Terms and Conditions of Sale and Deposit and Cancellation Policies

Terms & Conditions of Sale

Please read these terms and conditions (“Terms”) carefully.  These Terms (in their entirety), together with any terms and conditions presented with your purchase, printed on your lift tickets or pass media, or presented to you for signature at our resorts, form a binding agreement between you and the Vail Corporation d/b/a Vail Resorts Management Company, including its subsidiaries and affiliates (“Vail Resorts”, “we” or “us”) regarding your purchase of passes, lift tickets, ski and ride school lessons, lodging, or any other products (“Products”) on this site.

SEASON PASS DEPOSIT & CANCELLATION POLICY

BY PUTTING $49 DOWN I UNDERSTAND THAT I AM COMMITTING TO BUY THE PASS(ES) FOR THE 2020/2021 SEASON. I UNDERSTAND THIS $49 PAYMENT IS NON-REFUNDABLE. I agree the credit card provided will be authorized for the remaining amount of the Season Pass product purchased. The remaining balance will be automatically charged to my credit card on or around September 15, 2020. Once the $49 initial payment has been made, the $49 initial payment cannot be cancelled or refunded, nor can the pass purchase be cancelled or refunded. In the event the total price of the Season Pass product is lowered prior to the start of the 2020/2021 ski season, the remaining amount due will be reduced by the amount of the total price lowered. I agree to provide a valid email address for the express purpose of receiving communications regarding this transaction. I understand this is the only manner by which I will receive such communications.

THIS PASS IS NON-TRANSFERABLE AND MAY NOT BE RESOLD. The pass may be confiscated and not re-issued if, in the sole judgment of the ski area operator, the pass holder: 1) acts in a manner that could endanger the safety of any person; 2) violates the law; 3) provides ski lessons or related services for compensation; or 4) engages in fraud or misconduct or creates a nuisance. Re-issued passes may be subject to a replacement fee. The pass holder acknowledges his or her affirmative duty to immediately notify the ski area operator and authorities if the pass is lost or stolen and that failure to do so may result in loss of skiing privileges. The pass holder also acknowledges that this pass is non-refundable unless covered by the terms and conditions of Epic Coverage. Visit Epic Coverage to learn more.

Restrictions may apply. For complete details on restrictions and blackout dates please visit epicpass.com or ask a sales representative. Child is defined as 5-12. Teen is defined as 13-18. Adult is defined as 13+ (if no teen product) or 19+. For questions, call 970.754.0008. 


EPIC COVERAGE TERMS AND CONDITIONS

Section A: Overview

1.     Overview

We understand that as a result of the disruption caused by the COVID-19 pandemic, many of you may be feeling uncertain about your future plans.  We also recognize that our passes, and Pass Insurance, historically have not provided refunds in situations like the COVID-19 pandemic.  That is why we are launching this EPIC Coverage Refund Policy (“EPIC Coverage”) to address some concerns you may have about purchasing a pass for the 2020/2021 season and give you peace of mind to move forward, together. 

EPIC Coverage is our new refund policy.  The EPIC Coverage Refund Policy will apply to all of our pass products for the 2020/2021 season as described in these Terms.  You can find a full list of our pass products to which the EPIC Coverage Refund Policy applies here.  The EPIC Coverage Refund Policy will provide you with a partial or full refund for passes purchased for the 2020/2021 season in certain circumstances, including in the event of certain resort closures caused by the ongoing COVID-19 pandemic.  It also may provide you with a partial or full refund in certain circumstances specific to you, like if you are subject to a mandatory stay-at-home order or suffer a qualifying injury that prevents you from skiing.  Your eligibility for a refund, and the amount of any refund you may receive, is subject to the terms and conditions described below.  

We designed EPIC Coverage with you in mind.  Our 2020/2021 passes fall into two categories:  General Season Passes and Fixed Season Passes.  A “General Season Pass” is a pass that is not limited to a fixed number of days during the season, such as an EPIC Pass or EPIC Local Pass.  The full list of General Season Passes can be found here.  A “Fixed Season Pass” is a pass that gives the holder a fixed number of days to use the pass throughout season, usually ranging from 1 to 10 days.  The full list of Fixed Season Passes can be found here.  You will be required to provide EPIC Coverage elections. These elections are strictly used to determine your eligibility for a refund and how we calculate the amount of your refund, but do not change the access to any ski resorts that is granted to you by your pass.

2.     Elections.  You will be required to make two elections that will impact your eligibility for a refund and the amount of any refund you may receive. Please refer to Section A.3 below for instructions on how to make your elections.  

a. Primary Resort vs. All Resorts.  You must elect either a “Primary Resort” or “All Resorts” when you purchase your pass.  When selecting a Primary Resort, you may only select a Vail Resorts owned and operated resort, not a Partner Resort. “Partner Resorts” are the resorts listed at www.epicpass.com/region/partners under the heading “Epic Pass Partners”.   If you elect to specify a Primary Resort, you may be eligible for a refund if we close the Primary Resort you selected during the 2020/2021 season.  If you elect All Resorts, you may be eligible for a refund if multiple resorts available on your pass are closed, as set forth in greater detail below. 

b. Specific Week vs. Core Season.  You must elect either a “Specific Week” or “Core Season” when you purchase your pass.  A “Specific Week” is a seven-day consecutive period during the 2020/2021 season. The “Core Season” refers to November 26, 2020 through April 4, 2021.  Electing Core Season does not affect the days on which you may use your pass; some resorts may open earlier and some may close later.  If you elect to specify a Specific Week, you may be eligible for a refund in certain circumstances in which you are unable to use your pass during the Specific Week you selected.  If you elect Core Season, you may be eligible for a refund in certain circumstances in which you are unable to use your pass during the Core Season.

Here are some points you may want to consider when you make your elections: 

• If you plan to use your pass primarily during a specific one-week period in the Core Season, you may want to select that as your Specific Week, so that you may receive a refund (as determined per the eligibility requirements below) based on the portion of your chosen Specific Week for which you are unable to use your pass. If you choose a Specific Week, that information is used only for the purposes of calculating your EPIC Coverage, it does not change the access to any resorts that is granted to you by your pass.
• If you plan to use your pass regularly throughout the Core Season, you may want to select Core Season so that you receive a refund (as determined per the eligibility requirements below) based on the total portion of the Core Season during which you are unable to use your pass.

These elections only impact your eligibility for a refund and the amount of any refund you may receive and do not affect the access granted by your pass. If your pass allows you to ski and ride throughout the Core Season, you can elect a “Specific Week” and still use your pass on days outside of that Specific Week.  Similarly, if your pass allows you to ski and ride at multiple resorts, you can elect a “Primary Resort” and still use the pass at all other resorts to which your pass gives you access.

3.     Making and Changing Your Elections. You may make the elections described in Section A.2 beginning on or around June 30, 2020 through the “My Account” section online at epicpass.com.  If you do not make an election, your default elections will automatically be “All Resorts” and “Core Season”. You may update or change your election as follows: 

a. If you buy your pass on or before November 21, 2020, you may change your election at any time before the earlier of: (i) the first time you use your pass, and (ii) November 21, 2020.

b. If you buy your pass after November 21, 2020, you may change your election at any time before the earlier of: (i) the first time you use your pass, and (ii) when pass sales end on epicpass.com.

4.     Partner Resorts.  The use of your pass at a Partner Resort will count towards the number of days you have used your pass for purposes of determining the amount of any refund to which you may be eligible.  Only closures of resorts owned and operated by Vail Resorts are covered by EPIC Coverage.  EPIC Coverage does not provide refunds for any Partner Resort closures.  Please visit https://www.epicpass.com/region/partners.aspx for a full list of Partner Resorts.

5.      Refund Eligibility.  Your eligibility for a refund will vary based on whether you are seeking a refund because of an event personal to you (e.g., a qualifying injury) or an event that has resulted in the closure of our resorts.  The sections below are split accordingly:  Section B addresses refund requests based on Personal Refund Events and Section C addresses refund requests based on Resort Closure Events.  Section D sets forth the process for requesting your refund.  Section E sets forth additional terms.

6.      General Limitations on Eligibility.  You will not be eligible for any refund under the following circumstances:

a. You have used all available days on your Fixed Season Pass.

b. You purchase 2020/2021 Pass Insurance and receive a payout under the policy.

c. You are unable to use your pass for any reason other than a Personal Refund Event (as defined below) or a Resort Closure Event (as defined below).  For clarity, here are a few common examples of reasons that you may be unable to use your pass, but that will not qualify you for a refund:

i. You will not be eligible for a refund based on weather-related resort closures that prevent you from using your pass unless such event is a Natural Disaster that results in a Personal Refund Event (as defined in Section B.1) or a Resort Closure Event (as defined in in Section C.1).  

ii. You will not be eligible for a refund because of any road closures, traffic issues, parking constraints or flight cancellations that prevent you from using your pass. 

iii. You will not be eligible for a refund because of any mental, nervous or psychological conditions that prevent you from using your pass. 

iv. You will not be eligible for a refund because of any criminal acts you commit that prevent you from using your pass.

v. You will not be eligible for a refund because of any injury, sickness or other medical conditions that existed at the time you purchased your pass.

vi. You will not be eligible for a refund if your pass has been de-activated or revoked due to fraudulent use, violation of resort policies, or nonpayment. 

For clarity, nothing in these Terms is a commitment by Vail Resorts to keep any resort, or any facilities or amenities at any resort, open for any particular period of time, and Vail Resorts reserves the right to close any of its resorts or amenities in its sole and absolute discretion. 

Section B: Personal Refund Events

1. Personal Refund Events.  You may be eligible for a full or partial refund in the event you are unable to use your pass during the Core Season because of a Personal Refund Event.  If you submit a refund request based on a Personal Refund Event and you receive a full or partial refund, your pass will cease to be valid when we process your refund and you will no longer be able to use your pass to access any resorts during the 2020/2021 season.  A “Personal Refund Event” includes the following:

a. Stay-at Home Order.  You are unable to use your pass during the Core Season because the municipality, county, state, province, or country in which your Permanent Residence is located is subject to a “quarantine,” “stay-at-home,” “shelter-in-place” or other comparable mandatory governmental order lasting thirty (30) or more consecutive days.  Your “Permanent Residence” refers to your fixed, permanent and principal home for legal and tax purposes.

b. Tourist Visa Rejection.  You are unable to use your pass during the Core Season because of a tourist visa rejection that prevents your entry into the United States.

c. Travel Restrictions.  You are unable to use your pass during the Core Season because of a government-imposed prohibition on your entry into the United States that affects all similarly situated travelers.

d. Job Loss.  You are unable to use your pass during the Core Season because, after you purchase your pass, you or your spouse or domestic partner who lives in the same Permanent Residence (each a “Domestic Partner”) are involuntarily terminated or laid off from full-time employment after you purchase your pass by an employer for which you or your Domestic Partner had been continuously employed for at least one year immediately preceding the termination or lay off.  This provision is not applicable to part-time employees, temporary employees, independent contractors or self-employed persons.

e. Work Visa Renewals.  You are unable to use your pass during the Core Season because you or your Domestic Partner require a work visa to be employed in the United States and your work visa was not renewed after you purchase your pass. This provision is not applicable to part-time employees, temporary employees, independent contractors or self-employed persons.

f. Employment Transfer.  You are unable to use your pass during the Core Season because you or your Domestic Partner have an involuntary, employer-initiated transfer after you purchase your pass that (i) is within the same organization for which you or your Domestic Partner have been continuously employed for at least one year immediately preceding the transfer; and (ii) involves your or your Domestic Partner’s relocation from your current Permanent Residence to a residence that is 100 or more miles further away from any resort covered by your pass.  This provision only applies if you live within 150 miles of a resort for which your pass provides access.

g. Military Service.  You are unable to use your pass during the Core Season because after you purchase your pass, you or your Domestic Partner are called to military service, your military leave is revoked, you are deployed or you are reassigned to a different duty station that is 100 or more miles further away from any resort covered by your pass than your current assigned duty station.

h. Personal Illness.  You are unable to use your pass during the Core Season because you suffer from an illness or disease diagnosed after you purchase your pass by a Physician that prevents you from using your pass for thirty (30) or more consecutive days.  A “Physician” is a licensed doctor practicing in the fields of medical, surgical or dental services who is acting within the scope of their license and who is not you, a traveling companion, a Family Member, a person related to you or a business partner.  The term “Family Member” means your child, Domestic Partner, brother, sister, mother, father, step-child, step-brother, step-sister, step-parents, legal guardian, foster child, ward or legal ward.  This provision applies only if you provide verification from a Physician.

i. Personal Injury.  You are unable to use your pass during the Core Season because you suffer an accidental bodily injury that occurs after you purchase your pass and that injury prevents you from using your pass for thirty (30) or more consecutive days during the Core Season.  This provision applies only if you provide verification from a Physician.

j. Family Member Illness or Injury.  You are unable to use your pass during the Core Season because a Family Member who lives in the same Permanent Residence as you suffers from an illness or disease diagnosed after you purchase your pass or suffers an accidental bodily injury after you purchase your pass and that injury is either immediately life threatening or requires your continued care for that Family Member for thirty (30) or more consecutive days.  This provision applies only if you provide verification from a Physician.

k. Death.  You are unable to use your pass during the Core Season because of your own death (in which case the refund will be awarded to another Family Member with the same Permanent Residence) or the death of a Family Member who lives in the same Permanent Residence that occurs after you purchase your pass.  

l. Natural Disaster.  You are unable to use your pass for thirty (30) or more consecutive days during the Core Season because your Permanent Residence is made uninhabitable (meaning the building structure is unstable and there is risk of collapse) after you purchase your pass in whole or in part due to a flood, hurricane, tornado, earthquake, fire, or volcanic eruption (each a “Natural Disaster”) after you purchase your pass.

m. Subpoena/Jury Duty.  You are unable to use your pass during the Core Season because you are subpoenaed or required to serve on a jury and that subpoena or jury service prevents you from using your pass for thirty (30) days or more during the Core Season.

n. Personal Medical Quarantine.  You are unable to use your pass during the Core Season because you are quarantined for at least thirty (30) or more consecutive days at the direction of a Physician after you purchase your pass.  This provision applies only if you provide verification from the Physician.

o. Student Transfer.  You are a college student, enrolled in at least twelve (12) credits if you are an undergraduate or six (6) credits if you are a graduate student, and you are unable to use your pass during the Core Season because, after you purchased your pass, you (a) transfer to a school located 100 miles or more further away from any resort covered by your pass than your current school, (b) are accepted into a foreign study program that will cause you to be out of the country for thirty (30) or more consecutive days during the Core Season or (c) graduate and begin work at a job that is 100 or more miles further away from any resort covered by your pass than your current school. This provision only applies if your current school is located within 150 miles of a resort for which your pass provides access.

p. Pregnancy. You are unable to use your pass during the Core Season because you or your Domestic Partner learn you are pregnant after you purchase your pass. 

q. Adoption.  You are unable to use your pass during the Core Season because you adopt a child after you purchase your pass. 

2. Proof Requirements for Personal Refund Events.  We reserve the right to require you to submit documents to verify and establish the Personal Refund Event that is the basis for which you are seeking a refund.  These documents may include Physician verifications, videos, photos, or other material we deem necessary to evaluate your refund request.  You have an obligation to cooperate with us in our efforts to verify your Personal Refund Event, and we reserve the right to deny your request if you fail to do so.  If you are unable to provide acceptable proof of a Personal Refund Request (as determined in our sole discretion) we reserve the right to deny your refund request.  If you commit fraud by intentionally concealing or misrepresenting a material fact concerning your refund request, you may void your EPIC Coverage and your pass.

3. Time Limitations for Refund Request for Personal Refund Events.  To be eligible for a refund based on a Personal Refund Event, you must submit your request for a refund following the process described in Section D below within thirty (30) days of when the Personal Refund Event arises.  Vail Resorts will act reasonably to respond to your request in a timely manner.

4. Refund Amounts for Personal Refund Events.  If you are eligible for a refund because of a Personal Refund Event, the amount of your refund will vary based on how many days you have used your pass and whether you have a General Season Pass or a Fixed Season Pass.

a. General Season Pass.  If you purchased a General Season Pass, your refund will be a percentage of your Purchase Price. The “Purchase Price” is the amount you paid for your 2020/2021 pass, net of any discounts, promotions, credits (including any credit you received for the 2019/2020 season) and taxes.  The percentage refund you receive will be based on the number of days that you had used your pass as of the date when your refund request is processed, as follows:

b. Fixed Season Pass.  If you purchased a Fixed Season Pass, the amount of your refund will be a percentage of your Purchase Price. In no event will you receive any refund if you have used your pass seven (7) or more days. If your pass provides for seven (7) or fewer days of access, your percentage refund will be determined based on the percentage of unused days remaining on your pass.  If your pass provides for eight (8) or more days of access and you have not used your pass seven (7) or more days, the percentage refund will be based on the number of days that you had used your pass as of the date when your refund request is processed, as follows: 

5. No Access After Refund for Personal Refund Event.  If you receive a full or partial refund based on a Personal Refund Event, your pass for which you received the refund will cease to be valid and you will no longer be able to use your pass to access any resorts for the remainder of the 2020/2021 season.

Section C: Resort Closure Events

1. Resort Closures.  A resort is deemed to be closed if no lifts are operating at the resort because of a Resort Closure Event.  You may be eligible for a full or partial refund in the event one or more of our resorts is closed during the Core Season because of any of the following events (each a “Resort Closure Event”):

a. The occurrence of a disease, epidemic, or pandemic, including the ongoing COVID-19 pandemic;

b. The occurrence of a Natural Disaster;

c. The occurrence of a terrorist attack; or

d. The occurrence of a hostile or war-like action. 

2. Eligibility for a Refund Based on Resort Closure Events.  Your eligibility for a refund because of a Resort Closure Event will depend on your pass product and the EPIC Coverage elections (Primary Resort vs. All Resorts and Specific Week vs. Core Season) you made for your pass. 

a. Primary Resort & Specific Week.  If you elected a Primary Resort and a Specific Week for your pass, you will be eligible for a refund as calculated in Section C.4 below if the Primary Resort you selected is closed for three (3) or more days during your Specific Week because of a Resort Closure Event.  This provision applies to all pass products.   

b. Primary Resort & Core Season.  If you elected a Primary Resort and Core Season for your pass, you will be eligible for a refund if the Primary Resort you selected is closed for seven (7) or more consecutive days during the Core Season because of a Resort Closure Event.  This provision applies to all pass products.

c. All Resorts & Specific Week.  If you elected All Resorts and a Specific Week for your pass, your eligibility for a refund will vary based on the type of pass you purchased.

i. EPIC Pass.  If you purchased an EPIC Pass, EPIC Local Pass, EPIC Military or EPIC Day Pass, you will be eligible for a refund if all of the following resorts are simultaneously closed for three (3) or more days during your Specific Week because of a Resort Closure Event: Vail, Whistler Blackcomb, Breckenridge, Beaver Creek, Crested Butte, Keystone, Park City, Heavenly, Northstar and Kirkwood.

ii. Northeast Value Pass. If you purchased a Northeast Value Pass, you will be eligible for a refund if all of the following resorts are simultaneously closed for three (3) or more days during your Specific Week because of a Resort Closure Event: Stowe, Mount Snow, Hunter, Okemo and Mount Sunapee.

iii. All Other Passes.  If you purchase any eligible pass other than an EPIC Pass or a Northeast Value Pass, you will be eligible for a refund if all of the resorts to which your pass provides access are simultaneously closed for three (3) or more days during your Specific Week because of a Resort Closure Event.

d. All Resorts & Core Season. If you elected All Resorts and Core Season for your pass, your eligibility for a refund will vary based on the type of pass you purchased.

i. EPIC Pass.  If you purchased an EPIC Pass, EPIC Local Pass, EPIC Military Pass or EPIC Day Pass, you will be eligible for a refund if all of the following resorts are simultaneously closed for seven (7) or more consecutive days during the Core Season because of a Resort Closure Event: Vail, Whistler Blackcomb, Breckenridge, Beaver Creek, Crested Butte, Keystone, Park City, Heavenly, Northstar and Kirkwood.

ii. Northeast Value Pass. If you purchased a Northeast Value Pass, you will be eligible for a refund if all of the following resorts are simultaneously closed for seven (7) or more consecutive days during the Core Season because of a Resort Closure Event: Stowe, Mount Snow, Hunter, Okemo and Mount Sunapee.

iii. All Other Passes.  If you purchase any eligible pass other than an EPIC Pass or a Northeast Value Pass, you will be eligible for a refund if all of the resorts to which your pass provides access are simultaneously closed for seven (7) or more consecutive days during the Core Season because of a Resort Closure Event.

3. Time Limitations on Refund Requests for Resort Closure Events.  When a resort closure occurs that may trigger your eligibility for a refund, Vail Resorts will post a notice of the qualifying resort closures at epicpass.com.  

If you selected “Specific Week” you must follow the directions on the epicpass.com website and make a refund request within thirty (30) days of the end of the Specific Week during which you were unable to use your pass.  If you do not submit a refund request during that 30-day period, your selection of “Specific Week” will be automatically changed to “Core Season”.  If you receive a full or partial refund based on a Resort Closure Event, your pass will cease to be valid and you will no longer be able to use your pass to access any resorts.

If you end the Core Season with “Core Season” selected as your ski and ride schedule preference, you must make your refund request between May 1, 2021 and May 31, 2021.

4. Amount of Refund Based on Resort Closure Events.  If you are eligible for a refund because of a Resort Closure Event, the amount of your refund will vary based on the EPIC Coverage elections you made for your pass and whether you have a General Season Pass or a Fixed Season Pass.  

a. General Season Pass & Specific Week.  If you purchased a General Season Pass and elected a Specific Week, your refund will be a percentage of your Purchase Price.  The percentage refund you receive will be based on the number of days that you had used as of the date when your refund request is processed, as follows:

Example: You purchase an EPIC Local Pass and select March 8 - 14, 2021 as your Specific Week. A Resort Closure Event lasts for 4 days during that week, and you had used 2 days of your pass before the Resort Closure Event.  Assuming you meet all of the eligibility requirements, you would receive a 71% refund of your Purchase Price. 

b. General Season Pass & Core Season.  If you purchased a General Season Pass and elected Core Season, your refund will be a percentage of your Purchase Price.  The percentage refund you receive will be determined by dividing the number of days that any Resort Closure Event(s) transpired by 130 (i.e., the number of days in the Core Season).

Example:  You purchase an EPIC Local Pass and a Resort Closure Event lasts for 10 days during the Core Season.  Assuming you meet all of the eligibility requirements, you would receive a refund of 7.7% (i.e., 10 days lost divided by 130 available days in the Core Season).

c. Fixed Season Pass & Specific Week.  If you purchased a Fixed Season Pass and elected a Specific Week, the amount of your refund will be a percentage of your Purchase Price. In no event will you receive any refund if you have used your pass seven (7) or more days. If your pass provides for seven (7) or fewer days of access, your percentage refund will be determined based on the percentage of unused days remaining on your pass.  If your pass provides for eight (8) or more days of access and you have not used your pass seven (7) or more days, the percentage refund will be based on the number of days that you had used your pass as of the date when your refund request is processed, as follows: 

Example: You purchased a 5-day EPIC Day Pass and only used your pass 2 days before the Resort Closure Event.  Assuming you meet all of the eligibility requirements, you would receive a 60% refund of your Purchase Price (i.e., 3 unused days divided by 5 available days = 60%).

d. Fixed Season Pass & Core Season.  If you purchased a Fixed Season Pass and elected Core Season, the amount of your refund will be a percentage of your Purchase Price.  In no event will you receive any refund if you have used your pass seven (7) or more days. If you are eligible for a refund under this Section C.4.d, the percentage refund you receive will be the lesser of (i) the percentage of days in the Core Season that were lost because of the Resort Closure Event, and (ii) (a) if your pass provides for seven (7) or fewer days of access, the percentage of unused days remaining on your pass, or (b) if your pass provides for eight (8) or more days of access, the percentage refund based on the number of days that you had used your pass as of the date when your refund request is processed, as follows: 

Example: You purchased a 5-day EPIC Day Pass.  A Resort Closure Event lasts for 10 days during the Core Season and you have only used your pass 2 days before the Resort Closure Event.  You would receive the lesser of (i) 7.7% (i.e., 10 days lost divided by 130 available days in the Core Season) = 7.7%), and (ii) 60% (i.e. 3 unused days divided by 5 available days = 60%). Your refund would be 7.7% of your Purchase Price. 

5. No Access After Refund for Resort Closure Event.  If you receive a full or partial refund based on a Resort Closure Event, your pass for which you received the refund will cease to be valid and you will no longer be able to use your pass to access any resorts for the remainder of the 2020/2021 season.

Section D:  How to Make a Refund Request

1. Submitting a Refund Request.  You can submit a refund request by calling 1-877-895-1297, or by emailing a representative at NewLosses@ACMClaims.com.

2. Information to Include in Your Refund Request.  Your refund request should include your name, the type of pass you purchased for the 2020/2021 season, and your pass ID.  In the event you are requesting a refund based on a Personal Refund Event, you must also provide a description of the Personal Event and reasonable documentation to verify the occurrence of the Personal Refund Event, including any verification by a Physician required for the Personal Refund Event that is the basis for your request (e.g., an injury).  

Section E:  Additional Terms

1. Release; Sole Remedy. You are hereby voluntarily and knowingly agreeing, to the maximum extent permitted by applicable law, to waive, release, and forfeit any and all claims and actions you have or may have against Vail Resorts, or any of its resorts, subsidiaries, affiliates, or partner resort operators, subsidiaries, or affiliates and any of our or their respective officers, directors, employees, contractors, representatives or agents (collectively, the “Vail Resorts Parties”) and any associated losses, damages and expenses (including attorneys’ fees), that relate to, arise out of, or may arise out of the operation of our resorts or partner resorts, your inability to use your 2020/2021 pass, or a violation of these Terms.  Refunds under the EPIC Coverage are your sole remedy against any of the Vail Resorts Parties in connection with the operation of our resorts or partner resorts or your inability to use your pass during the 2020/2021 season.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.  

2. LIMITATION OF LIABILITY.  YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE VAIL RESORTS PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE YOUR PASS OR  (B) THE EPIC COVERAGE.  NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT IN THE AGGREGATE EXCEED THE AMOUNT YOU PAID FOR YOUR PASS.

3. Liability Exclusions and Limitations.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent that we may not, as a matter of applicable law, limit our liabilities, the extent of liability of the Vail Resorts Parties will be the minimum permitted under such applicable law.  We disclaim any warranties to the maximum extent permitted under applicable law.

4. Disputes. These Terms and the relationship between us will be governed by the laws of the State of Colorado in the same manner as such laws are applied to agreements made, entered into, and performed entirely in Colorado.   All lawsuits arising out of or relating to these Terms or the EPIC Coverage will be brought in the Federal or State courts located in Colorado.  We and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and waive any objection to such courts on any basis, including without limitation improper venue or inconvenience of the forum.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the EPIC Coverage must be filed within one (1) year after such claim or cause of action arose or be forever barred.  

5. Severability.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

6. Non-Transferrable.  Unless otherwise noted, the EPIC Coverage is personal to you and cannot be transferred. 

7. Electronic Communications Notice.  When you use our website or send emails to us, you are communicating with us electronically.  You consent to receiving communications from us electronically.  We may communicate with you by email or posting notices on the applicable website.  You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  In order to access any such communications, you must have a computer or other Internet-enabled device.  In order to retain copies of any such communications, you must have a printer or data storage device.  If you have a printer, you may print paper copies of any such communications for your own use.  If you wish to withdraw your consent for us to communicate with you electronically, you may not use our website.

8. Modifications.  We may periodically update or change any of the terms and conditions contained in these Terms at any time and in our sole discretion, by posting an updated version on this website.  However, the Terms in effect on the date of your pass purchase constitute the agreement between us regarding EPIC Coverage for the applicable ski and ride season. 

9. Acceptance.

a. By purchasing a 2020/2021 pass after the launch of EPIC Coverage, you agree to these Terms.

b. If you purchased your pass before the launch of EPIC Coverage or are enrolled in the Auto-Renew Program:

i. these Terms supersede all previous terms, agreements, representations, warranties, or commitments, whether in writing or oral, between you and Vail Resorts with respect to the subject matter hereof; and 

ii. if you do not agree to these Terms, you must email us at comments@vailresorts.com within forty-five (45) days of the date we send you a notification of the availability of these Terms.  We will send such notification using the contact information we have on file for you.

10. Questions.  If you have any questions regarding the EPIC Coverage or other inquiries, please contact us at comments@vailresorts.com.

EPIC MOUNTAIN REWARDS

https://www.epicpass.com/-/media/epic-pass/documents/final-emr-tcs-final-tcs.ashx?la=en&hash=3748F300B62A7071246BF0A94270BDE2

AUTO-RENEW PROGRAM

If you enroll in our annual automatic pass renewal program, the following additional terms apply to your pass renewal:

1.  If you/your child moved into a new age bracket on or before 4/6/20, you/your child's pass will be moved into the next appropriate age bracket. Age categories will be verified each year against the birth date on file, in order to confirm the specified pass is appropriate for the actual age of the pass holder. Customers will automatically get moved into the correct product age category while enrolled in the Auto Renew Program.

2. The resorts included on our passes and ancillary pass benefits are subject to change without notice. If your pass product should change, you agree that your pass will be automatically renewed with the closest comparable season pass product from your initial purchase.

3. Your release of liability form covers up to three years of season pass participation within the Auto Renew Program. After three years of enrollment in the Auto Renew Program, you will need to re-sign the liability form.

4. Beginning with the 2020/21 season, Pass Insurance is not available. Instead, your auto renewed pass will include Epic Coverage. Epic Coverage is free for all pass holders and provides protection across a range of personal events and certain resort closures. Your election to Auto Renew constitutes acceptance of the Epic Coverage Terms and Conditions, above.

5. You may also enroll in the Auto Renew Program at any time after your initial purchase by calling the Season Pass Call Center at 970-754-0005 or e-mailing seasonpass@vailresorts.com.