Flair Airlines was forced to pay a pair of Canadian passengers for inconveniencing them after two cancelled flights.
Both cancelled trips were returning flights home to Abbotsford, BC, for Zoe Perovic and Henry Pham, the impacted passengers.
The applicants claimed over $1,800 for expenses related to their delays, including accommodations and other travel expenses.
According to the BC Civil Resolution Tribunal hearing the passengers were part of, they won some of their claims but fell short of that total amount.
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On June 28, 2022, with at least 12 hours’ notice, Flair informed the passengers it had cancelled their June 29 flight home. Initially, Flair rebooked them for a flight three weeks later, and the passengers informed the airline they couldn’t afford to wait that long.
Flair then rebooked them on a flight for July 3, which it also cancelled on July 2. Records in evidence show that Flair booked the passengers on another flight for July 5, but on July 2, the passengers had already booked a flight with a different airline.
Flair admitted the cancellations were within its control, but the passengers were refunded the total amount. Under the Air Passenger Protection Regulations (APPR), folks dealing with cancellations who are refunded are still owed an additional $125 inconvenience fee.
As the APPR states, “If you choose to be refunded instead of rebooked, small airlines must still pay you $125.”
Flair is considered a small airline.
The passengers were also upset that Flair rebooked them to Vancouver instead of Abbotsford, BC, their original departure point.
While the tribunal found no breach of contract, it did find that Flair was obligated to pay the passengers $125 each for the inconvenience of their cancelled flights.
Because Flair informed the passengers about the cancellations within 12 hours, the airline did not owe them for any expenses related to the delay.
In the end, Flair owed $443.98 to both passengers for the inconvenience fee and tribunal fees.