The BC Supreme Court Judge has ordered Westjet that there are restrictions on the amount that can be charged for the delay and cancellation of the flight delay and cancellation.
John Gib Carsley says that a statement from a passenger advocate organization, which says that the statement of refunds found on the airline’s website is deceived Ceptive, is a request from a passenger protection organization next year. Published a provisional instruction order in Westmin Star.
Westjet later changed the wording to delete the maximum cost of hotels and meals, but the judge said, “Prohibit the airline or the employee to pass on the same information to other passengers in other formats. It was judged that the order was still guaranteed to prohibit it.
Gábollekács leads an organization that has begun a lawsuit.
“I’m very happy that the court has agreed to our position,” Leukax told CBC News.
“Reasonable amount of food and drink”
Lukács groups appealed to Westjet last year in response to the guidelines on the web page sent to submit a reimbursement request for flight delays or cancellation.
In the original language, “West Jet refunds up to 150.00 CAD (CAD of $ 200.00 for non -Canadian destinations)).
The airline also argued that it would not refund the cost of roaming mobile phones, entertainment/sports/excursions, wage loss, or non -partner airlines or connections.
In a court document, the defenders point out the Montreal Treaty, an international treaty that manages the rights and obligations of airlines incorporated into the Canadian law.
“The Montreal Treaty does not provide any restrictions on specific self -pay expenses, such as $ 250 in accommodation, $ 50, and a roaming fee of $ 10.”
“The imposing such restrictions will be contrary to Article 26 of the Montreal Treaty.”
Under these rules, Lukax says passengers have the right to get a maximum of $ 12,000 qualifications for delays.
Within two weeks from submitting a lawsuit, Westjet has changed a language related to the refund of the website.
“The guests have the right to do food and drinks in a reasonable amount and may be eligible to receive access to communication means,” read a new wording.
“If you recover to the cancellation of flight, if you stay overnight, guests have the right to receive a hotel or equivalent accommodation within a reasonable distance from the airport and the transportation between the airport and the accommodation.”
The airline claims that changes will be sued
Westjet has denied deceived business practices.
In response to the lawsuit, the company claims that the lawsuit itself had already filed a lawsuit.
In a court application, the right to air passengers was stuck in Los Angeles for five days in Los Angeles in July 2024 and claimed $ 7,000 due to inconvenience. We provided an oath statement from passengers.
Instead, the woman was refunded $ 291.97 by e -mail quoted Westjet’s “Guidelines”.
In the debate, the airline states a policy to determine whether the amount of return to passengers is reasonable.
“West Jet claims that the west jet guidelines are deceived or misleading, or that they do not support that their application by the waist jet is unconscious,” Judge Gib Carsley. I wrote it in the suspension instruction.
“If the passenger is dissatisfied with the decision to refund the waist jet, the passenger has a relief measure to seek compensation through Canadian transportation or court.”
“I decided to apply this to the trial.”
The Aviation Passenger Group has called for both the declaration that Westjet is engaged in the deception and compensation of BC passengers dating back to the summer of 2022.
Gibb-Carsley has decided to issue a provisional injunction, but an airline’s right group, which would have forced the airline to provide a copy of a lawsuit, is seeking. I didn’t agree with the order.
Based on evidence he had seen, the judge said, “I am not satisfied with the fact that there is a strong possibility in the trial. [the advocacy group] Eventually, you will succeed in prove your claim. “
However, the judge emphasized that “the ultimate issue of the practice of waist jet about the refund of passengers, and the ultimate matter of whether the compassiveness and communication are unfair or deceived.”
Lukács said that the court’s procedure had just begun.
“We have decided to make this trial,” he said.
Westjet said in e -mail that the company did not comment on the case while in front of the court.
