WestJet flight attendants are now on strike and the airline has suspended all its flights as of early Sunday morning.
“We remain committed to reaching a resolution,” the airline said on it’s website . WestJet has promised to manage the impact on the strike on its customers.
The airline says that includes continuing to offer flexible change/cancel policies for flyers with travel bookings from now until Aug. 4 who wish to make alternate arrangements. The company has not stated what it will do beyond Aug. 4.
What is WestJet required to do in the event of a labour disruption?
To determine what passengers are entitled to when a flight is delayed or cancelled, the Canadian Transportation Agency (CTA) looks at the airline’s “level of control.” Events considered within the airline’s control include scheduled maintenance, choice of aircraft and staffing schedules. For unplanned events that the airline can control but may pose a safety risk, passengers may be entitled to assistance, rebooking and refunds.
Under Canada’s Airline Passenger Protection Regulations, says the CTA, a labour disruption is considered a situation outside an airline’s control . As a result, customers are not entitled to cash compensation for their inconvenience.
However, says the CTA, the airline must rebook passengers on its next available flight or on the flight of an airline with which it has a commercial agreement. The flight must depart within 48 hours after the passenger’s original departure time. If the airline cannot rebook the passenger within 48 hours, the airline must, at the passenger’s choice, provide a refund or make alternate travel arrangements, free of charge.
A passenger could choose not to travel and opt for the full refund of a ticket. If a passenger makes this decision en route to their destination, the airline is required to also fly them back to their point of origin free of charge, according to the advocacy group known as Air Passenger Rights (APR). Meanwhile, under the Airline Passenger Protection Regulations, cash compensation for inconvenience is not owed in such cases.
What if a passenger’s flight was cancelled before the strike began?
APR says on its website that when an airline cancels a flight preemptively, before a strike begins, it must offer a choice between two options.
The first involves continuing to travel. In that case, the airline must rebook free of charge, on the next available flight operated by any carrier, including on competitors with which the airline has no formal business arrangement, on any reasonable air route from the passenger’s local or another one within a reasonable distance. In the latter case, it must provide transportation to the other airport. If an airline refuses to rebook a passenger on a competitor airline, says APR, then they may wish to buy a ticket on a competitor airline and hold the airline liable for the extra expense.
It must also, according to APR, provide meals and overnight accommodation awaiting for alternative transportation. And it must also provide cash compensation up to $1,000 per passenger for inconvenience, says APR, depending on the delay at the final destination compared with the originally scheduled arrival time, if notice of the cancellation is received 14 days or less before the originally scheduled departure date.
The second option involves a refund in the original form of payment, within 30 days, of all unused flight segments and segments that no longer serve any purpose. It also involves cash compensation of $400 per passenger for the inconvenience, says APR, again, if the passenger is notified about the cancellation 14 days or less before the travel date.
APR advises against agreeing to a refund if the passenger really wants to continue travelling. That option “relieves the airline of further responsibility for your travel. Booking a replacement flight often becomes more expensive as the travel date approaches. Accepting a refund and rebooking on your own may leave you out of pocket because of the airline’s conduct.”
APR advises passengers to record their interactions with an airline. Evidence of actions and omissions, including refusal to offer compensation or rebooking, may turn out to be crucial for enforcing a passenger’s right to compensation.
What if a passenger is flying internationally?
If a passenger’s itinerary includes at least one international segment, says APR, the airline is liable for damages incurred as a result of a delay. This includes flights to or from the U.S. That means in addition to offering you a choice between the options noted above, the airline must also compensate for reasonable expenses incurred such as meals, ground transportation, accommodation, lost wages, prepaid hotel nights or events missed at the destination, and any other loss a passenger may have incurred as a result of the delay.
The source of passenger rights involving international flights is known as the Montreal Convention . It provides that an airline can avoid liability for a delay by proving that it and its agents took all reasonable measures to prevent the delay, or that no such measures were available. APR says on its site that an airline “may attempt to deny compensation on the basis of this exception, (but) it is unlikely to succeed” should a passenger pursue a case in the courts.
What are an airline’s communication responsibilities?
An airline must provide information generally about a flight issue, compensation and any available recourse, including passenger options, such as making complaints with the CTA.
If a passenger complains that an airline did not meet its obligations during a flight disruption , the CTA will expect the airline “to provide documentation showing the assistance and compensation they provided affected passengers, if any, and how they communicated with them.” The CTA website provides extensive details about making an air travel complaint .
Ultimately, says APR, a passenger may want to take a complaint before small claims court, as described in a previous National Post story about an Ottawa man who pursued his case and won $15,000 in compensation.
What is WestJet saying it will do?
The airline says on its website that if flight delays or cancellations occur, affected customers “will be refunded or accommodated, as applicable. Guests who booked directly with WestJet will be directly communicated via the email address provided at the time of booking for any changes to their travel.”
Flexible flight changes include a one‑time $0 change fee and the difference in fare price is waived, unless changing fare type, cabin or destination. Travel must be completed within 60 days of the original departure.
Passengers whose flight is part of a WestJet Vacations, Sunwing Vacations, or Vacances WestJet Quebec package are asked to contact those services directly to make changes. WestJet provides direct links to them on its website .
A customer who has booked through a travel agent, third-party (such as Expedia or Air Miles), a corporate travel arranger, or another airline, is asked to contact those providers directly.
What about refunds?
WestJet advises customers to review the fare rules as they apply to the fare paid to see if they will receive a refund for the original form of payment, or as a travel bank credit, adding that WestJet points, Travel Bank credits, and companion vouchers are returned when applicable.
Are other airlines doing anything for WestJet customers?
Air Canada says it is working with WestJet to accommodate affected travellers. In an update on its website , Air Canada says it is collaborating with WestJet to provide seats on Air Canada flights for customers whose travel plans may be disrupted.
Air Canada says travellers who have not been rebooked by WestJet must contact WestJet directly to discuss their options. They also have the option of purchasing a new Air Canada ticket.
Otherwise, customers who have already been rebooked by WestJet onto an Air Canada flight will find dedicated check-in counters at the airport. Those passengers can also manage their reservation online, including selecting seats and checking in within 24 hours of departure.
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