Why I Will NEVER Book In Advance In The US
The Market Ticker - Commentary on The Capital Markets
Login or register to improve your experience
Main Navigation
Sarah's Resources You Should See
Full-Text Search & Archives
Leverage, the book
Legal Disclaimer

The content on this site is provided without any warranty, express or implied. All opinions expressed on this site are those of the author and may contain errors or omissions. For investment, legal or other professional advice specific to your situation contact a licensed professional in your jurisdiction.

NO MATERIAL HERE CONSTITUTES "INVESTMENT ADVICE" NOR IS IT A RECOMMENDATION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO STOCKS, OPTIONS, BONDS OR FUTURES.

Actions you undertake as a consequence of any analysis, opinion or advertisement on this site are your sole responsibility; author(s) may have positions in securities or firms mentioned and have no duty to disclose same.

The Market Ticker content may be sent unmodified to lawmakers via print or electronic means or excerpted online for non-commercial purposes provided full attribution is given and the original article source is linked to. Please contact Karl Denninger for reprint permission in other media, to republish full articles, or for any commercial use (which includes any site where advertising is displayed.)

Submissions or tips on matters of economic or political interest may be sent "over the transom" to The Editor at any time. To be considered for publication your submission must be complete (NOT a "pitch"; those get you blocked as a spammer), include full and correct contact information and be related to an economic or political matter of the day. All submissions become the property of The Market Ticker.

Considering sending spam? Read this first.

2025-01-05 09:01 by Karl Denninger
in Company Specific , 593 references Ignore this thread
Why I Will NEVER Book In Advance In The US
[Comments enabled]

Simply put its all the big businesses that screw people without warning.

Take Vail Resorts.  They had a strike over a $2/hr raise by their ski patrol people at Park City.  It snowed like crazy (excellent) but large parts of the mountain was not open -- because they had no ski patrol and avalanche mitigation.  The result was hour+ long lift lines so you paid $300/day to ski and stood around in line instead of skiing.  Obviously with hour+ lines you got three or four runs for $300 and both the tickets (advance purchased) and accommodations are almost always non-refundable.

There is always risk of natural bad things (e.g. no snow, etc.) but Vail Resorts caused this through their deliberate acts (yes, labor disruption is a choice and yes there are two sides) and yet you're owed, from their perspective, exactly nothing despite it being deliberate and avoidable action that led to the situation and an effectively worthless lift ticket.  We're not talking "force majeure" here (something entirely beyond their control.)

Never mind that if you do business with them you are forced into a litigation forum (no matter where you are or the event that occurs is they decided in advance for their advantage, you're barred from class actions and jury trials in most cases and similar extraordinarily-abusive clauses.

How do they get away with this?  They think they can because they're effectively a monopoly provider in many resort areas in America for skiing -- and not just in America either; they also own Whistler!

Oh by the way you should read Section B clause 1(c) and (f) in particular if you have an EPIC (season pass) which basically means if something like this (or their decision to impose things on you that have no bearing on your fitness to actually ski or board) upon you up to and including effectively destroying the utility of the pass entirely such as is now occurring.

The only way you are entitled to anything is if there's a natural disaster, pandemic, terrorism or war that closes basically everything in a given region.  Then (and only then) there is a convoluted formula that in many cases will screw you out of some of the money anyway and in all cases your related expenses are money down the drain.

They are kind enough to permit a refund if you die (along with a handful of other personal conditions.)

And by the way that refund, if any, is your exclusive remedy.  If they screw you and your accommodations and flight(s) are non-refundable that's too bad; you can't go after them for being the proximate cause of your other loss; so says the release you agreed to.

Incidentally 15 USC Chapter 1 makes quite clear that any combination that leads to an effective restraint of trade, price fixing or similar anti-competitive behavior is a felony offense and the imposition of such terms across a large percentage of the available places to engage in an activity on a "take it or leave it basis", all of which disadvantage the consumer in severe ways along with a pricing history showing insane leaps in price over the space of a couple of decades such as is occurring right now is pretty-decent evidence that said combination under one umbrella is in fact anti-competitive and thus a felony offense.

I do enjoy skiing but if you think I'll book anywhere that such a rather-clear "concentrated entity" controls my capacity to actually do what I paid the money for in advance with these sort of terms governing the transaction you're missing a few cans in your mental sixpack.  Further, there is a point where I will bag my participation entirely and thus deny all ski resorts and areas my money both at the area and in lodging, accommodations and other expenses should this sort of thing spread sufficiently that I am no longer comfortable that I will get what I paid for.

At least when it comes to leisure activities I have that choice; in many other areas of our economy no such choice exists because the activity and spending on it is effectively mandatory.