Chad Rose was slated to take a day flight from London, Ont., to Ottawa when WestJet cancelled his journey the day of.
The airline put him in a taxi to Toronto’s Pearson airport throughout rush hour for a night departure as an alternative. However at midnight, it too was cancelled after an hours-long delay WestJet attributed to crew constraints, Rose mentioned.
He acquired a meals voucher for late-night airport fare, however no lodge coupons had been left after an hour in line.
“I felt like Tom Hanks in ‘The Terminal,’ type of wandering round aimlessly,” Rose mentioned of the expertise from June 2022.
After being rebooked on a flight the subsequent day, Rose lastly arrived within the capital greater than 18 hours later than scheduled.
He filed a declare for compensation with WestJet, however the airline rejected it, saying the delays had been for mechanical causes and thus exempt from compensation necessities below the Air Passenger Safety Rules.
For a lot of, determining when and tips on how to file for compensation — a lot much less contesting an end result — may be an unfamiliar and daunting activity.
Travellers entitled to $400 if flight is late by 3 hours
Compensation — distinct from reimbursement — is owed by an airline if a flight is cancelled lower than 15 days earlier than take-off or delayed by at the very least three hours for causes throughout the provider’s management. Crew shortages or routine technical points qualify as inside its management, whereas climate, safety threats and strikes don’t.
A trigger that’s “required for security functions,” resembling mechanical issues, additionally doesn’t require compensation, in keeping with the rules. Nevertheless, the rights constitution is presently being overhauled, together with this provision.
“‘Technical points’ are extra tough — it’s at all times throughout the provider’s management, however relying on whether or not it was sudden or not, it could or will not be categorised as a ‘security’ challenge below the APPR,” mentioned Air Passenger Rights advocacy group president Gabor Lukacs.
Assuming the explanation was throughout the airline’s management, travellers are entitled to $400 if a flight arrives three or extra hours late, $700 if it lands six hours late, and $1,000 if it touches down nine-plus hours late. For smaller airways resembling Lynx Air and Sunwing Airways, decrease quantities are mandated. Air Canada, WestJet, Air Transat and Aptitude Airways are all categorised as massive.
To use for compensation, a easy internet search with the phrases “compensation declare” adopted by the title of the airline ought to deliver up a hyperlink to the corporate website the place prospects can fill out a kind.
Airways have 30 days to answer and should embody an evidence for a rejection. If the declare, which should be filed inside a yr of the flight disruption, is turned down, travellers have a number of choices.
Small claims courtroom an choice
One is to submit a grievance on-line to the Canadian Transportation Company. The method consists of an eligibility evaluation by a complaints decision officer, who then leads a mediation stage — if each events agree — that can lead to a compensation deal.
Ought to an settlement fail to materialize, the mediator will challenge a ultimate determination inside 90 days of the beginning of the method. Nevertheless, the complaints backlog is so lengthy — 63,600 as of Jan. 10 — that it may well take a year-and-a-half for the method to “begin.”
A second choice is to go to small claims courtroom, after or as an alternative of the transportation company. Whereas no assure of success, this avenue ends in faster and generally larger compensation, in keeping with Lukacs.
He and different advocates have expressed concern that the CTA tends to favour airways over prospects.
“Even in provinces the place there’s a protracted (courtroom) backlog, nonetheless, it’s sooner than going to the CTA,” mentioned Lukacs, whose group presents on-line guides on tips on how to navigate complaints.
“However finally, every particular person must make their very own determination on this.”
For passengers who’re turned away on the gate — normally as a result of the flight is oversold — an airline should pay $900, $1,800 or $2,400, relying on whether or not they arrive at the very least three, six, or 9 hours late at their vacation spot.
What to do in case your baggage is broken
In all denied boarding instances throughout the airline’s management — besides these required for security, resembling a seat malfunction — the airline should compensate travellers for the inconvenience.
Rose mentioned he was annoyed, however undeterred: “The ego and precept aspect of me wished to battle this to the tip.”
After submitting a lawsuit, he ultimately settled with the airline, signing a non-disclosure settlement within the course of. (WestJet has mentioned it doesn’t touch upon NDAs.)
If baggage takes greater than 21 days to be returned, they’ll file a declare that spells out the prices ensuing from the lacking gadgets throughout that interval, as much as $2,350. The preliminary declare should be filed not more than three weeks after the baggage arrived on the doorstep.
Misplaced or broken baggage can yield compensation as much as the identical quantity. Nevertheless, the airline doesn’t should pay if the harm “resulted from the standard of your baggage,” in keeping with the transportation company.
In the meantime, prospects are additionally entitled to a refund when the airline cancels a flight or delays it three-plus hours. Separate from any potential compensation, the refund kicks in in the event that they decide to not re-book the cancelled journey or settle for the tardy takeoff.
Friends can sometimes make the request at a service counter within the airport or on the web site of the provider or journey company the place the flight was booked. Rejection of this demand leaves passengers with the identical choices they’ve when in search of compensation: submitting through the transportation company or the courts.
