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S.R. vs. Westjet Airlines

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S. R. vs. Westjet Airlines
22 Aerial Place NE T2E, Calgary, Alberta, T2E 3J1, Canada
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Statement of Claim
Claimant says:
"On August 19, 2022, I was scheduled to fly from Edmonton to Fort Lauderdale. Due to personal health reasons i was denied boarding. I am an American Indian born in Canada and according to the Jay Treaty, Native Indians born in Canada can move freely across the border for the purpose of vacation, study or to reside permanently (https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-an-american-indian-born-in-canada). Moreover, according to the USCIS website:  "If you live outside the United States and are seeking to enter the United States, you must tell the U.S. Customs and Border Protection officer that you are an American Indian born in Canada and provide documentation to support your claim. You must also state that you are seeking to enter to reside permanently in the United States."
The agent was very dismissive and did not give me the opportunity to explain my circumstance. I arrived at the airport 2.5 hours before check in and while speaking to her, immediately I noticed that there were officers nearby and her manager overseeing her, and I felt very threatened. I requested if there was a chance that i may speak to a US customs agent at the Edmonton airport and again, I was told that they cannot do anything. I then asked her if I can board to my connection (Toronto) and she said no becuause my final destination was in the US. As a first class ticket holder, I did not feel that Westjet offered me the type of service that I paid for, I was not offered any fight options before my ticket had expired, and was told that I would get a refund due to the type of ticket that I had purchased. I asked if she can process the refund at the airport, and she told me that they cannot process the refund and gave me a number to call. She began to get personal and tell me that i can use my refund and drive across the border... 
On August 20, 2022, I called Westjet about processing my refund. I was transferred to guest services where I spoke to Carlos. Carlos was very unhelpful, when I expressed that i felt deceived and ripped off, he said there is nothing they can do. I complained about the agent at the airport and that Westjet could have offered me alternate flight arrangements before my ticket expired, and that the overall service and treatment was poor. I asked that he follow up with an internal complaint about the service, and he said that his department does not deal with these type of complaints. Instead he told me to file a formal dispute with Transport Canada, yet, did not direct me to the link to file a formal dispute with Westjet. In the end, he said that nothing will come out of it and that he's "sorry." "
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  • 08-19-2022 — Date of departure
  • 08-20-2022 — Call for refund to Westjet
Exhibits View
What Claimant Wants Hide
1. Compensation: Travel (gas/taxi/car rental) Sep 10, 2022 $2,500.00
2. Compensation: Groceries/expenses Sep 10, 2022 $2,500.00
3. Compensation: Road trip to us Sep 10, 2022 $2,500.00
4. Compensation: Flight from Montana to Fort Lauderdale Sep 10, 2022 $3,500.00
5. Compensation: Hotel in Montana Sep 10, 2022 $300.00
6. Refund: Missed flight cost Sep 10, 2022 $3,000.00
7. Pay me for my time: 15 hours @ $100/hour Sep 10, 2022 $1,500.00
8. Other – Pay for claim posting cost Sep 10, 2022 $14.99
Just make me happy!
Claimant invites WestJet Airlines to make a fair offer to resolve this complaint.
Cash total : $15,814.99
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Respondent's Counteroffer


There has been no response to this claim from WestJet Airlines. This claim will remain posted until resolved
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  • Contributed Solution: by gary-dean of Darby On 09-12-2022
    gary-dean of Darby Law Training Center, Oregon Republic Mediation Solution... behavior and manners by employees and a company cannot be regulated. Therefore all mention of these items are of no actual consequence. Therefore, the actual facts as presented by the claimant, without current comments by the airline are as follows: Claimant, in good faith, created a contract that was agreed upon by the airlines for the transportation of himself from Canada to the United States. it appears that upon establishing the contract for transportation, the airline should have known at that time any issues concerning personal health that may restrict the claimant from traveling. Since the personal health issues were not expressed here, and is in fact a personal nature, and that the airline accepted the contract for transportation, I cannot see any valid issues concerning this item. If for example the claimant was denied transportation by contract based upon false Covid 19 claims by the government or by the Corporation controlling their airlines, then it is required for the airlines to prove that the Covid 19 virus has been isolated and identified, mandates are not law and therefore if the issue may be upon the use or nonuse of a mask, the center of disease control within the United States has admitted that masks do not serve any function and do not protect you whatsoever. This also includes the Covid 19 mRNA experimental shot that has not been approved in the United States. Therefore the Covid 19 issue cannot be seen as a valid reason to cancel or breach the contract of transportation and especially withholding a refund. The airline/wrongdoer, was apparently more than willing to establish a contract for transportation with full knowledge above and beyond that knowledge which the claimant had at the time. In essence this is lack of full disclosure of contractual parameters with the full knowledge of the situation. claimant states that the responsible agent for the airline did state that he could enter the United States by driving. This alone negates any argument by the state or by the Corporation restricting claimant from entering the United States in and of itself. This argument is therefore null and void in reference to the breach of contract of the airline and fraud against the claimant. responsible agent did state that a refund would be made. This in and of itself is an omission that the airline was intentionally breaching the contract, and as a result of their breach of contract, they would refund the money the claimant paid the airlines for services rendered which were not rendered. Further, the airline did in fact maliciously trespass upon the first contract, as well as the second contract given verbally by the agent.we now have two counts of breach of contract as well as harm caused the claimant by the intentional withholding of returning the funds for their own breach of contract as well as several counts of fraud. These are the facts as listed, and apparently unrebutted by the airlines; by tacit agreement the one that remained silent excepts the facts as stated. Further; Claimant was then caused extensive hardships in order to travel and be transported to Fort Lauderdale which was his ultimate destination. Claimant has made a multitude of claims that can only be valid upon the proof of expenses in the form of receipts and line items upon bank statements or credit card statements; all other expenses that cannot be proven in this way cannot be claimed. If in the case that a friend or an associate transported claimant across the border, whereas the claimant paid for expenses, then that friend or associate must provide an accounting of expenses signed under penalty of perjury or lying in order to be considered as an expense. Other items within this claim suggest that the claimant is asking for $100 per hour for lost wages. In order for this to be valid, claimant must provide proof of claim that his normal professional wage is $100 per hour. This proof can be by a previously published rate, or it can be provided by deposits stubs from the clients past employer, or if he operates as a consultant independently, then he must provide proof of consultant fees. Conclusion: At this time the airline appears to resist making things right in equity. The airline, based upon the facts given, has trespassed, committed fraud, and is in breach of two contracts. The first contract was the monies that were paid for services of transportation, the second contract was a verbal contract guaranteeing the return of the lost funds for not fulfilling the contract of transportation. Whatever the reason given by the airlines for the breach of contract is not valid in this case. The fact of the matter is that the airline by its own admission breached the contract and admitted that they would refund the claimant, a promise which was a verbal contract that the airline reneged upon. It appears that this action by the airline was intentional when it was their responsibility to return funds for a unfulfilled contract. Therefore as a mediator I conclude the following: Because of the breach of contract by the airlines, whereas the claimant made a contract in full faith and clean hands with the airline, the following terms are recommended: 1) claimant will provide proof positive of all expenses incurred by the airline breach of contract to be transported to said location. 2) airline will pay a total sum of $8000.00 in punitive damages as allowed by law. 3) airline will also issue a letter of apology to claimant for their behavior, and not fulfilling their responsible agents promise/contract to return all monies for a contract unfulfilled.
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