Alterra Mountain Company Hit With Class Action Lawsuit Over Ski Pass Refunds

By Anne Bucher | June 16, 2020

Category: Coronavirus News: Consumers, Businesses & Civil Rights

Alterra Mountain Company and Station Mont Tremblant Société en Commandite (SMT) failed to issue refunds to ski pass purchasers who were unable to use all of the promised ski days after the Mont-Tremblant ski area closed due to the COVID-19 pandemic, a class action lawsuit alleges.

An application for the Alterra Mont-Tremblant ski pass class action lawsuit was filed June 8 in Montreal before the Superior Court of Québec.

SMT owns, operates and manages the Mont-Tremblant ski resort in Terrebonne. Alterra purchased the Mont-Tremblant ski resort in 2017.

Plaintiff Barry Nashen says he paid $567.25 including taxes for a 2019-2020 Tonik ski pass on April 16, 2019. The defendants reportedly advertised this Tonik ski pass as providing 113 “fixed days” on the snow. He was provided with a calendar that showed the Tonik Pass actually offered 119 “fixed days.”

Barry says he specifically chose the Tonik ski pass because of the “fixed days” of skiing it offered and because some of the best skiing often takes place in March and April. He says he has been skiing at Mont-Tremblant for the last 20 years so he is familiar with typical ski conditions.

On December 22, 2019, Barry says he paid the defendants an additional $93.55 to purchase the Privilege Bundle/Tonik Forfait de privilèges as an add-on to the Tonik pass. This bundle includes various pre-paid items added to his Tonik pass, such as 20 hot chocolates or coffees valid at certain cafeterias.

On March 14, 2020, Alterra posted a statement on its website indicating it would suspend operations at its North American ski resorts, including Mont Tremblant, due to the COVID-19 pandemic. In this statement, Alterra indicated that each resort would work directly with guests to cancel their visits and issue refunds or credits to consumers with hotel and other bookings during the closure period.

Despite this promise, Barry says that Alterra and SMT have failed to refund him for the unused ski days he paid for. The COVID-19 closure has reportedly resulted in the loss of 27 days or 22.69 per cent of the 119 “fixed days” that were listed on the Tonik Pass calendar.

“Due to the current health situation, which is a force majeure event, the Defendants could not offer 27 of the ‘fixed days’ they promised to Class members who purchased the Tonik Pass,” the Alterra ski pass class action lawsuit alleges. “However, the Defendants have refused to refund Class members for the portion of the specific days that they purchased the Tonik Pass for and for which the Defendants could not perform their obligations.”

Additionally, Barry says he had only used 7 out of the 20 hot chocolates or coffees that he paid for with his purchase of the Privilege Bundle by the time Mont-Tremblant closed due to COVID-19.

Barry says he has sought a refund of $128.71 to account for the ski days he could not use due to the closure and a refund of $21.23 for the remaining beverages he did not purchase . However, the Mont-Tremblant ski pass class action lawsuit says that the defendants have only offered a $50 discount to be used toward the purchase of a 2020-2021 Tonik Pass, which Barry claims is “wholly inadequate and not what is provided for by law in a situation of superior force.”

Barry filed the Alterra ski pass class action lawsuit on behalf of himself and a proposed Class of others who purchased a 2019-2020 “Tonik” ski pass for Mont-Tremblant for any of the following price categories:

Adult (18-69)
Senior (70+)
Master (80+)
Student (18-25)
Youth (13-17)
Child (5-12)
Peewee (0-4)

The proposed Class includes those who purchased the Privilege Bundle/Tonik Forfait de priviléges add-on.

According to the Mont-Tremblant ski pass class action lawsuit, the defendants possess the names and addresses of all qualified Class Members.

By filing the Alterra ski pass class action lawsuit, Barry is seeking a refund representing 22.69 per cent of the purchase price of the Tonik Pass and add-ons on behalf of himself and the other eligible Class Members.

Do you think Alterra Mountain Company and SMT should issue refunds to Tonik ski pass holders? Have you requested a refund from a company due to COVID-19 closures? Tell us your story in the comment section below!

Barry is represented by Joey Zukran of LPC Avocat Inc.

The Alterra Mont-Tremblant Tonik Ski Pass Class Action Lawsuit is Barry Nashen v. Station Mont Tremblant Société en Commandite, et al., Case No. 500-06-001075-205, in the Superior Court of Québec, Canada.