Goodrich v Alterra Mountain Company Settlement

[Brian Finch]

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

You may be eligible for a benefit as part of a class action settlement about 2019-2020 Ikon Passes and Ikon Base Passes


A proposed settlement has been reached in a class action against Alterra seeking money back for 2019-2020 Ikon Passes and Ikon Base Passes (“2019/20 Ikon Passes”) because of ski resort closures in March 2020 due to COVID-19. This notice summarizes your legal rights. You should visit www.SkiPassSettlement.com to obtain more complete information about which passes are covered, the proposed settlement, and your rights. You also can write to the Settlement Administrator at the address on the reverse side, or call 1-855-484-8285, to have a Claim Form mailed to you.

What is the class action about? Plaintiffs allege the 2019/20 ski season was ended prematurely by Alterra due to COVID-19 and that 2019/20 Ikon Pass holders are entitled to damages stemming from their pass purchases.

What are my rights? The settlement class includes all persons in the United States and its territories who (a) purchased any form of Ikon Pass for the 2019-2020 season, or (b) received as a gift, from a donor meeting those requirements, any form of Ikon Pass not used by the donor or by anyone else after the donor purchased the Ikon Pass and before the donor gave the Ikon Pass to the settlement class member, who used their Ikon Pass for mountain access to any Ikon resort on one or more days on or before March 15, 2020. Alterra’s records show that you may be a member of the settlement class and, subject to additional terms, eligible for (i) a Pass Credit toward the purchase of a 2023-24 or 2024-25 Ikon Pass or Ikon Base Pass; or (ii) a Lift Product Voucher to be used toward the purchase of one single day lift ticket at any single Alterra Mountain Company-owned or operated resort to be used on or before July 31, 2025. If you qualify for a Pass Credit, that Credit will automatically be added to the account of the primary pass holder associated with your Ikon Pass profile. If, however, you are eligible and wish to receive the Lift Product Voucher instead of the Pass Credit, you must submit a Claim Form to the Settlement Administrator online at www.SkiPassSettlement.com or by mail to: Goodrich v. Alterra Mountain Company Settlement, Class Action Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 by January 2, 2023 and make that election.

How to request exclusion from the class. If you do not wish to participate in this class action, visit www.SkiPassSettlement.com to submit a Request for Exclusion. You also can write to the Settlement Administrator at Goodrich v Alterra Mountain Company Settlement Administrator, Attn: Exclusion, P.O. Box 58220, Philadelphia, PA 19102, or call 1-855-484-8285 to have a Request for Exclusion mailed to you. All requests for exclusion shall be individually submitted or postmarked by November 18, 2022, and must include all required information to be valid. If you do not exclude yourself, you will lose your right to sue Alterra and obtain any compensation from them other than through this settlement.

How to make objections. If you remain in the class, you can comment on or object to the proposed settlement, Class Counsel’s fees, or Plaintiffs’ service awards by mailing a written objection to the Settlement Administrator at Goodrich v Alterra Mountain Company Settlement Administrator, Attn: Objection, P.O. Box 58220, Philadelphia, PA 19102. The fairness hearing will be held at the Court on January 19, 2023, at 10:00 a.m., in Courtroom A601 of the Alfred A. Arraj United States Courthouse for the United States District Court, District of Colorado, 901 19th Street, Denver, Colorado 80294. You or your attorney (if you choose to hire one) may appear at the hearing by notifying the Settlement Administrator by mail by November 18, 2022.

Class Counsel’s attorney fees. If the settlement is approved, the lawyers for Plaintiffs and the class (Class Counsel) will request an award of attorney fees, reimbursement of litigation expenses not to exceed the total amount of $2,872,000, to be paid by Alterra separately from and in addition to the benefits to the Class. In addition, the named Plaintiffs may seek service or incentive awards up to $3,500.

For more information on the proposed settlement, to file a claim or objection, or to exclude yourself, visit www.SkiPassSettlement.com or contact the Settlement Administrator or Class Counsel.

 

[Tricia]

Didn't IKON already compensate people for the portion of the season they didn't get to use it?

I know I got plenty of use out of mine before the world shut down and never intended to seek any compensation.

 

[Pequenita]

I can't remember. I think there was a relatively good discount for the following year's passes, but I can't remember if there was some sort of refund for not being able to ski spring 2020. Legal complaints are written so obnoxiously. This one is full of "He was supposed to received unlimited access, and he didn't get what he paid for. If he knew that he wouldn't be able to ski spring 2020, he wouldn't have purchased the pass."

Here's the complaint that Alterra settled.

 

[jmeb]

Didn't IKON already compensate people for the portion of the season they didn't get to use it?

I know I got plenty of use out of mine before the world shut down and never intended to seek any compensation.

You only got compensated if you bought a following years pass. That's goodwill but not compensation for the thing you bought.

As for "plenty of use". A large portion of IKON passholders justify it thanks to a 1 or 2 times a year trip. Many, many, many spring break trips could not occur that year. A locals version of value and a travlers are very different.

My inlaws bought there very first ski passes hoping to visit and ski with us. They had planned to put a total of 10 days on their passes but only got 3 early season days because of the shutdown. They didn't buy the following year due to the continued uncertainty.

 

[SKI-3PO]

My inlaws bought there very first ski passes hoping to visit and ski with us. They had planned to put a total of 10 days on their passes but only got 3 early season days because of the shutdown. They didn't buy the following year due to the continued uncertainty.

I was in the same exact situation with my son’s pass that year.

 

[Pequenita]

On the bright side for those folks, the settlement is structured to favor people who used their passes once or twice before the season shut down. The amount of credit towards a pass or voucher gets silly if the pass was used 5 or more times.

 

[Brian Finch]

As I have yet to be compensated for Alterra using my pics ( & the distress of hundreds of ppl texting / emailing me grief over my outfit selection ), I am proposing everyone skiing on Ikon owes me a beer for helping keep operating costs down.

 

[ilovepugs]

View attachment 179735
As I have yet to be compensated for Alterra using my pics ( & the distress of hundreds of ppl texting / emailing me grief over my outfit selection ), I am proposing everyone skiing on Ikon owes me a beer for helping keep operating costs down.

I’ll buy you a beer if you show me your backcountry powder stash!

 

[graham418]

Can someone translate this for me? What does this mean for me? Am I getting money? I know I screwed up previously when we had to pick option A or B for resort closures because I couldnt figure out what they were saying

 

[Philpug]

View attachment 179735
As I have yet to be compensated for Alterra using my pics ( & the distress of hundreds of ppl texting / emailing me grief over my outfit selection ), I am proposing everyone skiing on Ikon owes me a beer for helping keep operating costs down.

So, if you were seen wearing this outfit, you might be entitled to compensation?

 

[HardDaysNight]

Am I getting money?

No, of course you are not getting money. This is America; the only people who get money here are lawyers!

 

[Pequenita]

Can someone translate this for me? What does this mean for me? Am I getting money? I know I screwed up previously when we had to pick option A or B for resort closures because I couldnt figure out what they were saying

This is the last pass sold pre-pandemic, when everything closed in March 2020. If you had a 2019-2020 pass and used it, then you can get either credit towards a future pass (do nothing and it'll show up in your ikon account at some point) or a lift voucher (file a claim by the deadline). The amount of credit or discount on the pass or voucher depends on how many days you used your pass before March 15, 2020. No one is getting money, so if you never ski again, you won't see any cash. In some cases, you can transfer the credit/voucher to someone else. This is from the FAQ page:

9. Tell me more about the Pass Credits and Lift Vouchers provided by the Settlement.​

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.

 

[Mike Thomas]

I really hate these- if you didn't use your pass before March, that is 100% on you. Every single person with a season's pass lost the exact same amount of skiing. Whether you skied zero days or 100 days, you lost about a month of skiing.
Also, by this logic- loss of value- didn't the resorts lose income from no skier visits? If we can sue them, why can't they sue us for loss of revenue? They expected to sell another months worth of over priced hamburgers. These resorts didn't just choose to close a month early for the heck of it, the fricken' whole world (except Fla and Tx) stopped to try to get a handle on a virus. It was what it was, everyone lost out. Suck it up buttercup.

(This might be the only time I defend corporate America over consumers).

 

[Tricia]

I know @AKMINK didn't get her money's worth on her IKON that year, but she was more concerned with the pandemic than she was getting another couple days.

Meanwhile, I received this in an email today.

 

[Philpug]

I really hate these- if you didn't use your pass before March, that is 100% on you. Every single person with a season's pass lost the exact same amount of skiing. Whether you skied zero days or 100 days, you lost about a month of skiing.
Also, by this logic- loss of value- didn't the resorts lose income from no skier visits? If we can sue them, why can't they sue us for loss of revenue? They expected to sell another months worth of over priced hamburgers. These resorts didn't just choose to close a month early for the heck of it, the fricken' whole world (except Fla and Tx) stopped to try to get a handle on a virus. It was what it was, everyone lost out. Suck it up buttercup.

(This might be the only time I defend corporate America over consumers).

Redefining "Mike Drop".

 

[Brian Finch]

I really hate these- if you didn't use your pass before March, that is 100% on you. Every single person with a season's pass lost the exact same amount of skiing. Whether you skied zero days or 100 days, you lost about a month of skiing.
Also, by this logic- loss of value- didn't the resorts lose income from no skier visits? If we can sue them, why can't they sue us for loss of revenue? They expected to sell another months worth of over priced hamburgers. These resorts didn't just choose to close a month early for the heck of it, the fricken' whole world (except Fla and Tx) stopped to try to get a handle on a virus. It was what it was, everyone lost out. Suck it up buttercup.

(This might be the only time I defend corporate America over consumers).

Slow your roll……

I spent 8k on passes that season. Half went to Ikon, half to Killington. Typically we ski until June. We lost more than a month & were told to “suck it up”…… already.

Folks who closed accessed PPP loans & unemployment beni’s, while my wife & I were expected to provide Healthcare to everyone who sought refuge in their ski house or thought mtn towns were free from ‘Rona.

So have some consideration for those who got hammered on their passes that season.

 

[graham418]

So it looks like I'm eligible to get a $10 credit (is that US or CAD?) Woo Hoo!!! I can afford to split a hamburger with someone!!

 

[Tricia]

Slow your roll……

I spent 8k on passes that season. Half went to Ikon, half to Killington. Typically we ski until June. We lost more than a month & were told to “suck it up”…… already.

Folks who closed accessed PPP loans & unemployment beni’s, while my wife & I were expected to provide Healthcare to everyone who sought refuge in their ski house or thought mtn towns were free from ‘Rona.

So have some consideration for those who got hammered on their passes that season.

The point is, everyone was in the same boat. Even the resorts lost money. I agree that it sucked but it wasn't like the resorts wanted to shut down, especially the resorts out west where we are. We had a somewhat lean snow year and they all shut down on a powder weekend with a few more storms lining up. Imagine the losses they experienced.

I'm kinda sick of the blame game.

 

[KingGrump]

We skied 55 days that season when the world shut down. We had another 60 days planned. We had no issues what so ever with Altera shutting down early considering the world was going to hell in s hand basket.
There are more important things to agonize over in life.

The big money for us was in pre-paid lodging. We got credit for all of it.
We are still alive and well. All things considered, things worked out OK.

 

[Jilly]

Can someone translate this for me? What does this mean for me? Am I getting money? I know I screwed up previously when we had to pick option A or B for resort closures because I couldnt figure out what they were saying

So it looks like I'm eligible to get a $10 credit (is that US or CAD?) Woo Hoo!!! I can afford to split a hamburger with someone!!

@graham418 - read the fine print....US and it's territory's. WE GET NOTHING!! Canada not included in this suit.