by Danny Cross
Posted In: Business
at 12:58 PM | Permalink
Waterpark failed to submit refunds after abruptly closing in March
Back in April and early
March, many Cincinnatians were all :-P as they looked ahead to
another summer of fun in the sun at Mason’s longtime waterpark, The
Beach. But their faces were more like :-( on March 9, when The Beach
abruptly announced that it would not reopen for the 2012 season, and
many went >:-O when the waterpark notified them that no refunds
would be made for 2012 season passes. Today the waterpark’s
operators are all :‘( because they just got sued by the Ohio
At the time of the
announcement that the park would not be opening, The Beach had already sold
8,800 season passes. But rather than offering full refunds to the
thousands of consumers who had purchased waterpark passes, the Beach
offered a collection of day passes and various discounts to other local attractions,
such as Kings Island and the Cincinnati Zoo, that it said was valued at "close to $200." Season passes to The Beach had most recently been sold for $89.99.
In response, 427 people
filed complaints with the Ohio Attorney General’s office, resulting
in the May 25 filing of a lawsuit against The Beach by Attorney
General Mike DeWine. The lawsuit charges the business with failure to
deliver, a violation of Ohio’s Consumer Sales Practices Act.
when a long-standing Ohio business closes," DeWine said in a
press release. "But The Beach Waterpark took money from
thousands of consumers and never delivered promised services. That's
The Beach in recent
years has seen increased competition from such nearby attractions as
Kings Island’s Soak City waterpark and the Great Wolf Lodge, which
opened an indoor waterpark in Mason in 2006.
In response to The Beach’s closing, Kings Island offered discounted
rates for upgrades to its season passes and a complimentary visit to
its amusement park and waterpark for Beach pass holders.
Dan Tierney, spokesman
for DeWine, says companies that go out of business often refund money
or provide a different product or service in place of that which was
previously purchased, but it must be of equal or greater value and
meet the consumer’s satisfaction.
“That has not
occurred in this case,” Tierney says.
The lawsuit alleges
that The Beach’s ownership partners have committed unfair or
deceptive acts and practices in violation of the Failure to Deliver
Rule and Consumer Sales Practices Act. Each violation of the Consumer
Sales and Practices Act is punishable by a $25,000 fine. The lawsuit
asks for reimbursements for all consumers, legal and court costs, an
injunction and civil penalties.
“There’s a possible
penalty on the punitive side of $25,000,” Tierney says. “That
being said, the goal of this, because there is no bankruptcy
protection, is to help affected consumers get refunds.”
According to Tierney,
if The Beach had filed bankruptcy protection, the company would be
protected and each individual consumer would need to file failure to
“During a bankruptcy
consumers can become creditors for not being delivered products,”
Tierney says. “In absence of that they would have to each
individually file failure to deliver lawsuits, but the attorney
general is doing it on behalf of Ohio consumers.”
The lawsuit was filed
in the Hamilton County Court of Common Please against the park’s
owners and operators: The Beach at Mason Limited Partnership and
Dayton-based Water Parks, Inc., and Cabana Equities, Inc.According to the
lawsuit, the Beach’s operators decided to close the waterpark on
March 7, two days before announcing the canceled season and lack of
The attorney general’s
office is encouraging other consumers who purchased passes to The
Beach Waterpark to file a complaint a www.ohioattorneygeneral.gov.
by Jac Kern
at 01:21 PM | Permalink
The Beach Waterpark, a summer hotspot for locals and visitors alike, will not open this summer, according to a press release from Warren County Convention & Visitors Bureau.The organization's president and CEO released this statement today:“We are saddened to hear The Beach Waterpark will not be open this summer. Tourism is the largest industry in Warren County and as a significant attraction and major landmark in the County for more than a quarter of a century, The Beach has had a lasting impact on visitor spending which, in turn, fuels jobs and revenue for the County. We realize this was a difficult decision for the park’s management and hope they can reopen in the future.”The Beach's website has not been updated with this information; there is still a job fair listing on the home page, which was supposed to take place March 24-25, along with a 2012 operational schedule.Apparently those looking for summer fun that's a step up from the city pool will need to visit Kings Island's Soak City Waterpark. Kings Island is set to open April 28, with the waterpark opening May 26.The Beach sprawls across 35 acres of land, pumping 2 million gallons of water throughout more than 50 rides and attractions
including The Cliff, Kahuna Beach Wavepool, the Lazy Miami River and the
An adventurous filmmaker discusses '127 Hours'
0 Comments · Wednesday, December 1, 2010
Danny Boyle's '127 Hours' is another intriguing entry in the 54-year-old British director's diverse, rapidly expanding collection of films. Since his impressive mid-1990s one-two breakthrough of 'Shallow Grave' and 'Trainspotting,' Boyle has tried his hand at a number of genres, the sign of an adventurous filmmaker eager to take on new challenges. He discusses his career and '127 Hours' with CityBeat.