WestJet ordered to reimburse B.C. passenger for hotel, despite claim bill was 'excessive'
WestJet failed to convince a B.C. tribunal that a woman whose flight was delayed for three days spent an "excessive" amount on a hotel room, and the airline has been ordered to pay her full bill.
The Civil Resolution Tribunal published its ruling on the dispute Wednesday – finding the airline's argument that the woman could have found a cheaper place to stay was not supported by evidence.
Laura Prinz had to find a place to stay after her flight from Vancouver to Terrace was cancelled in 2022. She ended up paying $937.18 for three nights at an unnamed downtown hotel.
WestJet acknowledged that it was, under the Air Passenger Protection Regulations, obliged to reimburse Prinz for her accommodations. However, the airline also argued Prinz "could have stayed in a less expensive hotel but elected not to," according to the decision.
The tribunal rejected this argument because the airline did not prove there were, in fact, cheaper accommodations available in Vancouver at the time.
The airline also argued the amount it was required to pay should be capped at $750, citing an email sent to Prinz and others on her flights that said compensation for hotels would be capped at $250 per night.
That limit, the tribunal said, was "arbitrary" and inconsistent with the APPR. The legislation, the decision noted, "requires a carrier to offer 'reasonable' accommodation, free of charge, if the passenger is required to wait overnight due to a flight delay." A $250 limit is not specified anywhere in the regulations, the tribunal added.
"I find Mrs. Prinz’s accommodation expenses were reasonable and not excessive," the decision concluded, ordering the airline to reimburse the full amount.
While Prinz was successful in challenging the airline's refusal to pay her entire hotel bill, her other claims were dismissed. The approximately $450 she spent on clothes, toiletries and at an airport lounge were not, the tribunal found, expenses the APPR reimburses in cases where flights are delayed.
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