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
BREAKING Security guard shot, seriously injured outside of Drake's Toronto mansion
A security guard working at Drake’s Bridle Path mansion in Toronto was seriously injured in a shooting outside the residence early Tuesday morning, police said.
King Charles too busy to see son Prince Harry during U.K. trip
Prince Harry will not be seeing his father King Charles during his current visit to Britain as the monarch will be too busy, Harry's spokesperson said on Tuesday.
Your body needs these three forms of movement every week
Movement is movement, right? Not exactly. Here’s what your body is looking for in addition to your morning walk or yoga session, according to experts.
'It looked so legit': Ontario man pays $7,700 for luxury villa found on Booking.com, but the listing was fake
An Ontario man says he paid more than $7,700 for a luxury villa he found on a popular travel website -- but the listing was fake.
Canadian cadets rock mullets and place second at U.S. military competition
Sporting mullets, Canadian Armed Forces officer cadets placed second in an annual military skills competition in the U.S.
The Met Gala was in full bloom with Zendaya, Jennifer Lopez, Mindy Kaling among the standout stars
The Met Gala and its fashionista A-listers on Monday included Jennifer Lopez, Zendaya and a parade of others in a swirl of flora and fauna looks on a green-tinged carpet lined by live foliage.
Quebec to limit sperm donations per donor after 3 men from same family father hundreds of children
Quebec is looking at tightening the regulations around sperm donation in the province following the release of a documentary that revealed three men from the same family fathered hundreds of children.
How to overcome 'savings guilt' when you're living paycheque to paycheque
As the higher cost of living continues to squeeze household budgets, many Canadians find they have even less left over at the end of every month to squirrel away for the future.
There's actually no such thing as vegetables. Here's why you should eat them anyway
The rumours are true: Vegetables aren't real — that is, in botany, anyway. While the term fruit is recognized botanically as anything that contains a seed or seeds, vegetable is actually a broad umbrella term.