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Despite amusement parks being closed due to the global pandemic, Six Flags is reportedly still charging their season pass holders for membership fees.
Plaintiff Shahriyar Rezai-Hariri argues that, by continuing to charge membership fees each month while the parks are closed, Six Flags Theme Parks Inc. and Magic Mountain LLC breached their contract with season pass holders.
“Defendants have made the baffling decision to keep charging all of its customers monthly membership fees while prohibiting access to Six Flags Magic Mountain as the novel coronavirus, COVID-19, rages throughout the world and the United States economy has gone into a deep recession,” the Six Flags class action lawsuit claims.
Six Flags reportedly made the decision to close their Magic Mountain and Discovery Kingdom locations on March 13, citing the coronavirus outbreak. Although these measures are important and effective in stopping community spread of the virus, Rezai-Hariri claims that the amusement park companies shouldn’t be charging their customers.
Have you been charged for Six Flags or other memberships during the coronavirus closures? Get legal help by clicking here.
According to the Six Flags class action lawsuit, a season pass to the parks retails for $289 a year while a membership retails for between $240 and $505 a year, depending on seasonal promotions. Payments for these memberships are reportedly due each month and are charged automatically to credit or debit cards provided by the customers.
Rezai-Hariri says he had a season pass since 2014 and has paid a monthly fee of $6.95 for his membership. Because the Six Flags locations were closed, the plaintiff reportedly believed that he would no longer be charged for his membership until the parks reopened. However, Rezai-Hariri was allegedly charged his monthly fee of $6.95 on March 25.
According to the plaintiff, this is unacceptable. While the parks are closed, he and other consumers are unable to access the services they were paid for.
“Thus, defendants have made the deliberate decision to bilk its customers out of untold sums per month while its customers do not have access to defendants’ parks,” Rezai-Hariri argues in his Six Flags class action lawsuit.
In addition to claiming that the monthly membership charges are unfair, Rezai-Hariri argues that he and other consumers would not have chosen to get a membership with Six Flags if they knew that they would be charged for services they aren’t able to access.
According to Rezai-Hariri, the “sole reason” that he and other consumers pay the fees is that Six Flags are advertised to be open seven days a week.
“Plaintiff would not have paid for the membership, or would not have paid for it on the same terms, had he known that he would not have access to Six Flags Magic Mountain for a period of months,” the Six Flags class action lawsuit argues.
“Now, Defendants are charging its customers full price while denying its customers all access to all of Defendants’ parks.”
Based on this, the plaintiff argues that membership payments should be suspended until further notice. The Six Flags class action lawsuit also seeks compensatory damages and punitive damages for the plaintiff and other affected consumers.
Rezai-Hariri argues that thousands of season pass holders are affected by this issue. He seeks to represent a Class of consumers who were charged Six Flags membership fees while the amusement parks were closed.
Coronavirus Closures Impact on Consumers
In order to stop the spread of coronavirus, most public gathering places have closed in order to protect people from unknowingly becoming exposed.
Unfortunately, consumers may still be charged fees associated with these locations or services despite not being able to access them.
Members of New York Sports Club are allegedly being charged for their monthly gym memberships despite the locations being closed until further notice.
Events and Adventures, a singles club, also faced a class action lawsuit, alleging that consumers are being charged $170 membership fees despite all of their events being cancelled.
After the Lighting in a Bottle festival was cancelled due to the outbreak, several consumers took action against the festival’s organizer and demanded refunds of their tickets.
Similarly, ticket purchasing website StubHub has come under fire for allegedly refusing to refund ticket purchases if events were cancelled.
Several additional class action lawsuits have argued that travel expenses should be refunded to consumers and any penalties for rescheduling should be dismissed. Volaris, United Airlines and other companies have faced legal action from consumers demanding refunds.
Rezai-Hariri is represented by Daryoosh Khashayar of Khashayar Law Group.
The Six Flags Membership Fees Class Action Lawsuit is Rezai-Hariri v. Magic Mountain LLC, et al., Case No. 8:20-cv-00716, in the U.S. District Court for the Central District of California.
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59 thoughts onSix Flags Class Action Claims Fees Charged During COVID-19 Closure
Please add me. I have purchased 4 season passes but with covid-19 they should be refunded too. I have also purchased 2 dining passes which are not useful if my family can’t visit.
I bought 7 season passes in Dec of 2019 for Christmas gifts for the family and have been unable to use any of them. They said they will not refund and we are not comfortable traveling at this time nor wearing a mask in 100 degree weather. These were not in the contract when we bought our tickets. Looking for refund.
I purchased a Six Flags membership 5/27/19 with an add-on for my family of 6. The agreement is for 12 months and it states that you receive 3 free months after paying for 12 months. I visited the park 3 times from 5/27/19-1/1/2020 using 5 of those memberships. I was charged monthly for 14 months at 93.72 for these memberships. I never received the free months. In addition, the park shut down due to Covid-19 indefinitely this Spring. I was charged monthly throughout the closed period. I received an email stating I would receive an upgrade to my membership upon reopening since I was charged continuously. They also advised customers that if they cancelled the membership, they would be charged a penalty of 3 months for the early cancellation. When customers are forced to make a decision based on being charged for something they don’t have versus receiving a benefit in the end, how many would do so? They reopened June 15 or so and you are now required to make reservations to attend the park, they have a limited number of guests allowed with many restrictions due to Covid-19. This changes the dynamics of a membership or season passes. They held customers to a standard regarding cancellation but made it possible for themselves to offer limited services to customers for the same price. I feel this is unethical and manipulative. I have lost loved ones along with thousands of people due to this pandemic, my company was shut down I definitely without any relief and I am now afraid to attend amusement parks, gatherings, etc., due to Covid-19. They have even updated their website to say they aren’t liable if you contract the virus and there’s a risk visiting the park. I have paid a total of $1312.08 over 14 months. No free 3 months as originally promised and no free months for the months paid while the park was not open. Yet, they continue to pull funds from my account for a membership that I have been unable to use.
I would like to be added to this. I’ve been paying for 2 Platinum memberships through this whole Covid ordeal. My 12 month membership wasn’t up until May so I was forced to continue to pay. I just canceled my membership today and they still want to charge me for an additional 2 months. I don’t see myself or my family visiting a theme park anytime in the near future.
They took $808 out my account way more than 5 season passes are worth and have the nerve to dispute my bank refund. Add me 405-314-3591 Texas Six Flags
I want a refund for the 5 season passes that I bought for 2020. Please add me.
I was appalled to find out 6 flags was still charging!! I was in the hospital and just found out I’ve still been charged $17.90 per month every (or around the 22nd)!? How can they do this when the world is under stay at home orders!?
Sign me up! I would like my money back.
Add me. 2 diamond elite with parking and food at fiesta texas San Antonio Texas. Had mine for over a year and this is crazy. My planet fitness did not charge me while they were closed why is six flags
You can add me as well. Over here in California at Six Flags, Magic Mountain has been charging me since March. For MONTHS, I have called, emailed, and chatted with online reps who said they will still keep charging. Apparently, they “informed” people they could pause their account (lies) but I cannot cancel or pause my account because of their charges. I’ve been a member since 2018, and I will not be supporting Six Flags with this horrid behavior of theirs. Like everyone else, I am angry about this.
You know you can pause your subscription! I found that out too late!!!
I have 7 seasons passes, with 2 meals plans. I don’t know about anyone else but I’m not comfortable wearing a mask all day at the water park which is our main reason for going and what happened to unlimited visits. If we’re not sure to go until mid morning, which is my life I may not be able to go, Because it’s imited.what happened to unlimited visits? Have been a seasonal pass holder for 10 years, don’t refund my money I’ll never again be one again.