WestJet travellers could get part of a $12.5 million settlement in Canada

WestJet customers could be eligible to get part of a $12.5 million settlement in Canada.

The settlement comes after travellers alleged WestJet charged a fee for the first checked baggage contrary to a provision included in the airlines’ tariff during the class period, according to a notice of settlement approval from Hammerco Lawyers.

The allegation has not been proven in court, and WestJet has not admitted liability.

The Supreme Court of British Columbia approved the settlement on Oct. 11.

The settlement includes WestJet customers anywhere in the world who paid a fee for their first checked baggage for a flight booked directly with WestJet. People must have travelled between Oct. 29, 2014 to July 29, 2017 for Canada domestic flights or between Jan. 6, 2016 to Feb. 27, 2019 for international flights.

A free baggage fee stipulation must have been included in the reservation.

Claimants can get a portion of the settlement after attorneys’ fees, administrative costs, reasonable disbursements and plaintiff’s fees are deducted from the $12.5 million.

After deductions, the remaining amount will be allocated to WestJet Travel Bank accounts of class members who filed a claim within the 90-day opt-out period, following the court-approved claims protocol.

Class members must submit a claim with the court-approved protocol to be eligible for a share of the settlement.

The estimated distribution per class member is $10 to $20, assuming an estimated claims rate of five per cent. This is only an estimate and not a guaranteed amount.

Credits will expire after 24 months. WestJet Travel Bank credits are not transferable, but can be used to book another guest.

Those who paid the fee for their first checked bag multiple times during the class period may not submit a claim for more than three first checked bags.

Approved claims will not exceed $45 for those who travelled on or after July 6, 2017, and $18 for those who travelled before July 5, 2017. These are maximum amounts, and not the pro rata amount that each member would receive. The pro rata amount would depend on the number of claims.

If there are funds remaining after distribution, the remaining amounts will be distributed to non-profit organizations approved by the court.

For more information see the settlement notice here. 

Lead photo: Airborne YVR