Court tells WestJet that close doesn’t count in flight from Hawaii to Vancouver after flight diverted to Victoria due to smoke from a volcano
A court in British Columbia this week ordered WestJet airline to pay a total of more than $2,000 to three passengers whose flight from Hawaii was diverted from Vancouver to nearby Victoria. The airline had argued that because the plane made it most of the way to where it was going, the passengers should still pay most of the cost.
The applicants said a WestJet employee on the plane told them to go to the WestJet desk in the airport because hotel rooms were reserved for families with young children; there, a second WestJet employee told them to book their own accommodation, and that the airline would reimburse hotel, travel, and food expenses.
The applicants paid $784.90 for a room, meals and taxis. However, WestJet eventually paid them less than half that amount — $354.10, as “a gesture of goodwill,” the court document states — telling them its policies limit the amount of reimbursement.
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WestJet ordered to pay more than $2K to passengers after offering $16.17 as reimbursement
Court tells WestJet that close doesn’t count in flight from Hawaii to Vancouver after flight diverted to Victoria due to smoke from a volcano
Author of the article:Chris Knight
Published Sep 20, 2024 • Last updated 1 week ago • 3 minute read
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Mount Baker and a WestJet plane
Mount Baker in Washington is seen in the distance as a WestJet Airlines Boeing 737 Max aircraft arrives at Vancouver International Airport. A flight in April 2023 was diverted to Victoria due to smoke from a volcano. Photo by Darryl Dyck /THE CANADIAN PRESS
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A court in British Columbia this week ordered WestJet airline to pay a total of more than $2,000 to three passengers whose flight from Hawaii was diverted from Vancouver to nearby Victoria. The airline had argued that because the plane made it most of the way to where it was going, the passengers should still pay most of the cost.
The unnamed applicants, referred to in court documents as RA, SB and MB, purchased a flight from Hawaii to Vancouver with the respondent, WestJet Airlines Ltd. But the April 13, 2023 flight was diverted to Victoria because of smoke from a volcano.
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The applicants said a WestJet employee on the plane told them to go to the WestJet desk in the airport because hotel rooms were reserved for families with young children; there, a second WestJet employee told them to book their own accommodation, and that the airline would reimburse hotel, travel, and food expenses.
The applicants paid $784.90 for a room, meals and taxis. However, WestJet eventually paid them less than half that amount — $354.10, as “a gesture of goodwill,” the court document states — telling them its policies limit the amount of reimbursement.
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On the night the flight landed, the airline also offered the applicants three choices: a noon flight the next day from Victoria to Vancouver; a different flight to the same destination; or a refund. They chose option three, having paid a total of $1,395.18 for their tickets. WestJet sent the applicants an email confirming that the refund request was being processed.
But the airline later claimed passengers are only entitled to a refund for the “unused portion” of their tickets, under section 18(1.1) of the Air Passenger Protection Regulations, which states: “If a carrier cannot provide a confirmed reservation in accordance with subsection (1), it must, at the passenger’s choice, refund any unused portion of the ticket or provide the following alternate travel arrangements, free of charge.”