WestJet credits for cancelled flights, dropped baggage and other concerns aren’t like pay as you go gift playing cards and can expire, states a modern ruling from the B.C. Court of Charm.
WestJet’s journey credits are not like present playing cards and can expire following a yr, B.C.’s Courtroom of Enchantment claimed April 27.
The Calgary-dependent airline problems WestJet travel financial institution credits (WTB) to consumers for items this kind of as cancelled flights, dropped luggage and customer dissatisfaction.
Having said that, the credits expire right after a person year, although some can be extended for a charge.
Vancouver’s Tiana Sharifi been given this sort of a credit history just after she bought and then voluntarily cancelled a flight. She employed aspect of the credit rating but the rest expired 1 year afterwards.
She subsequently brought a claim against WestJet, alleging the credits constituted prepaid buy cards or reward cards below a variety of provincial purchaser defense statutes and, as these, were being precluded from obtaining expiry dates and charging extra service fees.
Sharifi claimed WestJet is prohibited from charging fees to prolong the one particular-12 months expiry day.
The lawsuit was qualified as a B.C. Supreme Courtroom course motion in 2020.
Nonetheless, WestJet appealed the certification buy and claimed the choose erred in locating that the claim disclosed a acceptable lead to of action.
The airline argued the credits are not issued in exchange for the long term provide of products or products and services but alternatively as a refund or to compensate for inconvenience or as a advertising software.
In the scenario of credits employed in a refund perception, WestJet submitted these credits are properly “store credit” with no indicator that prepaid acquire card rules were being intended to utilize to these types of a device.
“Ms. Sharifi obtained a prepaid flight,” Justice Patrice Abrioux said. “She did not obtain a pay as you go obtain card, reward card, present certification or or else, for WTB credits.”
The appeal court docket agreed with the airline and dismissed Sharifi’s situation.
“The vacation credits in issue do not slide within just the definitions contained in the relevant purchaser security laws and as a result the pleadings do not disclose a affordable induce of action,” the ruling mentioned.
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