Passenger sues WestJet for spoiling his vacation thanks to late baggage

Feb 28 2024, 9:17 pm

WestJet was ordered to fork over hundreds of dollars after a passenger received his baggage late, forcing him to pay out of pocket for new clothes.

Kelly Quist was travelling from Kelowna, BC, to Hawaii via WestJet, and he said that the airline spoiled his vacation by delivering his baggage late.

He initially claimed $3,000 in damages, while WestJet said his claim should only be $452.83.

The BC Civil Resolution Tribunal found that Quist was entitled to some money but not his entire claim.

Quist purchased his airfare to travel to Kahului from Kelowna on January 20, 2023. His return trip from Kahului to Vancouver was to arrive before midnight on January 24, 2023.

According to WestJet documents, Quist had one bag that became delayed on his first flight. He complained about it on January 21. A courier delivered his bag to him on the afternoon of January 23.

The tribunal said that compensation for baggage delay is limited to $1,288.

Quist provided several receipts, but the tribunal didn’t agree that all of them were compensable.

“The January 21, 2023 receipt shows Mr. Quist purchased golf shoes, gloves, and rented a golf club or clubs. I find these were reasonably necessary as it is undisputed his bag included such items, and he was on a golf trip. These items total $190. I disagree that the tee time fee on the receipt is compensable. I find Mr. Quist would have incurred this fee in any event.”

The tribunal found that the things Quist deserved compensation for were his purchased clothes, which included 13 shirts, six pairs of shorts, eight pairs of socks, nine pairs of underwear, and a towel.

In the end, Quist was awarded $704.21, which included $609.56 in damages and the rest in tribunal fees.

Amir AliAmir Ali

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