VANCOUVER, BC, Nov. 15, 2024 /CNW/ - On October 11, 2024, the Supreme Court of British Columbia has approved the worldwide class action settlement. The court also approved the distribution process and appointed A.B. Data as the claims administrator.
WHAT IS THE CLASS ACTION ABOUT?
The plaintiff alleged that WestJet charged a fee for the first checked baggage contrary to a provision that was included in WestJet's tariff during the applicable class period (detailed below). The class action has settled with WestJet not admitting liability.
AM I IN THE SETTLEMENT CLASS?
Individuals anywhere in the world that paid a fee for their first checked baggage for a WestJet flight booked directly with WestJet with tickets issued on or after September 15, 2014, and for travel between October 29, 2014 to July 29, 2017 for Canada domestic flights or tickets issued on or after November 3, 2015 for travel between January 6, 2016 to February 27, 2019 for international flights, and whose itineraries were booked pursuant to a tariff that included the free baggage fee stipulation. For details of the class definition, please see the settlement agreement found here: http://www.airlinebagfeesettlement.com/.
CAN I MAKE A CLAIM NOW?
The claims period is from November 11, 2024 – February 10, 2025.
HOW CAN I MAKE A CLAIM?
In order to benefit from the settlement, you must make a claim. There are three (3) ways to make a claim:
- If you received an email notice from the Claims Administrator notifying you of this settlement, you can use the Unique ID and PIN in that email to submit a prepopulated claim.
- You can submit the claim form electronically HERE, along with proof of class membership.
- You may also submit a paper claim form available for download HERE, and submit it to the claims administrator with your proof of class membership. The claim forms are to be submitted to WestJet Settlement Administrator, c/o A.B. Data, Ltd., P.O. Box 173103, Milwaukee, WI 53217.
We strongly encourage class members to use the pre-populated claim form in (1) above to submit their claims. Class members are asked not to submit multiple claims through multiple channels, as it may cause delay to your claim.
WHAT CAN I RECEIVE FROM THE SETTLEMENT?
The settlement is for WestJet Travel Bank credits valued at $12,500,000CAD, before deduction of class counsel fees, administration costs, reasonable disbursement and an honorarium for the plaintiff. WestJet will pay in the form of cash class counsel fees (one-third of the settlement), disbursements, and the plaintiff's honorarium ($1,500).
The remaining amount after deductions will be distributed pro rata in the form of a credit to the WestJet Travel Bank accounts of class members that submit a claim, following the court-approved claims protocol. The claims period is from November 11, 2024 – February 10, 2025. The protocol provides for a different distribution formula for those that are before or after July 6, 2017, due to potential limitation periods.
The WestJet Travel Bank credits may be redeemed towards WestJet flights within 24-months without any blackout periods. The credits will expire after the 24-months if they are not redeemed in time. The WestJet Travel Bank credits are non-transferable but can be used to book for another guest.
The pro rata amount to be distributed will depend on the number of eligible claims submitted, and consequently the claims rate. Class counsel estimates that the pro rata distribution per class member will be $10-20, assuming an estimated claims rate of 5%. This is only an estimate and not a guaranteed distribution figure.
WILL I AUTOMATICALLY RECEIVE THE WESTJET TRAVEL BANK CREDITS?
NO, you must submit a claim form in one of the three ways described above. See "How can I make a claim".
QUESTIONS?
Questions regarding issues with completing and submitting claim forms can be directed to: [email protected], 1-877-777-9588, or visiting http://www.airlinebagfeesettlement.com/.
SOURCE Evolink Law Group
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