WestJet, a Canadian airline that serves over 100 destinations around the world, has potentially found itself in some more hot water. This time, the problem is related to providing compensation to passengers for flight cancellations (or rather, a lack of). Amid this latest concern, WestJet’s flight attendants are inching closer to a lockout, and in late April, the airline increased its checked baggage fees.
Now, an investigation into the Calgary-based carrier has found that the airline is using a “tricky” tactic to deny passengers compensation for canceled flights. It’s a strategy that a passenger advocate is labeling as deliberate and “fraud.” So, what exactly is WestJet doing, and how are passengers being affected by this?
Investigation Suggests WestJet Is Avoiding Paying Passenger Compensation
A May 11 investigation by CBC’s Go Public has raised questions about the reasoning WestJet has given passengers for why it can’t compensate them for certain flight cancellations. The outlet called the strategy a “tricky” maneuver.
Firstly, it’s important to understand something about Canada’s flight compensation policy. Delays of more than nine hours can mean compensation of $1,000 per passenger, if the delay is within the airline’s control and not a safety issue, under Canada’s Air Passenger Protection Regulations (APPR).
Go Public is the investigative division of the Canadian Broadcasting Corporation (CBC) that investigates wrongdoing and scams affecting Canadians.
So, what’s an example? WestJet sent an email to Brad Vanderwilk and his girlfriend during their March vacation to Mexico. It notified the couple that their flight the next day from Los Cabos to Edmonton has been canceled.
“We stopped eating because we’re like, ‘How are we gonna get home?'” Vanderwilk told CBC. “We’ve got our kids at home. We both have to work. We went into a bit of a tizzy.”
The couple was given a new flight route through Victoria, where they would be forced to stay overnight and arrive home 16 hours late — instead of a direct flight back. Vanderwilk attempted to get compensation, but the carrier denied the claim, citing “unscheduled maintenance required for safety.”
CBC looked into flight records and found discrepancies with that explanation.
Breakdown Of WestJet Flight Data That Paints A Different Story
For Vanderwilk’s route, WestJet changed the aircraft to a different plane that had already been grounded for two days, according to flight data. Then, the airline canceled the flight. Meanwhile, the original aircraft was then reassigned to another route that same day.
“I feel lied to and cheated,” said Vanderwilk. “They’re just trying to do what they can to not pay anybody anything.”
Vanderwilk’s case isn’t the only example of WestJet being accused of this practice. Dozens of passengers told CBC they experienced nearly identical situations.
A whopping 34 cases were found in which passengers were denied compensation after their flights were changed, sometimes within minutes of the cancellation, according to the Canadian news outlet. And in all of these cases, WestJet blamed maintenance tied to safety.
Other passengers expressed their frustration with WestJet’s purported strategy of avoiding compensation.
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“I just feel completely blindsided,” Viren Harjani said after his Toronto-to–Montego Bay flight was canceled last December. |
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“They’re lying to our face,” Simon Turcotte-Langevin said after missing two days of vacation because of a canceled Montreal-to–Puerto Plata flight. |
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“It’s unethical,” Lucy Pascal said about her Calgary-to–Puerto Vallarta flight being canceled. “That pisses me off.” |
Vanderwilk and several other passengers say they pushed back on WestJet’s explanation and asked the airline for more specifics — including what maintenance issue allegedly caused the cancellation and when the problem was first discovered. According to the passengers, the airline refused to answer those questions.
In addition to these upset travelers, one advocate has even labeled the practice “fraud.”
Advocate Labels WestJet’s Strategy As “Fraud”
Gábor Lukács, the founder of Air Passengers Rights, says the data suggests the airline is purposefully using this strategy to avoid paying passengers compensation.
“There’s a pattern of a good aircraft being swapped with a bad one and then passengers are being told, ‘Sorry, the aircraft broke down,'” said Gábor Lukács. “It is called fraud. There’s no other way to describe it.”
He went on to explain exactly why he believes WestJet is engaging in fraudulent activity. “It is swapping and then pretending that it was a maintenance and safety-related cancellation. That is what is fraudulent,” he said.
He also pointed out that Canada’s airline regulator, the Canadian Transportation Agency (CTA), previously ruled against WestJet in a similar 2022 case tied to an aircraft swap — though he says the airline still appears to be using the same practice.
“It keeps happening again and again,” said Lukács. “There are no consequences.”
And how much WestJet is saving using this tactic is no small figure, according to Lukács’ calculations. He found that, on the low end, the airline saves $75,000 per flight, but it can reach $200,000 when delays exceed 9 hours. He hopes that the Canadian Transportation Authority (CTA) fines “the airline $25,000 per passenger for each lie that they have said.”
CTA is actively investigating aircraft swaps; however, it is unclear if these new cases have raised further concern. In the meantime, Vanderwilk said he will be taking the airline to small claims court.
As WestJet faces mounting scrutiny and a looming flight attendant strike, passengers should be mindful when booking — and be prepared if a cancellation occurs.
