DENVER — Three years after the COVID-19 pandemic forced Vail Resorts to halt operations for the 2019-2020 season, the federal appeals court based in Denver has ruled passholders cannot sue the ski conglomerate for refunds.
Vail customers from Colorado and other states pursued a class action lawsuit against the company on the theory that the Epic Passes they bought for themselves and their families entitled them to unlimited access to the slopes during the ski season. The passholders argued the length of the "ski season" is traditionally determined by snow conditions, and Vail breached its contract by prematurely terminating the season without providing partial refunds.
A three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded that even if the passholders were correct about the ski season, Vail clearly advertised its Epic Passes were not subject to a refund "of any kind."
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