Terms and Conditions of website use

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.

The website www.skisouthamerica.com.au (“Website”) is owned and operated by Ski South America (ACN 142 159 555) or its affiliates (“Ski South America”).

These terms and conditions (“these Terms”) govern your use of the Website. Please read these Terms carefully, as by accessing the Website you:

(a)   acknowledge that you have read and understood these Terms; and
(b)   agree to be bound by these Terms.

PRIVACY

Ski South America recognises the importance of your privacy. A copy of Ski South America’s privacy policy can be found here.

BOOKINGS MADE THROUGH THE WEBSITE

Ski South America act as a disclosed agent for third party suppliers and your contract is directly with them. Bookings are subject to the supplier’s terms and conditions and policies and you should read these before proceeding with your booking. Ski South America’s role as agent is limited to facilitating bookings and arranging documentation, payments and refunds, as applicable. If you wish to change or cancel your booking you must contact us. Ski South America will contact the hotel on your behalf and do our best to assist you. Ski South America cannot guarantee that changes can be made.

The hotel’s policy on cancellations will generally be displayed on the relevant property details page and booking page. Some hotels may accept a cancellation (with or without a cancellation charge) but it is entirely at their discretion. The fees charged by us at the time of reservation is non-refundable. For any permitted modifications or changes (inc. cancellation) to your booking Ski South America apply an administration charge per booking which we will advise you of at the time. If you fail to cancel a booking and do not check-in in accordance with the booking, you will be charged for up to the full amount of the booking.

Ski South America may pass on your credit card details and any other essential booking details to the third party supplier who may charge your card directly for all or part of your booking payment. For details of how Ski South America collect and use your personal information please view our Privacy Policy.

By making a booking through the Site you warrant that you are at least 18 years old. To eliminate booking fraud, the hotel guest will need to produce photo identification to ensure their identity matches the guest named in the booking. Ski South America may request the hotel to take a copy and provide this information to us to verify the guest’s check-in details. The hotel guest will also need to provide the hotel a valid credit card at check in to cover incidentals.

Prices for hotels include all taxes, unless otherwise stated on the Website.

Ski South America do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party suppliers who we have no direct control over. Ski South America make no warranty or representation about the fitness or suitability of any product or service advertised on the Website.

Ski South America recommend that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover.

Ski South America always try to settle any issues or complaints quickly and fairly. Any correspondence should be sent by email to contact us.

SUBMISSION OF MATERIAL BY YOU

You warrant that you are the sole and exclusive legal owner of any material you submit to the Website, including without any limitation written material, graphics, video clips, photographs, sound recordings and any other material contributed to the Website by you (“Your Material”) and that you are authorised and entitled to submit Your Material to Ski South America in accordance with these Terms.

BY SUBMITTING YOUR MATERIAL TO THE WEBSITE, YOU IRREVOCABLY AND UNCONDITIONALLY ASSIGN ALL PRESENT AND FUTURE COPYRIGHT AND ALL OTHER RIGHTS, TITLE AND INTERESTS OF WHATSOEVER NATURE IN YOUR MATERIAL TO SKI SOUTH AMERICA.

In addition, you irrevocably and unconditionally waive in perpetuity all moral rights that you may have in Your Material.

Ski South America may exclusively edit, adapt or change Your Material or remove it from the Website as it sees fit.

INTELLECTUAL PROPERTY

All material made available on the Website, including without any limitation Your Material, trade marks, written material, graphics, logos, video clips, photographs, sound recordings, interactive features and software (“Website Material”) is owned by Ski South America, or is included with the permission of the owner, and is subject to intellectual property rights under local and international laws.

INFORMATION ON THE WEBSITE

The Website contains user generated information.

Accordingly, the opinions included on the Website do not necessarily represent the views of Ski South America. Ski South America does not make any representations or warranties as to the accuracy, reliability or completeness of the Website Material.

YOUR USE OF THE WEBSITE

You are not permitted to copy, adapt, distribute, display or exploit the Website Material for any other purpose, without Ski South America’s prior written consent.

You are solely responsible for the content of all communications made by you via the Website. You must comply with all laws while using the Website and your communications must not violate any law, infringe any third party rights or use the Website in any way that damages Ski South America, interferes with Ski South America’s system or disrupts, harms, offends, abuses, threatens, harassed or defames other Website users.

You indemnify and hold Ski South America (including its officers, servants and agents) harmless from and against any and all claims, actions, proceedings, costs, damages, expenses (including legal expenses) and liabilities arising from any claims, actions or proceedings made, brought or commenced by any person in relation to your use of the Website.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites.  The links are provided in good faith but Ski South America has no control over, and assumes no responsibility for the availability, content, accuracy or function of other websites.

A link to another website does not suggest that that Ski South America endorses its contents.

FURTHER WARNING

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer codes or other forms of interference which may damage your computer system. Ski South America takes no responsibility for any damage or loss which arises in connection with your use of the Website.

LIMITATION OF LIABILITY

In no event will Ski South America accept any liability for any injury, loss (direct or consequential) or damage arising from the use of or connected with our site or any products or services purchased on our site, whether arising from negligence or otherwise. We make no warranty or representation as to the fitness or suitability of any product or service displayed on our site. We sell accommodation from inventory supplied by each accommodation provider and we do not over-sell that inventory (we cannot accept liability for unavailability of rooms caused by an accommodation provider over-selling its own inventory).

Nothing in these Terms is intended to limit or exclude Ski South America’s liability where or to the extent that applicable laws prohibit such exclusion or limitation.

ENTIRE AGREEMENT

These Terms contain all the provisions of the agreement between you and Ski South America.

CHANGES TO THESE TERMS AND CONDITIONS

Your visit to the Website is governed by the most up-to-date version of these Terms posted on the Website at the time of access. It is your responsibility to read and understand these Terms each time you visit the Website, as without prior warning, Ski South America may add to, delete or amend these Terms.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of Victoria and Australia and the parties submit to the jurisdiction of the Victorian and Australian courts.

SEVERANCE

If any term of these Terms is held to be invalid, void, unenforceable or illegal for any reason, these Terms will otherwise remain in full force and effect apart from such provision, which will be deemed to be deleted or modified to overcome that objection.