Bristol Mountain

Revdex.com spoke to Deb at business and the following was relayed: We did reimburse him for the lift ticket purchase and for any other charges for the dayWe are unable to reimburse any of his medical expensesIt states on back of lift tickets that there are certain inherent risks with skiing and we are not responsible as the conditions can change at any time as this is not a man made creation, but one determined by natureThis has also been determined by NYS under article

I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear belowIn Deb's reply, he says that "there are certain inherent risks with skiing and we are not responsible as the conditions can change at any time as this is not a man made creation, but one determined by nature"I am sorry to tell Deb: it was exactly a man made creation(a tube dug too deep) that caused the accidentWhat's more, Deb mentioned NYS Article in his reply, as he emphasized before in our emailsHowever, the NYS article is not in favor of the Bristol Mt Resort, at allOn the contrary, the business should take responsibilities when a skier obeyed all the codes in the ArticleBelow I will explain in details about how the NYS Article should be applied to this case: on the website of Bristol Mountain Resort you can easily find this Article 18(http://www[redacted] .com) TO BE A SAFE SKIER NYS LAW REQUIRES YOU TO KNOW AND OBSERVE THE FOLLOWING DUTIES OF SKIERS: Not to ski in any area not designated for skiing; Actually I was skiing in a tube designed right by the resort itself, unfortunately, this job was done in a careless way(they dug the tube way too deep, in picture it was like 2~feet below the trail, which resulted in a thin snow base of the tube and eventually led to a damaged trail) that there was a giant pothole in the middle of the trailConsidering the size of the pothole(approximately feet deep and feet in diameter), it should have existed for quite a whileAnd there was yet no warning signs around this "trap"It is quite common to find such poles or warning signs around damaged trails in other well-run ski resortsSo this is definitely not an excuse for the resortInstead, it violated the Article since the resort designed a damaged area for skiers, which was obviously of extreme danger for its customersNot to ski beyond their limits or ability to overcome variations in slope, trail configuration and surface or subsurface conditions which may be caused or altered by weather, slope or trail maintenance work by the ski area operator, or skier use; I was exactly skiing within my ability because I had skied in that tube for many times and was quite familiar with itIf there was not a huge pothole in the tube where you could not notice this "trap" from distance and could not dodge, the accident won't happen at allTo abide by the directions of the ski area operator; No operator was there at allTo remain in constant control of speed and course at all times while skiing so as to avoid contact with plainly visible or clearly marked obstacles and with other skiers and passengers on surface operating tramways; The pothole was invisible until I was next to itFrom yards away, the tube looked all white because the snow wall of the pothole hid the hole from my eyesTo familiarize themselves with posted information before skiing any slope or trail, including all information posted pursuant to subdivision five of section 18-of this article; No information about the trap was providedNot to cross the uphill track of any surface lift, except at points clearly designated by the ski area operator; N/A in this caseNot to ski on a slope or trail or portion thereof that has been designated as “closed” by the ski area operator; The dangerous damaged trail was wide open for skiers"if someone falls into that, sorry, it's your own fault"--I think this is what Deb means in his replyNot to leave the scene of any accident resulting in personal injury to another party until such times as the ski area operator arrives, except for the purpose of summoning aid; I stayed until the patrol arrivedNot to overtake another skier in such a manner as to cause contact with the skier being overtaken and to yield the right of way to the skier being overtaken; Not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles; To yield to other skiers when entering a trail or starting downhill; To wear retention straps or other devices to prevent runaway skis; To report any personal injury to the ski area operator before leaving the ski area; and, 9, 10, 11, 12, N/A in this caseNot to willfully remove, deface, alter or otherwise damage signage, warning devices or implements, or other safety devices placed and maintained by the ski area operator pursuant to the requirements of section 18-of this articleIn 14, it mentioned the responsibility for the resort to place signage and warning devices to warn people the dangerUnfortunately the resort did no warning job but to blame its customers who fell into the broken trailsIn the end I am grateful that this time it took Deb only a few months to reply, which is great improvement considering it took him almost one year to reply to my emailLater another manager Kara even blamed this inefficiency on mesmhRegards, [redacted] ***

I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me Revdex.com did speak to consumer and the following was relayed: Consumer is willing to purchase the PIP at the rate of $in exchange for a Gift Card credit for 80% of the value of the season pass that he can use next season or laterThe consumer had previously sent the following: Please see attached PDF, doctor says I am not able to ski for 3-months from December 1, 2015, thereby missing the entire Bristol ski seasonNot eight weeks as Bristol Mtn states since they are an authority on injuriesI have been a client of Bristol Mountain since 1982, having season passes from to 1994, and since to presentI did not plan to have a broken bone and am asking Bristol to simply act in good-faith on monies paid in good-faith Either a refund of full amount of monies paid or a 100% credit of monies paid, toward a 2016/Twilight season passYou would think a business with a client with a history as long as years would do the -honorable- thing and not put their selfish self interests firstEspecially if they factor is the cost of client acquisition and cost to retain existing clientsNot to mention I notified Bristol of my accident Nov12th, As of today, December 4th 2015, Bristol has not opened for ski season, nor have I redeemed any product or service, as they have not openedRegards, [redacted]

Revdex.com spoke to Deb at business and the following was relayed: We did reimburse him for the lift ticket purchase and for any other charges for the day. We are unable to reimburse any of his medical expenses. It states on back of lift tickets that there are certain inherent risks with skiing and we are...

not responsible as the conditions can change at any time as this is not a man made creation, but one determined by nature. This has also been determined by NYS under article 18.

Bristol Mountain’s season pass refund policy is published where season passes are purchased including the season pass order form as well as on the web store. Bristol Mountain’s season pass refund policy clearly states that on or before October 1, 2015, a refund, in like manner, may be issued for any...

reason for the 2015-16 ski season, minus a $50 service charge. No credits or refunds are issued after October 1st without the purchase of Pass Insurance Protection (PIP). PIP was introduced this year to Executive and Student season passholders and works to provide a prorated Gift Card credit for the unused value of a season pass in the event of a serious or permanent medical condition, job relocation, or military service enlistment. From the period of October 2nd through December 1st, a customer would receive 80% of the value of the season pass. Mr. [redacted] purchased a Twilight Season Pass on April 30, 2015 from Bristol Mountain’s web store acknowledging season product policies. However, after reviewing his request, Bristol Mountain has provided Mr. [redacted] with the opportunity to purchase pass insurance although his surgery would allow Mr. [redacted] to return after an eight week recovery. Mr. [redacted] was offered the opportunity to retroactively purchase the PIP at a rate of $10 on 12/1/15 As of today, 12/4/15, we have not yet heard if he wishes to proceed with his Gift Card credit. The Gift Card credit has no expiration and may be redeemed at any sales counter.Please feel free to contact me with any questions or comments regarding this complaint. Amy S. Administrative Assistant

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.  Revdex.com did speak to consumer and the following was relayed: Consumer is willing to purchase the PIP at the rate of $10 in exchange for a Gift Card credit for 80% of the value of the season pass that he can use next season or later. The consumer had previously sent the following: Please see attached PDF, doctor says I am not able to ski for 3-4 months from December 1, 2015, thereby missing the entire Bristol ski season. Not eight weeks as Bristol Mtn states since they are an authority on injuries. I have been a client of Bristol Mountain since 1982, having season passes from 1987 to 1994, and since 2008 to present. I did not plan to have a broken bone and am asking Bristol to simply act in good-faith on monies paid in good-faith.  Either a refund of full amount of monies paid or a 100% credit of monies paid, toward a 2016/2017 Twilight season pass. You would think a business with a client with a history as long as 30 years would do the -honorable- thing and not put their selfish self interests first. Especially if they factor is the cost of client acquisition and cost to retain existing clients. Not to mention I notified Bristol of my accident Nov. 12th, 2015. As of today, December 4th 2015, Bristol has not opened for ski season, nor have I redeemed any product or service, as they have not opened. Regards, [redacted]

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. In Deb's reply, he says that "there are certain inherent risks with skiing and we are not responsible as the conditions can change at any time as this is not a man made creation, but one determined by nature". I am sorry to tell Deb: it was exactly a man made creation(a tube dug too deep) that caused the accident. What's more, Deb mentioned NYS Article 18 in his reply, as he emphasized before in our emails. However, the NYS article 18 is not in favor of the Bristol Mt Resort, at all. On the contrary, the business should take responsibilities when a skier obeyed all the codes in the Article. Below I will explain in details about how the NYS Article 18 should be applied to this case: on the website of Bristol Mountain Resort you can easily find this Article 18(http://www.[redacted].com) TO BE A SAFE SKIER NYS LAW REQUIRES YOU TO KNOW AND OBSERVE THE FOLLOWING DUTIES OF SKIERS: 1. Not to ski in any area not designated for skiing; Actually I was skiing in a tube designed right by the resort itself, unfortunately, this job was done in a careless way(they dug the tube way too deep, in picture it was like 2~3 feet below the normal trail, which resulted in a thin snow base of the tube and eventually led to a damaged trail) that there was a giant pothole in the middle of the trail. Considering the size of the pothole(approximately 2 feet deep and 3 feet in diameter), it should have existed for quite a while. And there was yet no warning signs around this "trap". It is quite common to find such poles or warning signs around damaged trails in other well-run ski resorts. So this is definitely not an excuse for the resort. Instead, it violated the Article since the resort designed a damaged area for skiers, which was obviously of extreme danger for its customers. 2. Not to ski beyond their limits or ability to overcome variations in slope, trail configuration and surface or subsurface conditions which may be caused or altered by weather, slope or trail maintenance work by the ski area operator, or skier use; I was exactly skiing within my ability because I had skied in that tube for many times and was quite familiar with it. If there was not a huge pothole in the tube where you could not notice this "trap" from distance and could not dodge, the accident won't happen at all. 3. To abide by the directions of the ski area operator; No operator was there at all. 4. To remain in constant control of speed and course at all times while skiing so as to avoid contact with plainly visible or clearly marked obstacles and with other skiers and passengers on surface operating tramways; The pothole was invisible until I was next to it. From yards away, the tube looked all white because the snow wall of the pothole hid the hole from my eyes. 5. To familiarize themselves with posted information before skiing any slope or trail, including all information posted pursuant to subdivision five of section 18-103 of this article; No information about the trap was provided. 6. Not to cross the uphill track of any surface lift, except at points clearly designated by the ski area operator; N/A in this case. 7. Not to ski on a slope or trail or portion thereof that has been designated as “closed” by the ski area operator; The dangerous damaged trail was wide open for skiers. "if someone falls into that, sorry, it's your own fault"--I think this is what Deb means in his reply. 8. Not to leave the scene of any accident resulting in personal injury to another party until such times as the ski area operator arrives, except for the purpose of summoning aid; I stayed until the patrol arrived. 9. Not to overtake another skier in such a manner as to cause contact with the skier being overtaken and to yield the right of way to the skier being overtaken; 10. Not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles; 11. To yield to other skiers when entering a trail or starting downhill; 12. To wear retention straps or other devices to prevent runaway skis; 13. To report any personal injury to the ski area operator before leaving the ski area; and, 9, 10, 11, 12, 13 N/A in this case. 14. Not to willfully remove, deface, alter or otherwise damage signage, warning devices or implements, or other safety devices placed and maintained by the ski area operator pursuant to the requirements of section 18-103 of this article. In 14, it mentioned the responsibility for the resort to place signage and warning devices to warn people the danger. Unfortunately the resort did no warning job but to blame its customers who fell into the broken trails. In the end I am grateful that this time it took Deb only a few months to reply, which is great improvement considering it took him almost one year to reply to my email. Later another manager Kara even blamed this inefficiency on me. smh. Regards, [redacted]