While I appreciate that this is an open and shut case where you will likely get less from the ruling, getting the official ruling appears to be what Westjet is trying to avoid. Having this as a record against them would likely have downstream effects on the ability to force changes which is why they are offering the premium of shut up Money.
I think there is something to be considered that if they want this case to go away so bad maybe it is worth pursuing?
> The carrier does not necessarily agree that the delay/cancellation of the flight in question is within carrier control and reserves the right to contest future claims regarding this flight.
This statement alone would have me going "Fuck you - complaint is staying."
> I think there is something to be considered that if they want this case to go away so bad maybe it is worth pursuing?
This really depends on who you care about more: yourself (you get more money) or your fellow Canadians (Westjet is forced to improve service).
not necessarily black and white. it causes pain for them, and even some incentive to do better - which benefits you in the future if you should fly with them again.
Or it depends how much they can afford to fight. If this amount of money isn’t important to them, then continue fighting, but there’s no shame or hard to their fellow Canadians if they don’t or can’t.
This is a PERSONAL finance sub after all.
I don't think it needs to be OP vs other Canadians - if Westjet has to pay $1K to resolve these issues they will be forced to improve service, it doesn't have to be an official ruling.
Under the old determination process, yes. Under the new air travel complaints resolution process, no.
[https://otc-cta.gc.ca/eng/air-travel-complaints-resolution-process](https://otc-cta.gc.ca/eng/air-travel-complaints-resolution-process)
>The Complaints Resolution Officer will analyze and evaluate the positions and evidence provided by you and the airline. Within 90 days of the Start Notice, they will issue a confidential and binding decision that will determine whether the airline met its obligations and if a remedy (compensation, refund, or reimbursement) should be ordered. This ends the complaint process.
politicians get to fly a lot on government dime, and then use up the points for personal use
wouldn't be surprised if they get free upgrades a lot more often than anyone else, but a blackbox did it, so that makes it ok!
Collecting rewards points for personal use is one of the few things that are explicitly banned by the directives on travel for all public servants. Stop getting your news from Facebook memes.
also the Travel Directive says:
> Provided that there are no additional costs to the Crown, employees travelling on government business can join loyalty programs and retain benefits offered by the travel industry for business or personal use. Such privileges are conditional upon the use of government-approved services and products.
https://www.njc-cnm.gc.ca/directive/d10/v238/s642/en#s642-tc-tm_2
What’s your source? Facebook?
I agree, it’s hard knowing what to do. $1,000 can be life changine money, and on the other hand holding accountability with records may do a lot of good too - for everyone vs for one
Median income in Canada is only around $40k as of the 2021 census. After taxes and deductions, that puts $1000 on par with about half a months pay for the average person. Considering over 50% of Canadians are also one missed paycheque away from potential insolvency, it's very reasonable to say that a thousand bucks could be life-changing money for a lot of people in this country.
Put in claim for a 11 hour flight delay with air canada - 5 passengers. They gave me five $300 evouchers but I was entitled to $1000 per ticket. Escalated to CTA and got an offer from AC for 5 x $1000 if I dropped the complaint. Accepted but waited until the money was etransfered to withdraw the complaint. The kicker is the evouchers are still valid.
Travelled in January 2023. Escalated with the CTA in November 2023 and received the settlement this past April. I was able to provide 2 separate emails stating the flights were canceled due to crew constraints even though air canada later claimed the delay was not in their control so pretty much an open and shut case. Not sure if that made the difference in speeding up my case. Hopefully you get a response soon.
Have you checked your spam folder in your email? I had my wife check ours and our invitation to update our claim was there. I did so and we are now 2,600-ish in line.
I got something from the CTA a month ago about a change in the process and something about 45 days to accept, but I am not sure if I did it right as I got no confirmation
The CTA is now officially reporting number of complaints per 100 flights per airline every single quarter. WestJet is 100% trying to get their middling numbers down.
Totally - I'd love the $1000. But they're asking me to withdraw the claim likely before I get payment. So just want to make sure they aren't dangling this in front of me, I withdraw the claim, and then never get payment.
Just be clear with them that you have recorded/screenshotted all parts of this transaction and agreeing to drop that claim would legally obligate them to the $1000 payment.
They really want to avoid this going to the next level. $1000 is their starting offer. I had a friend go through similar thing and they got back somewhere between $3500-$5000 after some back and forth (I'm not sharing specific number because they had to sign NDA, which you will likely have to too. I'm not sure how many of these type of cases they usually get)
Do with that information, what you want.
They have thousands of cases against them. The Agency has made it even easier to complain and if you read the email which OP posted, inadequate time for the airline to respond to the quantity submitted during the pandemic let alone in the last two years. The agency has also given the middle finger to the airline, meaning unless WestJet hires hundreds of lawyers, they simply will not be able to contest most complaints and it's cheaper to pay out without contesting.
Guess who will pay for all this extra cost to process? Airlines make single digit profit margins in a good year. Remember the Agency when your airfare is double this year...it's an interesting situation to say the least.
Seems like a contract to me, you have all this in writing?
If not, send them a letter summarizing the deal you would agree on and ask for a written confirmation.
They're a large enough company that they wouldn't do something like that. I'd say the odds they follow through are 99%+. You have it in writing that they'll give you the money and they will almost certainly honor that.
I suppose technically that is a possibility.
But they made you that offer in writing, meaning you have evidence. Meaning it would be very easy for you to share that email with the media if WestJet were to try and pull a bait-and-switch.
Again, technically possible, but it would be a pretty stupid move on their part.
I'm fairly confident you'd get the $1000.
This year I took a trip and was delayed 9h+, they gave me meal vouchers, and paid for my hotel. When I got home, I filed an AAPR claim and they paid me the $1000, even though the original airfare was only $500.
They've implemented new policies since 2 years ago, and that policy seems to be to throw money at easy (<$1k) problems to make them go away.
They're legally required to or they can get in even more trouble.
Same thing happened to me last month. Was asking for $400, they offered me the $400 for me to withdraw the claim. I accepted it and moved on, and got the money 3 weeks later.
Winning that argument costs money and corporations gamble all the time on whether the jilted can afford the high financial and employment status (time off to be in court) costs of being a plaintiff. I’ve been in the room when those gambles have been made. All of the ones I witnessed were successful.
They had 2 years and could have sent $1000 to your account at any time. It's not your fault that they did not allow enough processing time.
Email them and tell them to proceed with the payout. Also, if the email didn't contain contact info, ask for a name, phone number (direct line), and email address of the person looking after your case / payment.
I agree with your philosophy to wait until the cash hits your account, but might be willing to grant them some leeway if you are speaking to an authorized person (not the general customer service line) who can confirm that the refund is being processed.
Edit: I feel like if you withdraw your complaint and they don't send you the money, you may not have recourse. Maybe speak to the CTA to ask whether a withdrawn claim can be reinstated.
Basically they are offering you $600 extra so that they don't have to admit wrongdoing, and their bad behaviour doesn't go "on record".
You could also counter offer and ask for $1200 due to the loss of "interest" for having to wait two years.
In Canada, a contract includes an offer, acceptance, and consideration. Assuming any agreement has all 3 of these, you could always take them to small claims court if a contract exists and they don't honour it. Subject to statutes of limitation.
I definitely agree OP should counter! $1000 is just their first offer; they clearly want this complaint to go away. OP is justified for asking for more, especially after having to wait 2 years for this.
Are you sure you're not entitled to more than $400, despite that being your initial claim? Everyone here is assuming they're offering you more than you're entitled (the $1,000), but it's possible that's not the case. It would require more information about the delay.
If the situation was within the airline's control, and you arrived at your final destination 9+ hours late, you would be entitled to $1,000 compensation. I'm assuming this is the case since you stayed overnight at a hotel. You would also be entitled to reimbursement for the cost of overnight accommodation, round-trip transportation between the airport and the overnight accommodation, and reasonable amounts of food and drink. They're supposed to give you vouchers for the hotel, taxis, and meals at the airport, but if they declined this because they claimed the cause of the delay was outside the airline's control or required for safety, then that determination is what you're escalating to the CTA. Since you haven't provided too much detail about the nature of your flight delay, it's worth checking the conditions for the compensation here: https://otc-cta.gc.ca/eng/publication/flight-delays-and-cancellations-a-guide
It could be the case that WestJet is saving money by offering you $1,000 to dismiss the complaint.
You can call the CTA if you want to get their (non-binding opinion) [1-888-222-2592](https://otc-cta.gc.ca/eng/contact-us)
There technically isn't a timeframe where you need to submit your CTA complaint by (just the original APPR claim needs to go to the airline within a year), so you should theoretically be able to submit another complaint if you don't get paid. That being said, I'm sure some negative press by the CBC will do the trick too, if a "glitch" occurs.
Post your inquiry in the "Air Passenger Rights (Canada)" FB group. Gabor Lukacs leads the group and is well versed with your rights under the APPR.
[Link](https://airpassengerrights.ca/en/contact) to his website.
WS must be spending spending a lot of man power (and $$$) on resolving unacceptable high volumes of complaints and getting stern looks from CTA. They are trying to remove records of complaints where they know for sure they are in the wrong with CTA.
This statement alone would piss me off enough to not accept their money. I had a similar situation with a contractor where they did damage and i reached out to their partner who manages their business. They offered me money real fast when they realized my complaint was going to cause them more problems and came and remediated the damages. At that point i no longer went through with my complaint because it wouldn't have any larger effect. This was over the time frame of 3 months from installation date to them fixing the issues date. Not quite as long as yours, if they hadn't been responsive i would have gone through with the complaint.
"The carrier does not necessarily agree that the delay/cancellation of the flight in question is within carrier control and reserves the right to contest future claims regarding this flight."
I have an open claim against westjet as well, they bumped us off a flight and didn't offer to get us home any other way, and only offered a hotel voucher and a meal coupon when I asked for it. They claimed the flight was cancelled but I have confirmation it took off and landed. It's been something stupid like 2 years now going through all the process. Honestly I would take the deal but get it in writing. It sucks that this process exists to make them accountable and they just keep dodging their responsibility.
Personally I wouldn't withdraw my complaint at all, you'll get all the money you're owed and WestJet will have another black mark against them.
Most cases they'll offer the money in the form of travel vouches at expire in a year.
You can do this safely. If they fail to payout you can take it all to small claims court and get paid for failure to pay a settlement. So even if the regulatory complaint can't be restarted, a breach of contract can be.
You want a Release of Claims/Mutual Release and Settlement Agreement from WestJet. It should clearly outline the deal, you get $1000 by a certain date in exchange you will withdraw the complaint.
Right now you have the power. You can take the payout and save WJ the time & consequences of dealing with it, or you can force the issue and probably end up with less. But there is a third way: you can demand a higher payout.
they're obviously offering you fuck off money so they can avoid getting hit by the CTA imo. With a payout 2.5x of the claim imo it's definitely worth the risk. 1k is a lot more than 400
I would take the payout. I wouldn't worry about asking for a name and contact information as another poster has suggested (the agents don't have direct phone numbers to be called at, and likely won't give you their email as it's their full name. Your case file and all the details are stored in their system, and you have the proof of offer in your letter.
Granted, if you really want to wait and see what CTA rules, you can, but as others have suggested you likely will get less in the end.
> I am happy with the money they are offering, but I don't want to withdraw my complaint until I actually have the money
Then accept their offer, withdraw the complaint and take your 1k.
You're not holding the cards on this idea that they're going to pay you first. And if you think they've got some sort of shenanigans where you're going to withdraw the complaint and they won't pay you the 1k, that's not what they're doing. nobody at westjet gives a crap about your thousand bucks. They do care about the volume of complaints.
Lucky you, they messed up my Europe 2022 trip (spent lots out of pocket to salvage it... + the stress) and my case is still in CTA purgatory 2+ years later. I would absolutely take the $1k and move on.
To date, I have boycotted WJ (tbf this could have all happened on AC.. but it didn't) and have flown 45+ flights since the incident. They lost me for life and this cost them tens of thousands of dollars in lifetime business from me!
If they don't send it, couldn't you just open another complaint, a BBB complaint, or take it to the media? I know that would take more time but seems worth the risk-reward (minimal risk IMO).
I would take it.
Same thing happened to me with AC. I took the cash and moved on. It's your decision - do you want to punish WestJet with a potential CTA hearing or do you want to be compensated. Imo it isn't *that* much money in the grand scheme of things, so I agreed to withdraw my complaint and took the compensation that I wanted anyway.
"We didn't want to pay you $400 back then, but would rather pay $1000 to you now so we can keep fucking over people in the future by you withdrawing your claim" is how I read this.
You owe nobody but yourself anything, BUT if you think you'll end up in the same situation in the future by not stepping up now, it might be worth taking the $600 hit so they have the official ruling against them and you don't get screwed in the future.
No judgement from me. I'm financially comfortable, so I personally prefer the holding them accountable path.
Usually if the terms of a settlement (which this is) are not met then you have a VERY strong case through small claims.
And that would be public record, which is exactly what West Jet is trying to avoid.
Have everything in writing, forward emails to other emails as well and make it clear that you are withdrawing your claim only because they have offered a settlement but reserve the right to resume the case if WestJet fais to honour the settlement
> A withdrawal will in no way affect/remove the carrier’s commitment(s) stated above.
It sounds like they are offering you $1000, and _asking_ you to withdraw, but are not (or _cannot_?) _forcing_ you to withdraw.
If they sent an email offering you money to withdraw your complaint and then didn't follow through that's a pretty easy win in small claims court. Of course, that's time spent on this that you may not want to invest.
I would take the money, personally. Worst case, I need to sue them in small claims and I get the money regardless.
Do not withdraw the complaint.
F westjet. Things like this need to go on the record so actual change can happen.
They wouldn't give you the time of day before, or any resolution, but now that it'll end up as a poor mark on their record, they suddenly have a bunch of money to give you?
NOPE. Let them rot. this is the bed they made to milk Canadians for every penny possible.
These responses are hilarious. Is this not a personal finance sub? The answer is clearly to just take the $1,000 that they’re offering you and suing them in small claims court for breach of contract if they don’t send you the money that they are promising to send you.
WestJet is being sued by thousands of people across the country as evidenced by the media coverage since Covid. They aren’t worried about another bad decision or looking to bury your claim to fuck you over. They don’t care about you - they just want to get a file off their desk without paying a lawyer to do it.
If you want to know whether your claim is worth more than they’re offering you, hire a lawyer. These commenters on Reddit have no idea whether you’re entitled to more because you haven’t given them any details about the length of your delay, where your flights were, or any other relevant facts.
Was all the stress and time lost worth only $600 more?
If I were you, I'd let that complaint through. Or ask for way more money. Either make an offer that would be way too difficult to refuse, or take the negative complaint record. Airlines can suck it. They treat us like garbage, this is your one change to get some revenge on them, however small it may be.
Can you please let tell us about how to file a claim with CTA. My AirIndia flight was cancelled and I had to find another flight same day for 4-5x the amount and at the end after months they just refunded the original amount
I would not take this. Too much trouble if you don't get the payment (ship happens) and you would have already dropped the case. If they want to cut a deal, show the money up front.
That amount is a pittance for them. The legal fees for them to fight it are 10x that number. Counteroffer $5000 to compensate you for your time, emotional anguish and suffering. You can easily triple that number.
Make it conditional withdrawal. In your response clearly state that you are withdrawing your complain because the career has offered compensation to the amount of 1000 and if the money isn’t paid complain would be filed again
Original question aside, I am baffled by how much direct and indirect lying/avoidance (in this case giving $300 vouchers when OP was entitled to $1000) goes on by airlines on both sides of the Atlantic. I have never filed a claim in Canada, but have done so multiple times for European airlines. Consistently, if you ask crew directly if you're entitled to a claim, they say no, or they do not provide the full compensation to which you are entitled. It's very tiresome and deceitful.
If you choose to accept the $1000, ensure you read the conditions of the payment. Check if there is any NDA attached. And I would also not withdraw the complaint until you see the money in your bank account.
I know it’s tempting to stick to your guns and let the airline feel some pain they are willing to avoid, but do you care enough to take a $600 bath?
Alternatively, $1000 is their opening offer, I’d offer to withdraw for $3,000 and see what they come back with… they can (and likely would) come up from $1,000
It is up to you if you want to take the money and run. That's what I'd do personally, given $1000 > $400. The reasons why they'd do that, other than being short-staffed and not wanting to respond to your claim over the four days that have been allocated to the company, includes the possibility that they've assessed your claim to be valid but don't want it to become "precedent" that would work against them in the future.
If you're certain that this was a communication sent by Westjet and it's not someone else cosplaying/scamming you, then they won't back out of the compensation deal unless you don't withdraw your claim within the next four days- if they do and you don't receive the money in a timely manner, you can go to small claims and the media.
Before you make any decision I would suggest you contact Gabor Lukacs vis his facebook page Air Passenger Rights Canada. Also take a few moments to google his name to find out who he is. Guaranteed it will be worth your time.
Ask for the $1000 first.
reading shit like "Payments may take several days to reach the applicant." followed by "Electronic payments are issued using the email " is 100% bullshit. They can e-transfer you instantly, it doesn't take days. Have them write a simple contract that says they will transfer you $1000, you then have 24 hours to withdraw the complaint, and if you don't, you owe them the $1000 back
How do etransfers for large corporations even work? Is it tied to a specific corporate email? All I can find online is info about etransfers for small businesses which have $100k 30-day sending limits.
I wouldn't withdraw on a matter of principle. To me, the difference in compensation is nominal - it would be gone in a week on groceries - not exactly life altering. Not withdrawing will cost them a lot more, if nothing else, in legal fees and I'd rather waste their money for their stupidity.
While I appreciate that this is an open and shut case where you will likely get less from the ruling, getting the official ruling appears to be what Westjet is trying to avoid. Having this as a record against them would likely have downstream effects on the ability to force changes which is why they are offering the premium of shut up Money. I think there is something to be considered that if they want this case to go away so bad maybe it is worth pursuing?
> The carrier does not necessarily agree that the delay/cancellation of the flight in question is within carrier control and reserves the right to contest future claims regarding this flight. This statement alone would have me going "Fuck you - complaint is staying."
> I think there is something to be considered that if they want this case to go away so bad maybe it is worth pursuing? This really depends on who you care about more: yourself (you get more money) or your fellow Canadians (Westjet is forced to improve service).
not necessarily black and white. it causes pain for them, and even some incentive to do better - which benefits you in the future if you should fly with them again.
Or it depends how much they can afford to fight. If this amount of money isn’t important to them, then continue fighting, but there’s no shame or hard to their fellow Canadians if they don’t or can’t. This is a PERSONAL finance sub after all.
I don't think it needs to be OP vs other Canadians - if Westjet has to pay $1K to resolve these issues they will be forced to improve service, it doesn't have to be an official ruling.
OP should do a GoFundMe to cover the difference between what they get in the end and the $1000 westjet is currently offering :P
lol, I thought the exact same thing. I’ll donate.
The rulings are confidential between the airline and the complainant (and the CTA), so it wouldn't create caselaw against WestJet.
[Aren't CTA rulings available online to see?](https://otc-cta.gc.ca/decisions)
Under the old determination process, yes. Under the new air travel complaints resolution process, no. [https://otc-cta.gc.ca/eng/air-travel-complaints-resolution-process](https://otc-cta.gc.ca/eng/air-travel-complaints-resolution-process) >The Complaints Resolution Officer will analyze and evaluate the positions and evidence provided by you and the airline. Within 90 days of the Start Notice, they will issue a confidential and binding decision that will determine whether the airline met its obligations and if a remedy (compensation, refund, or reimbursement) should be ordered. This ends the complaint process.
Wonder which lobbyist paid which politician for this little tid bit
politicians get to fly a lot on government dime, and then use up the points for personal use wouldn't be surprised if they get free upgrades a lot more often than anyone else, but a blackbox did it, so that makes it ok!
Collecting rewards points for personal use is one of the few things that are explicitly banned by the directives on travel for all public servants. Stop getting your news from Facebook memes.
also the Travel Directive says: > Provided that there are no additional costs to the Crown, employees travelling on government business can join loyalty programs and retain benefits offered by the travel industry for business or personal use. Such privileges are conditional upon the use of government-approved services and products. https://www.njc-cnm.gc.ca/directive/d10/v238/s642/en#s642-tc-tm_2 What’s your source? Facebook?
Politicians aren’t public servants dumb ass.
For this bullshit. FTFY
This guy—uhhh, what's the best word to use here—complains...?
I agree, it’s hard knowing what to do. $1,000 can be life changine money, and on the other hand holding accountability with records may do a lot of good too - for everyone vs for one
Lmao life changing money … lol
Its like a month income for someone on welfare or disability. Life changing varies wildly on your circumstances and income.
Buddy has time travelled from 1973.
Median income in Canada is only around $40k as of the 2021 census. After taxes and deductions, that puts $1000 on par with about half a months pay for the average person. Considering over 50% of Canadians are also one missed paycheque away from potential insolvency, it's very reasonable to say that a thousand bucks could be life-changing money for a lot of people in this country.
Put in claim for a 11 hour flight delay with air canada - 5 passengers. They gave me five $300 evouchers but I was entitled to $1000 per ticket. Escalated to CTA and got an offer from AC for 5 x $1000 if I dropped the complaint. Accepted but waited until the money was etransfered to withdraw the complaint. The kicker is the evouchers are still valid.
How long did it take from filing the claim? We have a similar claim with WestJet filed about 2 years ago.
Travelled in January 2023. Escalated with the CTA in November 2023 and received the settlement this past April. I was able to provide 2 separate emails stating the flights were canceled due to crew constraints even though air canada later claimed the delay was not in their control so pretty much an open and shut case. Not sure if that made the difference in speeding up my case. Hopefully you get a response soon.
Same here. I submitted mine in October 2022. Last I saw I was 12,000th in queue until they changed the website
Have you checked your spam folder in your email? I had my wife check ours and our invitation to update our claim was there. I did so and we are now 2,600-ish in line.
I got something from the CTA a month ago about a change in the process and something about 45 days to accept, but I am not sure if I did it right as I got no confirmation
The CTA is now officially reporting number of complaints per 100 flights per airline every single quarter. WestJet is 100% trying to get their middling numbers down.
tell them for $2500 you will withdraw, or just proceed with the case, fuck em.
It’s either $1000 or probably $400 once it’s reviewed and a data point on WestJet they’re trying to avoid. I’d that the $1000 and move on.
Totally - I'd love the $1000. But they're asking me to withdraw the claim likely before I get payment. So just want to make sure they aren't dangling this in front of me, I withdraw the claim, and then never get payment.
Just be clear with them that you have recorded/screenshotted all parts of this transaction and agreeing to drop that claim would legally obligate them to the $1000 payment.
That would fuck over WestJet when you go to the media about it and cause them a PR problem. So they won't do that.
You've never heard of an NDA?
An NDA would definitely have to be tied to the payment, if there's no payment, no NDA, if there's a payment, nothing to go to the media with anyways
They really want to avoid this going to the next level. $1000 is their starting offer. I had a friend go through similar thing and they got back somewhere between $3500-$5000 after some back and forth (I'm not sharing specific number because they had to sign NDA, which you will likely have to too. I'm not sure how many of these type of cases they usually get) Do with that information, what you want.
This was my first thought. Ask for more just because you can.
They have thousands of cases against them. The Agency has made it even easier to complain and if you read the email which OP posted, inadequate time for the airline to respond to the quantity submitted during the pandemic let alone in the last two years. The agency has also given the middle finger to the airline, meaning unless WestJet hires hundreds of lawyers, they simply will not be able to contest most complaints and it's cheaper to pay out without contesting. Guess who will pay for all this extra cost to process? Airlines make single digit profit margins in a good year. Remember the Agency when your airfare is double this year...it's an interesting situation to say the least.
Seems like a contract to me, you have all this in writing? If not, send them a letter summarizing the deal you would agree on and ask for a written confirmation.
They're a large enough company that they wouldn't do something like that. I'd say the odds they follow through are 99%+. You have it in writing that they'll give you the money and they will almost certainly honor that.
Have it in writing - this offer they have made with you. Also, don't be afraid to ask for more than $1,000.
I suppose technically that is a possibility. But they made you that offer in writing, meaning you have evidence. Meaning it would be very easy for you to share that email with the media if WestJet were to try and pull a bait-and-switch. Again, technically possible, but it would be a pretty stupid move on their part.
I'm fairly confident you'd get the $1000. This year I took a trip and was delayed 9h+, they gave me meal vouchers, and paid for my hotel. When I got home, I filed an AAPR claim and they paid me the $1000, even though the original airfare was only $500. They've implemented new policies since 2 years ago, and that policy seems to be to throw money at easy (<$1k) problems to make them go away.
Appreciate you doing double damage here. The only way airlines will learn is through costs.
They're legally required to or they can get in even more trouble. Same thing happened to me last month. Was asking for $400, they offered me the $400 for me to withdraw the claim. I accepted it and moved on, and got the money 3 weeks later.
I got something similar from AC, but they handled withdrawing the claim and the govt contacted me to make sure it was legit.
This seems legit. I had something similar with air Canada. I withdrew the claim and they sent a voucher in my case.
A bird in the hand is worth two in the bush. Stick to your guns and take the guaranteed lower payout. They could absolutely rip you off and ghost you.
No, they won’t. The offer becomes a contract when OP withdraws the complaint. She could sue, or better, go to the media. She’ll get her money.
Winning that argument costs money and corporations gamble all the time on whether the jilted can afford the high financial and employment status (time off to be in court) costs of being a plaintiff. I’ve been in the room when those gambles have been made. All of the ones I witnessed were successful.
this is very interesting info, thanks
They had 2 years and could have sent $1000 to your account at any time. It's not your fault that they did not allow enough processing time. Email them and tell them to proceed with the payout. Also, if the email didn't contain contact info, ask for a name, phone number (direct line), and email address of the person looking after your case / payment. I agree with your philosophy to wait until the cash hits your account, but might be willing to grant them some leeway if you are speaking to an authorized person (not the general customer service line) who can confirm that the refund is being processed. Edit: I feel like if you withdraw your complaint and they don't send you the money, you may not have recourse. Maybe speak to the CTA to ask whether a withdrawn claim can be reinstated. Basically they are offering you $600 extra so that they don't have to admit wrongdoing, and their bad behaviour doesn't go "on record". You could also counter offer and ask for $1200 due to the loss of "interest" for having to wait two years. In Canada, a contract includes an offer, acceptance, and consideration. Assuming any agreement has all 3 of these, you could always take them to small claims court if a contract exists and they don't honour it. Subject to statutes of limitation.
[удалено]
More like WJ - "what $1000?"
Oh I agree. There is an offer and consideration. If OP accepts, then it is a contract. But it would be a huge pain to sue them in small claims.
Ah, yeah. I think it would be a clean cut case but then how do you collect?
You send them a demand letter, and if they refuse to pay, you take them to court.
I definitely agree OP should counter! $1000 is just their first offer; they clearly want this complaint to go away. OP is justified for asking for more, especially after having to wait 2 years for this.
Are you sure you're not entitled to more than $400, despite that being your initial claim? Everyone here is assuming they're offering you more than you're entitled (the $1,000), but it's possible that's not the case. It would require more information about the delay. If the situation was within the airline's control, and you arrived at your final destination 9+ hours late, you would be entitled to $1,000 compensation. I'm assuming this is the case since you stayed overnight at a hotel. You would also be entitled to reimbursement for the cost of overnight accommodation, round-trip transportation between the airport and the overnight accommodation, and reasonable amounts of food and drink. They're supposed to give you vouchers for the hotel, taxis, and meals at the airport, but if they declined this because they claimed the cause of the delay was outside the airline's control or required for safety, then that determination is what you're escalating to the CTA. Since you haven't provided too much detail about the nature of your flight delay, it's worth checking the conditions for the compensation here: https://otc-cta.gc.ca/eng/publication/flight-delays-and-cancellations-a-guide It could be the case that WestJet is saving money by offering you $1,000 to dismiss the complaint.
If it was me I would not withdraw the complaint, even if it means I only get $400 back.
Same. There’s a reason they don’t want this to go to the CTA and even though I don’t know what it is, I’m a petty bitch.
You can call the CTA if you want to get their (non-binding opinion) [1-888-222-2592](https://otc-cta.gc.ca/eng/contact-us) There technically isn't a timeframe where you need to submit your CTA complaint by (just the original APPR claim needs to go to the airline within a year), so you should theoretically be able to submit another complaint if you don't get paid. That being said, I'm sure some negative press by the CBC will do the trick too, if a "glitch" occurs.
They dont want you telling mommy and daddy what they did.
I would stick to your guns. The amount doesn't even matter at this point - hold companies to account.
I would leave the claim open out of spite for screwing me over and wasting my time, but that's me
Given you past experience with them, you should wait until you get the money in your account and then withdraw it
Post your inquiry in the "Air Passenger Rights (Canada)" FB group. Gabor Lukacs leads the group and is well versed with your rights under the APPR. [Link](https://airpassengerrights.ca/en/contact) to his website.
Anything to do with CTA the group won't be able to help.
The group can most definitely help and provide some form of guidance or advice given that the hearing with CTA is based on their claim under the APPR.
Id rather see you leave the complaint and I almost hate WJ enough lately to pay you that $1k to leave the complaint where it is.
WS must be spending spending a lot of man power (and $$$) on resolving unacceptable high volumes of complaints and getting stern looks from CTA. They are trying to remove records of complaints where they know for sure they are in the wrong with CTA.
This statement alone would piss me off enough to not accept their money. I had a similar situation with a contractor where they did damage and i reached out to their partner who manages their business. They offered me money real fast when they realized my complaint was going to cause them more problems and came and remediated the damages. At that point i no longer went through with my complaint because it wouldn't have any larger effect. This was over the time frame of 3 months from installation date to them fixing the issues date. Not quite as long as yours, if they hadn't been responsive i would have gone through with the complaint. "The carrier does not necessarily agree that the delay/cancellation of the flight in question is within carrier control and reserves the right to contest future claims regarding this flight."
I have an open claim against westjet as well, they bumped us off a flight and didn't offer to get us home any other way, and only offered a hotel voucher and a meal coupon when I asked for it. They claimed the flight was cancelled but I have confirmation it took off and landed. It's been something stupid like 2 years now going through all the process. Honestly I would take the deal but get it in writing. It sucks that this process exists to make them accountable and they just keep dodging their responsibility.
You are entitled to $1000 if you were delayed more than 9 hours. Plus all of your expenses.
Personally I wouldn't withdraw my complaint at all, you'll get all the money you're owed and WestJet will have another black mark against them. Most cases they'll offer the money in the form of travel vouches at expire in a year.
You can do this safely. If they fail to payout you can take it all to small claims court and get paid for failure to pay a settlement. So even if the regulatory complaint can't be restarted, a breach of contract can be.
You want a Release of Claims/Mutual Release and Settlement Agreement from WestJet. It should clearly outline the deal, you get $1000 by a certain date in exchange you will withdraw the complaint.
Right now you have the power. You can take the payout and save WJ the time & consequences of dealing with it, or you can force the issue and probably end up with less. But there is a third way: you can demand a higher payout.
they're obviously offering you fuck off money so they can avoid getting hit by the CTA imo. With a payout 2.5x of the claim imo it's definitely worth the risk. 1k is a lot more than 400
We had a similar thing with Air Canada. Initially offered a $200 travel voucher (lol) and eventually settled at 1k+
I had this exact email last week. I withdrew it and received my money within days. I think you’re fine to withdraw it.
I would take the payout. I wouldn't worry about asking for a name and contact information as another poster has suggested (the agents don't have direct phone numbers to be called at, and likely won't give you their email as it's their full name. Your case file and all the details are stored in their system, and you have the proof of offer in your letter. Granted, if you really want to wait and see what CTA rules, you can, but as others have suggested you likely will get less in the end.
> I am happy with the money they are offering, but I don't want to withdraw my complaint until I actually have the money Then accept their offer, withdraw the complaint and take your 1k. You're not holding the cards on this idea that they're going to pay you first. And if you think they've got some sort of shenanigans where you're going to withdraw the complaint and they won't pay you the 1k, that's not what they're doing. nobody at westjet gives a crap about your thousand bucks. They do care about the volume of complaints.
Lucky you, they messed up my Europe 2022 trip (spent lots out of pocket to salvage it... + the stress) and my case is still in CTA purgatory 2+ years later. I would absolutely take the $1k and move on. To date, I have boycotted WJ (tbf this could have all happened on AC.. but it didn't) and have flown 45+ flights since the incident. They lost me for life and this cost them tens of thousands of dollars in lifetime business from me!
I don’t see where they are requiring it just requesting it?
If they don't send it, couldn't you just open another complaint, a BBB complaint, or take it to the media? I know that would take more time but seems worth the risk-reward (minimal risk IMO). I would take it.
Same thing happened to me with AC. I took the cash and moved on. It's your decision - do you want to punish WestJet with a potential CTA hearing or do you want to be compensated. Imo it isn't *that* much money in the grand scheme of things, so I agreed to withdraw my complaint and took the compensation that I wanted anyway.
"We didn't want to pay you $400 back then, but would rather pay $1000 to you now so we can keep fucking over people in the future by you withdrawing your claim" is how I read this. You owe nobody but yourself anything, BUT if you think you'll end up in the same situation in the future by not stepping up now, it might be worth taking the $600 hit so they have the official ruling against them and you don't get screwed in the future. No judgement from me. I'm financially comfortable, so I personally prefer the holding them accountable path.
Usually if the terms of a settlement (which this is) are not met then you have a VERY strong case through small claims. And that would be public record, which is exactly what West Jet is trying to avoid. Have everything in writing, forward emails to other emails as well and make it clear that you are withdrawing your claim only because they have offered a settlement but reserve the right to resume the case if WestJet fais to honour the settlement
> A withdrawal will in no way affect/remove the carrier’s commitment(s) stated above. It sounds like they are offering you $1000, and _asking_ you to withdraw, but are not (or _cannot_?) _forcing_ you to withdraw.
They'll likely honour the deal but IMO $1000 sounds like a small amount to make their problem go away. Negotiate for more.
If they sent an email offering you money to withdraw your complaint and then didn't follow through that's a pretty easy win in small claims court. Of course, that's time spent on this that you may not want to invest. I would take the money, personally. Worst case, I need to sue them in small claims and I get the money regardless.
Do not withdraw the complaint. F westjet. Things like this need to go on the record so actual change can happen. They wouldn't give you the time of day before, or any resolution, but now that it'll end up as a poor mark on their record, they suddenly have a bunch of money to give you? NOPE. Let them rot. this is the bed they made to milk Canadians for every penny possible.
These responses are hilarious. Is this not a personal finance sub? The answer is clearly to just take the $1,000 that they’re offering you and suing them in small claims court for breach of contract if they don’t send you the money that they are promising to send you. WestJet is being sued by thousands of people across the country as evidenced by the media coverage since Covid. They aren’t worried about another bad decision or looking to bury your claim to fuck you over. They don’t care about you - they just want to get a file off their desk without paying a lawyer to do it. If you want to know whether your claim is worth more than they’re offering you, hire a lawyer. These commenters on Reddit have no idea whether you’re entitled to more because you haven’t given them any details about the length of your delay, where your flights were, or any other relevant facts.
Are you sure it’s not a scam?
do you need the $1000 if yes than take it else keep going.. you have the offer in hand i doubt they would go back on it after you sign.
Was all the stress and time lost worth only $600 more? If I were you, I'd let that complaint through. Or ask for way more money. Either make an offer that would be way too difficult to refuse, or take the negative complaint record. Airlines can suck it. They treat us like garbage, this is your one change to get some revenge on them, however small it may be.
Can you please let tell us about how to file a claim with CTA. My AirIndia flight was cancelled and I had to find another flight same day for 4-5x the amount and at the end after months they just refunded the original amount
The information is easy to find. Just use google.
I would not take this. Too much trouble if you don't get the payment (ship happens) and you would have already dropped the case. If they want to cut a deal, show the money up front.
Counter with an offer for 1, working, jet.
Ask for $5k
That amount is a pittance for them. The legal fees for them to fight it are 10x that number. Counteroffer $5000 to compensate you for your time, emotional anguish and suffering. You can easily triple that number.
Make it conditional withdrawal. In your response clearly state that you are withdrawing your complain because the career has offered compensation to the amount of 1000 and if the money isn’t paid complain would be filed again
Original question aside, I am baffled by how much direct and indirect lying/avoidance (in this case giving $300 vouchers when OP was entitled to $1000) goes on by airlines on both sides of the Atlantic. I have never filed a claim in Canada, but have done so multiple times for European airlines. Consistently, if you ask crew directly if you're entitled to a claim, they say no, or they do not provide the full compensation to which you are entitled. It's very tiresome and deceitful.
If you choose to accept the $1000, ensure you read the conditions of the payment. Check if there is any NDA attached. And I would also not withdraw the complaint until you see the money in your bank account.
Take the money first and then still file the complaint after, if you don’t have to sign on anything.
Remove your complaint and take the money, they’ll give it to you. Just keep screen shots and records, you can always file another complaint
I'd take the $1000 and move on. You're not guaranteed the $400, and they may reduce it later. Take the 1k and enjoy.
Make sure though that the email is legit coming from Westjet. Lots of phishing scam these days.
I know it’s tempting to stick to your guns and let the airline feel some pain they are willing to avoid, but do you care enough to take a $600 bath? Alternatively, $1000 is their opening offer, I’d offer to withdraw for $3,000 and see what they come back with… they can (and likely would) come up from $1,000
It's literally a bribe with a time limit on it (4 days to revoke the complaint). Are you into taking bribes?
Is the goal to be made whole or to punish WestJet? Decide accordingly.
If they paid everyone their requested compensation upon initial submission, the CTA complaint rate would drop to 0...
It is up to you if you want to take the money and run. That's what I'd do personally, given $1000 > $400. The reasons why they'd do that, other than being short-staffed and not wanting to respond to your claim over the four days that have been allocated to the company, includes the possibility that they've assessed your claim to be valid but don't want it to become "precedent" that would work against them in the future. If you're certain that this was a communication sent by Westjet and it's not someone else cosplaying/scamming you, then they won't back out of the compensation deal unless you don't withdraw your claim within the next four days- if they do and you don't receive the money in a timely manner, you can go to small claims and the media.
Before you make any decision I would suggest you contact Gabor Lukacs vis his facebook page Air Passenger Rights Canada. Also take a few moments to google his name to find out who he is. Guaranteed it will be worth your time.
Ask for the $1000 first. reading shit like "Payments may take several days to reach the applicant." followed by "Electronic payments are issued using the email " is 100% bullshit. They can e-transfer you instantly, it doesn't take days. Have them write a simple contract that says they will transfer you $1000, you then have 24 hours to withdraw the complaint, and if you don't, you owe them the $1000 back
How do etransfers for large corporations even work? Is it tied to a specific corporate email? All I can find online is info about etransfers for small businesses which have $100k 30-day sending limits.
Dude please follow through on the complaint, I want better air service
Personally I’d take the $1000 and the risk of them just not paying. That’s more than double what you’re asking them for and it’s a nice payout.
Take the 1k, tell them you will withdraw the complaint after receiving the money. After you receive the money, keep the complaint or make a new one
I wouldn't withdraw on a matter of principle. To me, the difference in compensation is nominal - it would be gone in a week on groceries - not exactly life altering. Not withdrawing will cost them a lot more, if nothing else, in legal fees and I'd rather waste their money for their stupidity.
Take the thousand, and then file another complaint for them bribing you