December 23, 2022. A flight from Halifax to Toronto is canceled due to weather conditions and rescheduled to December 25. Although this cancellation is necessary for safety reasons, a Canadian family is receiving compensation from WestJet airline. Is this normal, doctor?
According to a ruling by the Nova Scotia Small Claims Court, a total of $400 was paid for each ticket purchased by this family. However, this compensation was not received for the cancellation of the first flight, but for the second flight on December 25, whose departure was delayed by more than three hours.
WestJet, the airline that operated this flight, attempted to defend itself, claiming that the delay of the two flights had to coincide and was justified by weather conditions. The court rejected this reasoning because the delay of the second flight was due to the airline’s lack of staff.
When is compensation possible?
This compensation was granted under the Passenger Protection Regulation that came into force on December 15, 2019. According to this regulation, travelers are entitled to compensation in the event of delays, cancellations or refusal of travel.
This compensation is payable if the delay is due to the fault of the carrier and is more than 3 hours. This rule applies if the traveler is notified 14 days or less in advance.
Here is the compensation provided for in the Air Passenger Protection Regulation:
- If there is a delay of 3 to 6 hours:
- $400 if it is a major carrier;
- $125 if it is a small carrier;
- If there is a delay of 6 to 9 hours;
- $700 if it is a major carrier;
- $250 if it is a small carrier;
- If the delay is 9 hours or more:
- $1,000 if it is a major carrier;
- $500 if it is a small carrier.
In the event of denied boarding due to the carrier’s fault – for example, if too many tickets are sold for the number of seats available on the aircraft – the compensation is higher.
The amount can be $900 if the arrival time at the destination is delayed by less than 6 hours, and up to $2,400 for a delay of 9 hours or more.
Other responsibilities of the carrier
If the delay, regardless of the reasons, is communicated less than 12 hours before departure, the carrier must provide free food and water in reasonable quantities and a means of communication after 2 hours of delay. It must also provide accommodation and transportation to that location if the delay continues overnight.
In addition, in the event of a delay of 3 hours or more, cancellation or denied boarding, an airline must offer an alternative flight.
Have you faced such issues and not received any compensation? Well, your case is not an isolated one, as earlier this year an application was filed for approval of a class action lawsuit against Air Canada, which allegedly refused to compensate passengers under this new legislation.
Informative text – This text does not constitute legal advice; It is recommended that you consult a lawyer or notary for such an opinion. Éducaloi is a non-profit organization whose mission is to inform Quebecers in clear language about their rights and responsibilities.