WestJet Strike: Flight Cancelled? What Are Your Rights?

The WestJet mechanics strike may be over, but for passengers seeking compensation for flights cancelled before and during the strike, the battle is only just beginning.

The airline canceled more than 800 flights between June 27 and July 2, affecting tens of thousands of passengers. Some cancellations were announced in the days leading up to the Aircraft Mechanics Fraternal Association (AMFA) strike, but most came after it went into effect.

Marty Firestone, president of travel insurance agency Travel Secure Inc., estimates the total cost to customers from canceled flights and related expenses could run into the “millions and millions of dollars.”

“I really think people are going to lose a lot of money, not to mention all the ancillary costs (if) they don’t get back to work on time or don’t get to the cruise ships on time,” Firestone told CTV News Channel Monday. “It’s just going to balloon.”

Here’s what types of compensation and support passengers affected by the cancellations could be entitled to, according to experts, and how to claim it.

Flights cancelled outside of strike

WestJet cancelled 25 flights on June 27, “in anticipation of a threatened strike by aircraft maintenance engineers and other technical operations employees.” The series of cancellations affected 3,000 passengers.

Under Canada’s Air Passenger Protection Regulations (APPR), airlines have different minimum obligations to passengers depending on whether the delay or cancellation is attributable to the carrier, the carrier but necessary for safety reasons, or the carrier’s control is beyond its control.

Gabor Lukacs, president and founder of consumer advocacy organization Air Passenger Rights, says cancellations made before the June 27 strike should be considered within WestJet’s control.

“It’s a commercial or strategic decision by the airline as part of a negotiating technique to cancel flights in advance,” he said in an interview with CTV News Channel on Monday, “and the airline is forced to reschedule the passengers on its own network or partners within nine hours of the original departure time. Otherwise, they’re forced to buy the passenger a ticket on a competing airline.”

He added that when a cancellation is deemed to be within the airline’s control, the company is required to provide meals, accommodation and up to $1,000 in cash compensation per passenger for inconvenience, depending on how long the passenger is delayed due to the cancellation.

Passengers in these cases are also entitled to a refund if they choose not to continue traveling, in which case the airline must refund their original airfare within 30 days, plus pay $400 as compensation for the inconvenience.

However, Lukacs warned that once a passenger accepts a refund, the airline is no longer responsible for their expenses if they choose to continue traveling.

“So I would be very cautious about accepting or even asking for a refund,” he said.

Firestone said he has two clients whose WestJet flight was cancelled over the long weekend who are currently dealing with this issue. He said the couple spent $8,800 to book a last-minute flight with another carrier.

“If he decides to just take the refund, how is he going to get the $8,800 back for the new plane ticket? How is he going to get the $600 a night for hotels and the many other expenses for food and such?” he asked.

“This is the scary part right now. Do you accept the refund? Does that release WestJet from any additional charges or not?”

Flights cancelled during strike

AMFA members officially went on strike last Friday, prompting WestJet to cancel additional flights. By noon Sunday, the carrier had cancelled more than 800 flights, affecting tens of thousands of passengers. Although the strike ended that day, the blow to travellers had already been dealt.

“In this case, if the situation is beyond the control of the carrier, its only obligation is to book a new ticket for the passenger on its own network or on its partners’ flights, for departure within 48 hours of the original departure time,” Lukacs explained. If the airline cannot do this, it is legally obliged to buy the passenger a ticket for the next available flight on a competitor.

As with cancellations for reasons beyond the airline’s control, passengers may opt for a refund if they choose not to continue traveling.

What should I do if I can’t reach WestJet?

WestJet is legally required to provide these options to passengers whose flights have been cancelled, but what if you’re still left in the lurch?

“First of all, you have to document whether WestJet is not meeting its legal obligations. That is, not answering the phone, not rebooking,” Lukacs said.

“At that point, you go out and you buy a ticket, you keep the receipt, you keep all your receipts for good measure. Then, once you get back to Canada, you send an email to WestJet.”

Lukacs said the email should include flight numbers, dates and times of canceled flights, how the airline failed to meet its obligations — for example, by not rebooking your flight within 48 hours — what you spent to resolve the problem, copies of all relevant receipts and a request for reimbursement of all eligible expenses within 30 days.

“On the 31st day, if there is still no payment or they refuse to pay, just send them a document to small claims court, the same way you would for a small car accident,” Lukacs said.

“It may take a few months or maybe a year, but the judges in small claims court are fair and they will look at the law and decide according to the law for the passengers.”