VANCOUVER, BC, June 12, 2024 /CNW/ - This is a notice of a proposed settlement of a class action brought in the Supreme Court of British Columbia. The Court file number is VLC-S-S-197550.
The plaintiff alleges that WestJet charged a fee for the first checked baggage contrary to a provision that was included in WestJet's tariff during the class period. The allegation has not been proven in court, and WestJet has not admitted liability.
This class action includes individuals anywhere in the world that paid a fee for their first checked baggage for a WestJet flight booked directly with WestJet and for travel between October 29, 2014 to July 29, 2017 for Canada domestic flights or 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 Class Counsel's website: https://westjetbaggagefeeclassaction.hammerco.ca/notice/.
WHO REPRESENTS THE CLASS MEMBERS?
The Plaintiff and Class Members are represented by:
Email: [email protected]
Fax number: 604-269-8511
Kevin McLaren, Alexia S. Majidi Serena Cheong c/o Hammerco Lawyers LLP 400 – 2233 Columbia Street Vancouver, BC V5Y 0M6 |
Simon Lin Evolink Law 237 – 4388 Still Creek Drive Burnaby. BC V5C 6C6 |
Jérémie J. Martin & Sébastien A. Paquette Champlain Avocats 200 - 1434 rue Sainte-Catherine W. Montréal, QC H3G 1R4 |
WHEN IS THE APPROVAL HEARING?
The approval hearing will be held on October 11, 2024 at 10:00AM at the Vancouver Law Courts at 800 Smithe Street, Vancouver, BC.
An MS Teams link will be made available to class members to observe and/or participate remotely.
CAN I MAKE A CLAIM NOW?
No. A settlement must first be approved by the court.
The claim form will be made available after the court approves the settlement and further notice will be issued at that time.
WHAT ARE MY OPTIONS?
- If you want to participate in the settlement and receive the benefits, no action is required..
- If you do not want to participate in the settlement, you can opt-out by submitting the written election.
- If you wish to object to the terms of this proposed settlement, you can write to Class Counsel by September 27, 2024.
For further details, please see Class Counsel's website https://westjetbaggagefeeclassaction.hammerco.ca/notice/.
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 (up to $3,000).
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 filed a claim within the 90-day opt-out period, following the court-approved claims protocol. 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 guarantee distribution figure.
Claims will be administered by AB Data - www.AirlineBagFeeSettlement.com - after the Settlement Approval hearing scheduled for October 11, 2024, if the Court approves the settlement.
WILL I AUTOMATICALLY RECEIVE THE WESTJET TRAVEL BANK CREDITS?
NO, class members must submit a claim in accordance with the court-approved protocol to be eligible to a pro rata share of the settlement to be deposited to their WestJet Travel Bank accounts.
For further details, please see Class Counsel's website https://westjetbaggagefeeclassaction.hammerco.ca/notice/.
SOURCE Evolink Law Group
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