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
World No. 1 golfer charged with police officer assault before PGA Championship second round
World number one golfer Scottie Scheffler was arrested and charged with the assault of a police officer in what he called a 'chaotic situation' before being released in time to start his second round at the PGA Championship on Friday.
LIVE @ 11:30 MT Four 1970s homicides linked to serial killer, Alberta Mounties to reveal Friday
A dead serial sexual offender and killer has been linked to four homicides in the 1970s in Alberta, RCMP say.
With today's high rates, should you consider an interest-free halal mortgage?
A halal mortgage complies with the Islamic religious, or Shariah, law, which forbids the use of "riba" (interest). Here's what mortgage experts say those considering "no-interest" halal mortgages should know.
WATCH Infectious disease expert warns measles 'a very real threat'
A Canadian epidemiologist is warning the measles presents a 'very real threat' to public health if Canada doesn't maintain a high vaccination rate.
NEW What a wildfire survivor says she regrets not grabbing before leaving home
Carol Christian had 15 minutes to evacuate her home during the Fort McMurray wildfires in 2016. She ended up losing the house and everything inside. Now, she wants to share the lessons she learned.
Newly mapped lost branch of the Nile could help solve long-standing pyramid mystery
Egypt’s Great Pyramid and other ancient monuments at Giza exist on an isolated strip of land at the edge of the Sahara Desert.
Ontario sees first measles death in more than a decade after young child dies
A young child has died of measles in Ontario, marking the first death in the province from the highly contagious virus in more than 10 years, a Public Health Ontario report confirms.
Wildfires are dampening against cool, rainy weather, but there's plenty left to contain
An opportune system of cool, wet weather Friday is dampening the spread of wildfires across Western Canada, but there's still plenty of work for responders and residents alike.
Think twice before sharing 'heartbreaking' social media posts, RCMP warn
Mounties in B.C. are urging people to think twice before sharing "heartbreaking posts" on social media.