Aspen Skiing Company (ASC) has recently summited a motion to dismiss a lawsuit that was filed against them by a woman who booked a wedding with them and later canceled due to COVID-19 restrictions. The company claims that the woman, Cynthia Baxter, is not entitled to the return of her nearly $60,000 deposit.
According to the motion, Baxter scheduled a wedding for June 2, 2022 in December of 2021. In order to book, she and her mother, Kayla, paid a deposit of $58,257.92.
"Now, in an attempt to recoup their deposit – which ASC was contractually permitted to keep – Plaintiffs allege that they cancelled based on COVID-19 restrictions, which made the wedding “impossible"," the motion reads.
The Plaintiff's claim that they were made aware that their guests would be required to be vaccinated against COVID-19 or wear facemasks in order to attend after a contract was already signed.
As a result of the policy, the Baxter's canceled the wedding on December 13. ASC claims that they are contractually entitled to keep the down payment per the contract's cancelation policy.
"The Cancellation Policy does not require ASC to return the entirety of the Deposit under any circumstances or apply it to a new date. Rather, Plaintiffs agreed that cancellation fee would automatically be due if the wedding were cancelled “after acceptance of this agreement." Indeed, the cancellation fee Plaintiffs owed based on the date of their cancellation actually exceeded the amount of the Deposit; Plaintiffs cancelled the Event 172 days before the June 3, 2022 date, resulting in a cancellation fee of 75 percent of “Anticipated Revenue”," the motion reads.
According to ASC counsel, based on the estimated cost of the wedding at $116,515.84, the contractual cancellation fee is actually $87,386.88.
The court has yet to rule on the motion.
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