Effective October 29, 2020
This Resort Charge Agreement (“Agreement”) is between you and Mountain Capital Partners, Inc. (“we” or “us”) and describes the terms and conditions that apply to your account. By buying, loading, or using Resort Charge, you agree to these terms.
- The dollar value that you load onto your account (season pass or lift ticket) is a prepayment for tickets, rentals, lessons, food, beverages, clothing, gear, and other goods and is only for use at the Resort your tickets or passes were purchased for.
- The value you load on your account will not expire.
- The dollar value on your account is nonrefundable.
- Resort Charges are not gift cards and are not transferrable.
- We do not charge any activation, service, dormancy or inactivity fees in connection with your Resort Charge.
- You must report all transaction errors to us within 60 days of the transaction.
Inquiries or Questions
If you have any questions regarding this Agreement or Resort Charge, please visit our website at www.pajarito.ski or call us at (505) 662-5725,
Arbitration Provision, Class Action and Jury Trial Waiver
This Agreement includes an Arbitration Provision and a Class Action Waiver and Jury Waiver that govern any disputes between you and us. Unless you opt out, as described below, these provisions will:
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to Resort Charge by electronic means, including posting such materials online at www.pajarito.ski.
You should treat your account like cash and not disclose your Resort Charge information to anyone. The value on your account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. If your account information is lost or stolen, anyone who obtains possession of either may use your account. You are responsible for all Resort Charge transactions, including unauthorized transactions.
Most Power Pass resort stores accept Resort Charge, although Resort Charge is available only at the resort where it was purchased. These include locations at Arizona Snowbowl, Brian Head Resort, Hesperus Ski Area, Nordic Valley Ski Resort, Pajarito Mountain Ski Area, Purgatory Resort, Purgatory Snowcat Adventures, Sipapu Ski and Summer Resort and Spider Mountain. Certain resort locations may not permit you to use Resort Charge for payment or may have temporary unavailability. To find out if a store will accept Resort Charge as a payment method, please inquire at that store or visit www.pajarito.ski.
Loading and Tracking Value on Your Card
Billing Errors, Corrections
If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your account, please contact Customer Service at the resort in which you purchased credit. We will correct the balance of your account if we believe that a clerical, billing, or accounting error occurred. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your Account or Resort Charge Balance
We will not accept any Resort Charge, or will limit use of any Resort Charge balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Resort Charge prepaid dollars are non-transferable. We do not service, refund, or transfer account access or ownership for Resort Charges if you received or purchased a product with a Resort Charge balance from someone outside your immediate household.
DO NOT PURCHASE PRODUCTS WITH ADVERTISED RESORT CHARGE BALANCES FROM THIRD PARTIES.
Resort Charge has no liability to you for any third-party fraud or unlawful activity associated with any Resort Charge balance. If the resort discovers any Resort Charge or Resort Charge balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted accounts and retain all related Resort Charge balances without notice to you. We may use retained Resort Charge balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load products.
Resort Charges are not targeted towards, nor intended for use by, anyone under the age of 13. If you are below age 18, you may only use Resort Charge under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
From time to time, we may in our sole discretion, run promotional programs associated with the Resort Charge program. These promotions are subject to these terms, as well as additional terms as indicated in connection with the promotions. We reserve the right to modify the terms and conditions of any promotion at any time, including and up to terminating the promotion.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at You can manage your account at the resort website that you purchased from. Registering your card at www.pajarito.ski may help us replace the balance on your account if your card is lost, stolen or destroyed and the issue is timely reported., and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Resort Charge account. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Resort Charges after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Resort Charge and refund any remaining balance to you.
Cancelling This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of theResort Charge including your failure to provide valid information. If we terminate this Agreement without cause, we will refund you or issue store credits equal to the balance on your cancelled Resort Charge(s), less any amounts that you may owe us.
Governing Law – Arizona
Your Resort Charge is issued from the State of Arizona and transactions are processed within the State of Arizona. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Mountain Capital Partners and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Resort Charge, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Mountain Capital Partners does not represent or warrant that your Resort Charge will always be accessible or accepted.
In the event that Mountain Capital Partners or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your account. Mountain Capital Partners and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Mountain Capital Partners or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Resort Charge through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our permission in writing.
Entire Agreement, Construction
Arbitration Provision. Please read this section carefully. It affects rights that you may otherwise have.
This Arbitration Provision provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Resort Charge Agreement, your Resort Charge and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Resort Charge and your relationship with Mountain Capital Partners or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used any of your Resort Charge (the “Opt Out Deadline”) after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Resort Charge Team, Mountain Capital Partners, Pajarito Mountain Ski Area 397 Camp May Road, Los Alamos, NM 87544
Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department by emailing [email protected] to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. Any statutes of limitations will be tolled during this 60 days.
Arbitration Rules and Remedies. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Mountain Capital Partners will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver.
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.