Officials say on January 3, 2020, Truckee resident Robert Grossman took Northstar (Trimont Land Company) to Placer County small claims court in Tahoe City, seeking a refund of the cost of his 2019-2020 season ski pass.
They say Grossman claimed he was unable to use his ski pass as intended because of Northstar’s new paid parking policy.
Officials say Commissioner Ross heard the case and ultimately decided in Grossman’s favor, ordering Northstar to repay Grossman the entire cost of his ski pass and pay for court costs.
They say that Northstar, through its attorneys at Reno/Tahoe/Truckee law firm MOBO Law, appealed the case to Placer County Superior Court in Roseville.
Officials say the case (case # T-SC0001870) was heard on August 11, 2020.
They say Grossman, who is not an attorney and has no legal experience, represented himself in the case.
Grossman argued the following points:
- Northstar planned the paid parking change well in advance of offering season passes for sale.
- Northstar concealed from season ski pass buyers their intentions of charging for parking.
- Northstar knew that paid parking would not be popular with customers.
- Paid parking significantly and materially reduces the value of its season passes.
- Parking has always been free at Northstar, and consumers purchasing season passes had a reasonable expectation that parking would be free for this season.
- Using the remote newly-designated free parking lot results in a very time-consuming trip to the chairlifts.
- Many local skiers purchase ski passes because of the convenience of being able to ski several days per week, and for only an hour or two at a time. Paid parking in a faroff lot means Grossman could not use his ski pass as intended.
- Northstar mailed to Grossman Terms and Conditions. Among these are, in bold all caps: “NO REFUNDS IF USED”.
- Grossman did not use his ski pass this season. When Grossman asked for a refund as per the language on the ski pass, Northstar refused to honor their own Terms and Conditions.
- Northstar concealed language (“Non Refundable”) at the end of a long fine-print document entitled “Release of Liability”. Navigating to that language on their website was problematic.
- The two conflicting Terms, “NO REFUNDS IF USED” and “NON REFUNDABLE”, make Northstar’s Terms and Conditions ambiguous. The Supreme Court has ruled that ambiguous and conflicting terms and conditions are held in favor of the consumer, and against the maker (Northstar).
- Northstar claims that ski passes with the language “NO REFUNDS IF USED” were meant for day passes only, and was a simple oversight to print those terms on season
pass cards. Northstar sent that language to hundreds of season pass holders. Grossman should not be held financially responsible for incompetence and dereliction of duty on the part of Northstar.
Officials say consumer protection laws demand that sellers conspicuously post NO REFUND policies. Northstar concealed its refund policies.
They say consumer protection laws prohibit a seller from not disclosing when the purchase of a separate product is necessary in order to use another certain product. Grossman would be required to separately purchase another product (parking passes) each time he wanted to use his ski pass as intended.
Officials say Northstar does not describe or list the privileges derived from the purchase of a season ski pass, including use of common areas, restaurants, rental shops, retail shops, ski schools, locker rentals, restrooms, parking, or even use of its ski slopes.
They say the consumer must assume which privileges go with the pass. Free parking is a reasonable assumption.
Officials say on August 12, 2020, Judge Steven Howell issued his decision: judgement for the Plaintiff, Robert Grossman. Northstar is ordered to refund the cost of Grossman’s season ski pass, plus court expenses.
They say this decision reaffirms the earlier small claims court decision. According to information appearing on Placer County’s court website, Northstar will not be able to appeal again. The court decision may have far-reaching effects, potentially reaching hundreds of other Northstar pass-holders who chose not to ski because of Northstar’s new paid parking policy.
The court ruling can be found below:
