Terms & Conditions

The Terms and Conditions set out below will apply to any Reservation and any Booking made by the Customer with Snobus Pty Ltd ACN 071 585 281 trading as Snowscene or Ski Scene Travel (Snowscene). The Customer is responsible for reading these Terms and Conditions and must not request a Booking unless they agree with and understand the Terms and Conditions.

By accepting a booking with Snowscene the Customer agrees and declares that:

• the Terms and Conditions have been read and understood by the Customer;
• the Customer agrees to be bound by the Terms and Conditions; and
• the acceptance of the Terms and Conditions by the Customer comprises an agreement which governs all arrangements between Snowscene and the Customer.

1. 1. Definitions
   1. Airfare Booking means the booking of airline tickets with Third Party Travel Providers;
   2. Amendment Fee means the amount charged by Snowscene to the Customer as a result of an amendment or change to a Booking and will, as at the date of this agreement, be:
      1. $100 per Booking if the amendment is requested by the Customer prior to twenty-one (21) days from the Start Date or after Travel Documentation has been issued by Snowscene to the Customer; or
      2. $50 per person per Booking if the amendment is requested by the Customer within twenty-one (21) days of the Start Date or after Travel Documentation has been issued by Snowscene to the Customer; or
      3. such other amount advised by Snowscene to the Customer prior to any amendment or change to a Booking;
   3. Cancellation Fee means the amount charged by Snowscene to the Customer for the cancellation of a Booking and will, as at the date of this agreement, be:
      1. $150 per person per Booking if the cancellation occurs prior to sixty (60) days prior to the Start Date; or
      2. any other amount advised by Snowscene to the Customer at or before the time of cancellation of the Booking;
   4. Booking means any travel arrangements booked by Snowscene for the Customer at the Customer’s request;
   5. Confirmation means the written confirmation provided by Snowscene to the Customer of the Booking and will include the Price;
   6. Deposit means the deposit payable by the Customer for the Booking as advised by Snowscene. As at the date of this agreement, the deposit amounts are as follows:
      1. standard deposit – 30% of the Price; or
      2. if required by a Third Party Travel Provider – 50% of the Price; or
      3. if the Booking involves a Snowscene Operation – $600 per person; or
      4. any other amount advised by Snowscene to the Customer;
   7. Booking Fee means the amount payable by the Customer to Snowscene for the facilitating the Booking:
      1. Generally – $50 per Booking; or
      2. When a Booking is made by the Customer within twenty-one (21) days of the Start Date – $100 per Booking;
      3. any other amount advised by Snowscene to the Customer prior to the Booking;
   8. Customer means the Customer (or any person acting on behalf of and with the authority of the Customer);
   9. GST means any form of goods and services tax payable under the GST Law;
   10. GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
   11. Price means the final price (inclusive of GST) payable for the Booking including the Booking Fee and any Service fee payable by the Customer to Snowscene as provided on the Confirmation;
   12. Quotation means an indicative price provided by Snowscene to the Customer for the Travel Products. A Quotation may be verbal, in writing or verbal and in writing;
   13. Reservation means an arrangement by which the Travel Product is reserved by Snowscene for and on behalf of the Customer. A Reservation is a temporary arrangement and is not a Booking;
   14. Service Fee means the fee charged by Snowscene to the Customer where any of the Travel Products are booked via a Third Party Travel provider website. Such fee will be as advised by Snowscene to the Customer at the time of Booking;
   15. Snow Guarantee means any guarantee provided by a Third Party Travel Provider to the Customer regarding snow or other like conditions where failure to meet the guarantee gives the Customer the right to cancel the Booking pursuant to the terms and conditions applicable to the relevant Snow Guarantee;
   16. Snowscene means Snobus Pty Ltd ACN 071 585 281 trading as Snowscene or Ski Scene Travel (as the case may be);
   17. Snowscene Operation means any travel arrangements conducted by Snowscene on behalf of the Customer;
   18. Start Date means the date upon which the Customer commences the travel under the Booking;
   19. Third Party Travel Provider means the company or person who provides the Customer with the Travel Product;
   20. Third Party Travel Provider Fee means any fee charged by a Third Party Travel Provider for any amendment or Cancellation to a Booking. The Customer acknowledges and agrees that the Third Party Travel Provider Fee can be up to 100% of the Price;
   21. Travel Documentation means any documentation provided by Snowscene to the Customer including but not limited to an itinerary, airline tickets, transfer vouchers, hotel vouchers, tour vouchers and any other document used to confirm a Booking with a Third Party Travel Provider; and
   22. Travel Product means any service or product provided by a Third Party Travel Provider to a Customer pursuant to a Booking.
2. 2. Reservations and BookingsThe Customer acknowledges and agrees as follows:
   1. Reservations are temporary only and held for the period of time specified by Snowscene pending a Booking by the Customer.
   2. All Reservations made by Snowscene for and on behalf of the Customer are subject to availability of the Travel Product and can be withdrawn at any time without notice to the Customer.
   3. All flights, transfers, car hire, accommodation, equipment and clothing hire, lift passes, lessons or any other component of the Customer’s Reservation are subject to availability at the time of the Booking.
   4. in respect of airfares Reservation and Bookings:
      1. the Customer must provide each traveller’s name as it appears on the respective traveller’s passport Snowscene is not liable in any respect for any error in the traveller’s name.
      2. the Customer is required to pay for all airfares at the time of Snowscene finalising the booking or as otherwise advised by Snowscene in writing; and
      3. airfare Bookings are subject to change at any time.
   5. Snowscene reserves the right, without notice, to modify, cancel or withdraw all or any part of a Booking if the requested component becomes unavailable with a Third Party Travel Provider Page 3 axj:q:\142191\axj_002.docx after the Booking has been confirmed. In the event that a Third Party Travel provider cancel’s a Travel Product, Snowscene will, where possible, provide a refund to the Customer.
   6. Bookings with Third Party Travel Providers are subject to the Third Party Travel Providers terms and conditions as printed or referred to in the Customer’s Travel Documentation. The Customer is responsible in all respects for reviewing any Third Party Travel Providers terms and conditions.
3. 3. Invoices
   1. Upon making the Booking, Snowscene will issue a Confirmation for the Booking to the Customer.
   2. Snowscene may re-issue a Confirmation if incorrect through error or omission. In the event a Confirmation is re-issued, the Customer may elect either:
      1. accept the liability to pay any fees and costs associated with the re-issue of the Confirmation; or
      2. cancel the Booking (subject to any Cancellation Fees that may apply).
4. 4. Pricing
   1. All advertised prices published by Snowscene in any medium are in Australia dollars unless otherwise stated and are subject to change without notice.
   2. Any Quotations provided by Snowscene to the Customer is subject to change and can be withdrawn or varied by Snowscene without notice to the  customer at any time up until the Booking.
   3. All Quotations supplied by Snowscene to the Customer are subject to currency fluctuations until the time of Booking.
   4. The Price provided by Snowscene to the Customer will be GST inclusive unless otherwise specified.
5. 5. Payment
   1. The Deposit is payable within seven (7) days of the date of the Confirmation or as otherwise advised by Snowscene to the Customer in writing.
   2. If the Deposit is not received within seven (7) days of the date of the Confirmation or any other date specified by Snowscene, Snowscene may cancel the Booking without further notice to the Customer. Cancellation Fees may be applicable at the discretion of Snowscene.
   3. The balance amount of the Price is required to be paid as advised by Snowscene but in any event not less than sixty (60) days prior to the Booking’s Start Date.
   4. If a Booking is made within sixty (60) of the Start Date, the Customer will be required to make full payment of the Price to Snowscene immediately upon Snowscene issuing the Confirmation.
   5. All payments made by credit card to Snowscene will be subject to an applicable credit card surcharge which will be applied at the time of payment.
   6. In the event of cancellation of a Booking for any reason whatsoever, any credit card surcharge will not be refunded.
6. 6. Fees
   1. The Customer acknowledges and agrees that Snowscene may charge:
      1. Booking Fee; and
      2. Service Fee,
      which fees will be included in the Price.
7. 7. Amendments and Cancellations
   1. Snowscene will not cancel or amend any Booking at the request of the Customer without instructions from the Customer in writing.
   2. An Amendment Fee or Cancellation Fee may be charged by Snowscene for any amendment or cancellation of a Booking by a Customer.
   3. A Third Party Travel Provider Fee may be charged by the Third Party Travel Provider and must be paid by the Customer prior to Snowscene processing any amendment or cancellation to the Booking.
   4. Snowscene will under no circumstances provide a refund for any cancellations of a Travel Product within sixty (60) days prior to the Start Date.
8. 8. Snowscene Operations
   1. Snowscene reserves the right to amend or cancel Snowscene Operation.
   2. In the event that Snowscene cancels a Snowscene Operation the Deposit will be refunded in full by Snowscene to the Customer.
   3. In the event that Snowscene cancels a Snowscene Operation, Snowscene may offer the Customer an alternative Snowscene Operation, The Customer may, at its sole discretion choose to book the alternative Snowscene Operation.
   4. In the event that an alternative Snowscene Operation is booked by a Customer, any Deposit paid with respect to the initial Snowscene Operation Booking will be applied by Snowscene to the new alternative Snowscene Operation Booking.
9. 9. Travel Documentation
   1. Snowscene will use best endeavours to issue Travel Documentation to the Customer at least fourteen (14) days prior to the Start Date.
   2. The Customer may request in writing that Snowscene provide the Travel Documentation to the Customer earlier than fourteen (14) prior to the Start Date by giving Snowscene not less than two (2) weeks written notice prior to the date which the Travel Documentation is required.
   3. If any Travel Documentation is required to be re-issued to the Customer Snowscene reserves the right to charge the Customer a reasonable fee for the re-issue of the Travel Documentation.
10. 10. Liability
    1. To the extent permitted by law, Snowscene will not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom Snowscene has no direct control, force majeure or any other event which is beyond Snowscene’s control or which is not preventable by reasonable diligence on Snowscene’s part. Under circumstances where Snowscene’s liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of Snowscene under applicable law (including the Australian Consumer Law). This liability clause is subject to the Customer’s rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights the Customer may have under the Competition and Consumer Act 2010 (Cth).
11. 11. Agency
    1. The Customer acknowledges and agrees that:
       1. Snowscene sells various travel related products as agent on behalf of Third Party Travel Providers;
       2. Snowscene’s responsibility is to make travel bookings as the Customer’s agent and to arrange relevant contracts between the Customer and Third Party Travel Providers;
       3. Snowscene has no control over, or liability for, the services provided by Third Party Travel Providers to the Customer; and
       4. all bookings are made on the Customer’s behalf subject to the terms and conditions of the respective Third Party Travel Provider. Snowscene will provide the Customer with copies of the relevant Third Party Travel Providers terms and conditions upon request.
12. 12. Passports, Visas and Health
    1. The Customer is solely responsible for obtaining valid passports and any visas or other documentation, including transit visas, which may be required or associated with the Booking.
    2. The Customer acknowledges that at least six (6) months validity on passport from the date of return is required when travelling overseas.
    3. The Customer acknowledges and agrees that it is the Customer’s sole responsibility to be aware of any health requirements for the Customer’s travel destinations.
13. 13. Travel Insurance
    1. The Customer acknowledges and agrees that:
       1. the Booking does not include travel insurance;
       2. the Customer has considered obtaining comprehensive travel insurance and that Snowscene is not responsible for any failure by the Customer to obtain travel insurance; and
       3. the Customer is solely responsible for obtaining travel insurance.
14. 14. Warranties
    1. The Customer warrants to Snowscene that:
       1. they are at least eighteen (18) years old; and
       2. have capacity to enter into binding contracts with Snowscene and Third Party Travel Providers; and
       3. all information provided by the Customer to Snowscene is true and correct.
15. 15. General
    1. Snowscene will not provide any refunds to the Customer for any unused vouchers for accommodation, meals, car rental, ski pass, equipment or unused services supplied by Snowscene.
    2. National Park Entry Fees, tolls & charges, airport fees, car parking, transportation to and from resorts (if not stated), food not included in the package, telephone calls, ski locker rentals and any other item of a personal nature are not included in the Price.
    3. The Customer acknowledges and agrees that:
       1. Snowscene will not under any circumstance be held responsible for snow conditions;
       2. Snow Guarantees are privately run by participating resorts and subject to the terms and conditions of the Third Party Travel Provider;
       3. the Customer cannot cancel, alter or amend a Booking on the basis of weather conditions without Amendment Fees or Cancellation Fees being charged; and
       4. average snow fall statistics can be found on each ski resorts website around the world and Snowscene encourages the Customer to conduct their own research for snow coverage at time of travel.
    4. The Customer must attempt to resolve any issues encountered with their Booking directly with the Third Party Travel Providers prior to contacting Snowscene for assistance once the Start Date has commenced.
16. 16. Operative Provisions
    1. These Terms and Conditions are governed by the laws of the State of Queensland, Australia and the Customer irrevocably submits to the exclusive jurisdiction of that State.
    2. If any provision of these Terms and Conditions is deemed to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.