The carrier canceled more than 800 flights between June 27 and July 2, affecting tens of thousands of passengers. Some cancellations were announced in the days before the Aircraft Mechanics Fraternal Association (AMFA) strike, but most came after the strike went into effect.
This text is the translation of an article from CTV News.
Marty Firestone, president of travel insurance agency Travel Secure Inc., estimates the total cost to customers from canceled flights and related expenses could run into the millions and millions of dollars.
“I really think people are going to lose a lot of money, not to mention all the additional costs. [s’ils] “If people didn’t get back to work on time or people didn’t get to the cruise ships on time,” Firestone told CTV News Channel Monday. “It’s only going to get worse.”
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Here are the types of compensation and support passengers affected by the cancellations could be entitled to, according to experts, and how to get it.
Flights cancelled outside of strike
On June 27, WestJet cancelled 25 flights as a precautionary measure “in anticipation of a threatened strike by aircraft maintenance engineers and other technical operations employees.” This series of cancellations affected 3,000 passengers.
Under Canada’s Air Passenger Protection Regulations (APPR), airlines have different minimum obligations to passengers depending on whether the delay or cancellation was within the control of the carrier, within the control of the carrier but necessary for safety, or beyond the control of the carrier.
Gabor Lukacs, president and founder of consumer advocacy organization Air Passenger Rights, said cancellations made before the strike on June 27 should be considered within WestJet’s control.
“It’s the airline that makes a commercial or strategic decision as a negotiating technique to cancel flights in advance,” he said in an interview with CTV News Channel on Monday, “and the airline is required to rebook passengers on its own network or its partners’ networks within nine hours of the original departure time. Failing that, they are required to buy the passenger a ticket on a competing airline.”
He added that when a cancellation is deemed to be within the airline’s control, the airline is required to provide meals, accommodation and cash compensation of up to $1,000 per passenger for inconvenience, depending on the length of the delay suffered by the passenger as a result of the cancellation.
In this case, the airline must refund the plane ticket within 30 days and pay $400 as compensation for the inconvenience suffered.
However, Mr Lukacs clarifies that once a passenger has accepted a refund, the airline is no longer responsible for their expenses if they decide to continue their trip.
“So I would be very careful about accepting or even asking for a refund.”
-Gabor Lukacs, President and Founder of Air Passenger Rights
Firestone said a couple whose WestJet flight was cancelled over the long weekend are currently facing the same problem. He said the couple spent $8,800 to book a last-minute flight with another carrier.
“If he checks that he accepts the refund, how will he get the $8,800 for the new plane ticket back? How will he get the $600 per night hotel and the many other expenses for food and such?”
“That’s the scariest thing right now. Are you accepting the refund? Does that exempt WestJet from any additional costs or not?”
Flights cancelled during strike
AMFA members officially went on strike last Friday, leading WestJet to cancel additional flights. By noon Sunday, the carrier had canceled more than 800 flights, affecting tens of thousands of passengers. Although the strike ended that day, the blow had already been dealt to travellers.
“In this situation, if the carrier cannot do anything about it, its only obligation is to rebook the passenger on its own network or on its partners’ flights, within 48 hours from the original departure time,” Lukacs said. If the airline fails to do so, Lukacs said it is required by law to buy the passenger a ticket for the next available flight with a competing airline.
As in the case of cancellation for reasons within the airline’s responsibility, passengers can opt for a refund if they decide not to continue their trip.
What happens if I can’t reach WestJet?
WestJet is legally required to offer these options to passengers whose flights have been cancelled, but what happens if you’re still left stranded?
“First of all, you have to determine whether WestJet is not meeting its legal obligations. That is, it’s not picking up the phone, it’s not rebooking,” says Lukacs.
“At that point, you go buy yourself a ticket, you keep the receipt, you keep all your receipts for good measure. Then, once you get back to Canada, you send an email to WestJet.”
Lukacs says the email should include flight numbers, dates and times of cancelled flights, reasons why the airline failed to meet its obligations — for example, it didn’t reschedule your flight within 48 hours — what you spent to resolve the issue, copies of all relevant receipts and a request for reimbursement of all eligible expenses within 30 days.
“On the 31st day, if there’s still no payment or they refuse to pay, just take them to small claims court, like you would for a small car accident,” Lukacs said.
“It can take a few months or even a year, but the judges in small claims court are fair, they look at the law and make a decision that is within the law for the passengers.”
