A Canadian Took WestJet To Court After Her Flight Credits Expired & Here's What Happened
She said that tens of thousands of Canadians could have been affected by the airline’s travel credit policy.
A West Jet plane.
A woman who took WestJet to court arguing that her unused travel credits with the airline shouldn't have expired has had her class action lawsuit dismissed.
Tiana Sharifi received $993.26 in WestJet travel credits after she booked flights but then voluntarily cancelled them. She later used $571.46 of the credits but after one year, her remaining credit of $421.80 expired.
Sharifi argued that the travel credits are the same as a gift card and that "consumer protection legislation applies" to them, which would stop WestJet from applying an expiry date to such credits.
The class action lawsuit was approved in December 2020.
However, WestJet appealed the decision, arguing that travel credits are issued as a refund and therefore can't be considered a gift card.
On April 27, a decision by the B.C. Court of Appeal ruled in WestJet's favour that "travel bank credits" don't have the same flexibility as gift cards and therefore WestJet was allowed to place an expiry date on the credits.
Justice Patrice Abrioux wrote in his decision, "In my view, the issue is not whether Ms. Sharifi prepaid her ticket to travel with WestJet: she clearly did. Rather, the question is whether, in consideration for her 'non refundable ticket,' she prepaid a fixed amount for (travel credits), which she had the right to use in the future. In my view, she clearly did not."
"Ms. Sharifi purchased a prepaid flight. She did not purchase a prepaid purchase card, gift card, gift certificate or otherwise," Abrioux added.
In conclusion, Abrioux said Sharifi's flight credits "do not fall within the definitions contained in the relevant consumer protection legislation" and Sharifi's case was dismissed.