Has your WestJet flight to or from Europe been delayed or cancelled? It’s a frustrating situation, but there may be a silver lining: you could be entitled to compensation, even if you took the flight up to three years ago.
WestJet is one of Canada’s most popular airlines, but a recent study found that 64% of their flights touched down late. Flight delays are so common that many passengers don’t know they may be entitled to compensation for a delay of more than 3 hours.
These longer delays may entitle you to compensation of up to $2,400 CAD depending on the circumstances, with common amounts ranging from $400 – $1,000. Below, we’ll cover the categories of delayed flight claims and what compensation you can claim if your WestJet flight is delayed.
Read on for more about your passenger rights, and what to do if your flight is delayed or cancelled.
WestJet is a Canadian airline, but WestJet flights departing from EU airports are subject to European passenger protection laws. Additionally, Canada’s recent Air Passenger Protection Regulations entitle you to compensation for delayed WestJet flights too.
The details of what you’re entitled to will be slightly different depending on whether you’re flying from an EU airport or a Canadian airport. However, there are a lot of similarities. In general, passengers’ rights laws grant you the right to compensation if your flight is delayed or cancelled.
You are likely to be entitled to compensation if:
Note: financial compensation for delayed flights is your legal right in exchange for the inconvenience of having to wait longer. This compensation is separate from ticket reimbursements and refunds that the airline may owe you, and should not be considered a replacement for them.
For example, most airlines will intentionally overbook flights to maximize profits. In most cases, not everyone who buys a ticket will end up making their flight. However, if everyone that booked a flight shows up for an overbooked flight, the airline won’t have enough seats for everyone.
In both the EU and Canada, airlines are legally required to negotiate with passengers to see if there are people that will volunteer to take another flight. If you volunteer, the airline is required to provide you with free alternate arrangements so you can keep your itinerary.
However, if that alternate arrangement gets you to your destination more than 3 hours later than your original flight, you may be entitled to compensation even if you volunteered to take an alternate ticket and the airline provided one.
If you’re flying from Canada, your compensation will depend on how long your arrival time at your destination was delayed for. If you’re flying from the EU, your compensation will depend on the distance of your flight.
WestJet is also legally required to provide you with food and refreshments for delays of longer than 3 hours. If a delay requires an overnight stay, the airline must provide accommodation and transportation to and from the airport.
Below, we’ll provide a breakdown of the compensation you may be entitled to for a delayed WestJet flight in each country.
Note: some of the compensation may only be awarded if the flight is delayed due to circumstances within the airline’s control. If the flight is delayed due to extraordinary circumstances (eg war) then you may not be able to claim compensation. EU regulations do not consider most technical difficulties to be outside of the airline’s control, even if they are unforeseen.
If your flight is delayed on a WestJet flight departing from a European airport, you have passengers’ rights under EU Air Passengers Rights Regulation 261/2004
This 19-year-old law protects passengers with compensation and other rights for delayed and cancelled flights. Over the years that this law has been in place, the EU has developed strict standards for what circumstances are legally outside of an airline’s control.
EU laws require airlines to provide:
Compensation for delayed or cancelled flights, regardless of the price of your ticket.
Flights under 1,500 km: up to €250 per person
Flights between 1,500 and 3,500 km: up to €400 per person
Flights over 3,500 km: up to €600 per person.
Additional services besides monetary compensation, including:
The EU regulation doesn’t apply if the airline notifies you a week or more in advance about a re-route that will arrive four hours later or less to your original destination. Airlines can also legally notify you less than one week about a re-route, if your departure time is less than one hour earlier and your arrival time is less than two hours later.
If your flight is delayed on a WestJet flight departing from a Canadian airport, you have passengers’ rights under Canadian Air Passenger Protection Regulations.
This is a newer law created in 2019, and protects passengers with similar rights to the EU law. However, Canadian law compensates passengers differently when they are denied boarding due to circumstances within the airline’s control. Mostly, this happens when airlines overbook flights.
Canadian laws require airlines to provide:
Compensation for delayed or cancelled flights, regardless of the price of your ticket.
Similar to the EU law, you can claim compensation for flights delayed more than three hours. Compensation can be up to CAD $1,000 for delays over 9 hours.
Delays of 6-9 hours: $700 CAD
Delays of 9+ hours: $1,000 CAD
Delays of 0-6 hours: $900 CAD
Delays of 6-9 hours: $1,800 CAD
Delays of 9+ hours $2,400 CAD
WestJet can be held liable for lost, damaged or delayed luggage for amounts up to $2,350.
In Canada, you have one year to submit a compensation claim.
Additional services besides monetary compensation, including:
Canadian law allows airlines to re-route flights if they do so more than two weeks before the departure date.
WestJet has to issue compensation for delayed flights within one month according to EU law. However, they are often delayed, and it’s up to passengers to know their rights when asking for timely compensation.
This often requires following up with WestJet if they don’t provide compensation in the required timeframe.
Airlines don’t have to provide compensation for delayed or missed flights in the event of extraordinary circumstances such as extreme weather conditions – but they do have to pay when missed flights were due to circumstances within their control, such as overbooking.
However, what constitutes a circumstance “within the airline’s control” has been a hotly debated item over the years.
For example, a delay due to a WestJet staff strike would be an issue within the airline’s control. However, a delay due to a control tower staff strike would be outside of their control. Whether or not an event was within an airline’s control can get murky, and airlines will often push back on the definition of what is in their control.
Air Canada and WestJet recently disputed compensation caused by a staffing shortage, which the airlines claimed was outside of their control. Yet public interest advocates argued that staffing issues are still within the airline’s control, even if they are the result of staff calling in sick.
It can be tricky for passengers who don’t know their rights to push back when airlines don’t compensate them for delays, missed flights, and other entitlements under the law. WestJet is legally required to make this information accessible, but it’s often hidden in the fine print.
Additionally, airlines may claim a situation is outside of their control when it really isn’t. Passengers may not know when it is appropriate to contest the claim.
Even when passengers do know their rights, it can be difficult to navigate the issue. WestJet can keep passengers waiting for hours on hold, which can stop many people from making rightful claims to compensation.
Travel is also a hassle in itself – and often, compensation for a delayed flight is the last thing on a passenger’s mind. Fortunately, it’s possible to claim compensation for flight delays up to three years under EU law and up to a year under Canadian law.
If you think you may be entitled to compensation, follow these steps:
1. Document everything: it’s always good to keep records when you travel for your own safety, but that’s doubly true if you think you might be entitled to compensation.
2. Check your claim: we understand your rights and can advocate for you on behalf of the airline – so you can enjoy your trip without the hassle. We will be able to check whether or not you’re entitled to compensation, and if so, help you get the compensation back. There’s no risk up front: we will only charge you if you receive compensation from WestJet.
To sum up, here’s the basics you need to know about WestJet flight compensation:
If your WestJet flight is delayed by more than 3 hours for reasons within the airline’s control, you’re likely entitled to compensation. Keep all the records about your flight and associated expenses, and check the status of your claim with Click2Refund.
Flight delays and cancellations, while unfortunate, are not without recourse. Knowing your rights as a passenger, whether under European or Canadian laws, is the first step in claiming what you rightfully deserve. We’re committed to helping ensure that your journey to claiming compensation is smooth and successful.
WestJet is the second-largest airline in Canada, with over 60,000 passengers per day. It was founded in 1994 as a low-cost alternative to Canada’s major airlines in Western Canada, then expanded to Eastern Canada in 2000 and began offering international flights in 2010. It is currently owned by Onex Corporation.