Court Rules Against WestJet Caps

A policy of setting caps on reimbursements set by WestJet for hotels and meals has been barred by the B.C. Supreme Court, indicating in its ruling statement that “passengers would suffer harm” from the policy.

Previously, WestJet limited the amount it would reimburse stranded passengers, up to $150 per night for accommodations ($200 if abroad) and $45 per day for food. Lost wages, missed event costs and roaming charges were excluded from reimbursements.

Now, the B.C.court has ruled WestJet may no longer advertise this as policy. According to the Canadian Press, WestJet removed the statement regarding caps from its website in August and has no intention of reposting it. “WestJet will consider reasonable requests for expenses incurred due to the subject flight disruption,” it stated in an affidavit.

The ruling is part of ongoing legal proceedings against the Calgary-based airline. In the summer, rulings will be made on whether WestJet has been considering each reimbursement request on its merits, or rather relying on set caps, despite having removed the policy statement from the website and if the communication regarding the policy was “deceptive.”. 

The Air Passenger Protection Regulations states that airlines must offer “food and drink in reasonable quantities” for disruptions of more than two hours and free “hotel or other comparable accommodation that is reasonable” if a traveller has to wait overnight after a trip disruption that was within the carrier’s control.

Expenses are expected to be reasonable, so passengers who splash out on a five-star hotel may have difficulty getting reimbursed. Passenger rights advocate Gabor Lukas told the Canadian Press that “reasonable” can be relative. “Just imagine a situation in Calgary when there’s the Stampede. Hotels are full. Then it may well be that the hotel room will cost you $1,500.”

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