Holder has breached any of these terms & conditions.
12. No replacement or refund will be made for loss of Season Permit, in the event of poor
snow conditions, or if any lift service or other facility is not operating or open. The Supplier
will not under any circumstances provide a refund for Season Permits purchased online.
13. At all times while in the Resort, the Permit Holder must comply with:
(a) the Alpine Responsibility Code which is available at
www.fallscreek.com.au/AlpineResponsibilityCode;
(b) the Alpine Resorts (Management) Act 1997 and associated regulations; and
(c) all signs (including during hours of darkness) or other directions of the Supplier or any of
its employees and agents.
14. People over 65 are eligible for a 20% discount (Over 65's Discount) on the purchase price
of the Season Permit at the time of purchase. Proof of age must be presented by the purchaser
in order to purchase the Season Permit at the discounted price. The Over 65’s Discount does
not apply to bus, taxi, trailer, motorbike, driver only or Accommodation Transfer Service
products (details of which are available on the Supplier's website at
www.fallscreek.com.au/ATS. No Registered Postage is available on purchases made using
the Over 65's Discount.
15. Vehicles must not be left in a position to cause any obstruction to footpaths or roads.
16. Subject to clause 17:
(a) the Supplier excludes any implied term, warranty or statutory right that may apply in
connection with the provision of any goods or services in connection with this Season Permit;
(b) the Permit Holder voluntarily undertake activities within the Resort and acknowledge and
agree that such activities may be dangerous and that personal injury or death may result;
(c) to the extent that any services provided by the Supplier in connection with these terms &
conditions constitute a recreational service within the meaning of section 139A(2) of the
Competition and Consumer Act Cth 2010 (CCA) (or equivalent Victorian laws), the Supplier,
its employees, directors, officers, contractors and agents will not have any liability for death,
physical or mental injury, contraction, aggravation or acceleration of a disease, or any other
liability described in section 139A(3) of the CCA (or equivalent Victorian laws) that may
result from or be associated with the supply of such recreational services, including but not
limited to any of the following activities: skiing, snowboarding, snowtubing, tobogganing,
skiing or snowboarding lessons, the use of ski lifts, all ski area services and facilities
including snow clearing, operations of the ski patrol, the condition, layout, construction,
design or use of pedestrian areas, roads, car parks, buildings, ski runs or slopes or the
presence of people or objects thereon or any associated sporting activities or similar leisure
time pursuits associated in any way whatsoever with being in snow affected terrain. The
Permit Holder waives any rights that it may have in connection with such services and
releases the Supplier from any claim, liability, loss or damage (howsoever incurred) in
connection with the same; and
(d) the Permit Holder releases its employees, directors, officers, contractors and agents from
any loss, damage or liability in negligence, equity, breach of contract or statute or statutory
duty to the Permit Holder, howsoever incurred by the Permit Holder which is not otherwise
dealt with in clause 16(c).
The Supplier holds the benefit of this clause 16 for itself and on trust for each of its
employees, directors, officers, contractors and agents.
17. The Australian Consumer Law (as set out in Schedule 2 of the Competition and
Consumer Act 2010 (Cth)) provides Consumers (as that term is defined in the Australian
Consumer Law) with a number of protections and Consumer Guarantees that cannot be
excluded or limited. These terms & conditions, and in particular the limitations of liability set
out in these terms & conditions, are therefore subject to, and will not apply to the extent that
they limit or exclude, such protections and Consumer Guarantees applicable to Consumers.
However where the Australian Consumer Law permits the Supplier to limit the remedies
available to it in respect of the customer for a breach of a Consumer Guarantee, the Supplier
hereby limits its remedies to the customer, at the Suppliers' option, in the case of goods, to
the repair or replacement of the goods, the supply of equivalent goods or the payment of the
cost of having the goods repaired or replaced or having equivalent goods supplied and, in the
case of services, to supplying the services again or paying the cost of having the services
supplied again.
18. Personal Information (as that term is defined in the Privacy Act 1998) collected from your
Season Permit application form is used for reference purposes only. It is not provided or
made available to any other party. The Supplier's Privacy Policy, available at
www.fallscreek.com.au/TermsConditions?searchTerms[]=privacy&searchTerms[]=policy#Pr
ivacy, will apply to any Personal Information collected or held by the Supplier in connection
with these terms & conditions.
19. Season Permits must be collected at the Howman’s Gap Resort Entry Ticket Box or from
the Supplier's office at 1 Slalom Street, Falls Creek, or posted to the Purchaser.
20. Please note Day and Night tickets are not available at the discounted rate online.