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(a) "Act" means the Alpine Resorts (Management) Act 1997;
(b) "Regulations" means the Alpine Resorts (Management) Regulations 2009;
(c) "Board" means the Mt Hotham Alpine Resort Management Board;
(d) "Conditions" means these Permit Conditions;
(e) "Mt Hotham" means the Mt Hotham Alpine Resort;
(f) "Season Car Permit Holder" means the person for the time being holding a Permit;
(g) "Permitted Vehicle" means a motor vehicle for which a Permit has been issued;
(h) "Permit" means a category of Permit for a privately registered motor vehicle only (with a seating capacity of 12 or less including the driver) excluding commercial motor vehicles;
(i) "Infringement Notice" is a notice issued under the Road Safety Act 1986 Road Safety (General) regulations 2009;
(j) Unless defined in this Permit, expressions have the same meaning as in the Regulations;
(k) "Commercial Motor Vehicles" include any Motor Vehicle which is used or intended to be used for carrying passengers for hire or reward;
(l) "Authorised Officer" means a person appointed by the Secretary as an Authorised Officer under section 83 of the Conservation, Forests and Lands Act 1987.
The Conditions are made under Regulations 11, 30, 33, 36, and 39 and include any other conditions specified in the Permit.
3. Acknowledgements by Season Car Permit Holder
(a) No representation, warranty or assurance is given that the Permit will be issued for any further snow season.
(b) No right, title, interest or legitimate expectation is embodied in the issue of the Permit.
(c) Property in the Permit vests in the Board who may in its discretion, mark, endorse, invalidate, vary, confiscate and/or cancel the Permit.
(d) Permit is not to be used to provide financial gain to the Permit Holder or vehicle owner, or any other person or entity.
(e) Breach of any conditions may lead to cancellation of this Permit.
4. General Conditions Applicable to Season Car Permits
(a) This Season Car Permit is non-refundable and non-transferable.
(b) One registration number only can be nominated per Season Car Permit.
(c) Where the Permitted Vehicle is sold, the registration number allocated to this Seasons Permit cannot be changed once purchase has been finalised. A replacement will only be issued to vehicles registered in the same name as the Season Car Permit Holder and proof of ownership via registration papers must be produced (replacement fees apply).
(d) The vehicle registration number on the Season Car Permit must not be altered.
(e) Season Car Permit Holder must comply with the directions of an Authorised Officer or reasonable directions of a Board employee given at any time and from time to time in the interest of safety or the management, protection or control of traffic within the Resort.
(f) Under Regulation 13 a vehicle left without lawful authority in the Resort may be seized and removed by an Authorised Officer and may be retained until the owner reimburses the cost of removal, retention and release of the vehicle.
(g) Season Car Permit Holder must comply with Resort signage at all times, including at both entry points to the Resort.
(h) Season Car Permit Holder must not obstruct or hinder the flow of traffic and snow clearing machinery.
(i) The Season Car Permit entitles the Permitted Vehicle day and/or overnight Resort entry access to Mt Hotham during the dates stipulated on the Permit.
(j) The Season Car Permit authorises parking for the Permitted Vehicle only. The Permitted Vehicle is to be parked as directed by the Board staff or relevant traffic signs. Vehicles parked incorrectly may be issued with an Infringement Notice.
(k) A vehicle observed speeding by an Authorised Officer within the Resort boundaries is liable to have their Permit revoked.
(l) The use of the Board Season Car Permit shall not be used to provide commercial gain to the vehicle owner or Permit Holder, or any other person or entity.
(m) The Season Car Permit Holder must not breach any Regulations, in particular must carry and fit where directed diamond pattern chains appropriate for the vehicle.
The Season Car Permit Holder must indemnify and keep indemnified the Board, its employees, agents or contractors from and against any and all claims, losses, damage and liability (whether civil or criminal) including any injury or death which is incurred by the Board as a result of the use of the Permitted Vehicle at Mt Hotham whether at the suit of the Season Car Permit Holder, any persons claiming under the Season Car Permit Holder or at the suit of any third party.
The Season Car Permit Holder and any person claiming on behalf of the Season Car Permit Holder forever releases the Board, its employees, agents or contractors from and against any claim, loss, damage or liability (whether civil or criminal) including injury or death as a result of the use of the Permitted Vehicle at Mt Hotham.
Information collected when purchasing your Season Permit is not provided or available to any other party and is appropriately destroyed when no longer required.
8. Notification of Changes
The Mount Hotham Resort Management Board reserves the right to change these Permit conditions where necessary or convenient. Where a change affects a Season Car Permit Holder, we will give the Permit Holder written notice of any changes to these Terms and Conditions.