Several thousand Canadians are facing delayed flights due to a technical problem at Sunwing Airlines Inc., leaving some stranded and others out of pocket as they try to return from or travel abroad.
The Toronto-based airline said a network outage at the check-in system provider had delayed many flights since Sunday afternoon. As a result, the company has to manually check passengers for their flights, writing boarding by hand.
The technical problem has blocked passengers and delayed the start of holidays for others, leaving many wondering what rights they have in situations like these.
In Canada, air passengers could potentially be compensated for flight delays and cancellations under the Passenger Protection Act (APPR).
If the flight is delayed or canceled and the cause is under the control of the airline and is not related to safety, passengers are entitled to a “specific standard for treatment, compensation and re-reservation or refund” according to APPR.
CTVNews.ca breaks down what rights passengers have in case of flight delay or cancellation and how to receive compensation.
When are passengers entitled to compensation?
According to APPR, passengers are entitled to compensation if the flight is delayed for more than three hours due to a problem that is under the control of the carrier, but not related to safety.
Under federal rules, an airline is liable for costs or damages caused by flight delays, unless the airline can demonstrate that it has taken all reasonable steps to prevent the incident.
This applies to all flights to, from and within Canada, including transfer flights.
What compensation are passengers entitled to?
The amount of compensation for air passengers depends on whether the airline is classified as a large or small carrier.
Large airlines are considered to be those that have carried more than two million passengers in each of the previous two years, according to APPR. This would include Air Canada and British Airways, for example.
All other airlines are considered small carriers. Until January 12, 2022, Sunwing was considered a major carrier, but after that date, its classification was changed to minor.
With a large carrier, passengers are entitled to $ 400 for a delay of three to six hours, $ 700 for a delay of between six and nine hours and $ 1,000 for a delay of more than nine hours, according to APPR. For small carriers, passengers are entitled to $ 125, $ 250 and $ 500 for these delay times, respectively.
Under federal regulations, passengers must also be reimbursed up to $ 2,400 if they are denied boarding because the trip was overbooked, and receive up to $ 2,100 for lost or damaged luggage.
Airlines may also be subject to any other costs incurred by passengers due to delays, such as parking or lost wages.
What compensation are you entitled to at the airport?
After a two-hour delay, airlines are required to provide “reasonable quantities” of food and drink, as well as a means of communication such as free Wi-Fi.
If passengers have to wait one night for their flight, the airlines must offer a free hotel or other similar accommodation, as well as free transport to the accommodation.
When a flight is canceled or after a delay of three hours, the airlines are obliged to offer alternative journeys “in the same class of service and on a reasonable route”. According to federal rules, the airline must re-book the passenger for the next available flight performed by them or by an airline with which they have a commercial agreement.
For disruptions other than those beyond the control of the airline, the passenger will be entitled to a refund instead of re-booking if the proposed arrangements do not meet his travel needs or there is no longer any purpose for the trip due to the interruption.
What is the process for filing a claim for compensation?
In order to receive compensation for flight delays or cancellations, passengers must file a claim with the airline in writing within one year from the date of the accident. Some airlines allow you to file a claim directly on their websites.
According to APPR, the airline has 30 days to respond by making a payment or telling the passenger why it believes no compensation is due.
Airlines are required to offer compensation in cash, such as cash, a check or a deposit in a bank account. Airlines may offer other forms of compensation, including vouchers or discounts, but they must be higher than the monetary compensation and cannot expire.
The airline must inform passengers in writing of the amount of compensation due to them and the value of any other form of compensation offered.
APPR says passengers have the right to choose the form of compensation they want. However, when choosing another form of compensation, passengers will be required by the airline to confirm in writing that they know that financial compensation is available and that they choose to waive it.
What are the next steps if the airline refuses compensation?
If the airline does not respond to a claim within 30 days, passengers can file a complaint with the Canadian Transportation Agency (CTA) or go to small claims court.
Gabor Lukacs, a defender of Canadian air passengers and president of the non-profit organization Air Passenger Rights, told CP24 on Tuesday that filing a lawsuit against a major airline is not always easy and sometimes passengers will have to go to court to get the compensation they deserve. .
“On the 31st day, I would just submit to the airline court documents for small claims. There is no point in disputing it, “Lukac said. “Once they know you mean business, once they know you’re actually ready to go a step further, they’ll come to their senses.”
While APPR advises passengers to do so, Lukacs does not offer passengers to seek help from the CTA.
“We recommend that you go to the provincial courts for small claims, because there you will get a fair hearing,” he said.
Under federal rules, airlines have a legal obligation to inform passengers of delays and cancellations, as well as their rights in such situations.
However, Lukacs said passengers should do their own research.
“They should never rely solely on what the airline tells them,” he said. “Don’t ask the airline about your rights, but tell the airlines what your rights are and ask them to respect them.
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