WestJet is facing court action after an advocacy group for air passengers filed a lawsuit in B.C. against the airline over the compensation amounts it offers to travellers left with a bill for food and hotel stays due to a flight delay or cancellation.
According to a civil claim filed in B.C. Supreme Court on Tuesday, Air Passenger Rights claims the “guidelines” stated by the airline on its reimbursement page may “mislead” travellers about their legal rights.
“We are concerned that passengers seeing the information on WestJet’s website may get the wrong impression that they are owed less than what actually the law says they are owed,” founder Gabor Lukacs told Global News in an interview.
On WestJet’s reimbursement page, the company says customers can submit a request for reimbursement if out-of-pocket expenses within the airline’s control are incurred.
WestJet will reimburse travellers up to $150 per night for a hotel, with up to $45 per day per guest also reimbursed for meals. The cost for transportation between the airport and a hotel can also be expensed, while those like cell roaming charges and missed events cannot be reimbursed.
Under federal regulations, while there are limits to how much compensation you can get for a flight delay that is under the airline’s control, the same rules don’t set out how much can be given for a hotel stay or meal, only that the accommodation and transportation must be given free of charge.
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Lukacs says the limits that WestJet is putting out are “contrary to the law and comparable to what actually the law prescribes.”
His group is asking the court to have WestJet remove the guidelines from its website and reimburse passengers who travelled on or after Aug. 3, 2022, up to the date of final judgment of the court action and were affected.
Wayne Mackay, professor emeritus of law at Dalhousie University, told Global News that based on current federal regulations, Air Passenger Rights could have a good chance with the case and it would be up to WestJet to prove to the court why it doesn’t have to pay more.
The company has 21 days to file its response.
“It would appear that they (Air Passenger Rights) have a pretty good position and that WestJet will need to respond to that and respond in a way that will convince the courts,” Mackay said.
In a statement to Global News, WestJet said the company would not be commenting while the matter is before the court.
— with files from Global’s Heidi Petracek
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