Peak Season

Terms & Conditions and Cancellation Policy

1. Introduction

These Terms and Conditions (“Terms”) govern participation in programs, tours, and training services operated by Peak Season Pty Ltd (“Peak Season”, “we”, “our”, “us”). By booking or participating in any Peak Season program, you (“Participant”, “Client”, “you”) agree to be bound by these Terms.

If you do not agree to these Terms, you must not proceed with your booking or participation.

2. Services Provided

Peak Season delivers international training, lifestyle, and travel experiences combining professional snow-sport instruction, cultural exchange, and adventure tourism.

Depending on the specific program, inclusions may comprise:

• Accommodation
• On-snow training and coaching
• Certification components (including APSI)
• Lift passes
• Ground transfers (e.g. airport–resort or local transfers)
• Selected excursions and cultural activities
• Certain logistics support and program coordination

The exact inclusions for each program will be set out in the relevant itinerary or program overview.

Flights are not included in any Peak Season program unless explicitly stated in writing.

3. Eligibility

To participate in a Peak Season program, you must:

• Be at least 18 years of age at the program start date.
• Hold valid travel documentation (including passport and any required visas).
• Maintain adequate travel and medical insurance for the full duration of the program, including cover for:
  • Snow-sport activities
  • Medical treatment
  • Emergency evacuation
  • Trip cancellation and interruption
• Meet the physical, medical, and skill prerequisites (intermediate skier or snowboarder) specified for the chosen program.

Peak Season reserves the right to refuse a booking or remove a participant from a program if eligibility requirements are not met or if information has been withheld or misrepresented.

4. Booking and Payment

4.1 Deposits

• A non-refundable deposit of AUD $2,000 is required to secure a place in the program, unless otherwise specified in writing.
• Your place is not confirmed until the deposit has been received and acknowledged by Peak Season.

4.2 Balance Payments

• The final balance of all program fees is due no later than 90 days prior to the program start date, unless otherwise stated.
• If full payment is not received by the due date, Peak Season reserves the right to cancel the booking and retain the deposit.

4.3 Payment Methods

• Payment methods will be outlined on the invoice or payment instructions and may include bank transfer, credit card, or other approved methods.
• You are responsible for any bank, transfer, or card fees charged by your financial institution.

5. Cancellation Policy (by the Participant)

All cancellations must be submitted in writing via email to Peak Season. The effective date of cancellation is the date on which Peak Season receives your written notice.

Refunds (where applicable) are based on the total program fee and the number of days prior to program commencement:

5.1 Cancellation Schedule

• 90+ days before program start
  – Full refund of amounts paid minus AUD $2,000 deposit (deposit is non-refundable).
• 60–89 days before program start
  – 50% refund of the total program fee (deposit and 50% of remaining balance forfeited).
• 30–59 days before program start
  – 25% refund of the total program fee (deposit and 75% of remaining balance forfeited).
• Less than 30 days before program start
  – No refund (100% of program fee is forfeited).

5.2 No-Shows and Early Departures

• If you do not arrive for the program (no-show) or if you leave the program after it has commenced, no refund will be provided.
• No refunds will be given for unused services, activities, or components of the program.

6. Cancellation or Changes by Peak Season

6.1 Minimum Numbers and Operational Viability

Peak Season may cancel or modify a program if minimum participant numbers are not met or if operational viability cannot be maintained.

6.2 Force Majeure and External Events

Peak Season may cancel, alter, or delay a program due to circumstances beyond its reasonable control, including but not limited to:

• Severe weather or snow conditions
• Natural disasters
• Epidemics or pandemics
• Government restrictions (e.g. travel bans, border closures)
• Political instability
• Industrial action
• Other events constituting force majeure

6.3 Remedies

In the event that Peak Season cancels a program before commencement:

• You may be offered:
  • A transfer to an alternative date or program; and/or
  • A credit for future use; and, in some cases,
  • A partial or full refund of program fees paid (excluding costs reasonably incurred by Peak Season).

Peak Season is not responsible for incidental or consequential costs incurred by participants, such as flights, visas, insurance premiums, equipment purchases, or other personal expenses.

7. Travel and Insurance

You are responsible for arranging and maintaining comprehensive travel insurance that covers the full duration of travel and your participation in the program, including:

• Medical and hospital expenses
• Emergency evacuation and repatriation
• Trip cancellation and curtailment
• Loss or damage to baggage and personal belongings
• Coverage for snow-sport and adventure activities

Proof of insurance may be requested by Peak Season. Participation may be refused if adequate insurance cannot be demonstrated.

8. Code of Conduct

During the program, you agree to:

• Follow all instructions given by Peak Season staff, contractors, guides, and instructors.
• Follow all policy and procedure at SAS Niseko
• Comply with local laws, customs, and regulations in all destinations.
• Abide by the rules and safety protocols of ski resorts and training venues.
• Refrain from behaviour that is unsafe, abusive, disruptive, discriminatory, or illegal.

Peak Season reserves the right to remove any participant from the program, without refund, if their conduct:

• Endangers themselves or others,
• Seriously disrupts the experience of other participants, or
• Breaches these Terms, local laws, or reasonable instructions from staff.

Any additional costs arising from such removal (e.g. alternative accommodation, early travel changes) will be your responsibility.

9. Liability and Risk Acknowledgement

You acknowledge that:

• Snow-sport and adventure travel activities involve inherent risks, including but not limited to falls, collisions, changing weather, terrain hazards, and other environmental factors that could result in death.
• Travel in foreign countries carries inherent risks related to transport, health services, and cultural/linguistic differences.

By booking and participating, you:

• Accept these risks voluntarily, and
• Acknowledge that you are responsible for your own decisions and conduct, within the boundaries of the program.

To the extent permitted by law, Peak Season, its directors, employees, contractors, and partners are not liable for:

• Personal injury or death,
• Loss, theft, or damage to property,
• Financial loss, or
• Other loss or damage,

except where such loss arises directly from Peak Season’s gross negligence or wilful misconduct.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law that cannot be lawfully excluded.

10. Program Flexibility and Changes

You acknowledge that program details may be subject to change due to local conditions, weather, operational requirements, or safety considerations.

Peak Season may:

• Substitute comparable accommodation or services,
• Adjust schedules or activities (e.g. training days, excursions),
• Modify inclusions where necessary.

We will use reasonable efforts to ensure that any changes maintain the overall nature and value of the program and will communicate significant changes as soon as practical.

11. Privacy and Media Use

11.1 Personal Information

Peak Season collects and stores personal information (such as contact details, health information, and travel arrangements) for the purpose of booking, operating, and improving programs, and for safety and compliance requirements.

Your information is handled in accordance with applicable privacy laws, including the Australian Privacy Principles.

11.2 Photos, Video, and Testimonials

During programs, Peak Season staff, contractors, or other participants may capture photos and video content. By participating, you:

• Consent to Peak Season using images, videos, and testimonials that reasonably feature you, for marketing and promotional purposes across digital and print channels,
  unless you notify us in writing before the program start that you do not consent.

If you opt out, Peak Season will take reasonable steps to avoid using identifiable imagery of you in future marketing.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia.

You and Peak Season agree to:

1. First attempt to resolve any dispute informally and in good faith, and
2. If unresolved, refer the matter to a mutually agreed dispute resolution process (e.g. mediation) before commencing formal legal proceedings, where reasonable.

Any legal proceedings arising out of or in connection with these Terms or the program must be brought in the courts of New South Wales, Australia, unless otherwise required by mandatory law.

Cancellation & Refund Summary (Client-Facing)

You may also include this as a summary box on your website or brochure:

• Deposit: AUD $2,000 (non-refundable).
• 90+ days before start: Full refund of fees paid minus deposit.
• 60–89 days before start: 50% refund of total program fee.
• 30–59 days before start: 25% refund of total program fee.
• Less than 30 days: No refund.
• If Peak Season cancels: credit, transfer, or partial refund offered (flights and incidental costs excluded).