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
BREAKING 4th Indian national arrested, charged with murder of Hardeep Singh Nijjar
Homicide investigators in B.C. say murder charges have been laid against a fourth Indian national in connection to the killing of Sikh activist Hardeep Singh Nijjar outside a Surrey gurdwara last year.
Man arrested after allegedly caught trespassing at Drake's Bridle Path mansion
Toronto police say a man has been taken into custody after he was allegedly caught trespassing at Drake's mansion in Bridle Path Saturday afternoon.
Wildfire that forced evacuation of Fort Nelson, B.C., caused by tree falling on wires, mayor says
The wildfire that prompted the evacuation of more than 3,000 people near Fort Nelson, B.C., was caused by a tree falling on wires, according to the municipality's mayor.
Eurovision Song Contest final kicks off after protests, backstage chaos and a contestant's expulsion
The 68th Eurovision Song Contest finally got down to musical business Saturday in the Swedish city of Malmo after days of protests and offstage drama that have tipped the feelgood musical celebration into a chaotic pressure cooker overshadowed by the war in Gaza.
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
IN PICTURES Northern lights dance across the night sky in southern Ont.
From London, to Grand Bend, Collingwood and Guelph, here are some highlights of Friday night and Saturday morning's northern lights display.
Ron Ellis, who played over 1,000 games with Maple Leafs, dead at 79
Ron Ellis, who played over 1,000 games with the Toronto Maple Leafs and was a member of Canada's team at the 1972 Summit Series, has died at age 79.
opinion How to use your credit card as a powerful wealth-building tool
Irresponsibly using a credit card can land you in financial trouble, but personal finance columnist Christopher Liew says when used properly, it can be a powerful wealth-building tool that can help grow your credit profile and create new opportunities.