Some Canadians can now claim part of a massive settlement in a class action against WestJet over baggage fees.
Evolink Law Group published a notice of the proposed $12.5 million settlement in June, and the Supreme Court of British Columbia approved it in October. WestJet has not admitted liability.
The plaintiff claimed that the airline charged them a fee for their first checked bag “contrary to a provision included in its tariff” during the class period.
Who’s eligible to claim the WestJet settlement?
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This class action includes people in Canada and anywhere else in the world who paid a fee for their first checked bag on flights booked directly with WestJet for travel between October 29, 2014, and July 29, 2017 (for Canadian domestic flights) or between January 6, 2016, and February 27, 2019, (for international flights).
It also includes travellers who booked flights under a policy stating that checked bags are free.
How much money can you get?
The settlement has been approved, meaning class counsel fees, administrative costs, reasonable disbursements, and an honorarium for the plaintiff will be deducted from the $12.5 million.
“WestJet will pay in the form of cash class counsel fees (one-third of the settlement), disbursements, and the plaintiff’s honorarium ($1,500),” reads the settlement website.
After deductions, the remaining amount will be allocated pro rata as a credit to the WestJet Bank accounts of class members who submit a claim within the 90-day opt-out period, following the court-approved claims protocol.
The pro rata amount you could receive depends on the number of submitted claims and the claims rate. Class members could receive an estimated $10 to $20, “assuming an estimated claims rate of 5%.”
“The WestJet Travel Bank credits may be redeemed towards WestJet flights within 24 months without any blackout periods,” states the website. “The credits will expire after the 24 months if they are not redeemed in time. The WestJet Travel Bank credits are non-transferable but can be used to book for another guest.”
According to law firm Hammerco, due to potential limitation periods, there is a different distribution protocol for those who travelled before or after July 6, 2017.
“The settlement provides that distribution for each approved claim will not exceed $45 for class members on or after July 6, 2017, and $18 for class members before July 5, 2017,” reads the settlement.
How can you make a claim?
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The claims period began on November 11 and is open until February 10, 2025.
There are three ways you can make a claim:
- If you received an email notice from the Claims Administrator, you can use the Unique ID and PIN in that email to submit a pre-populated claim form by clicking here
- You can submit the claim form electronically here, along with proof of class membership
- You can also submit a paper claim form, which is available for download here, and submit it to the claims administrator with your proof of class membership. The claim forms are to be submitted to WestJet Settlement Administrator, c/o A.B. Data, Ltd., P.O. Box 173103, Milwaukee, WI 53217
If you paid the checked bag fee multiple times, you’re only eligible to submit a claim for a maximum of three checked bags.
With files from Simran Singh