In a significant legal resolution, WestJet Airlines has agreed to a $12.5 million settlement in response to a class action lawsuit involving baggage fees charged for the first checked bag. The Supreme Court of British Columbia approved this settlement, addressing allegations that WestJet violated its own tariff policies. This decision not only compensates affected customers but also emphasizes transparency in the airline industry’s fee disclosures.
Background of the Lawsuit
The lawsuit originated from complaints by travelers who were charged unexpected baggage fees between 2014 and 2019. Many alleged that these charges contradicted WestJet’s advertised tariff policies, leading to financial burdens on customers. The lawsuit aimed to hold the airline accountable and ensure adherence to its published policies.
What Is the WestJet Baggage Fee Settlement?
In June 2024, Evolink Law Group proposed a settlement for the class action lawsuit, which was officially approved by the Supreme Court of British Columbia in October 2024. While WestJet denied any liability, the airline agreed to the settlement to resolve claims that certain baggage fees were inconsistent with its tariff policies.
The settlement provides monetary relief to travelers who were charged for their first checked bag under conditions contrary to the airline’s policies. After deducting class counsel fees, administrative costs, and other expenses, the remaining funds will be distributed to eligible claimants.
Eligibility Criteria for Claims
The settlement applies to travelers who booked flights directly with WestJet and were charged fees for their first checked bag during specific periods.
Eligibility Details:
- Canadian Domestic Flights:
- Travelers charged for their first checked bag between October 29, 2014, and July 29, 2017.
- International Flights:
- Passengers charged for their first checked bag between January 6, 2016, and February 27, 2019.
- Policy Misrepresentation:
- Travelers who booked flights during the above periods under a policy that advertised the first checked bag as free.
How Much Compensation Can You Expect?
The $12.5 million settlement fund will be distributed among eligible class members after deducting expenses. Below is a breakdown of these deductions:
| Expense Category | Amount Deducted |
|---|---|
| Class Counsel Fees | One-third of the settlement fund |
| Plaintiff Honorarium | $1,500 |
| Administrative Costs & Disbursements | Reasonable approved costs |
The remaining funds will be distributed on a pro-rata basis. Based on an estimated claims rate of 5%, each eligible claimant may receive compensation ranging from $10 to $20.
Conditions and Limitations
- Compensation Format:
- Payments will be issued as WestJet Travel Bank credits valid for 24 months, which can be used for flight bookings without blackout periods.
- Maximum Compensation:
- Claims for flights on or after July 6, 2017, may receive up to $45 per approved claim.
- Claims for flights before July 5, 2017, are capped at $18 per claim.
- Credit Expiry:
- Travel Bank credits will expire after 24 months and cannot be transferred, though they may be used for booking flights for other passengers.
Filing a Claim: Steps and Instructions
The claims process opened on November 11, 2024, and will close on February 10, 2025. Eligible claimants can file using one of the following methods:
1. Email Notice
- If you received an email from the Claims Administrator, use the provided Unique ID and PIN to submit a pre-filled claim form.
2. Online Claim Form
- Access the claim form on the official settlement website and upload proof of eligibility.
3. Paper Claim Form
- Download the form from the website, complete it, and mail it to:
- WestJet Settlement Administrator
c/o A.B. Data, Ltd., P.O. Box 173103, Milwaukee, WI 53217
- WestJet Settlement Administrator
Eligible claimants can submit claims for up to three checked bags, ensuring equitable distribution of settlement funds.
Key Dates and Contact Information
| Details | Information |
|---|---|
| Claims Period Start Date | November 11, 2024 |
| Claims Period End Date | February 10, 2025 |
| Claims Administrator | A.B. Data, Ltd. |
| Mailing Address | P.O. Box 173103, Milwaukee, WI 53217 |
For discrepancies, refer to the official settlement agreement for complete details.
FAQs
What is the WestJet Baggage Fee Settlement?
The settlement addresses claims from travelers charged baggage fees contrary to WestJet’s tariff policies, offering compensation to eligible class members.
Who qualifies for the settlement?
Travelers who booked domestic or international flights with WestJet during the specified periods and were charged for their first checked bag may qualify.
How much compensation will I receive?
Eligible claimants may receive between $10 and $20 in Travel Bank credits, depending on the number of claims submitted.
