A passenger advocacy group has filed a lawsuit against WestJet Airlines alleging the company’s guidelines that cap reimbursement for cancelled and delayed flights is in contravention of Canadian law and an international treaty.
In its statement of claim, Air Passenger Rights alleges that the WestJet’s guidelines go against the Montreal Convention as well as the Canada Transportation Act, both of which seek to protect the rights of air travellers.
When asked for comment, Madison Kruger, media relations strategist at WestJet, wrote in an email, “Thank you for the inquiry, however we do not comment on matters before the courts.”
WestJet’s reimbursement guidelines read, “should you incur out-of-pocket expenses for a flight delay or cancellation within our control, you may submit a request to WestJet for reimbursement.”
It adds, “WestJet will review requests for reasonable expenses that qualify within our guidelines and supporting itemized receipts will be required.”
The guidelines go on to impose a $150 cap for hotels in Canada, or $200 for hotels outside of Canada, per night/per reservation, in the case that WestJet was unable to secure a hotel room or the customer did not accept the hotel re-acccommodation WestJet offers.
“The law requires WestJet to actually get the passenger accommodation, period, full stop,” Lukacs said.
WestJet’s guidelines also cap meal expenses to $45/day/per guest in the event that meal vouchers are not available. Transport between the airport and hotel, it reads, will be reimbursed in full.
The airline will not, however, reimburse cellular data roaming charges, missed “entertainment/sporting/excursion events,” lost wages or missed connections, the guidelines note.
The lawsuit demands that WestJet remove the guidelines from its website and refrain from using it in response to passenger requests.
The company not only published the guidelines on its website but also expressed them to customers in email communications as well, Lukacs alleged.
The cap on hotel accommodation and meals runs “contrary to federal laws and the terms of their own tariff,” reads the statement of claim. It also “misinform(s) passengers that they have no right to reimbursement of roaming charges, missed prepaid events, and/or lost wages in the event of delays.”
The lawsuit is “unique,” wrote Lukacs in an email, in that it is not a class action. Instead, the organization is “suing in the public interest on the basis of a provision of the B.C. Business Practices and Consumer Protection Act that specifically permits public interest lawsuits of this nature.”
Air Passenger Rights advocates on behalf of air travellers. Its stated mission is to “turn helpless passengers into empowered travellers through education, advocacy, investigation, and litigation.”
The lawsuit follows a letter sent by the group to WestJet on July 26.
“In short,” the letter reads. “WestJet cannot purport to limit, or make inaccurate representations that have the capability, tendency or effect of misleading passengers as to WestJet’s liability for passengers’ eligible hotel costs or meals to a specific amount — it must cover all of the passengers’ out-of-pocket expenses for hotel and food.”
The letter adds, “We kindly ask that you ensure the misleading information identified above is removed and replaced with accurate statements about WestJet’s legal obligations to passengers and passengers’ rights by no later than August 2, 2024. Should WestJet fail to make the corrections, we will seek the assistance of the courts.”