Confusion, clarifications for Sunwing’s class action suit in Quebec

Confusion, clarifications for Sunwing’s class action suit in Quebec

TORONTO — Sunwing is looking to clarify conditions surrounding the booking process for members of a Quebec class action suit, but ACTA says it still has questions.

As reported last week, as per an update from ACTA, earlier this month a Quebec judge issued a ruling accepting the settlement offered by Sunwing to resolve a Quebec consumer class-action lawsuit where it was alleged that Sunwing breached consumer protection law by advertising that Sunwing travellers would receive a complimentary glass of champagne when travelling, when what was allegedly served was sparkling wine that does not hold the protected champagne designation.

The lawsuit was before the courts for several years.

ACTA originally stated that the approved settlement gives all consumers residing in Quebec who purchased travel with Sunwing over the 3+ year timeline access to a 7% discount code. ACTA said the agreed-upon settlement would negatively impact travel agencies and independent travel agents because it required direct bookings with Sunwing with a discount code, bypassing travel agents.

However a spokesperson for Sunwing reached out to Travelweek with this clarification: “To clarify, the discount is not available to all consumers, it is specific to class members only. A website will be set up for class members, who will be required to register on the website and Sunwing will then verify if the registrant is a class member.Once verified, Sunwing will email the class member a user account and password to access the website.”

Sunwing reiterated: “The discount is not open to all consumers but class members only, and there is a verification process in place … Just want to make sure that distinction is clear for readers.”

We reached out to ACTA for their take. “The question ACTA still has is – many of the original bookings, were bookings that came from Sunwing travel agent partners,” ACTA President, Wendy Paradis told Travelweek. “Will Sunwing do the right thing and allow their travel agent partners to book their clients using the class action booking code and be compensated for the work they do on those bookings?”

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