WestJet Ordered to Compensate Family $2K for Flight Diversion

A WestJet plane waits at a gate at Calgary International Airport in Calgary on Aug. 31, 2022. Jeff McIntosh/The Canadian Press

WestJet has been instructed by B.C.’s Civil Resolution Tribunal to issue a full refund to a family for their diverted flight, and to compensate them for any associated costs incurred.

The family of three was travelling from Hawaii to Vancouver in April 2023 when their aircraft was redirected to Victoria due to smoke from a volcano, the tribunal said in its Sept. 17 decision.

The complainants said WestJet agreed to refund their flight costs but then refused to honour the agreement. They also claimed WestJet had agreed to cover their expenses for hotel accommodations, travel, and meals incurred due to the flight alteration, yet only a portion of these costs was reimbursed.

The family said WestJet owed them an extra $430.80 for hotel, travel, and food expenses, in addition to a refund of $1,395.18 for their flights. Civil Resolutions Tribunal (CRT) member Peter Mennie ruled that WestJet was obligated to pay both amounts.

“WestJet’s employee offered to pay the applicants’ hotel, travel, and food costs after their flight was diverted,”  Mennie wrote in the decision. “The applicants accepted and relied on WestJet’s offer. So, I find that WestJet is bound by its employee’s statement and must reimburse the applicants’ costs.”

The airline must pay the family a total of $2,080.81 within 30 days of the decision date. The total included pre-judgment interest and CRT fees.

Flight Refund Disagreement

The family received an email from WestJet after landing in Victoria on the evening of April 13, 2023, the tribunal document said. The message gave them three choices: to take a noon flight from Victoria to Vancouver, to select another flight option, or to ask for a refund for the “flight-only itinerary.”

The family selected a refund and was sent a confirmation email from WestJet that the request was being processed.

“The applicants followed up multiple times with WestJet about the flight refund and received contradictory responses,” the decision document reads. “Eventually a WestJet employee told the applicants that their refund was not approved.”

WestJet said the family was entitled to $16.17 for their flights, because it was the “unused portion of the applicants’ tickets.” The airline said the three passengers had been ferried 98.84 percent of the way to their Vancouver destination and were only eligible for a refund for the “unused portion” of the tickets.

The family argued that the airline’s message offered a full refund, not partial compensation for the “unused portion” of their tickets.

“I agree with the applicants that the plain and ordinary meaning of a refund of the ‘flight-only itinerary’ is the full cost of the applicants’ flights,” Mennie wrote. “So, I find that WestJet’s email offered to refund the full cost of the applicants’ flights.”

Additional Expenses

An employee at the airport reportedly told the family that WestJet would reimburse them for the cost of their hotel, travel, and meals. The passengers paid $784.90 for accommodation, food, and taxis.

The airline reimbursed the applicants $354.10 for their expenses “as a gesture of goodwill,” but did not approve the full claim amount. WestJet said its policies do not require it to reimburse expenses if the delay is outside the company’s control.

Mennie, however, said employee promises need to be upheld. He said no mention was made to the family about policy limitations, which means WestJet is bound by its employee’s reimbursement pledge.

“WestJet must be clear in its statements to its passengers if it wants to limit its payments to the minimum standards set,” he wrote.

He said the applicant’s submitted expenses were reasonable and ordered a full refund.