When Holiday Plans Derail: Aspen Crossing's Polar Express Cancellation Leaves Calgarians Seeking Answers

The Gist

For many Calgarians, the annual Polar Express train ride at Aspen Crossing, nestled near Mossleigh, Alberta, is a cherished holiday tradition. Inspired by the beloved movie, this approximately one-hour excursion promises festive cheer, complete with a golden train ticket, hot chocolate in a ceramic collector's mug, a cookie, and a silver bell for each passenger. However, a recent incident has left a local family feeling far from festive. After spending roughly $150 for two tickets, they were alerted to a last-minute cancellation of their evening ride, with a re-schedule offered for the following day. Unfortunately, due to pre-existing family Christmas travel plans, the new date was impossible.

Upon contacting Aspen Crossing, the initial response was a blunt "no refunds." A subsequent call yielded an offer of a gift card, with staff stating they weren't authorized for refunds. The situation escalated when a manager, "Jen," reportedly stated, "you have to look at it from our perspective, we paid for the movie rights and have expenses," before ending the call. The customer's review of their receipt's attached policies found no provisions addressing cancellations or rebookings initiated by Aspen Crossing.

Impact on Calgarians

This isn't just about a single family's $150; it's about the financial and emotional toll on Calgarians who meticulously plan their holiday experiences. For many, this event is a significant part of their Christmas budget and family memories. When a business cancels an event, especially one tied to the magic of the holidays, and then allegedly refuses a refund, it directly impacts trust and future booking decisions for local families. While ticket prices for the Polar Express vary by car class and don't include GST or booking fees, the expectation remains that if a service cannot be rendered, a fair resolution should be provided. Aspen Crossing's FAQ generally states that trains run regardless of weather, only canceling if Highway 24 is closed, making the reasons behind this specific cancellation and the subsequent refund refusal all the more perplexing for consumers.

The Reality Check

When it comes to consumer rights in Alberta, the **Consumer Protection Act (CPA)** is your best friend. This provincial legislation explicitly prohibits businesses from engaging in "unfair practices." This includes situations where a business takes payment without intending to provide the good or service, or states a service will be provided within a certain timeframe when they know they cannot deliver. While specific refund rules in the Ticket Sales Regulation primarily target secondary sellers, the CPA's broader provisions are applicable to primary sellers if they cancel an event and then refuse a reasonable refund or rebooking option, particularly when their own published policies fail to address such scenarios.

The Consumer Bill of Rights, a cornerstone of the CPA, ensures that consumers have the right to cancel a contract without penalty within one year if a business is found to have used an unfair practice, and critically, consumers cannot waive their rights under this Act. Although businesses can set their own refund policies, they are legally bound to honor their written policies and avoid deceptive practices. Furthermore, if a consumer contract contains vague terms, those terms are typically interpreted in favour of the consumer. It's also important to note that Aspen Crossing's general policy for customer-initiated cancellations typically allows refunds up to 30 days prior with a $12 fee, after which no refunds or transfers are usually provided, but this doesn't directly speak to company-initiated cancellations.

The Flip Side

It's understandable that businesses have operating costs, including significant expenses like movie rights, as manager "Jen" reportedly pointed out. The logistics of running a seasonal attraction like the Polar Express are complex, and unforeseen circumstances can arise. In the past, such as during the 2020 COVID-19 pandemic, Aspen Crossing's Polar Express cancellations led to situations where customers sought refunds, and the company offered credits instead, generating public discussion. This suggests a precedent for offering alternative compensation. It's also helpful to know that Aspen Crossing gift cards, which were offered in this instance, can indeed be redeemed over the phone.

The Bottom Line

So, what's a Calgarian to do when their festive plans hit a snag and a refund seems out of reach? Service Alberta's Consumer Contact Centre and Consumer Investigations Unit (CIU) are your go-to resources. They strongly advise that consumers who believe a business has engaged in an unfair practice or breached consumer protection laws should make a complaint. If you can't reach a resolution directly with the business, don't hesitate to contact the Service Alberta Contact Centre at 1-877-427-4088. They can discuss your concerns and help you file a formal complaint for assessment and potential investigation by the CIU. Knowing your rights under the Alberta Consumer Protection Act is crucial for navigating these situations and ensuring your hard-earned dollars and holiday spirit are protected.