WestJet flight delays, cancellations force couple to miss 2-day trip

The Ontario couple had planned to celebrate their anniversary in February at a resort in Jamaica. Despite carefully planning the trip, their WestJet flight out of Toronto Pearson International Airport was suddenly cancelled.

“Why did it disappear?” I asked. They said we have to contact WestJet to find out,” Michelle Fraser of Etobicoke told CTV News Toronto.

Fraser and her husband told Victor that they could fly out the next day, so they decided to book a hotel near the airport. But when they arrived at Pearson the next day, they were told that the afternoon flight had been delayed.

By the time they flew to Jamaica, it was late, and their flight delay forced them to miss two full days of their seven-day vacation.

“We didn't have time to do anything with the two days we missed. I wanted to be with my husband's family, but we had to cut our trip short because we had other plans for our trip,” Fraser said.

According to Air Passenger Protection Regulations, if a major airline flight is delayed for three to six hours, travelers will receive $400 in compensation. Flyers get $700 if it's between six and nine hours, and $1,000 if it's longer.

The Frasers petitioned WestJet for $1,000 each, but their claims were rejected.

“They took two days after I was in Kingston, where I was meeting my family, and it shocked me. They said there was no compensation because it was a plane issue,” Fraser said.

The Ontario couple had planned to celebrate their anniversary in February at a resort in Jamaica. However, despite careful travel planning, their WestJet flight out of Toronto Pearson International Airport was suddenly cancelled.A WestJet spokeswoman confirmed Frasers' flight was canceled and delayed due to “unscheduled maintenance for safety reasons”.

“We understand the guest's frustration with the delay to Kingston, but WestJet is required to comply with the APPR requirements set by the Canadian Transportation Agency and a safety-requested cancellation is not compensable under the regulations,” the statement said.

“According to the guidelines, compensation for inconvenience is only applicable for delays and cancellations within the control of the airline. The two flights involving Mr. Fraser were canceled and delayed due to security reasons beyond WestJet's control.”

Gabor Lukacs, president of Air Passenger Rights, said there are many loopholes in the compensation rules that airlines can use to avoid payment.

“The main problem is an unreasonably complex and impractical mode of passenger transport designed for failure,” Lukacs said.

WestJet could have paid for the tickets with a competing airline, Lukacs said, so the Frasers could have gotten to Jamaica sooner.

He advises passengers to document delays and cancellations as much as possible to help prove their case, and suggests going to small claims court if travelers can't get compensation through the airline.

“If the airline refuses to compensate you as required by law, like any other breach of contract, you can file a small claims lawsuit,” Lukacs said.

Fraser believes he deserves compensation for the two missed days of the holiday.

“I want them to refund me for the two days I missed. Don't hide behind politics, be a community and respect the public,” Fraser said.

Air travelers in Europe have far more protections than Canadians. Under their system, if there are flight delays due to maintenance issues, they must compensate customers for the delays.