Alterra Mountain Company finally agreed this week to reimburse 2019/20 Ikon Pass holders, well kind of. If you think a $10 credit towards a 23/24 Ikon Pass is good enough restitution, then you can feel like a winner. According to Alterra/ Ikon Pass class action lawsuit settlement offer, if you used your pass more than seven days, that’s what you’ve “won.”

Under the terms of the settlement, class members can choose a pass credit or a discount lift ticket voucher where the values depend on the number of days you used your 2019/2020 pass. The Pass credits can be used towards the purchase of a 2023/2024 or 2024/2025 Ikon Pass season pass. Lift product vouchers can be used towards the purchase of a single-day lift ticket at any Alterra resort on or before July 31, 2025.

The settlement announcement has to be finalized by the District Court of Colorado but, if it is, it will resolve all claims that Alterra unjustly kept customers’ money after ski resorts closed due to Covid-19 in 2020.

The Ikon Pass Class Action Argument

According to the class action lawsuit against Ikon Pass, the plaintiffs in the case paid hundreds of dollars for unlimited access that promised “no blackout dates.” Although no one could predict the COVID-19 outbreak, the class action lawsuit argued that Ikon Pass still had a responsibility to refund customers who did not get the full benefit of their season pass purchases. Among other points, Robert Kramer et al argued that because Alterra laid off most of their resort employees, they could easily afford to refund customers due to decreased operating costs.

The expensive season ski pass included a pitch for “unlimited” ski days but the Covid-19 caused a spring lockdown that shuttered every ski area on the planet. However, while theme parks, hotels and airlines refunded consumers for tickets cancellations, Alterra with their Ikon pass product did not.

Alterra tried to assuage the angry mob back in the spring of 2020 by offering to double its “renewal discount” for 2020-21 passes which was laughable since the company had raised their prices nearly as much as the “discount”. Consumers would basically save $50 on an Ikon Base Pass or $100 for the Ikon Pass if they purchased it by May of that year.

The current settlement offer would provide a refund of up to $150 to American skiers who bought or received as a gift an Ikon Pass resort pass for the 2019/2020 season and who used their pass on one or more days before March 15, 2020. (See the details at the end of the post.) FYI- This is not for those who never used their pass.

The settlement offer keeps Ikon and Alterra from admitting any wrongdoing and anyone who doesn’t opt out of the class is bound to the terms of the settlement. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Alterra for the same complaints. There is one option though, that seems buried in the Settlement language…

You can OBJECT

Instead of excluding yourself from the Settlement, you may object to it; give reasons why you think the Court should not approve the Settlement. The Court will consider all objections before ruling and they could conceivably throw it back to Alterra and tell them to “do better.” You have until Nov. 18, 2022, to object and it has to be done by snailmail. Your objection must contain: (1) the name of the Lawsuit (Kramer v. Alterra Mountain Co. and Ikon Pass Inc., Case No. 1:20-cv-01057-RM-SKC (D. Colo.)); (2) your full name and current address and telephone number; (3) the specific reasons for your objection; (4) any evidence and supporting papers (including, but not limited to, all briefs, written evidence, and declarations) that you want the Court to consider in support of your objection; and (5) your signature.

You must mail your written objection to the Settlement Administrator at:

Goodrich v. Alterra Mountain Company Settlement Administrator
Attn: Objection
P.O. Box 58220
Philadelphia, PA 19102

More Deadlines

The final approval hearing for the Ikon Pass refunds settlement is scheduled for Jan. 19, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 2, 2023.

——————————————————————————-

The Settlement Offer

Pass Credits

1. Pass Credit Amounts. For any Settlement Class Member who used their 2019/20 Ikon Pass to access an Ikon Resort a total of one or more days on or before March 15, 2020, the following Pass Credits are available:
   1. A single $150 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 1 day; 
   2. A single $125 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 2 days;
   3. A single $100 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 3 days; 
   4. A single $50 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 4 days; 
   5. A single $20 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 5 or 6 days; and
   6. A single $10 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort 7 or more days. 
2. Pass Credit Delivery. Unless a Settlement Class Member submits a Valid Election for a Lift Product Voucher in lieu of a Pass Credit, the appropriate Pass Credit amount will automatically be applied to each Settlement Class Member’s Ikon pass holder profile without any requirement to fill out a claim form or take any other affirmative action. The appropriate Pass Credit amount will be loaded into the online Ikon pass holder account of the primary pass holder associated with the Settlement Class Member’s profile as of the date of disbursement of the Pass Credit. 
3. Pass Credit Scope of Use. Each Pass Credit must be used in full in a single transaction, and may be used at any time during the standard applicable sales period toward the purchase of any Ikon pass product available for use during the 2023/24 or 2024/25 Ski Seasons that the Pass Credit recipient is eligible for. A Pass Credit may be applied toward the purchase of an Ikon pass product at an already discounted price or be applied with other available discounts (e.g., renewal credit, nurses discount, college discount, and so on).
4. Pass Credit Transferability. The Pass Credit amount is not transferrable except to another Ikon pass holder associated with the same primary pass holder account (an “Affiliate Ikon Pass Holder”). To request a qualifying transfer to an Affiliate Ikon Pass Holder (that is, someone within the same primary pass holder account), the primary pass holder must contact Alterra’s standard call center. 
5. Stack-ability. Upon transfer, Affiliate Ikon Pass Holder Pass Credits may be used in combination, to purchase one or more Ikon pass product(s) as described above for anyone who is an Affiliate Ikon Pass Holder. Each Pass Credit, however, may only be used toward the purchase of a single qualifying Ikon pass product, and any unused remaining portion of said Credit will be forfeited.  

Lift Product Voucher 

1. Lift Product Voucher Amounts. For any Settlement Class Member who used their 2019/20 Ikon Pass to access an Ikon Resort a total of one or more days prior to March 15, 2020, the following Lift Product Vouchers are available to elect instead of a Pass Credit:
   1. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 1 day, may elect to receive one 50% Lift Product Voucher;
   2. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 2 days, may elect to receive one 40% Lift Product Voucher;
   3. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 3 days, may elect to receive one 30% Lift Product Voucher:
   4. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 4 days, may elect to receive one 25% Lift Product Voucher; and 
   5. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 5 or more days, may elect to receive one 20% Lift Product Voucher.    
2. Lift Product Voucher Election and Delivery. If a Settlement Class Member submits a Claim Form and makes a Valid Election (in lieu of a Pass Credit), the Lift Product Voucher will be applied to the individual Ikon pass holder profile and placed in the account of the primary pass holder associated with the Settlement Class Member’s profile as of the date of disbursement of the Lift Product Voucher. To make a Valid Election, a Settlement Class Member must submit a properly completed claim form by the Court-approved deadline that includes, among other information, the name, address, email address, and unique Customer ID or Pass ID associated with their Ikon pass holder account.
3. Lift Product Voucher Scope of Use. The Lift Product Voucher may be applied toward the purchase and use on or before July 31, 2025 of one single-day lift ticket at any single Alterra Mountain Company-owned or operated resort. The Lift Product Voucher may be redeemed and applied toward the purchase of a single day lift ticket online through the applicable Alterra Mountain Company-owned or operated resort’s website or at the walk-up window. A Lift Product Voucher may be applied toward the purchase of a single day lift ticket at the posted full or Advance Purchase rate, but may not be applied to an already discounted rate or combined with other available discounts.
4. Lift Product Voucher Transferability. The Lift Product Voucher is fully transferrable and may be resold once by each Settlement Class Member recipient. To complete a transfer, a Settlement Class Member will, using their online Ikon pass holder account, enter the email address of the transferee. The transferee will then receive an email prompting them to accept or decline the transfer. To accept the transfer, the transferee must have or create an online Ikon account, though they need not make any purchase. A Lift Product Voucher may not be transferred or resold a second time.