WestJet held liable after making a promise and ordered to pay thousands

Sep 18 2024, 5:15 pm

WestJet was involved in a dispute at the BC Civil Resolution Tribunal where it was ordered to pay over $2,000 to some passengers because of what an employee told them.

Applicants RA, SB, and MB got tickets for a flight from Hawaii to Vancouver through WestJet, but that flight was diverted to Victoria.

The applicants claim that WestJet agreed to pay for their hotel, travel, and food costs incurred because of the flight change. However, WestJet only partially refunded them.

In defence, WestJet claimed that its reimbursement ability was limited by policies. It adds that it was only required to refund a portion of the tickets, which WestJet calculated at $16.17.

The tribunal disagreed, and the decision was posted publicly.

The passengers landed in Victoria in the late evening of April 13, 2023. According to the tribunal decision, a WestJet employee allegedly told the passengers to go to the WestJet help desk in the airport “because hotel rooms were reserved for families with young children.”

At around 12:30 am, another WestJet employee told the passengers that there were no hotel rooms and that they needed to book their own accommodation. They also told the passengers that WestJet would reimburse their expenses.

The passengers found a hotel and paid $784.90 for the room, meals and taxis.

WestJet emailed the passengers that night about alternate travel arrangements back to Vancouver. They had three choices, including the option to request a refund. They opted for the refund, and WestJet said it was being processed.

They were reimbursed $354.10 for the hotel, travel, and food costs, but WestJet denied them the full amount because of its reimbursement policies.

WestJet was initially only going to pay $16.17 for a flight refund because it represented the 1.16% of the full trip that wasn’t fulfilled (they got to Victoria instead of Vancouver).

“It says that the unused portion of the applicants’ tickets is the remaining 1.16%, so they should receive $16.17, which is 1.16% of their flight costs,” the decision states.

Because an email stated that WestJet would refund the “flight-only itinerary” of the booking, the tribunal determined that meant the full amount of the flight, not just a partial amount. So, WestJet was ordered to pay $1,395.18 as a full flight refund.

When it comes to the other expenses, WestJet didn’t deny that an employee promised to reimburse the applicants for their hotel, travel and food costs. So, the tribunal accepted that as evidence.

In total, WestJet was ordered to pay $2,080.81 which included the debt and CRT fees.

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