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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Golf season a summer tourism driver in Canada
Golf is a sign of spring and summer and a major driver for seasonal tourism, experts say.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
The kids from 'Mrs. Doubtfire are all SUPER grown up now, and we're not OK
The adorable trio of child actors from the 1993 classic comedy 'Mrs. Doubtfire,' which starred the late and great Robin Williams, are all grown up and looking back on their seminal time together.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.