Passenger rights group file lawsuit against WestJet for compensation limits

Canadian advocacy group Air Passenger Rights (APR) filed a lawsuit against low-cost carrier WestJet for placing a cap on passenger compensation.

According to the group, the airline is misleading customers by capping compensation for expenses such as hotels and meals when flights are delayed or canceled.

APR President Gabor Lukacs told Daily Hive Canada that the lawsuit is not a class action, but rather the group is suing in the public interest on the basis of a provision of the British Columbian Business Practices and Consumer Protection Act that specifically permits public interest lawsuits.

Under WestJet’s current compensation claims, the following information has been made available on its website: 

“In situations where WestJet was unable to secure a hotel room, or you did not accept the hotel re-accommodation option WestJet has offered (and you book your own hotel), WestJet will reimburse you up to C$150 (C$200 for non-Canadian destinations) per night/per reservation.”

If meal vouchers are not available during a delay within the airline’s control, the carrier says it will reimburse meal expenses to a maximum of C$45 per day, per passenger.

According to APR’s claims, a cap on reimbursements for hotel accommodation and/or meals is contrary to Canadian law.

Prior to filing the lawsuit, Lukacs said he sent a demand letter to WestJet on July 26, 2024, requesting that the airline remove references to limits on compensation from its website.

“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 stated. 

According to Lukacs, WestJet did not respond to the letter.

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