After all, his wife and traveling companion, Irma De La Luz Perez, had already applied for and received $1,000 in compensation for the same flight. But to his surprise, WestJet dismissed van der Veen’s claim, stating that the flight disruption was due to “an operational issue” beyond the airline’s control. “[I’m] disappointed and kind of bewildered,” he said. “Why should they pay one and not the other if we’re on the same flight?” CBC News interviewed three WestJet passengers and two Air Canada passengers who, when they applied for compensation, were flatly denied – even though their travel partner received $1,000 for the same flight disruption. “The rules don’t work,” said Air Canada passenger Dave Marrone. After a flight cancellation in August, Marrone’s wife and travel partner, Kielyn, was awarded $1,000 in compensation for what resulted in a 19-hour delay on their return trip from London to Sudbury, Ont. But Air Canada rejected Marrone’s claim for the same flight, telling him the cancellation was either beyond the airline’s control or safety-related. “It seems to be a real grab bag of how it’s implemented, how it works and who gets reimbursed,” said Marrone, who lives just outside Espanola, Ont. Kielyn and Dave Marrone were delayed by 19 hours on their way home from a trip to the UK in August. When they applied to Air Canada for compensation, only Kielyn received $1,000. (Dave Marrone) Under federal rules, airlines must pay compensation — up to $1,000 — only if a flight delay or cancellation is within an airline’s control and not required for safety reasons. After the travel chaos this spring and summer caused many flight delays and cancellations, many passengers complained to CBC News that they were unfairly denied compensation. Since April, more than 19,000 air passengers have filed complaints with the Canadian Transportation Agency (CTA) about flight disruptions, according to the agency. The flood of complaints prompted Transport Minister Omar Alghabra to repeatedly warn transporters to abide by the rules. “Airlines must respect the rights of travelers and compensate travelers who are eligible,” he said during a transportation committee hearing in August.
Airlines are responding
Both Air Canada and WestJet have repeatedly told CBC News they are abiding by air passenger regulations. About two hours after CBC News inquired about Marrone’s case, Air Canada informed him that it had re-evaluated his claim and that he would receive $1,000 in compensation. In another case, Air Canada compensated passenger Bob Hayes last week — four months after he complained he was denied compensation, even though his fiance got $1,000 for the same 24-hour flight delay in June. “It was frustrating,” said Hays, who lives in Prince Rupert, BC, “It’s almost comical, but it’s not comical that two people can be on the same flight and make different decisions.” In an email, Air Canada spokesman Peter Fitzpatrick blamed both mismatches on “a processing error.” WATCHES | Airlines launch legal battle over customer compensation decisions:
Air Canada, WestJet fight customer compensation rulings
Both WestJet and Air Canada are launching legal battles to appeal recent rulings ordering them to compensate passengers. Experts say that if the airlines are successful, it could affect other claims. WestJet said it had made a mistake in the cases of all three passengers interviewed by CBC News, but that in two cases, including van der Veen’s, the airline had mistakenly paid $1,000 to the passengers’ travel partners. “We apologize for the confusion and understand the frustration any discrepancies may have caused,” spokeswoman Madison Krueger said in an email. This means that van der Veen will not get any cash. However, he still believes he is owed compensation because WestJet never provided details about the “operational issue” beyond its control that caused his flight to be canceled. “What are they talking about?” van der Veen said. “It’s a bit of a show gong.” Paul Stephenson and Lisa’s head were delayed 18 hours on their way back from London. When they applied to Air Canada for compensation, only Head received $1,000. (Paul Stephenson) After a CBC News investigation this week, one WestJet passenger was awarded $1,000 in compensation: Paul Stephenson of Salt Spring Island, B.C. in January. In March, WestJet told Stephenson he was ineligible for compensation because his flight layoff had been affected by weather. Then in April, after he pointed out that his partner got compensation for the same flight, WestJet again rejected Stephenson’s claim and said the case was closed. “It’s very poor customer service,” he said. “Transport Canada needs to push the airlines a lot harder and enforce the compensation regulations.”
WestJet hit with fines
In September, the CTA – Canada’s transportation regulator – imposed its first fines on an airline for violating compensation regulations. The recipient, WestJet, was fined 55 violations in January for failing to provide compensation or an explanation for denying compensation within 30 days of the passengers’ claim. The 55 fines ($200 each) totaled $11,000. Former Air Canada executive John Gradek argues that’s not enough of a deterrent for a major airline. “It’s really just a symbolic slap on the wrist to basically say, ‘Naughty boys — or girls,’” said Grendek, a lecturer and program coordinator for the aviation management program at McGill University. He said the CTA should turn to the U.S. Department of Transportation, which this week announced it is assessing more than $7.25 million in penalties against six airlines for “extreme delays” in providing flight refunds. “You have to get the attention of the airlines,” said Grandek. “The US Department of Transportation is now saying, ‘OK, we’re playing hardball.’” WestJet did not comment on the fines. The CTA said if the airline commits the same violation again within the next four years, it will face stiffer penalties. The agency added that, in terms of consumer protection, its main goal is to resolve passenger complaints to help them get what they are entitled to. Van der Veen has filed a complaint with the CTA and hopes he will eventually receive the compensation he believes he is owed. Under the new air passenger regulations, the amount of compensation for flight interruption will be based on the time a traveler is delayed before reaching their final destination. (CBC)
