A BC passenger who sought compensation from WestJet after a baggage delay didn’t exactly get what she wanted.
After WestJet temporarily lost the BC passenger’s baggage, she made some purchases at Walmart and lululemon, some of which the Civil Resolution Tribunal deemed excessive.
The passenger claimed $945.85 for the total amount that she spent on toiletries after WestJet had only offered to reimburse her for a portion of that amount. WestJet added that her ticket’s terms and conditions bound the passenger and WestJet’s domestic tariff, limiting her interim expenses to only necessary items.
So what did she buy?
On August 28, 2022, the passenger flew from Prince George to Ottawa, checking two bags. She arrived in Ottawa the next day, but her bags did not. After she reported the items missing, WestJet created a delayed bag report.
WestJet says the BC passenger’s baggage delay was approximately 27 hours from when she landed in Ottawa. But the passenger told the tribunal the bags weren’t delivered until August 31, which meant a 51-hour delay.
While heading to her accommodation in the Ottawa countryside, she stopped at Walmart to get items to replace the ones in her missing bags. She told the tribunal she only bought what was necessary. She also purchased some clothes online from lululemon. All in, she spent $945.85. WestJet said that was unreasonable. Prior to the dispute, WestJet had offered her $302.25, but she declined.
“First, I find she is not entitled to compensation for her lululemon purchases. I say this because while she ordered clothing online before her baggage was delivered to her, it did not arrive until September 1,” the tribunal decision states.
The tribunal also noted that lululemon has a 30-day return policy, so she could have returned the items to get her money back. Turning to her Walmart purchases, the tribunal acknowledged when she made the purchases, she had no idea when she’d get her bags back.
She spent $588.20 at Walmart, which the tribunal also said was excessive. The tribunal allowed $215.27 for two hoodies, two tops, two tanks, two bras, a pair of joggers, and a pair of shoes, as well as $100 for toiletries, for a total of $315.27.
The tribunal ordered WestJet to pay her $337.60, including tribunal fees and damages, within 14 days of the tribunal decision, which you can read in full here.