B.C.’s Civil Decision Tribunal has ordered WestJet to refund a household in full for his or her diverted flight and compensate them for related prices.
The passengers, known as RA, SB and MB within the resolution as a result of MB is a toddler, have been on a flight from Hawaii to Vancouver in April 2023 when it was diverted to Victoria attributable to smoke from a volcano, in response to the tribunal.
The candidates claimed that WestJet agreed to refund their flights, however later refused to take action, and that the airline additionally agreed to pay for his or her lodge, journey and meals bills that resulted from the flight change, however solely reimbursed a part of the prices.
In his resolution dated Sept. 17, tribunal member Peter Mennie was tasked with ruling whether or not WestJet owed the group an additional $430.80 for lodge, journey and meals prices and whether or not it owed $1,395.18 as a refund for the flights. He in the end dominated WestJet should pay each.
The flight
After the household landed in Victoria the night of April 13, 2023, they obtained an e mail from WestJet with three choices: take a flight at 12 p.m. from Victoria to Vancouver, select a special flight, or request a refund for the “flight-only itinerary.” They selected the refund, and WestJet despatched an e mail confirming that request was being processed.
The choice says the group adopted up with WestJet a number of occasions on the matter and obtained contradictory responses, and an worker ultimately informed them their refund wasn’t permitted.
In keeping with the choice, WestJet argued that the household is simply entitled to $16.17 for his or her flights, as a result of it says it’s solely required to refund the “unused portion of the candidates’ tickets.”
WestJet calculated that the gap from Hawaii to Victoria was 98.84 per cent of the whole route from Hawaii to Vancouver, and due to this fact the “unused portion” of the group’s tickets amounted to 1.16 per cent of the whole ticket price, or $16.17.
“WestJet argues that it by no means assured a refund quantity in its e mail to the candidates so it ought to solely pay what it should underneath the (air passenger safety laws),” the choice reads.
The passengers, in the meantime, argued that WestJet’s e mail supplied a full refund, not only for the “unused portion” of their tickets.
“I agree with the candidates that the plain and unusual which means of a refund of the ‘flight-only itinerary’ is the total price of the candidates’ flights. So, I discover that WestJet’s e mail supplied to refund the total price of the candidates’ flights,” Mennie wrote.
WestJet additionally argued its refund supply was not enforceable as a result of the group didn’t give one thing invaluable to make the contract so, and the tribunal disagreed.
“WestJet supplied three choices and the candidates selected a refund. In doing so, the candidates gave up their proper to a second flight. This was a detriment to the candidates and a profit to WestJet which not needed to fly the candidates to Vancouver. I discover that this was good consideration which makes WestJet’s refund supply enforceable,” Mennie stated.
The lodge, journey and meals
The candidates stated a WestJet worker on the aircraft informed them to go to the airline desk in Victoria, as there have been lodge rooms reserved for households with younger kids.
“The candidates say they and different households with younger kids waited over an hour on the WestJet desk, which was not staffed. At round 12:30 a.m., a second WestJet worker arrived and informed the candidates that there have been no lodge rooms so they need to guide their very own lodging,” the choice reads.
That worker reportedly informed the household WestJet would reimburse their bills – one thing the airline didn’t deny in its submissions. The passengers in the end paid $784.90 for a lodge room, meals and taxis.
WestJet reimbursed the household $354.10 for these prices, citing airline insurance policies as the explanation they didn’t give the total quantity.
The airline argued laws don’t require it to reimburse lodge, journey and meals prices if the delay is because of causes exterior of its management.
“(WestJet) says it paid $354.10 as a gesture of goodwill to partially reimburse the candidates,” the choice says.
Nevertheless, Mennie reasoned that the WestJet worker promised the household that they’d be compensated for the prices, with out mentioning any coverage limitations, and the candidates accepted that provide, and due to this fact “WestJet is sure by its worker’s assertion and should reimburse the candidates’ prices.”
WestJet additionally introduced up that it didn’t wish to pay the prices as that might “make it an insurer for passengers no matter whether or not the delay was inside its management,” however Mennie stated if WestJet needs to keep away from paying in full for issues like resorts and meals it must be specific with its passengers.
In the long run, the tribunal ordered WestJet to pay $430.80 for the remaining prices and $1,395.18 for the flight tickets. Added up with pre-judgement curiosity and CRT charges, the candidates obtained $2,080.81 in complete.
