TICKET PURCHASE TERMS AND CONDITIONS
Effective July 3, 2023
Tickets: Each ticket that you purchase for Cog Railway, including digital tickets delivered through email, SMS text message or other digital media, is a revocable license to participate on a scheduled trip on the Cog Railway up to the summit of Pikes Peak (a “Ride”) or to park at our location, (each, a “ticket”) and is subject to this Agreement.
Purchase/Payment: The Service currently accepts various credit cards, debit cards, gift cards and we may choose to accept other digital methods of payment if listed on our Service (each, a “Payment Method”). Ticket purchases must be paid in full at the time of purchase. If you decide to purchase tickets, parking or merchandise, you agree to pay, in addition to the price for the tickets or other items, other taxes, fees and charges that we may require, all of which will be disclosed to you at the time of purchase. Tickets may be rescheduled or refunded if your request is made more than 7 days prior to departure, without penalty. Within 7 days of departure, you many either reschedule your reservation or request a Store Credit for a $20 fee ($20 fee will apply to the entire reservation). Store Credit will be valid for 1 year from date of issuance. To make changes to your reservation, contact us at [email protected] or 719-685-5401. Cog Railway may in limited circumstances need to cancel and refund tickets for reasons as described in this Agreement, including, but not limited to, inclement weather, mechanical or track infrastructure failure, if your Payment Method provider does not remit payment, if we suspect fraudulent or other illegal activity, or your breach of this Agreement). Once purchased by a customer, tickets may not be resold or otherwise transferred to a third party. Any third party transfers or resales will not be honored and the original tickets will be considered void.
Unforeseen Events: The holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, severe weather conditions, power outages, telecommunication interruption, strikes or labor disputes, war or other violence, pandemics or other widespread illness, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency. Although we make every effort to remain on schedule, trip times are subject to change due to weather or other reasons.
Delivery: If you purchase tickets on our Service, your tickets will be delivered to you via email to the email. Cog Railway is not responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate email address. If you have not received your tickets 3 days before your scheduled Ride, please contact us as described below.
Order Confirmation: Cog Railway will send a confirmation and summary of your purchase to the email address you provided to our Service. If you do not receive a confirmation from us, if you receive an error message, or if you discover an error in the information provided, contact us immediately as described below. Cog Railway is not responsible for transactions that were not completed or for assumptions that a transaction was completed even though you did not receive a confirmation.
Notifications: By purchasing a ticket to a Ride and providing us with your mobile phone number or email address, you consent to us sending you updates related to your scheduled Ride, including without limitation scheduled boarding times, delays, weather concerns, traffic or parking concerns, or other timely notifications, however, Cog Railway does not have any obligation to send any such notifications, and will not be liable for any failure to do so.
Parking: Parking is limited at Cog Railway. Paid parking in our lot is first come-first served. Please arrive in Manitou Springs to allow sufficient time to park offsite if our lot is full, and please monitor your mobile phone number and/or your email to read our alerts on parking availability in our lot. Generally, parking in our lot is available 30 minutes prior to your scheduled departure, but this is not guaranteed. Parking is not covered, and Cog Railway is not liable for any damage that may occur to your vehicle while you are parked at Cog Railway resulting from severe or inclement weather, including but not limited to: hail, wind, snow or ice. Similarly, we are not liable and cannot be held responsible for damage to your vehicle from the actions of drivers or others in the parking lot or otherwise in connection with your visit to Cog Railway. Our parking lot, including off-site parking, is not secure and we are not responsible for theft of any valuables you choose to leave in your vehicle. All Cog Railway parking areas are strictly for use of Cog Railway guests during the time that they are riding the Cog Railway. Utilizing Cog Railway parking areas for the purpose of hiking, even in conjunction with riding the Cog Railway, is not permitted. Buses, shuttle buses, recreational vehicles, campers, trailers, box trucks, commercial vehicles, and vehicles over 25 total feet (including racks and accessories) in length, are not permitted to park in Cog Railway parking areas. Unattended pets or animals are not permitted in Cog Railway parking areas and law enforcement will be notified if pets or animals are left in unattended vehicles on hot days.
Seating: Seating is not guaranteed, and you may not be able to sit together with your party unless you reserve seats when purchasing your ticket. Reserved seating is subject to an additional charge. If you don’t pay for reserved seating, your seats will be automatically assigned prior to the Ride by our system. We may need to reseat passengers due to unforeseen train changes or other reasons. Please be aware that the seats you requested or seats automatically assigned by the Service are assigned to you for the duration of your trip and we ask that you maintain those seats. ADA accessible seating is not available for purchase online on our Service, but we would be happy to reserve accessible seating for you if you call us at (719) 685-5401. Please note that our ADA accessible seating is extremely limited, and we may not be able to accommodate the specific time or date requested, and your entire party may not be able to sit together. Click here to see our Service Animal Policy.
One-Way Tickets: We may occasionally offer one-way tickets for individuals who choose to reach the summit on their own and only wish to ride the Cog Railway down to the base, or who wish to ride the Cog Railway to the summit and return to the base on their own. However, these one-way tickets are extremely limited, and we do not guarantee that any one-way tickets will be available on any given day. One-way tickets may only be purchased from the Manitou Depot at the base (for a one-way ride to the summit) or from authorized Cog Railway personnel at the summit (for a one-way ride down to the base). Do not purchase a round-trip ticket through our system with the intention of only riding one-way, as your entire ticket will be voided if you do not board the train at the Manitou Depot, and there is no guarantee a seat will be available for a one-way trip down from the summit.
COVID-19. There are certain risks inherent in attending any activity in which other people are present, including the risk of being exposed to COVID-19 or other illness. By visiting Cog Railway and going on a Ride, you voluntarily assume all risks and danger related to exposure to COVID-19, and all other risks incidental to the Ride for which the ticket is issued, whether occurring before, during or after the Ride, and you waive any claims for personal injury or death against Cog Railway, its parent company, affiliates, shareholders, and all of their respective officers, directors, owners, consultants, employees and other representatives (collectively, the “Releasees”). You agree to comply with any measures we may impose in our efforts to prevent transmission of illness, such as requirements to wear masks, or other instructions we may provide at the time of your Ride.
Altitude. The summit of Pikes Peak is over 14,000 feet, and many people may become dizzy, feel faint, or suffer from altitude sickness. Please do not embark on a Ride unless you are in proper health to visit the summit. Emergency medical technicians (EMTs) on the summit of Pikes Peak are not employed by the Railway. The Railway is not involved with, or responsible for, and will have no liability associated with, the acts, omissions, decisions or representations made by the EMTs. If you need to be evacuated from the Summit due to health concerns, or if you choose to be evacuated from the Summit for any other reason, all costs related to the evacuation will be your sole responsibility.
Malfunctions and Delays. Our trains are mechanical and may break or have malfunctions from time to time. We are not responsible for any delays caused by malfunctions, disorderly passengers, or otherwise, or any disruption to your schedule or plans, including without limitation missed flights or other scheduled activities due to delays at Cog Railway. Malfunctions may require us to change your Ride to a different train, which may have fewer seats than the originally scheduled train. Accordingly, if we need to use a smaller train for your Ride, we reserve the right to modify seating arrangements, and to reschedule or issue refunds to passengers we are not able to accommodate at the originally scheduled time.
Weather. Weather in Colorado (and particularly at the summit of Pikes Peak) is unpredictable and can change rapidly. We do not issue refunds due to weather. In addition, severe weather or excessive snow may limit our ability to reach the summit. We will attempt to notify passengers ahead of time if we cannot reach the summit, however, rapidly changing weather conditions may cause trains enroute to the summit to be directed not to continue to the summit. We will attempt to accommodate requests to reschedule your Ride for a later date if desired, however, full refunds will not be offered. Trains which are unable to reach the summit will be issued a minimum 25% refund. Trains which are unable to reach Mountain View Siding will be issued a 50% refund. Refunds will be issued to the method of payment used for the original ticket purchase. If cash was used for a purchase (e.g. at the Cog Railway base site), please come back to the ticket office and the refund will be issued in cash. In some instances, a check will be mailed to you for the refunded amount.
Pikes Peak Visitor Center Limitations. The Pikes Peak Visitor Center on the summit of Pikes Peak is owned and operated by the City of Colorado Springs, not by Cog Railway. We have no responsibility or liability with regard to any acts or omissions of The Pikes Peak Visitor Center, and we make no representations or warranties regarding its conditions, services, or otherwise.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NONE OF THE RELEASEES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR, AND YOU EXPRESSLY WAIVE ALL RIGHTS TO SEEK, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, TRANSACTIONS MADE THROUGH THE SERVICES, MATERIALS CONTAINED ON THE SERVICES, ANY ASPECT OF THE RIDE, ANY TRANSPORTATION TO/FROM THE SUMMIT OTHER THAN THE RIDE, OR ANY INJURY, LOSS OR DAMAGE OCCURRING ANYWHERE ON PIKES PEAK (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). THE MAXIMUM LIABILITY OF COG RAILWAY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES AND LOSSES SUFFERED BY YOU, SHALL BE $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release; Sole Remedy: You hereby voluntarily and knowingly agree, to the maximum extent permitted by applicable law, to waive, release, and forfeit any and all claims and actions you have or may have against the Releasees and any associated losses, damages and expenses (including attorneys’ fees), that relate to, arise out of, or may arise out of the operation of Cog Railway, your inability to participate in a Ride during the time period for which it was purchased, or a violation of this Agreement or any of the other terms or policies referenced herein. Refunds under this Agreement are your sole remedy against any of the Releasees in connection with the operation of Cog Railway, any delays, malfunctions, illness, other harms, or your inability to use your ticket during the time period for which it was purchased.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Be On Time: PASSENGERS MUST BE ON BOARD AND SEATED AT LEAST 10 MINUTES PRIOR TO DEPARTURE. Boarding will begin 20 minutes prior to your train departure time. Parking is limited, and you must allow sufficient time to potentially park offsite. We maintain a strict schedule, and we cannot hold a train for late arrivals, either at the beginning of the Ride, or when returning from the summit. If you are scheduled for the last departure from the summit and miss your train, you are solely responsible for arranging passage back to Manitou Springs if you do not wish to walk down (please note that walking down the road is approximately 21 miles, hiking down one of the trails would be approximately 14 miles, will be steep and rocky in some areas, and will require hiking shoes). We will not have any liability for any injuries, expenses, or other harm you may incur in walking/hiking down from the summit. You are liable for all expenses related to being evacuated from the summit (please note that the Pikes Peak Highway will charge at least $500 per person, and this amount is subject to change over time without notice to you).
Proper Conduct: All participants must conduct themselves properly while on the Cog Railway property, during the Ride, at the summit of Pikes Peak, and at all times in connection with the Ride. Cog Railway has the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct we deem disorderly or improper, who uses inappropriate, vulgar or abusive language, who appear under the influence of alcohol or drugs or who otherwise violates this Agreement.
Dress Appropriately: The summit of Pikes Peak is rocky, weather is unpredictable and can change rapidly, and it is always significantly colder at the summit than at the base of Pikes Peak. We recommend that you bring a jacket or dress in layers. Terrain is uneven and the Summit Station has a graded platform. Please wear comfortable and sturdy walking shoes suitable for walking on a rocky surface, potentially with snow and ice. High heels are strongly discouraged.
No Weapons or Smoking: It is expressly forbidden to bring firearms, knives or ANY weapon on board the train. Smoking and e-cigarettes are not allowed on the trains or elsewhere on our property.
Limited Room on Trains: The trains do not have sufficient space for strollers, large bags, or other large items. If you feel that you must bring a large items on the Ride with you, contact us as indicated below, and we will inform you as to whether you will need to purchase an additional ticket for the item, or if we are simply unable to accommodate the item on your Ride.
No Pets/Service Animal Limitations: Cog Railway does not permit any pets on a Ride except for service animals (as defined by the ADA). However, due to our limited space, we may not be able to accommodate large service animals on your Ride. Please contact us as indicated below in advance so that we may let you know if we can accommodate your service animal. Click here to read our Service Animal Policy.
Food/Drinks/Other: Outside food and drinks, except water, are not allowed on the Cog Railway premises or on the trains.
Ride the Same Train Down: If you have a round-trip ticket, you must return to the base area on the same train you took to the summit (this does not apply to purchasers of a one-way ticket for only a return trip down from the summit). Round-trip purchasers will not be permitted to ride down to the base on a different train. Please see “Be On Time” above for further details regarding your costs and other liabilities if you miss your train down and you require evacuation or if you choose to walk or hike down from the summit.
Recording/Photography: Your ticket purchase and/or participation in any Ride grants Cog Railway permission to use your image in its promotional materials. You may use any images or recordings you take during your Ride or on the Cog Railway premises only for your personal, non-commercial use, unless you have entered into a written commercial use agreement signed by an authorized representative of Cog Railway. If you upload any images or recordings of Cog Railway, your Ride, our trains, our premises, to social media and you tag Cog Railway, we reserve the right to use such images or recordings on our Service or in our social media accounts, and you hereby grant permission to Cog Railway to use your name, image, likeness, on our Service or in our social media accounts without further authorization from, notice or compensation to, you or anyone acting on your behalf, including for promotional or other purposes.
Search/No Expectation of Privacy: You and your belongings may be searched on entry to or during your Ride. You consent to such searches and waive any related claims that may arise from such a search. If you elect not to consent to such searches, you may be denied entry to the Ride without refund or other compensation. You agree that the Ride for which you purchase tickets is a public event, that your appearance and actions during the Ride and while on the Cog Railway grounds are public in nature, and that you have no expectation of privacy with regard to your actions or conduct thereon. We may have surveillance cameras posted on the Cog Railway property and within our trains.
Promotion Restrictions: Tickets may not be used for any advertising or promotion purposes, or used as a contest, sweepstakes or other prize without the prior written permission of Cog Railway.
Contact Information: If you have any questions regarding this Agreement, please contact us:
The Cog Railway
PO Box 351
Manitou Springs, CO 80829
By email: [email protected]
By online form: http://www.cograilway.com/contact-us
By Phone: 719-685-5401