Terms & Conditions

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

Equipment Hire Agreement

IMPORTANT NOTICE

  • 1. All snow sports (skiing, snowboarding, and tobogganing) carry the risk of injury and damage to property.
  • 2. The risk of injury is reduced but not eliminated by the correct setting of bindings, the use of wrist guards, and approved helmets.
  • 3. Ski bindings are designed to release under load. The tension of bindings can and should be adjusted to reflect the experience of the user and the snow conditions to be encountered.
  • 4. Snowboards have bindings that do not release under load, with the consequence that the user may suffer injury.

10% OFF ONLINE DISCOUNT

  • 1. Valid only when orders are placed 48 hours before pick up.
  • 2. Date changes must be advised via email – yogisfalls@gmail.com 48 hours in advance.
  • 3. You may add additional equipment to your order at the time of collection or before. Normal pricing applies.
  • 4. Each booking must be fully exhausted per visit. Multiple bookings are permitted (and encouraged).  For example, Your family (2 adults & 2 kids) will spend three separate weekends at Falls Creek this season. You may create three separate bookings for 2-day ski hire. Not one booking for 6-day ski hire.

Delivery & Pick-Up

  • 1. Valid only for customers that rent for multiple days and are staying in the Falls Creek resort.
  • 2. Delivery is only guaranteed after shop hours. If you arrive during the day and would like to use the equipment straight away, you can take the equipment with you after your fitting.
  • 3. Delivery without a fitting is NOT recommended.
  • 4. Pick up/ collection of your rental equipment at the end of your hire, must be in a secure location. Please ring the store 03 5758 3377 to let us know you are finished and explain where the gear is and any codes needed to access the area.

AGREEMENT

  • 1. In considering your hiring of equipment to me, I agree to be bound by the following terms and conditions.

AGENCY

  • 2. I enter into this agreement with you both personally and on behalf of and as the authorised agent of each user.

ACCURACY OF USER PARTICULARS

  • 3. I certify that the particulars inputted digitally through the online booking service of the height, weight, age, and experience of skiing/snowboarding ability of each user is complete and accurate. I understand that you rely on the accuracy of those particulars in determining the suitability of the equipment to be hired and also determine the setting for bindings.

USE AND RETURN OF EQUIPMENT

  • 4. Both personally and on behalf of each user I agree that:
  • a) I am fully responsible for the equipment during the term of this Equipment Hire Agreement;
  • b) The equipment must not be removed from Falls Creek unless you have written permission;
  • c) Before receiving the equipment from you I had the opportunity to personally examine it and found it to be in good working order and condition;
  • d) I will return the equipment by 5:30 pm on the agreed return date otherwise I must pay an additional hiring charge, calculated at our daily hire rate. I authorize you to debit my credit card for any further such hiring charges.

DAMAGE TO EQUIPMENT

  • 5. If I have paid an agreed damage waiver amount to you I understand that I will not be required to make good damage to the equipment that is caused in the course of its reasonable use on Falls Creek, provided that return the equipment regardless of its condition.
  • 6. If I do not return the equipment in the same condition as when I received it, then unless I have agreed to pay you a damage waiver, I agree to pay the full retail cost of replacing the damaged equipment. In that circumstance, both personally and on behalf of each user authorise you to draw against my equipment security deposit provided by me. If I have paid for the equipment hire/or the security deposit by credit card then I hereby authorise you to debit my credit card for the full retail cost of the damaged equipment. If the funds are insufficient then I will immediately pay you the balance.

LOSS OF EQUIPMENT

  • 7. I acknowledge that if I do not return the equipment or any part of it to you then I must pay the full retail cost of replacement equipment. For that purpose, I authorise you to draw against any equipment security deposit provided. If I have paid for the equipment hire/or the security deposit by credit card then I hereby authorise you to debit my credit card for the full retail replacement cost of the equipment. If the funds are insufficient then I will immediately pay you the balance.

ACKNOWLEDGMENT AND ACCEPTANCE OF RISK

  • 8. I have read and brought to the attention of each user the Important Notice. Both personally and on behalf of each user, I acknowledge that:
  • a) Participation in snow sports, involving the equipment, carries a risk of injury or death and/or damage to property:
  • b) I have not relied upon any advice or representation of you regarding the suitability, safety or performance characteristics of the equipment, and
  • c) I am medically fit to use the equipment and that a medical practitioner has recently certified me as fit to engage in snow sports.

EXCLUSION OF LIABILITY

  • 9. The maximum extent permitted by law, both personally and on behalf of each user;
  • a) I release you and indemnify you against all liability including liability for negligence and all injury loss and damage arising out of or connected with the use of the equipment.
  • b) I indemnify you and agree to hold you harmless in respect to any claim howsoever arising for death personal injury, loss and/or damage.

REFUND, AMENDMENT, AND CANCELLATION POLICY

  • Only under the below circumstances will refunds, amendments, and cancellations be considered;
    • If you are injured before or during your stay you must email yogisfalls@gmail.com immediately with a doctor’s certificate clearly outlining your inability to ski or snowboard. Each case will be assessed for its uniqueness. If more than 48 hours’ notice is given before the scheduled fitting a full refund minus a $20 admin fee and the surcharge fee will be paid back through Paypal.
      No cash refunds will be issued.
    • No refunds will be given for the early return of rental equipment for reasons relating to weather or ‘change of mind’.

ONLINE BOOKING

  • 11. Both personally and on behalf of each user I agree that all online reservations are final. In the event of a cancelation, no-show, or change of booked dates I agree that you are not obliged to make a refund to me.

ENTIRE AGREEMENT

  • 11. This agreement constitutes my entire agreement with you. It supersedes any prior discussion or agreement.

LAW

  • 12. The law in the State Of Victoria governs our agreement. If we have a dispute it must be conducted in the Courts of Victoria.

DEFINITIONS

  • 13. In this equipment hire agreement:

“Equipment” means the equipment supplied to users as particularised on the reverse side of this document and/ or inputted digitally through the online booking service and/or self-check-in service.
“I” means the person named on the reverse side of this document and/ or inputted digitally through the online booking service and/or self-check-in service as the customer/hirer and also my hirers, executors, administrators or anyone else who might claim on my behalf;
“Snow Sports” means but is not limited to, skiing, snowboarding, and tobogganing
“User” means each and all of the persons whose surname and initials are reordered on the reverse side of this document and/ or inputted digitally through the online booking service and/or self-check-in service;
“You” mean’s Yogi’s Ski & Snowboard Hire ABN 43 625 095 588 and its servants, agents, representatives, successors, and assigns.