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
Two killed after collision with truck on Hwy. 417 near Limoges, Ont.
Ontario Provincial Police say two people were killed after a car and a transport truck collided in the westbound lanes of Highway 417 near Limoges, Ont. on Tuesday afternoon.
Hulk Hogan, hurricanes and a blockbuster recording: A week in review of the Trump hush money trial
Crucial witnesses took the stand in the second week of testimony in Donald Trump's hush money trial, including a California lawyer who negotiated deals at the center of the case and a longtime adviser to the former president.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
What a U.S. farmworker’s case of bird flu tells us about tracking the infection
A U.S. farmworker who caught bird flu after working with dairy cattle in Texas appears to be the first known case of mammal-to-human transmission of the virus, a new study shows.
A Chinese driver is praised for helping reduce casualties in a highway collapse that killed 48
A Chinese truck driver was praised in local media Saturday for parking his vehicle across a highway and preventing more cars from tumbling down a slope after a section of the road in the country's mountainous south collapsed and killed at least 48 people.
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
‘We made them safer and more fun’: Here’s what’s new about e-scooters
Electric scooters (e-scooters) have been gaining popularity in the capital and this season comes with some changes and updates.
Canadian Auger-Aliassime reaches first Masters final in Madrid with another walkover
Montreal's Felix Auger-Aliassime has advanced to his first ATP Masters final, and he hasn't had to play all that much tennis to do it.