WestJet Vacation Packages Class Action

WestJet Vacation Packages Class Action

WestJet Vacation Packages Class Action

WestJet Vacation Packages Class Action

 

On September 18, 2024, a proposed class action was filed in the Supreme Court of British Columbia alleging that WestJet Vacations is selling to vacation packages to B.C. consumers without a license, and WestJet Vacations has withheld refunds of cancelled vacation packages from Canadian consumers, including B.C. consumers.

The proposed class members are: all individuals that purchased, received, or acquired a WestJet Vacations package (consisting at least a WestJet flight and a hotel/resort booking) for travel on or after September 18, 2022 and:

(a) reside in British Columbia; or

(b) reside in Canada, including British Columbia, and was issued a travel credit for their vacation package when the WestJet flight was cancelled or when the vacation was cancelled by WestJet Vacations.

Our dedicated e-mail to contact the us for any questions not already answered on this web page westjetvacations@evolinklaw.com. Considering the volume of emails and inquiries, we may not be able to answer inquiries about individual situations and questions that are answered in our Frequently Asked Questions.

If the action is certified by the Supreme Court of British Columbia to proceed as a class action, you will be automatically included as a class member. To receive updates on the progress of this lawsuit, please subscribe to our Mailing List below. Joining the mailing list does not create any financial obligation.

Please join our mailing list here.

Please safely keep copies of your itinerary, receipt and correspondences you had with WestJet Vacations.

Am I part of this class action?

The proposed class members are all individuals that purchased, received, or acquired a WestJet Vacations package (consisting at least a WestJet flight and a hotel/resort booking) for travel on or after September 18, 2022 and:

(a) reside in British Columbia; or

(b) reside in Canada, including British Columbia, and was issued a travel credit for their vacation package when the WestJet flight was cancelled or when the vacation was cancelled by WestJet Vacations.

The scope of the class is subject to approval by the Supreme Court of British Columbia.

At this time, there is no action required to be part of this class action. A certification application will be made to the Court in short order.

 

Do I need to take any action to be part of this case now?

 You do not need to contact us to sign up for this class action because we will be asking the Court to certify this action on an “opt-out” basis. If and when the Court certifies the class action, you will receive a notification on what you need to do if you want to be excluded.

Please safely keep copies of your itinerary, receipts, and correspondences you had with WestJet Vacations.

This information may be necessary after the certification of this class action. Please do not send us those materials at this time.

 

Can I still commence an individual action (e.g. Small Claims case)?

This class action does not preclude you from pursing the matter individually in court. However, as part of the class action procedure, the Court may stay or suspend any individual actions or similar actions that are pending in order to conserve judicial resources and avoid both a multiplicity of proceedings and contradictory outcomes.

Putative class counsel cannot advise you in an individual action. Please consult your lawyer if you plan to proceed individually.

 

Will class members be liable for the defendants' legal fees if this class action does not succeed?

Class members are not liable for the defendant's legal fees if this class action is not certified or if we do not succeed at the common trial.

 

When will I hear further information about this class action?

We will notify those that have signed up to our Mailing List on the next steps and when they expect a notice from the Court.

 

What are we asking for in this class action against WestJet Vacations?

The proposed class action seeks damages, return of monies paid for unused vacation packages, restitution, and/or accounting of profits.

The proposed class action also seeks punitive damages and pre-judgment interest.