In March 2020, Alek* and Linda* had only been skiing a handful of times when they received an email from their local mountain saying it was closing due to COVID-19. Like many others that year, the BC couple was encountering new consumer issues as businesses made changes in response to the pandemic.
Alek and Linda had used only five of the 10 days of their prepaid ski passes and were originally told they would receive a refund for the unused portion.
“We were waiting and waiting,” says Alek, “but then [the business] told us that instead of refunds, we would have our passes transferred to the next season.” Alek and Linda continued to work with the local mountain to try and get their money back, but the business would not budge. That’s when they decided to contact Consumer Protection BC.
Consumer Protection BC investigators contacted the business and informed them of their obligations under the law. When businesses offer contracts for services that are ongoing and physical in nature (like ski passes), consumers have specific cancellation rights. Because the ski mountain had closed and changed the services they were offering, Alek and Linda were within their rights to cancel their contract and receive a refund for the unused passes.
The business agreed to refund Alek and Linda along with six others who had contacted Consumer Protection BC about the issue, for a total of $4,500. The business also agreed to change its cancellation policy to comply with BC law.
Alek was happy to hear the outcome of the investigation and hopes the business learned from the situation. “It’s not just about the money,” says Alek, “I want to live in a fair society. I immigrated to Canada for this reason.”
*Names changed to protect the privacy of the individuals involved.
Curious about your rights when it comes to things like ski passes?
Have you purchased ski passes or signed up for dance lessons, personal training or self-defense classes? Do you have a membership to a gym or yoga studio? These types of contracts are ongoing and physical in nature and they’re known as continuing services contracts. By law, you have certain cancellation rights, including if the business has changed the services they offer. Find out more.
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About Consumer Protection BC
We are not-for-profit regulator responsible for overseeing certain industries and specific consumer transactions in British Columbia. If your concern is captured under the laws we enforce, we will use the tools at our disposal to assist you. If we can’t help you directly, we will try to offer a referral to a relevant organization, if one exists. Other times, court or legal assistance may be the best option. Explore our website at www.consumerprotectionbc.ca.
Good day,
My sister forwarded your article to me regarding the couple seeking a refund for the unused portion of their passes. I went through a similar situation with Vail (owners of Whistler Blackcomb) last spring when I was not able to use any of my 5 day Edge Card. I was not seeking a refund, but rather the ability to “carry-over” my unused pass to next season (2021/22).
Long story short, Dr. Henry was advising against travel outside of the lower mainland, plus Whistler Blackcomb closed earlier than normal date.
Has your organization any knowledge or information on other people in similar situations? I kind of gave up after not getting anywhere with their claims department.
Thank you for any information you may provide.
Hi John, thank you for contacting us. Can you please submit a formal complaint to us using our online form? You can find the form on our website here. Once submitted, someone from our team will contact you. Thank you!
At mammoth mountains like Whistler Blackcomb, downhilling might extend into June on the summits. (Die-hard, experienced skiers and riders can even have the unique pleasure of hitting the slopes mid-summer on Whistler’s extraordinary Horstman Glacier in June and July.) As the crowds thin out towards the end of the season, hotel prices drop and spring ski package deals start popping up. Lineups are shorter. Ski villages become quieter, with a more chilled-out atmosphere.