Colorado Vail Resorts false advertising

[RobSN]

for all the internet lawyers i think there is overfocus on the chapter of the basis of what forms a contract.

Please read ahead to the next chapters on how breaches get resolved, that's where the true meat happens. Specifically focus on areas of good faith, material/non material breaches, and unjust enrichment (from either party, not just from defendant).

In the area of travel related case law and commonlaw , the material part of a lodging contract is the room. the addons and promotions would be considered ammenities, just like if the pool was unavailable or the resort was shutdown.

In the area of flights which is even more regulated than hotels with flyer "bill of rights" even, there is a specific law addressing this under "pricing mistakes" when the flight is far out. The general resolution is to return the parties to their original state, it is not to fulfill the contract (rescission)

The Comprehensive Guide to Canceled Mistake Fares - The Points Guy

Airlines can cancel a fare if they can prove that the fare was a mistake. However, they must refund the fare and reimburse any nonrefundable expenses.

thepointsguy.com

Good analysis of what seems to me to be the wrong issue by Ray. The issue to my mind is not a pricing mistake, it is a possible decision after the contract to endeavor to rewrite it and thereby renege on a material part of it. That isn't a pricing mistake. It's not good faith. It may well be material for the plaintiff a/k/a the OP. Clearly Ray's and my mileage are varying on this one.

 

[Wendy]

So, the OP booked lodging at Keystone because of the “Kids Ski Free” program, because then he didn’t have to buy passes for the kids.

Vail Resorts says “Well, we may not honor that, so you should buy your kids Epic passes.”

But the OP specifically booked at Keystone lodging so he wouldn’t have to buy passes. Nor does he want to buy passes for the kids.

Meanwhile, the Kids Ski Free advert can still be found via link, even if it’s not linked to Keystone’s main page. So even though Vail Resorts has a big staff, they can’t put up a notice or get rid of the page altogether, nor can they give a definitive answer weeks after the initial communication.

Legal or not, to me, it’s shady as hell given that Vail isn’t a mom and pop operation and should have their professional sh*t together. It leaves a bad taste in my mouth.

I also learned today from someone who works at Jack Frost, which is owned by Vail, that Vail Resorts has fired its marketing team and is contracting that out. This is secondhand knowledge so not sure it’s entirely accurate, but *may* explain some of the lousy communication.

 

[raytseng]

Noting that the layoffs are accurate. There are articles about latest round of vail layoffs and there have been press releases explaining the restructuring. Been showing up on my feed from various news sources.
But yea, attention to this 1 issue when whole depts are getting the axe and 5000 passholder exceptions need processing, may adjust your perspective and expectations of how well and smooth things are going over at Vail Corp.

 

[Wendy]

Noting that the layoffs are accurate. There are articles about latest round of vail layoffs and there have been press releases explaining the restructuring. Been showing up on my feed from various news sources.
But yea, attention to this 1 issue when whole depts are getting the axe and 5000 passholder exceptions need processing, may adjust your perspective and expectations of how well and smooth things are going over at Vail Corp.

Yes, but there’s been several communications with a Vail rep about the issue being discussed here, and there’s been no result. Has Vail now axed their customer service department? It sure seems that way.

 

[dovski]

Yes, but there’s been several communications with a Vail rep about the issue being discussed here, and there’s been no result. Has Vail now axed their customer service department? It sure seems that way.

To be clear it would not take a big swing of that ax as customer service has been a challenge with Vail for quite some time.

 

[Wilhelmson]

I might have suggested upstream that vail might have a better response for op in a few months. Hopefully this wishful thinking is true and its so odd that the ad in question is still up - parsing words.

We can make our own decisions of how to spend our money or otherwise based on corporate or self governance. A bit of a logical conundrum when we desire or need a product and wish to pay a fair or good price.

 

[Ken_R]

Well lookie what I just saw on FB... coincidence? I think not.

 

[raytseng]

false advertising. Those models are skiing free...as in mask free!. If i show up and am required to ski masked this is not "free" skiing and I demand satisfaction! Also, if I don't get to meet my mirror twin from the mirror universe as shown, I will also demand refunds.

 

[jo3st3]

Like every epic pass comes with insurance that includes COVID situations. Then when you talk to the person that refunds you, they said they don't have that coverage at all. I show them the link to the website page and advertising that clearly states it's covered... they just don't email you back and you have to start over with customer service that won't answer.

It should be simple this year. Cancel, and we will apply the money toward future tickets and passes, no questions asked. You shouldn't need a lawyer to read the fine print with every pass sold.

 

[noncrazycanuck]

I suppose I could sue someone for something but reality is I just paid for my season pass at Whistler and plan to ski this year if that option remains available.
If it isn't, next year will be the next option.

 

[dovski]

Did this ever get resolved? Did Vail make good on their promo or give the OP an easy way out?

 

[raytseng]

Did this ever get resolved? Did Vail make good on their promo or give the OP an easy way out?

What I'm seeing is the Kids ski free is now back on the public navigable Deals site (and not just the orphaned, hidden link).
BUT with a slight insertion of "starts Dec 8th ".
Although this makes the wording awkward, how can it be available all season long, when you just said made it conditional by saying after Dec8th.

If the OP bought passes "just in case" based on that interim info; he's now in a situation where he's bought something he probably doesn't need..

Vacation Deals | Keystone Ski Resort

Get more out of your Ultimate Adventure at Keystone with our money-saving Vacation Deals. Enjoy all the Resort has to offer with our best available rates.

www.keystoneresort.com

KIDS SKI FREE
You get the little ones out the door, we’ll get them on the slopes.

The mountains mean quality time with your family and we want to make it easier on you – and your wallet! That’s why when you stay and play for two or more nights, kids 12 and younger ski FREE. Book two or more nights and you'll receive one day of free skiing for kids 12 & under, plus an additional day of free skiing for each additional room night booked. There are no blackout dates and no hoops to jump through - this offer starts December 8, 2020 and is available every day, all season long.