Ontario couple missed 2 days of their week-long vacation due to a flight delay and cancellation. Here's why they were denied compensation
An Ontario couple planned to celebrate their anniversary at a resort in Jamaica in February. Despite meticulously planning the trip, their WestJet flight out of Toronto Pearson International Airport had been abruptly cancelled.
"I asked, 'Why was it cancelled?' They said we would have to contact WestJet to find out," Michelle Fraser of Etobicoke told CTV News Toronto.
Fraser and her husband, Victor, were told they could fly out the next day, so they decided to book a hotel near the airport. But when they arrived at Pearson the following day, they were told their afternoon flight was delayed.
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
By the time they flew into Jamaica, it was late, and their flight delays forced them to miss nearly two full days of their seven-day vacation.
"There wasn't time to do anything with those two days that we missed. I had wanted to visit with my husband's family, but we had to cut our visit short because we had also made other plans for our trip," said Fraser.
Under Air Passenger Protection Rules, if a large airline's flight is delayed by three to six hours, travellers receive $400 in compensation. If it's between six and nine hours, fliers receive $700, and longer than that, $1,000.
The Frasers applied to WestJet for $1,000 each, but their claim was denied.
"They took two days away [from] my stay in Kingston, where I was getting to know my family and I was really ticked off that that happened. They are saying there is no compensation because it's an aircraft issue," said Fraser.
An Ontario couple planned to celebrate their anniversary at a resort in Jamaica in February. Still, despite meticulously planning the trip, their WestJet flight out of Toronto Pearson International Airport had been abruptly cancelled.A spokesperson for WestJet confirmed the Frasers' flight was cancelled and delayed due to "unscheduled maintenance for safety purposes."
"We understand the guest's disappointment with the delay in arriving to Kingston however, WestJet is obligated to follow the APPR set by the Canadian Transportation Agency, and a cancellation required for safety purposes is not eligible for compensation under the regulation," the statement reads.
"As per the regulations, compensation for inconvenience only applies for delays and cancellations fully within the airline's control. In the case of Mr. Fraser, both flights in question were cancelled and delayed due to safety reasons out of WestJet's control. "
Gabor Lukacs, president of Air Passenger Rights, said the regulations that deal with compensation have many loopholes that airlines can use to avoid paying.
"The overarching problem is that it's an unreasonably complicated and impractical air passenger regime, which is designed to fail," said Lukacs.
WestJet should have paid for tickets with a competing airline, Lukacs said, so the Frasers could have made it to Jamaica sooner.
He advises passengers to document delays and cancellations as best as possible to help prove their case and suggests going to small claims court if travellers aren't successful in receiving compensation through the airline.
"If the airline refuses to pay you compensation, as required by law, like any other breach of contract, you can go to small claims court," said Lukacs.
Fraser thinks they deserve compensation for the two missed days of their holiday.
"I want them to give back in monetary value for the two days I have missed. Don't hide behind policies, be communitive and respect the public," said Fraser.
Airline passengers in Europe have a lot more protection than Canadians do. Under their system, if there are flight delays due to maintenance issues, they must still compensate customers for the delays.
CTVNews.ca Top Stories
Teen was doing homework at family's Mississauga, Ont. restaurant when gunman opened fire: testimony
The 13-year-old sister of a young man killed in the attack on her family’s Mississauga restaurant in 2021 took the stand in a Brampton courthouse on Monday to describe the terrifying moments of coming under fire.
'Repetitive partisan conduct': Conservatives to force vote on ousting Speaker Greg Fergus
The federal Conservatives have advanced a motion that will force MPs to vote on whether to oust Greg Fergus as House of Commons Speaker, after MPs' deputy adjudicator ruled Monday that the Liberal member's allegedly errant partisan event invite required urgent attention.
Trial for B.C. man accused of killing, dismembering wife begins
The trial for a Langley man accused of killing his wife began Monday, with the prosecutor laying out a disturbing series of facts agreed upon by both Crown and defence.
Stars roar back to win Game 3 over Oilers
Jason Robertson's hat-trick goal midway through the third period broke a deadlock and proved to be the eventual winner as the Dallas Stars beat the host Edmonton Oilers 5-3 in Game 3 of the Western Conference Final to take a 2-1 series lead.
What a CBSA strike could look like, according to an expert
Slowed or interrupted travel, the passing of goods and significantly restricted borders should be expected if Canadian border workers take upcoming strike action.
WATCH Alta. man rescues wild foal trapped on steep cliffside
A man's daring rescue of a newborn wild foal that was trapped after falling down a steep embankment was caught on video over the weekend.
Severe thunderstorms, tornado watch in some areas of Canada. Here's where
Depending on where you live, you can expect to get a mixed bag of weather this week, as local forecasts predict heavy rain, strong wind, severe thunderstorms and even snowfall across some areas of Canada.
B.C. senior prepares to move due to devastating effects of fraud
A Courtenay, B.C., senior is downsizing and packing to move as she comes to accept she can no longer afford to stay in her home, after falling victim to a scam that robbed her of her life savings worth more than $100,000.
Israel close to approving Gaza reunification program before Rafah invasion: Miller
Immigration Minister Marc Miller says Israel seemed to be on the verge of approving a program to get Palestinian relatives of Canadians out of the Gaza Strip before the country's invasion of the town of Rafah.