Vail Resorts No Refunds for Epic Passes After Closures Class Action

This class action brings suit against the Vail Corporation, which does business as Vail Resorts Management Company. The complaint alleges that Vail will not make refunds on season passes or Epic Passes for the 2019-2020 ski season, even though those passes have been rendered unusable by the Covid-19 pandemic.

The class for this action is all persons in the US who bought a 2019-2020 Season Epic Pass or Epic Daily Pass that had unused days after March 15, 2020.

Vail Resorts has thirty-seven mountain or urban ski resorts or areas. Most of them are located in the US, but it also has resorts in Canada, Australia, Japan Switzerland, Italy, and France.

Vail sells different types of passes. Its Epic Pass provides unlimited access to some of Vail’s best resorts and limited access to others. It also sells a more limited and holiday-restricted Local Epic Pass. Finally, it sells passes to specific ski areas, including “value” and midweek passes, and passes for specific groups of people, such as active military members, retired persons, and college students. While some of the passes may be limited to specific days of the week or ski areas, they are all sold on a seasonal basis.

Vail also sells pass insurance, which provides refunds only in specific circumstances: injury or sickness of a passholder, injury, sickness, or death of a passholder’s family member, and so on. The Epic pass website warns that if passholders who do not have pass insurance “will not be eligible for a refund of any kind” for a season pass or Epic Pass.

During March of 2020, however, Covid-19 was declared to be a global pandemic. The US declared a national emergency two days later.

The complaint says, “As Covid-19 began to spread across the United States, reports linked the spread of the disease to ski resorts around the country, especially the resorts in Colorado.”

On March 14, 2020, the governor of Colorado issued an executive order that required all downhill ski resorts to suspend operations, from March 23 to April 6. That date has now been extended through the end of April.

On March 15, 2020, Vail suspended operations at its resorts in North America; within the next five days, it closed all of its resorts.

On March 25, the governor issued another executive order telling Colorado residents to stay home.

Plaintiff Michael McAuliffe had bought an Epic Pass in September 2019. It cost $969 and gave him unlimited access to Vail’s ski areas for the 2019-2020 season. Now that the resorts have closed and the governor has ordered residents to stay home, McAuliffe can no longer use the pass. His pass insurance claim has been denied and he has not received a refund.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Vail Resorts No Refunds for Epic Passes After Closures Complaint

May 27, 2020

This class action brings suit against the Vail Corporation, which does business as Vail Resorts Management Company. The complaint alleges that Vail will not make refunds on season passes or Epic Passes for the 2019-2020 ski season, even though those passes have been rendered unusable by the Covid-19 pandemic.

Vail Resorts No Refunds for Epic Passes After Closures Complaint

Case Event History

Vail Resorts No Refunds for Epic Passes After Closures Complaint

May 27, 2020

This class action brings suit against the Vail Corporation, which does business as Vail Resorts Management Company. The complaint alleges that Vail will not make refunds on season passes or Epic Passes for the 2019-2020 ski season, even though those passes have been rendered unusable by the Covid-19 pandemic.

Vail Resorts No Refunds for Epic Passes After Closures Complaint
Tags: Failure To Pay For Refund, Ski Resort Pass