Mt Buller 2015 Lift & Premium Lessons
Inclusions: Unrestricted Lift Ticket
Lesson Duration: 2 Hours (number is varient on days purchased)
Lesson Start Times: 10:00am (Low & Value)
Ages: Adult - 18+yrs, Tertiary18+yrs with Full Time ID, Secondary Student 15-18yrs with Student ID
Season Dates: Low: 6-26 June & 7-27 Sep/ Value 27 June - 6 Sep
Requirements: Helmets are compulsary for all children participating in lessons at Mt Buller
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS
Buller Ski Lifts Pty Ltd being the Supplier of recreational services in the Mount Buller Alpine Resort sells all access products, including tickets and Buller Passes, that provide the purchaser with access to all ski lifts in the
Resort on a daily or multi day basis and supplies all recreational services including skiing, snowboarding, tobogganing, snowtubing, skiing and snowboarding lessons, snow making, snow grooming, the use of chair lifts,
t-bars, moving carpet, rope tows, operations of the ski patrol, the condition, layout, design, construction, maintenance, grooming and use of ski/snowboard slopes and surrounds (including the presence of people or
objects thereon or nearby) and all other associated sporting activities or similar leisure time pursuits (recreational activities) subject to the following conditions:
1. By participating in any recreational activities or by using any of the above facilities or services in the Mount Buller Alpine Resort you are deemed to agree to these conditions.
2. The Supplier, its employees, directors and agents are not liable to you, your dependants or legal representatives for personal injury or death suffered by you due to the recreational activities not being supplied with
due care and skill or not being reasonably fit for their purpose or for breach of any other of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract
or statute or statutory duty by the Supplier.
3. You acknowledge that the recreational activities are dangerous with many risks and hazards and as a consequence personal injury and sometimes death can occur and you assume and accept all such risks and
hereby waive the right to sue the Supplier for any personal injury or death in any way whatsoever caused by or arising from your participation in such activities;
4. WARNING: If you participate in these activities your rights to sue the Supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with
due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in paragraphs 2 and 3 of this notice.
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 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 & Fair Trading Regulations 2012 and
section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
5. If you purchase any access product or recreational service from the Supplier on behalf of another person, you make that purchase as the agent of the other person who as a consequence is bound by these conditions.
6. You must comply with the Alpine Responsibility Code and all signs or other directions of the Supplier, its employees and agents and they may suspend or cancel your access to recreational activities at the
Mount Buller Alpine Resort in their absolute discretion for non compliance with the Code, these conditions, or for reckless or careless conduct.
7. Despite any other provision of these conditions to the contrary, to the extent permitted by law in no event will the Supplier or its employees, directors and agents be liable to you, your dependants or legal
representatives in respect of any claim for any indirect or consequential loss including without limitation personal injury, financial loss (such as loss of profit, or use of capital or revenue or otherwise) or for
any punitive, exemplary, special or incidental loss or damage whether such liability arises in contract, tort (including negligence), equity, breach of statute or statutory duty or breach of any consumer guarantees.
8. You must carry your Buller Ski Lifts Pty Ltd access product/ Buller Pass in or on your ski jacket at all times on the ski/snowboard slopes which must be presented to the Supplier’s authorised personnel upon request.
9. All Buller Ski Lifts Pty Ltd access products/Buller Passes remain the property of the Supplier and must not be resold, transferred or altered in any manner. They are valid only for the dates purchased.
The Supplier will not refund or replace any access product/Buller Pass if it is lost, if you suffer any illness or injury or if any lift service is not operating.
10. These conditions shall be governed by and construed firstly in accordance with the laws of the State of Victoria and then in accordance with the laws of the Commonwealth of Australia.
If any of these conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining conditions shall remain and continue to be valid, binding and enforceable.