The plaintiff contended that WestJet imposed a fee for the first checked baggage in violation of a provision included in WestJet’s tariff during the relevant class period.
The Supreme Court of British Columbia has sanctioned the global class action settlement. Additionally, the court has ratified the distribution process and designated A.B. Data as the claims administrator.
WHAT IS THE CLASS ACTION ABOUT?
The plaintiff contended that WestJet imposed a fee for the first checked baggage in violation of a provision included in WestJet’s tariff during the relevant class period. The class action has reached a settlement, with WestJet denying any liability.
AM I IN THE SETTLEMENT CLASS?
Individuals worldwide who paid a fee for their first checked baggage on a WestJet flight booked directly with WestJet, with tickets issued on or after September 15, 2014, for travel between October 29, 2014, and July 29, 2017 for domestic flights within Canada, or tickets issued on or after November 3, 2015, for travel between January 6, 2016, and February 27, 2019, for international flights, and whose itineraries were booked under a tariff that included the provision for free baggage, are included in the settlement class.
IS IT POSSIBLE TO SUBMIT A CLAIM AT THIS TIME?
The claims period is established from November 11, 2024, to February 10, 2025.
WHAT STEPS SHOULD I FOLLOW TO SUBMIT CLAIM?
To take advantage of the settlement, it is necessary to file a claim. There are three (3) methods available for submitting a claim:
- If you have received an email notification from the Claims Administrator regarding this settlement, you may utilize the Unique ID and PIN provided in that email to submit a prepopulated claim.
- You can also file the claim form electronically, accompanied by proof of class membership.
- Alternatively, you may download a paper claim form and send it to the Claims Administrator along with your proof of class membership.
All claim forms should be directed to the WestJet Settlement Administrator, c/o A.B. Data, Ltd., P.O. Box 173103, Milwaukee, WI 53217.
WHAT CAN I RECEIVE FROM THE SETTLEMENT?
The settlement comprises WestJet Travel Bank credits totaling CAD 12,500,000, prior to the deduction of class counsel fees, administrative expenses, reasonable disbursements, and an honorarium for the plaintiff. WestJet will disburse cash for class counsel fees, which amount to one-third of the settlement, along with disbursements and the plaintiff’s honorarium of CAD 1,500.
After these deductions, the remaining funds will be allocated on a pro rata basis as credits to the WestJet Travel Bank accounts of class members who submit a claim, in accordance with the court-approved claims protocol. The claims period is set from November 11, 2024, to February 10, 2025. The protocol stipulates a different distribution formula for claims submitted before or after July 6, 2017, due to possible limitation periods.
The WestJet Travel Bank credits can be utilized for WestJet flights within a 24-month period, with no blackout dates. If not redeemed within this timeframe, the credits will expire. While the credits are non-transferable, they may be used to book flights for another individual.
The amount distributed on a pro rata basis will be contingent upon the number of eligible claims received, thus affecting the claims rate. Class counsel anticipates that the pro rata distribution for each class member will range from CAD 10 to CAD 20, based on an estimated claims rate of 5%. It is important to note that this is merely an estimate and not a definitive distribution amount.
WILL I AUTOMATICALLY RECEIVE THE WESTJET TRAVEL BANK CREDITS?
No, it is necessary for you to submit a claim form through one of the three methods outlined above. Please refer to “How can I make a claim” for further details.
