In response to a Quebec ruling accepting a settlement in a consumer class-action lawsuit where it was alleged that Sunwing breached consumer protection law in advertising, by serving sparkling wine instead of champagne, ACTA is fighting for agents to be a part of the re-booking process.
This lawsuit was before the courts for several years. Late last year, there was an agreed-upon settlement that would negatively impact travel agencies and independent travel agents because it required consumers to book direct with Sunwing with a discount code, bypassing travel agents.
The approved settlement gives all consumers residing in Quebec who purchased travel with Sunwing between Feb. 10, 2014 and April 30, 2017 --- approximately 1.45M consumers, access to a 7% discount code (valid on discounted travel and with no blackouts), with unlimited use for up to five travellers, for any Sunwing trip leaving any airport in Quebec or Ottawa.
ACTA, as well as other industry stakeholders, have engaged in extensive advocacy, meeting with Sunwing senior leadership calling for a settlement that does not exclude travel agents in the booking process.
"Many of the original bookings would have been travel agent clients and notably, consumers do not need to furnish proof of having purchased earlier travel with Sunwing," said Wendy Paradis. "So, the potential here could be huge in terms of how many people might try to use this code to book over the next three years, as per the terms of the settlement."
The discount is not available to all consumers, it is specific to class members only. A website will be set up for class members, who will be required to register on the website and Sunwing will then verify if the registrant is a class member.Once verified, Sunwing will email the class member a user account and password to access the website.
"Currently, the discount specifically excludes travel agencies and independent travel agents because the code is only valid on the consumer website," said Paradis.
ACTA will continue to advocate to Sunwing leadership and calls for Sunwing to respect its trade partners and allow travel agents to make bookings for their clients--- and to pay commission on bookings using the discount code.
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