Vail Resorts Class Action Says Skiers Owed Refund After COVID-19 Shutdown

A skier says Vail Resorts charged him and others “unconscionable” fees, even after closing all of its resorts in the midst of the COVID-19 pandemic.

Lead plaintiff Brian Hunt claims in his class action lawsuit that Vail Resorts Management Co. charges between $67 to $979 for a variety of passes to its 34 high end resorts.

On March 25, 2020, Vail announced that it would close all of its resorts. However, Hunt says the company has yet to offer refunds to any of its customers.

Hunt, a California resident, says he purchased an annual pass for all Vail Resorts for $499. The pass the plaintiff bought featured access to all resorts from October 2019 through June 2020, or as long as the snow lasted.

However, Hunt says that he has had no access to Vail resorts since the closure in March, effectively cutting off the use of his annual pass, nor has hereceived a refund. Instead, Vail has allegedly retained Hunt’s season pass fee, as well as fees from all other pass holders.

“Defendant has not refunded any consumers for their lost mountain resort access,” states the Vail class action lawsuit. “Rather, for annual pass-holders, Defendant has simply deferred all auto-renewal charges and spring deadlines (for those people that did not pre-pay for the entire season).

“Further, for Epic Day Pass customers, Defendant has explicitly stated that, despite Defendant’s closures, the passes are ‘non-refundable and non-transferable to another season.’”

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According to the Vail Resorts class action lawsuit, Vail’s failure to refund pass holders after the coronavirus closure violates California consumer protection laws, is a breach of contract, constitutes fraud and negligent misrepresentation.

Hunt accuses Vail of unjustly enriching itself at the cost of consumers now facing not only the fear and unknown of the coronavirus pandemic sweeping the word, but also resulting in economic uncertainty.

The Vail Resorts class action lawsuit seeks to represent a nationwide Class of consumers who purchased passes from the ski resort for the 2019-2020 season. In addition, the plaintiff wants to represent a California subclass. The plaintiff seeks damages, as well as attorneys’ fees and costs.

Vail’s closure on March 25, 2020 was indefinite, according to the Vail Resorts class action lawsuit. Indeed, on April 1, the CEO of the company announced that virtually all of Vail’s hourly employees would be furloughed for at least two months.

Representatives for the resort chain have not publicly commented on the Vail class action lawsuit, however, the company reportedly sent an email from its Chief Marketing Officer to pass holders stating the following:

“I have read your emails and comments on social media. I completely understand your frustrations and your concerns about this past season.” The email also reportedly stated that Vail is “committed to identifying an approach that acknowledges this past season and retains your loyalty for the future.” Despite this, no details regarding the reopening of Vail resorts were provided.

Coronavirus Shutters Ski Resorts in Colorado and Worldwide

In March 2020 the Governor of Colorado reportedly studied coronavirus infection rates in towns where ski resorts bring the majority of business.

According to a report in the Colorado Sun, Governor Jared Polis was alarmed to find that infection rates were as much as 30 times higher in ski towns than in other communities in the area.

As a result, beginning with Vail, ski resorts across the state closed during peak ski season, according to the Sun.

“There were many, many mountain communities that said, ‘This is our livelihood. This is our business. We need the tourists.’ But I’m making the decisions based on the science and the data,” noted Gov. Polis in a recent interview.

“If we had not acted early … not only would those numbers in those mountain communities be higher, but more people would have brought the virus back to the Denver metro area.”

Vail reportedly not only closed its resorts based in Colorado, but across North America and in Canada as well. In return, Gov. Polis praised the company.

Ski resorts are just one of the industries decimated by coronavirus closures. From restaurants and bars, to movie theaters and shopping malls, those who enjoy and are employed in these industries face an uncertain future based on coronavirus closures.

Consumers report that a number of businesses shuttered by coronavirus have failed to offer refunds or have continued to charge fees for the services they can no longer provide.

Top Class Actions has developed a legal guide to coronavirus-related issues for individuals, employees and business owners affected by this pandemic.

Hunt and the proposed Class Members are represented by Yeremey Krivoshey, Brittany S. Scott and Scott A. Bursor of Bursor & Fisher PA.

The Vail Resorts Closure Class Action Lawsuit is Brian Hunt v. Vail Corp., Case No. 3:20-cv-02463, in the U.S. District Court for the Northern District of California.

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