WestJet owes compensation to travellers who rode bus: Passenger rights advocate

Many people are wondering whether they’re entitled to compensation after WestJet sent passengers from Calgary to Regina on a bus after cancelling their flight.

Air passenger rights advocate Gabor Lukacs says WestJet clearly broke air-passenger protection regulations by not rebooking passengers on its own network within nine hours of the cancellation or on a competitor airline’s next available flight, whichever is earlier.

“The air-passenger protection regulations do not permit (airlines) to replace flights with buses. There’s no provision in the law that would permit them to do that,” Lukacs said. “What has happened (with WestJet) is egregious and passengers should be compensated for it.”

Although there are some cases where airlines aren’t required to compensate passengers, Lukacs says this isn’t one of them.

“Even when an aircraft breaks down from maintenance issues, the airline is required to provide passengers with meals, accommodation and with alternate transportation by air,” he said. “Passengers should be seeking compensation both for the out-of-pocket expenses and for breach of contract.”

Lukacs also recommends asking for the $1,000 passengers would’ve been owed had WestJet provided the reasonable alternate transportation.

“In this case … the passengers’ situation was not caused in reality by the maintenance issue, (but) simply by WestJet refusing to fulfil its part of the deal,” the advocate said. “The passengers bought an airplane ticket, not a bus ticket.”

One passenger who spoke with 980 CJME said he was told he and his wife would’ve had to wait three days for the next available flight to Regina, something Lukacs doesn’t believe.

“The passengers could’ve been shipped to a different city and there’s also Air Canada,” he said. “There’s no requirement that the passengers be flown on a direct flight. WestJet is not the only airline connecting Calgary with Regina.”

Lukacs adds in such situations, WestJet is required by law to rebook passengers on Air Canada’s flights.

“This was not the case that it was impossible, rather WestJet didn’t want to because it would’ve been more expensive for WestJet,” he said.

Even if the first available flight was three days later, the airline would still be required to put the customers in hotels and pay for their meals for the duration of the delay.

If the passenger doesn’t want to wait until the next available flight and the airline offered it to them in the first place, they would then be allowed to voluntarily choose to waive their right to a flight and get on a bus instead, the advocate says.

“The law does not contemplate the airline offering a bus instead of a flight. That’s not in the cards of how the law is set up,” he said.

In this case, however, the passengers would still be entitled to compensation for meals and accommodation, Lukacs says.

“(Since) WestJet failed to even fulfil its most minimal obligation of providing an alternate flight, WestJet exposed itself to far larger liability,” he added.

Lukacs suggests passengers send WestJet a letter of demand asking for the compensation they are owed. If WestJet refuses to compensate them accordingly, they could take the airline to Small Claims Court.