Terms & Conditions

YOGI’S SKI &SNOWBOARD HIRE ABN 43 625 095 588

When booking your hire equipment online you are agreeing to the below terms and conditions. A signature will also be collected when you collect your rental equipment to confirm you accept the terms and conditions.

IMPORTANT NOTICE

No transfer or use by another person

Products & Services are for personal use only and must not be used by another person, resold, transferred, or altered in any manner. Use by another party may result in the confiscation, cancellation, and / or refusal to re-issue the relevant Products & Services, in which case no credit or refund will be provided.

Your assumption of risk

You acknowledge and assume risk under these Terms and Conditions in various respects. In particular, you purchase and use any recreational activity or service that we provide at your own risk. Such recreational activities or services includes any and all Products & Services provided by Yogi’s Ski & Snowboard Hire at Falls Creek Resort for recreational activities. You acknowledge that recreational activities and services are dangerous with many risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur. You acknowledge the risk warning set out prominently in these Terms and Conditions and acknowledge that this constitutes a reasonable risk warning pursuant to the Wrongs Act 1958 (Vic). Our liability to you for failure to comply with the consumer guarantees regime with respect to recreational services or activities is excluded.

Exclusion of liability

Except in relation to your non-excludable consumer rights, our liability to you is excluded under these Terms and Conditions in connection with your breach of these Terms and Conditions, your use or access of our Websites, your failure to comply with any laws and / or the Alpine Responsibility Code, or your infringement of any rights of any third party, except to the extent we caused or contributed to the relevant Loss. You also indemnify us against any Loss we incur or suffer arising directly or indirectly in connection with these matters, although this indemnity is reduced to the extent we caused or contributed to the relevant Loss.

In these Terms and Conditions, the following definitions apply unless the contrary intention appears:

“Alpine Responsibility Code” is displayed on the following website:  https://www.snowsafe.org.au/alpiner-esponsibility-code.

“Australian Consumer Law” means the Australian Consumer Law contained in Schedule 2 of the CCA and any applicable State and Territory Consumer Laws, including the Australian Consumer Law & Fair Trading Act 2012 (Vic).

“Claim” means any claim, action, demand, or proceeding whatsoever including for payment of money, damages, expenses, or costs.

“CCA” means the Competition and Consumer Act 2010 (Cth).

“Fair Use Policy” means a fair use policy under which customers must not seek to purchase or reserve:
a. An excessive, irrational, or unreasonable number of days; or
b. Any day(s) on which they do not, at the time of reservation or purchase (as applicable), have a genuine intention to ski or snowboard at Falls Creek.

“Family Member” means your child, domestic partner, brother, sister, mother, father, step-child, step-brother, step-sister, step-parents, legal guardian, foster child, ward, or legal ward.

“Loss” means any loss, damage, cost, or expense including, without limitation, direct, indirect, incidental, special, and / or consequential loss or damage (including but not limited to loss of profits, revenue, expectation, business, goodwill, or data), howsoever arising.

“Physician” means a licensed medical provider practicing in the fields of medical, surgical, dental, or psychiatric services who is acting within the scope of their license and who is not you, a traveling companion, a Family Member, or a person related to you or a business partner.

“Products & Services” means the products and services supplied by Yogi’s at Falls Creek for Snowsports equipment rental or hire (including Season Long Equipment Rental).

“Rentals” means the rental of equipment, including a season long rental.

“Season Long Equipment Rental” mean a rental of skis, boots, and poles or a snowboard and boots for the duration of the 2024 Australian ski season.

“Snowsports” means ski and snowboard.

“Supplier” means Yogi’s Ski & Snowboard Hire.

“Terms and Conditions” means these terms and conditions.

“Yogi’s” means Yogi’s Ski & Snowboard Hire ABN  43 625 095 588.

SECTION 1: INTRODUCTION AND APPLICATION OF TERMS & CONDITIONS

  1. Application. These Terms and Conditions apply to the sale, purchase, supply, and use of the Products & Services supplied by Yogi’s at Falls Creek, including those purchased by way of package.
  2. Party references. In these Terms and Conditions, Yogi’s is referred to as “we”, “us”, or “our” and includes our directors, employees, beneficiaries, and agents. The purchaser, holder, or user of any Product or Service (as may be applicable) are referred to as “you” or “your”.
  3. You agree to be bound. By accessing the Websites, and / or by purchasing and / or using any of the Products & Services, you are agreeing to be bound by these Terms and Conditions. If you choose not to be bound by these Terms and Conditions or Privacy Policy, we do not grant you the right to use the Websites, we will not sell or supply you with any of the Products & Services and you will not be entitled to use the Products & Services.
  4. Others agree to be bound or comply if you are buying on their behalf. Products & Services are available for sale only to persons who can make legally binding contracts. Parents and guardians may purchase Products & Services on behalf of a minor. If you purchase Products & Services on behalf of another person who has the capacity to accept these Terms and Conditions, both you and that other person agree that you make that purchase as the authorised agent of that other person so that he/she is bound by these Terms and Conditions and Privacy Policy (including with respect to that person’s use of any Products & Services), and you must inform that other person of these Terms and Conditions and ensure that person accepts these Terms and Conditions before you make the purchase. Any adults who are parents or guardians of a child who is unable to accept these Terms and Conditions in their own capacity do so on the child’s behalf and must ensure compliance with them (including with respect to the child’s use of any Products & Services).
  5. Basis for our rights. These Terms and Conditions refer to various rights that we may exercise, including at our discretion. This is because recreational activities at Falls Creek carry risk and can be dangerous, and we thereby need rights to act or make decisions accordingly.

SECTION 2: YOUR CONSUMER RIGHTS

  1. The Australian Consumer Law provides consumers with a number of consumer guarantees that cannot be excluded, restricted, or modified. These consumer guarantees provide consumers with a basic, guaranteed level of protection for products or services that they acquire from us, including (for example) in the case of products, guarantees that products are of acceptable quality and fit for any purpose made known by the consumer before buying and, in the case of services, a guarantee as to (i) due care and skill; (ii) fitness for a particular purpose; and (iii) reasonable time for supply. Where you are acquiring our products or services as a consumer you are entitled to the benefit of these guarantees. If we fail to live up to any of these consumer guarantees for a relevant product or service we provide, you may be entitled to a remedy under the Australian Consumer Law. If the breach of the consumer guarantees cannot be remedied or amounts to a major failure, you are entitled to a refund or other remedies under the Australian Consumer Law. You may also be entitled to compensation for reasonably foreseeable losses caused by the failure.
  2. In these Terms and Conditions, for convenience, these are referred to as your non-excludable consumer rights.
  3. These Terms and Conditions, are therefore subject to, and will not apply to the extent that they exclude, restrict, or modify your non-excludable consumer rights, except where we are permitted by law to so exclude, restrict, or modify. For the avoidance of doubt, nothing in any provision or section of these Terms and Conditions relating to refunds, cancellations, and liability is intended to exclude, restrict, or modify your non-excludable consumer rights, including in respect of any right to cancel or right to a refund and / or other remedy that may be available, except where we are permitted by law to so exclude, restrict, or modify.

SECTION 3: APPLICATION OF TERMS & CONDITIONS AND VARIATIONS

  1. Application. These Terms & Conditions apply with respect to, and during, the Australian ski season.
  2. Variation. During the season, we may, acting reasonably, vary these Terms and Conditions from time to time, provided that the variation does not materially adversely affect the nature of or entitlements relating to any Products & Services offered or purchased, and does not materially derogate from the rights provided under these Terms & Conditions.
  3. Notice of variations. Any variations become effective on posting of the varied Terms and Conditions on the Websites. We will prominently state on the Websites when these Terms and Conditions have been varied. We encourage users to access and review our Terms and Conditions on the Websites regularly to keep abreast of such changes.

SECTION 4: PURCHASING PRODUCTS & SERVICES

  1. Purchase and supply of Products & Services. You may purchase any Products & Services described in any of the Websites for the price specified on the relevant Website. We will supply you, subject to these Terms and Conditions, with the Products & Services you have purchased.
  2. Check your purchase. You are responsible for ensuring the accuracy of your purchase of any Products & Services, including dates, times, weight, height, ability, age and other details.
  3. Allocation to individual at time of purchase. Each Product and / or Service must be allocated to an individual guest at the time of purchase. Allocation of Products & Services to individuals cannot be altered after the purchase has been made other than where permitted under Section 3 or where otherwise accommodated under these Terms and Conditions.
  4. Multi-day booking treated as single product & service. All multi-day Rentals are deemed a single product or service under these Terms and Conditions, including for the purpose of any cancellation or change requests.
  5. Information required at purchase. When purchasing Products & Services, your booking must include details including your name, postal address, phone number, date of birth, e-mail address, credit card details, and any other purchase or ordering information specified on the relevant Website reasonably required to complete the purchase.
  6. Terms apply regardless of mode of purchase. If you purchase Products & Services by telephone, post, online, or visiting our store, then any such purchase will be governed by these Terms and Conditions (including the terms and conditions above purchase, price, and payment), excluding any of these Terms and Conditions that are specific or only applicable to purchases made using the Websites.
  7. Purchase must be age suitable. You may only purchase Products & Services for a person who is of a suitable age to use such Products & Services at the time they use such products (or in the case of Season Passes, at 8 June 2024). That person must be able to provide a valid photo ID showing their date of birth.

SECTION 5: PRICES & PAYMENT

  1. Price displayed. The price of the relevant Products & Services is the price displayed on the relevant Website on the date of purchase (inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the CCA but exclusive of delivery charges (if any) which are payable by you). All prices for the Products & Services advertised or displayed on the Websites are quoted in Australian dollars and represent the price payable for the Product and / or Service, except where discounts or promotional codes can be validly applied to the purchase at the time. Any delivery charges must be paid at the time of purchase.
  2. Price variation. Subject to clause 25 and any other provision of these Terms and Conditions, Yogi’s may vary the advertised or offered price of a Product or Service at any time.
  3. Errors in pricing. Despite our reasonable precautions, Products & Services may be listed on the Websites at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or other oversight. Customers will be contacted via email and made aware of the incorrect price. The correct price will be given and you will have the ability to proceed with the initial booking at the revised price or cancel the booking with a full refund.
  4. Payment via website payment facility. Payment for Products & Services on the Websites must be made by credit card using the electronic payment facility on the relevant Website. Confirmation of your purchase will be sent to your nominated email address.
  5. Use of website payment facility. You agree to use and access the electronic payment facility on the Websites strictly in accordance with the requirements and procedures set out on the relevant Website from time to time and any applicable laws. We may amend any such requirements or procedures at any time.
  6. Responsibility for correct details. You are responsible for entering the correct account/card number and any other details required by the electronic payment facility on the relevant Website and for maintaining the security of your computer software and hardware.
  7. Accuracy of user particulars. The information you enter through the online booking and check-in service is used to set up your equipment. Height, weight, age, and experience are all used to pick your equipment and to make sure the bindings are set correctly. When you submit these details to Yogi’s you are agreeing that the information you have given is true and correct and take full responsibility for any errors.
  8. Genuine purchases only. You agree that you will make only legitimate purchases of the Products & Services in good faith for use by you and your invited guests only and not for other purposes (including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false, or fraudulent bookings or any booking in anticipation of demand).

SECTION 6: COLLECTION & DELIVERY

  1. Allow sufficient time. It is your responsibility to allow adequate time for collection or redemption of the Products & Services ahead of any use or commencement of the relevant Product or Service.
  2. Delivery. Yogi’s offers free delivery for customers that rent ski and snowboard equipment for multiple days and have a safe, easily accessible place to store the equipment. Delivery times will vary and can not be guaranteed inside of shop hours. Any indicated delivery times are only approximate and Yog’s are not liable for any delay in the delivery of the Products & Services. Once Yogi’s delivers possession of Products & Services to its carrier, liability for damage and loss also passes to the carrier.

Delivery is not recommended without a fitting. If you decide to have your equipment delivered without a fitting it will be up to you to come back to store for any equipment changes.

  1. Equipment Collection. Ski and Snowboard equipment can be collected the day before from 1pm at no extra cost. This does not apply to snow play equipment for example toboggans and clothing.
  2. Returning your equipment. All equipment must be back by 5:30pm on your last day of hire. Any equipment returned after this time will be extended and charged the additional day rate.
  3. Returning your equipment early. There is no credit for change of mind, we encourage customers to hire for the minimum length of time and pay to extend their hire. Hire extensions that are communicated before 5:30 on the last day of hire will be extended at the discounted rate.
  4. Equipment pick-ups must be orgnaised with a staff member on your last day of hire before 5:30pm. If you have not organised equipment collection with a staff member it will be assumed that you are extending your hire and you will be charged accordingly.

All equipment must be left in an organised and easy to collect way. Items that are not left in the correct location will be charged at a per day rental price until returned or at their full retail value.

SECTION 7: LOSS AND DAMAGE POLICY

  1. Damage. When equipment is damaged from misuse a repair charge will be charged at the discretion of the manager. These repairs start at $90. Some examples that would cause this charge are skiing on uncovered roads, damage to top sheets from clicking skis together on the chair.

Normal wear and tear will be excluded from the loss and damage policy.

  1. Equipment that is lost, stolen, or has irreparable damage will be charged at the full retail price.
LOST / DAMAGED / IRREPARABLE ITEMS CHARGED AT THE FOLLOWING RATES 
Adult Ski Boots

Child Ski Boot

 $350

$200
Adult Snowboard Boots

Child Snowboard Boots

 $350

$200
Adult Carve Ski & Binding

Child Carve Ski & Binding

 $450

$300
Premium Ski & Binding

Premium Snowboard & Binding

 $650

$650
Demo Ski & Binding

Demo Snowboard & Binding

 $1200

$1200
Rental Walking Adult Boots

Rental Walking Child Boots

 $100

$70
Rental Poles x 2

Rental Poles x 1

 $40

$20
Rental Helmet

Rental Wrist Guards

 $85

$35
Rental Toboggan

Rental Goggles

 $90

$80

SECTION 9: CHANGES AND CANCELLATIONS

  1. Scope. The change and cancellation provisions in this Section are subject to your non-excludable consumer rights (as set out in Section 3) and apply to purchases of equipment rental or hire and all other Products & Services supplied by Yogi’s.
    The change and cancellation provisions in this Section do not apply to Season Long Equipment Rental. Please refer to Sections 14 to 18 for specific terms and conditions relating to changes and cancellations with respect to those specific Products & Services.
  2. Who can make requests. Requests for cancellations and changes to purchased Products & Services will only be accepted from and only be sent to the person in whose name the purchase has been made (or a parent or guardian in the case of a booking made in the name of a minor).
  3. Submitting a request. All requests for cancellations and changes to purchased Products & Services must be submitted in writing to Yogi’s and sent to info@yogisfalls.com.au.
  4. Responses. Subject to eligibility, requests for cancellation or change will be processed and confirmation sent via email. We will act reasonably to respond to your refund request in a timely manner but do not guarantee your request will be processed within a specified period of time.
  5. Time requirements for requests. We must receive your request for a change to or cancellation of your purchased Products & Services at least 48 hours prior to the time on the first day on which the applicable Product and / or Service is booked to commence or activate. For example, where you have booked rental equipment and intend to pick up the day before your fist day, you must submit your request at least 48 hours prior to the pick up time. For the avoidance of doubt, all multi-day bookings are treated as a single Product and / or Service for the purpose of these Terms and Conditions including change or cancellation requests. This means for multi-day bookings you must submit a cancellation or change request at least 48 hours prior to the commencement or pick up time on the first day for which the multi-day Rental is booked. For example, where you have booked a three-day Rental, you must submit your request at least 48 hours prior to the starting time or pick up time.
  6. Administration fee payable. Changes or cancellations to a purchase under this Section will incur a $20 administration fee per transaction (for example, two separate transactions will each incur a $20 administrative fee). If purchased through the website the Paypal fee will also be deducted.
  7. Applicable price. If you make a change request to purchased Products & Services, the change made will be based on the applicable price of the relevant Product or Service at the time of the change and not the price on the date of the original purchase.
  8. Proceeds are a Credit. Any net proceeds from a cancellation or change of purchased Products & Services under this Section will be distributed via Credit. Refunds will not be provided for such changes or cancellations unless we have failed to comply with the consumer guarantees under the Australian Consumer Law or are otherwise required by law to provide a refund, credit, or other remedy.
  9. Limits on requests. Cancellation or change requests cannot be made under this Section after the 48 hour period or following commencement or activation (as applicable) of Products & Services. No Credit or refund will be offered unless we have failed to comply with the consumer guarantees under the Australian Consumer Law or are otherwise required by law to provide a refund, credit, or other remedy. However:
    a. Cancellations sought due to illness or injury occurring within 48 hours of the time on the first day on which the applicable Product and / or Service is booked to commence or activate will be considered by Yogi’s for a Credit upon presentation of medical certificate where a cancellation request is made to Yogi’s prior to commencement or activation of the Product and / or Service; and
    b. If, after the commencement or activation of a product and / or service, an injury or medical condition is sustained and diagnosed by a Physician preventing a guest from making further use of Rentals, a Credit may be assigned by Yogi’s at its reasonable discretion upon presentation of a medical certificate is deemed satisfactory. The date of the credit will start once the equipment has been returned and not the time of the injury.

SECTION 10: CREDITS

  1. Use of credit. A Credit may be used towards the purchase of Products & Services at Yogi’s.
  2. Users of credit. A Credit may be used by the individual or any Family Member. Credits cannot be transferred or resold.
  3. Expiry. A Credit provided during the Australian ski season expires at the end of the next Australian ski season on the 30th of September.

SECTION 10: USE OF PRODUCTS AND SERVICES AND CONDUCT AT FALLS CREEK

  1. You acknowledge and agree:
    a. Compliance with rules, directions, and signs. You must follow all rules, signs, and directions Falls Creek Ski Lifts issue in relation to Ski Lift access and usage and safe and controlled skiing and snowboarding for the purposes of ensuring the safe use and operation of Ski Lifts and otherwise to maintain safety at Falls Creek. b. Code compliance. In using any Products & Services, you must:
  • Observe and comply with the Alpine Responsibility Code;
  • Conduct yourself at Falls Creek, including when skiing and snowboarding, in a safe, responsible, and controlled manner at all times; and
  • Not engage in any reckless or careless conduct.
    Failure to do so may result in the loss of your entitlement to use, or loss of benefits or privileged associated with, the Products and / or Services, including cancellation or suspension of your Mountain Access Card, Season Pass, Lift Ticket, or any other lift access.
  1. No transfer or resale. The Products & Services are for personal use only and must only be used by the person to whom it is assigned and must not be used by another person, resold, transferred, or altered in any manner. Such use may result in the Product or Service being confiscated or cancelled and no credit or refund will be provided.
  2. Communication requirements. You must provide a valid email address and mobile telephone number for the express purpose of receiving communications regarding your Product and / or Service and you acknowledge these are the only methods by which we will communicate with you.

SECTION 11: SEASON LONG EQUIPMENT RENTAL

  1. When you purchase a Season Long Equipment Rental, you acknowledge and agree to the following additional terms and conditions that apply to each Season Long Equipment Rental:
    a. Collection/return point. The equipment comprising the Season Long Equipment Rental must be collected from and returned to the Yogi’s from which the equipment was rented;
    b. Yours to use for the season. The equipment comprising the Season Long Equipment Rental, once collected, is equipment which is yours to utilise for the duration of the 2024 Australian ski season.
    c. Your responsibility. Once collected (and until the equipment is returned), you are responsible for the security and safe storage of the equipment, you accept responsibility for the equipment comprising the Season Long Equipment Rental, and you are responsible for any damage to the equipment outside of fair wear and tear.
    d. No use after return. Once the equipment is returned to us, the Season Long Equipment Rental is deemed concluded and cannot be collected again;
    e. No refund or cancellation except in certain circumstances. Once payment has been made, you will not be able to cancel or obtain a credit or refund on your Season Long Equipment Rental purchase or payment unless we have failed to comply with the consumer guarantees under the Australian Consumer Law (see Section 3) or are otherwise required by law to provide a refund or other remedy.
    Other than set out above, your Season Long Equipment Rental purchase (and any payment made) cannot otherwise be canceled or refunded and your equipment purchase (and any payment made) cannot be transferred or deferred to a future season.

SECTION 12: EXCLUSION OF LIABILITY AND YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT AND RESTRICT YOUR LEGAL RIGHTS

  1. This Section contains limitations and exclusions on our liability. Those limitations and exclusions are not intended to apply in any circumstances where the law does not permit us to do so, whether under the CCA, the Australian Consumer Law, the Wrongs Act 1958(Vic), or otherwise.
  2. Exclusion of our liability. To the fullest extent permitted by law and subject to your non-excludable consumer rights set out in Section 3, we are not liable for any Loss resulting directly or indirectly from or arising in connection with:
    a. Your breach of these Terms and Conditions;
    b. Your use of or access to any of the Websites, including but not limited to the electronic payment facility to purchase Products & Services;
    c. Your use of any Products & Services provided by Suppliers;
    d. Your failure to comply with any laws and / or the Alpine Responsibility Code; or
    e. Your infringement of the rights of any third party, except liability arising as a direct result of any negligence, fraud, wilful misconduct, or breach by us, and where our liability cannot be excluded, we limit our liability to the maximum extent that we are permitted by law to do so. Nothing in this clause excludes our liability for any matter for which it would be unlawful to exclude liability.
  3. Indemnity. To the fullest extent permitted by law, and subject to your non-excludable consumer rights set out in Section 3, you indemnify us against any Loss that we incur or suffer arising directly or indirectly in connection with:
    a. Your breach of these Terms and Conditions;
    b. Your use of or access to any of the Websites, including but not limited to the electronic payment facility to purchase any Products & Services;
    c. Your use of any Products & Services provided by Suppliers;
    d. Your failure to comply with any laws and / or the Alpine Responsibility Code; or
    e. Your infringement of the rights of any third party,
    including any Loss, Claim, or liability in respect of any personal injury or death, any damage to any property, or any claims by third parties in respect of personal injury, or death, or property damage; and
    except to the extent that liability, damage, cost, or expense is a direct result of any negligence, fraud, wilful misconduct, or breach by us.
  4. Risk warning for recreational services / activities. Where you purchase and / or use any of the Products & Services, you acknowledge and agree to the following terms:
    a. You acknowledge you must observe and comply with the Alpine Responsibility Code which is displayed on the following website: https://www.snowsafe.org.au/alpiner-esponsibility-code
  5. You acknowledge you purchase and / or use any recreational activity or service at the Alpine Resorts at your own risk. Such recreational activities or services include any and all Products & Services provided by Yogi’s associated with the use of the ski/snowboard slopes and the mountains at Falls Creek for recreational activities, including but not limited to skiing (including alpine, nordic, freestyle, and mogul skiing), snowboarding, tubing, snowbikes, mountain biking, and sightseeing, the provision and operation of ski lifts, riding on ski lifts, snowmaking, snow slope design, construction, maintenance and grooming, hazard assessment and mitigation, Snowsports Lessons, club, team, or development skiing or snowboarding programs and training, skiing or snowboarding competitions or events, and clothing and equipment rental;
    c.You acknowledge recreational activities and services are dangerous with many risks and hazards and personal injury (including serious personal injury) and sometimes death can occur as a consequence;
    d.You acknowledge the risks associated with recreational activities and services at the Alpine Resorts may not always be prominent, conspicuous, or physically observable and you accept those risks nonetheless;
    e. You acknowledge the risk warning set out in bold below and acknowledge the warning constitutes a reasonable risk warning pursuant to the Wrongs Act 1958(Vic) and any equivalent legislation;

IMPORTANT – RISK WARNING!
The Risk Warning displayed below forms part of the conditions of entry and use of Falls Creek Ski Lift’s facilities, equipment, and services at Falls Creek, including (without limitation) any use of the Products & Services.

RISK WARNING:
ALPINE RECREATIONAL ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SKIING, SNOWBOARDING, USING SKI LIFTS, SNOWTUBING, SNOWBIKES, TOBOGGANING, AND SNOW PLAY INVOLVE SIGNIFICANT RISKS WHICH MAY RESULT IN PHYSICAL HARM, INCLUDING PERSONAL INJURY, PERMANENT DISABILITY, OR DEATH.
SUCH RISKS AND HARM MAY RESULT FROM YOUR ACTIONS AND / OR OMISSIONS OR THOSE OF OTHERS OR THE NEGLIGENCE OF OTHERS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, COLLISIONS WITH ANOTHER PERSON, OBJECTS, SURFACES, OR TERRAIN; LOSS OF CONTROL AND / OR DIRECTION, AND / OR FALLING AT ANY TIME, INCLUDING WHILE PARTICIPATING IN ALPINE ACTIVITIES OR WHILE USING LIFTS; AND UNEXPECTED CHANGES IN WEATHER AND SNOW CONDITIONS.

  1. Waiver of liability for recreational services / activities. A supplier of recreational services or activities may ask you to agree the statutory guarantees under the Australian Consumer Law do not apply to you (or a person for whom or on whose behalf you are acquiring the recreational services or activities). By purchasing and / or using any of the Products & Services, you will be agreeing your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or activities) to sue us in relation to recreational services or activities you undertake because the recreational services or activities provided were not in accordance with the guarantees are excluded, restricted, or modified as set out in this clause.
    For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) or to which the Australian Consumer Law (VIC) applies:
    a. By agreeing to these Terms and Conditions through purchasing and / or using a Product or Service, you agree where we provide recreational services (as defined in the CCA and the Australian Consumer Law) and / or recreational activities (as that term is defined in the Wrongs Act 1958(Vic)), to the maximum extent permitted by law, we exclude any liability to you for death or personal injury arising out of any failure by us to comply with any consumer guarantees under the Australian Consumer Law (or any equivalent), except with respect to death or personal injury that is due to our gross negligence.
    b. For the purposes of this Section, death or personal injury means:
    I. Death;
    ii. Any physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury);
    iii. The contraction, aggravation, or acceleration of a disease; and
    iv. The coming into existence, the aggravation, acceleration, or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct, or state of affairs:
    A. That is or may be harmful or disadvantageous to you or the community; or
    B. That may result in harm or disadvantage to you or the community,
    that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or activities.
    You acknowledge and agree the above provision operates to exclude our liability as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with the Wrongs Act 1958(Vic).
    For recreational services to which the Australian Consumer Law (Victoria) applies:
    Warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic):
    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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
    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-
    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 exclusion of these statutory guarantees is brought to your attention by this form.
    NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the suppliers’ 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 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
    Exclusion of rights under the Australian Consumer Law & Fair Trading Act 2012 (Vic): By agreeing to these Terms and Conditions through purchasing and / or using a Product or Service, you agree that our liability for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded, except with respect to death or personal injury that is due to our gross negligence.

SECTION 12: WEBSITES

  1. Except as set out in and subject to your non-excludable consumer rights as set out in Section 3:
    a. As is. To the fullest extent permitted by law, the Websites are provided on an “as is” basis without any warranties or representations of any kind and all statutory or implied conditions or warranties of any kind relating to access to, or use of, the Websites are expressly disclaimed;
    b. Time / delays. We will use reasonable endeavours to process electronic payment transactions in a timely and secure manner, but we make no warranties or representations regarding the time required to initiate or complete the processing of any transaction;
    c. Exclusion of our liability. We are not liable to you for any Loss of any kind caused by any delay of the Websites or the failure of the Websites to perform operations (including but not limited to electronic payment processing) 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 any of the Websites 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 or costs associated with servicing or replacing equipment or data; or
    vi. Any other event beyond our reasonable control;
    d. No warranties. We do not warrant or represent that:
    I. We will be able to prevent any illegal, harmful, or inappropriate access, use, modification, or alteration of any of the Websites, including but not limited to the electronic payment facility;
    ii. We will give notice of such access, use, modification or alteration;
    iii. Use or access to any of the Websites will be continuously available, secure, free from any defect or delay in operation or transmission, free from any virus or other harmful data, code, components, or free from communications failure, internet access difficulties, or malfunction in hardware or software;
    iv. The Websites or any content on the Websites will meet your requirements; or
    v. The content on any of the Websites does not infringe any third-party intellectual property rights;
    e. Third party links. The Websites may provide links to third party websites and the products or services of third parties. If you use any of these links, you leave the Websites. Suppliers have not reviewed and do not control these websites and are not responsible for their content. We are not responsible and are not liable in any way for third party content provided on or through any of the Websites. If you access, use, or purchase any goods or services via third party websites, you do so at your own risk;
    f. Advertising links. The Websites may from time-to-time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. We do not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from these third parties or visit any of their websites, you do so at your own risk; and
    g. Limiting access. Suppliers may at any time:
    I. Discontinue or limit access to any of the Websites or its content; or
    ii. Terminate or limit your access to any of the Websites if you breach these Terms and Conditions.

SECTION 13: GENERAL

  • Entire agreement. These Terms and Conditions (and where applicable, your signed waiver and release of liability) comprise the entire agreement between you and us in relation to its subject matter and supersede any prior agreement or understanding on anything connected with its subject matter.
  • In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to the extent necessary to allow all remaining terms and conditions to survive and continue as binding.
  • Governing law. These Terms and Conditions are governed by the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
  1. Questions and complaints. If you have any questions about your purchase or have a complaint, please promptly email us so they can attempt to resolve your question or complaint.
  2. Dispute resolution. If you have any issue arising out of these Terms and Conditions or in relation to purchasing or use of the Products & Services, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

 

SECTION 25: CONTACT POINTS

info@yogisfalls.com.au