Traveller loses, then wins, WestJet compensation game

Jim Mahoney was frustrated when WestJet denied his claim for compensation — despite being eligible — after a return flight from Puerto Vallarta, Mexico, to Winnipeg was cancelled last month.

He was incredulous a few hours later, when he learned the Calgary-based airline told two travel companions, who endured the same disruption, they were entitled to $1,000 each.

“I was happy for them, but just left with a really bad taste — that we’re out of pocket and we had the exact same experience,” said Mahoney, who went on vacation with his wife Heather and relatives.

“It’s like there’s got to be somebody spinning a wheel, and compensation is randomly done.”

Mahoney, from Niverville, was initially told the March 3 cancellation was due to crew availability. He said passengers were eligible for compensation, because it was a situation within the airline’s control.

He filled out a form on WestJet’s website and later received a rejection letter, which claimed the cancellation was due to unplanned aircraft maintenance for safety purposes.

Mahoney said the carrier didn’t respond to two emails seeking an explanation before he spoke to the Free Press about the situation.

Shortly after a reporter contacted WestJet Wednesday, the airline told Mahoney via email his claim — under federal Air Passenger Protection Regulations — was approved after a review.

He is eligible for $1,000, because his journey was delayed by more than nine hours.

“Even though it’s been settled, it took your intervention,” he told the Free Press.

WestJet apologized to Mahoney and his wife, who is still awaiting confirmation she will be compensated.

“Upon reviewing the file, we can confirm that the decision to deny compensation was made in error and we appreciate you bringing this incident to our attention so we can rectify it,” spokeswoman Julia Brunet wrote in an email.

“Even though it’s been settled, it took your intervention.”–Jim Mahoney

Mahoney, 52, said the situation should serve as a lesson or warning to travellers who are denied compensation, despite being entitled to it, for a flight delay or cancellation.

“I’m sure I’m not the only one, because that was a whole flight of people in the same boat,” he said.

Gabor Lukacs, president of the Air Passenger Rights advocacy group and an APPR critic, said he has heard of similar cases involving Canadian airlines.

“There is a problem with inconsistency,” he said.

Under APPR, airlines are required to provide compensation for flight delays or cancellations that are in their control and not related to safety. Payouts depend on the length of the disruption and size of the airline.

Carriers also face obligations to provide food and drink, and re-book passengers on the next available flight with their airline or a different company, depending on circumstances.

Had WestJet not corrected its mistake, Lukacs would have encouraged Mahoney to take the carrier to small claims court.

Mahoney was prepared to go that route, instead of seeking compensation through the Canadian Transportation Agency, a quasi-judicial tribunal and regulator, which has a record backlog of cases. APPR was introduced in 2019.

The backlog has climbed to more than 71,000, said CTA spokesman Jadrino Huot.

“I’m sure I’m not the only one, because that was a whole flight of people in the same boat.”–Jim Mahoney

 

The agency said the spike is being driven by an unprecedented number of new complaints (more than 43,000 in the 2023-24 fiscal year).

In September, the CTA set up a new complaint resolution process and hired more staff in a bid to reduce the backlog.

Huot said there are signs of progress — almost 12,000 complaints have been closed in just over six months, compared with 11,158 for the entire 2022-23 fiscal year.

The wait time for a complaint to be reviewed can be more than 18 months, CTA’s website states.

For the Mahoneys, the cancellation happened at the end of a two-week holiday. The initial email from WestJet said they would receive new flight details in about one hour, but Mahoney said that didn’t happen.

His daughter, who was at home, called and arranged new flights home on their behalf.

The Mahoneys and the other couple they were travelling with flew to Palm Springs, Calif., via San Francisco with a different airline.

WestJet gave each couple $200 for hotel rooms. Mahoney said the first room they booked had cockroaches, so they left and stayed at a different hotel. They paid out of pocket — in U.S. dollars — for the difference in price.

He said the airline didn’t offer vouchers for food or drinks.

“There is no compliance with the law, because airlines can get away with it.”–Gabor Lukacs

On March 5, they flew direct to Winnipeg via WestJet.

Mahoney said the compensation he received will cover travel-related expenses and lost wages for him and his wife.

Lukacs wants the CTA to get tougher on airlines that do not comply with APPR.

“Airlines are getting away with disobeying the law, because of a lack of enforcement by the federal government, and people seem to accept the law doesn’t mean anything,” he said. “There is no compliance with the law, because airlines can get away with it.”

chris.kitching@freepress.mb.ca