Refund requests for COVID-19 travel cancellations dismissed by B.C. tribunal
Multiple travellers seeking refunds for trips cancelled because of the COVID-19 pandemic recently had their complaints dismissed by a B.C. tribunal.
The decisions, posted Friday by the province's Civil Resolution Tribunal, stemmed from complaints claiming refunds should have been received, but weren't.
In one complaint, two travellers from Prince George booked a week-long trip to the Sunshine Coast costing more than $6,000. The pair was scheduled to leave on May 30, and public health orders preventing travel between designated regions in the province were scheduled to lift on May 25.
However, those travel rules were extended through mid-June as B.C. rolled out its restart plan.
Travellers Warner Adam and Sandra Isaac argued they should be entitled to a full refund, but asked for $5,000, which is the tribunal's limit for small claims cases.
Holiday Homes Rental International, which rented out the property through VRBO, "said their cancellation policy clearly addressed the COVID-19 pandemic and said there were no refunds unless a specified exception applied." Those two exceptions were if the property was rebooked during the scheduled stay and if "a government order prevented travel from the Lower Mainland to the Sunshine Coast."
But the health orders in place at the time technically permitted trips between the Sunshine Coast and the Lower Mainland, because they were in the same designated travel area. As a result, the accommodation's exception didn't apply to restrictions prohibiting travel from Prince George to the Sunshine Coast, and tribunal member Shelley Lopez wrote in her decision Adam inquired about and knew the refund policy.
Adam, not knowing the travel restrictions would be extended, signed a contract with Holiday Homes Rental International, acknowledging the refund policy.
"While I accept the applicants could not travel from Prince George given the (public health order), that does not mean HHRI must provide a refund," Lopez wrote.
"Their contract and HHRI’s later offer expressly addressed the COVID-19 pandemic and the limited circumstances under which it would provide a refund."
Their complaint was dismissed.
AIR CANADA REFUND REQUEST DENIED
Another refund request that was recently dismissed by the CRT included return tickets for a flight from Vancouver to Auckland, New Zealand for March 2020. Simon Knight bought the tickets in January of that year, the tribunal heard.
On Feb. 12, Knight cancelled the trip because of the pandemic and ultimately received travel credit. However, Air Canada's COVID-19 refund policy changed on June 10, so he requested a full refund instead.
According to tribunal member Eric Regehr's decision, Air Canada "confirmed in an email the same day that he was entitled to the refund, which would be 'credited to the original form of payment.'"
The problem, Knight claimed, is that Air Canada issued the refund to an expired credit card and he never received the money. As a result, he requested just over $2,800 for the cost of the flight.
"Mr. Knight's primary argument is that he has no way to obtain the refund from his old credit card provider because at the end of every calendar year he shreds 'anything not needed,' including all credit card statements," Regehr wrote in his decision.
"He says he does not know the full card number, has no statements, and has no way of even finding out the credit card provider’s telephone number."
Regehr determined, however, that Air Canada "undisputedly refunded the money to an account to Mr. Knight's credit" and dismissed his claim.
"I am not persuaded that the refund is lost to Mr. Knight simply because he cancelled the credit card. I find it more likely than not that Mr. Knight either remembers or has some way of finding out what institution issued the (credit card)," Regehr wrote.
"I find it would be relatively easy for Mr. Knight to obtain copies of his records (including statements) and determine how to access the refunded funds … I find that with reasonable diligence, he could obtain those records."
CTVNews.ca Top Stories
LIVE B.C. seeks ban on using drugs in 'all public spaces,' shifting approach to decriminalization
The B.C. government is moving to have drug use banned in 'all public spaces,' marking a major shift in the province's approach to decriminalization.
Air traveller complaints to Canadian Transportation Agency hit new high
The Canadian Transportation Agency has hit a record high of more than 71,000 complaints in a backlog. The quasi-judicial regulator and tribunal tasked with settling disputes between customers and the airlines says the backlog is growing because the number of incoming complaints keeps increasing.
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
AFN chief says Air Canada offered a 15% discount after her headdress was mishandled
After the Assembly of First Nations' national chief complained to Air Canada about how staffers treated her and her ceremonial headdress on a flight this week, she says the airline responded by offering a 15 per cent discount on her next flight.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
U.S. flight attendant indicted in attempt to record teen girl in airplane bathroom
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.
76ers All-Star centre Joel Embiid says he has Bell's palsy
Philadelphia 76ers All-Star centre Joel Embiid has been diagnosed with Bell’s palsy, a form of facial paralysis he says has affected him since before the play-in tournament.
DEVELOPING Bird flu outbreaks: WHO weighs in on public health risk
The current overall public health risk posed by the H5N1 bird flu virus is low, the World Health Organization said on Friday, but urged countries to stay alert for cases of animal-to-human transmission.
Island near Mull of Kintyre for sale for US$3.1 million
An idyllic 453-acre private island is up for sale off the west coast of Scotland and it comes with sandy beaches, puffins galore, seven houses, a pub, a helipad and a flock of black-faced sheep.