A Canadian advocacy group has filed a lawsuit against WestJet, claiming that the airline shares “misleading” information to air passengers on its website.
The Air Passenger Rights (APR) group filed the notice of civil claim to the Supreme Court of British Columbia on Tuesday.
It claims that “guidelines” on the WestJet request for reimbursement page can “mislead passengers” about their legal rights when it comes to flight delays or cancellations.
“The lawsuit is groundbreaking in that it is NOT a class action, but rather we are suing in the public interest on the basis of a provision of the BC Business Practices and Consumer Protection Act that specifically permits public interest lawsuits of this nature,” APR President Gabor Lukacs shared in an email statement to Daily Hive.
In an email response to Daily Hive, WestJet declined to comment while the lawsuit is before the courts.
The carrier’s request for reimbursement page details compensation caps on hotel costs and meals.
“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,” the site reads.
And if meal vouchers aren’t 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 guest.
WestJet
The APR lawsuit claims that the cap on reimbursements for hotel accommodations and/or meals is “contrary to federal laws and the terms of their own tariff.”
In addition, the lawsuit alleges that the “guidelines” misinform passengers that they have “no right to reimbursement of roaming charges, missed prepaid events, and/or lost wages in the event of delays.”
“WestJet’s ‘guideline’ is contrary to the Montreal Convention, an international treaty governing the rights and obligations of carriers and incorporated into Canadian law under the Carriage by Air Act,” reads the lawsuit.
Lukacs says the APR is asking the court to do the following:
- Order WestJet to remove the guidelines from its website
- Enjoin the airline from applying the guidelines in response to passenger requests for reimbursements
- Order the carrier to pay passengers money that it was supposed to pay but it failed to pay
- Order WestJet to advertise, at its own cost, the court’s judgment to the public
This isn’t the first time the APR has taken big steps to stand up for Canadian passengers.
Last month, the advocacy group took shots at the Canadian Transportation Agency (CTA), claiming that the airline regulator “pressured” a passenger to keep quiet about a complaint decision.