B.C.’s Civil Resolution Tribunal has ordered WestJet Airlines to reimburse a family $1,826 after their flight from Hawaii to Vancouver was diverted to Victoria due to volcano smoke issues.
RA, SB, and MB (their names are anonymized to protect a child’s identity) purchased WestJet tickets for a flight from Hawaii to Vancouver.
Instead, they landed in Victoria late in the evening on April 13, 2023, tribunal member Peter Mennie said in his .
The family said WestJet agreed to pay for their hotel, travel and food costs caused by the flight change.
They said WestJet only reimbursed part of their costs and that the company agreed to refund their flights, but now refuses to pay.
WestJet said reimbursement for hotel, travel and food costs is limited by its policies.
“It says that it is only required to refund the unused portion of the applicants’ tickets which it calculates at $16.17,” Mennie said.
Mennie said the points at issue were whether WestJet owed the family $430.80 for their hotel, travel, and food costs and $1,395.18 as a refund for their flights.
The family 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.
Then, they said, a second WestJet employee arrived and told them there were no hotel rooms so they should book their own accommodation.
“The second WestJet employee told the applicants that WestJet would reimburse their hotel, travel, and food expenses,” Mennie said. “The applicants found a hotel and paid $784.90 for their room, meals, and taxis.”
Then, WestJet emailed the family later that night about alternate travel arrangements to Vancouver.
“WestJet’s email offered the applicants three choices: take a flight at 12 p.m. from Victoria to Vancouver, choose a different flight, or request a refund for the flight-only itinerary booked with WestJet,” Minnie said.
The family chose the third option and requested a refund.
“WestJet sent the applicants an email confirming that the refund request was being processed,” Mennie said
WestJet reimbursed the applicants $354.10 for their hotel, travel, and food costs, but denied the full amount because its policies limit the amount of reimbursement.
The family said they followed up multiple times with WestJet about the flight refund and received contradictory responses.
“Eventually a WestJet employee told the applicants that their refund was not approved,” Mennie said.
The decision
As far as the unused portion of the tickets went, Mennie said, “I find that WestJet’s email offered to refund the full cost of the applicants’ flights.”
Mennie said the airline offered several options and the family chose a refund.
“In doing so, the [family] gave up their right to a second flight,” Minnie said. “This was a detriment to the applicants and a benefit to WestJet which no longer had to fly the applicants to Vancouver. I find that this was good consideration which makes WestJet’s refund offer enforceable.”
He ordered WestJet to pay the applicants $1,395.18 for the flights.
For hotel, food and travel costs, Mennie ordered WestJet to pay a further $430.80.
