WestJet flip-flops as Kamloops woman sues over 48-hour delay

A Kamloops woman who rented a car and drove home after WestJet stranded her at Calgary airport has been granted less than half the compensation she would have been owed if she'd accepted the airline's 48-hour delay. After getting home, WestJet then refused to pay her a penny for her troubles when she applied for compensation under Canada's Air Passenger Protection Regulations stating the delay was out of its control. However, WestJet changed its tune without explanation after she took it to the small claims court. The details are laid out in a July 16, BC Civil Resolution Tribunal decision, which highlights how the regulations put in place to protect Canadians are lacking if travellers use their own initiative to get to their destination. The case also shows how airlines flip-flop without reason in deciding whether they are responsible for delays or not. READ MORE: WestJet offer $400 for delay, but Kelowna man sues and wins https://infotel.ca/newsitem/westjet-offer-400-for-delay-but-kelowna-man-sues-and-wins/it104995 The decision said the unnamed woman and her young daughter travelled from Kamloops to Rome in April 2023. On their return trip, they got as far as Calgary but then their 11:25 p.m. flight to Kamloops was cancelled. WestJet rebooked the mom and daughter on another flight two days later, but having to get home for work and a medical appointment they rented a car and drove instead. When they got home they then submitted a claim through the Air Passenger Protection Regulations. The regulations stipulate if a delay is out of the airline's control passengers have to be compensated $1,000 for delays of more than nine hours. The mom asked for reimbursement of their car rental, gas, and meal expenses, plus the $1,000 for the nine-hour delay. However, WestJet denied responsibility stating: "the most significant reason for your flight disruption was due to crew availability and was required for safety purposes." READ MORE: Air Canada denies (another) claim, but Okanagan couple sue and win https://infotel.ca/newsitem/air-canada-denies-another-claim-but-okanagan-couple-sue-and-win/it99848 Clearly not satisfied, the woman then headed to the small claim court. "In this dispute, WestJet appears to concede that the delay was within its control and not required for safety purposes," the Tribunal said. WestJet did not explain why it had changed its tune but offered $400 compensation per passenger. However, the woman argued for $1,000 as the delay would have been more than nine hours if she hadn't driven. However, the Tribunal disagreed. "The (Air Passenger Protection Regulations) does not provide for reimbursement of self-booked travel where a passenger rejects the alternate travel arrangement," the Tribunal ruled. Instead, the Tribunal ruled WestJet to pay $800 compensation to the mom and her daughter. The woman also argued as the Calgary to Kamloops portion of the ticket wasn't used she would be refunded accordingly. However, WestJet only agreed on $111 for that part of her flight calculating the refund based on the Calgary-Kamloops distance being only 2.3% of the total trip distance. "I acknowledge that (the woman's) argument that this is not close to what WestJet charges for flights from Calgary to Kamloops, but the Air Passenger Protection Regulations does not specify how to calculate the unused portion of a ticket," the Tribunal ruled. Ultimately, the Tribunal ordered WestJet to pay $800 compensation, less than half what she would have been owed if she'd hung around at Calgary airport waiting for WestJet to put her on another flight. To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .