Travel agent must refund couple $2K for cancelled Hawaiian vacation, B.C. tribunal rules

This undated file photo provided by Ron Dahlquist for the Maui Visitors Bureau shows Hamoa Beach in Maui, Hawaii.

A couple who cancelled a Hawaiian getaway after testing positive for COVID-19 nearly three years ago have won their fight for a refund, according to a recent decision from B.C.’s Civil Resolution Tribunal.

Troy and Andrea Divecha arranged the weekend trip in October of 2022, opting to use a travel agent instead of booking online “in case of any travel problems,” a ruling on the dispute posted online Tuesday said.

The two-night package was booked through Vegas Vacations Ltd., which charged the couple $2,646 – issuing an invoice that said the trip was “100 per cent non-refundable and 100 per cent non-changeable,” according to the decision.

After the Divechas tested positive for COVID-19 on the eve of their departure, they contacted the travel agency to ask about changing their plans but were told that was not possible, the tribunal heard. Ultimately, the couple never took the trip and did not receive any refund from the agency.

The plane tickets were non-refundable, but the tribunal said the evidence showed Air Canada told the travel agency, in an email, it was willing to make a “goodwill gesture” and provide the couple with a discount on a future flight.

“The Divechas say Vegas never forwarded them any emails from Air Canada, including the email with a 20 per cent promo code. Considering Air Canada’s emails were only sent to Vegas, I accept this is true,” tribunal member Jeffrey Drozdiak wrote in his decision.

“Since Vegas did not send Air Canada’s 20 per cent promo code to the Divechas, I find Vegas breached the standard of care and was negligent.”

The agency was ordered to compensate the couple $158.80, an amount equivalent to the value of the discount.

An email from the hotel to the travel agency was also reviewed by the tribunal. It said the couple were entitled to a full refund, given the circumstances.

“Sheraton Maui emailed Vegas saying that the Divechas had sufficiently proven that they cancelled their vacation due to COVID-19. Sheraton Maui confirmed that the Divechas were able to cancel the reservation with no penalty, ‘provided that you do the same,’” the decision said.

“I find Vegas did not take any steps to pursue a hotel refund after receiving Sheraton Maui’s email,” the decision continued.

The travel agency was therefore ordered to refund the couple $1,851.36 for the hotel, as well as $100 for a hotel shuttle.

“In summary, I find Vegas negligently performed its services as a travel agent,” Drozdiak wrote, ordering the company to pay a total of $2,110.16 in damages.

In addition, the couple was awarded $262.47 in pre-judgment interest and $125 for tribunal fees.