Flair customer takes airline to court for not replying to her calls or emails

A BC woman sued Flair Airlines after it wouldn’t answer her calls or emails about bringing her dog on a flight.

The debacle began when Deborah Roberts bought a Flair ticket on July 27, 2021, for travel six days later on August 2, according to a small claims court document posted online Thursday.

She bought the $458 ticket through a third party and told the court she couldn’t figure out how to indicate she was bringing her dog or how to pay. Roberts sent Flair an email that afternoon with her questions about bringing her dog.

“Ms. Roberts says she called, texted, and emailed Flair with no response, other than a ‘canned email’ Flair sent her on July 28,” civil resolution tribunal vice chair Shelley Lopez wrote in her decision.

The email said the company was dealing with high inquiry volumes due to COVID-19. It also said she could get in touch if her flight was within 72 hours, and referred her to its website for all other questions.

Roberts ended up figuring out how to book her dog on the plane, according to an updated itinerary issued on July 28. But bringing the pet increased the ticket price to $603.

Roberts cancelled the flight on July 30. She wrote an email to Flair complaining that she’d been on hold for two days — and said it was no longer safe for her to travel. She wanted a refund rather than a travel credit.

Her argument in court was that she tried contacting the airline within the 24-hour grace period but didn’t receive a response. She argued that if she’d spoken with someone, she would have cancelled her flight.

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Court sides with airline

But the small claims court didn’t buy Roberts’ argument, noting that she chose to cancel her flight on July 30 knowing she was not entitled to a refund.

“There is nothing in the parties’ contract, including the applicable tariff, that says Flair will respond to passenger inquiries within a specified time period,” Lopez wrote. “The tariff’s Rule 26 titled ‘Refunds’ undisputedly says that a passenger can cancel within 24 hours of booking. Based on Ms. Roberts’ own submission, I find she was aware of this 24-hour deadline.”

Roberts’ request for a $602 refund, plus $1,000 for her time and frustration dealing with Flair’s “terrible service,” was denied.