WestJet cancelled 1,000+ flights — what does this mean for your passenger rights?
More than 100,000 flyers have been affected by WestJet cancelling flights recently.
If you were among the thousands of Canadians affected by disruptions caused by the WestJet Aircraft Maintenance Engineers and Tech Ops employees strike, you’re probably feeling stressed and frustrated.
While the strike was declared over during the early morning hours of July 1, 2024, its impact was detrimental to travellers with flight plans during the busy Canada Day long weekend.
Over 1,000 WestJet flights were cancelled between Thursday evening and Sunday afternoon, impacting over 100,000 travellers.
If your flight was cancelled and you’re not sure what steps to take, Daily Hive spoke to air passenger rights advocate Gábor Lukács about what WestJet customers should know about their rights.
Cancellations during the strike
Lukács noted that when an airline strike is underway, section 18 (1.1)(a) of the Air Passenger Protection Regulations (APPR) comes into effect.
Strike cancellations would be considered outside the carrier’s control.
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“If WestJet is unable to rebook passengers on its own or partners’ network to depart within 48 hours of its original departure time, then they have to buy passengers seats on competitor airlines — at WestJet’s own expense,” stated the expert.
No meals or accommodation would be owed in this scenario, but if WestJet failed to comply with its rebooking obligation under section 18(1.1)(a) of the APPR, it would be responsible for covering those costs “arising from breach of contract,” noted Lukács.
WestJet also has information on passenger compensation on its website.
WestJet flights cancelled “preemptively”
WestJet also preemptively cancelled flights ahead of strike action in June.
Lukács previously noted that the “preemptive” cancellations were “in WestJet’s control and are not required for safety reasons.”
There was no strike, just the possibility of one; therefore, “there is no objective causal relationship between the strike notice and the cancellations,” he said.
“Passengers whose flights are cancelled always have the option to opt for a full refund in the original form of payment — regardless of the reasons for the cancellation,” added Lukács. That goes for cancellations during a strike as well.
There are important distinctions to make if you decide to claim additional compensation as per the APPR.
The APPR says its compensation is “a fixed amount based on the size of the airline and the length of the delay arriving at your final destination airport.” This compensation amount is different than the airline refund amount.
If you chose to cancel your flight for a refund, you may be eligible for $400 per passenger (on top of your refund), as per APPR section 19(2)(a), because the preemptive strike cancellations were considered within WestJet’s control and not required for safety reasons.
However, if you decided to travel and were delayed at your destination due to a cancellation, you may be eligible for up to $1,000 per passenger, depending on the length of the delay. This amount is owed if you do not opt for a refund, Lukács noted.
WestJet is required to rebook affected passengers’ flights nine hours within their departure time. It also owes meals and accommodation under section 14 of the code.
If you were an impacted customer, Lukács said he would give WestJet “one chance” to rebook on a competing airline.
“I would record the call or interaction. If ignored or refused, I would buy a ticket on a competitor and then make WestJet pay for all the expenses plus the standard APPR compensation,” he advised.
It is crucial to note this is not official legal advice. If you are impacted by any WestJet delays or cancellations, take time to carefully go through the APPR here.
If you decide to make a complaint for further compensation, you can use this form here.
The strike’s over, now what?
WestJet noted that even though members of the Aircraft Mechanics Fraternal Association (AMFA) are now being directed to start work immediately, it will take time to fully restore services, and further cancellations will be required during the week.
“We are grateful to be recovering our operation; however, we fully recognize the continued impact on our guests and sincerely appreciate their patience and understanding,” said Diederik Pen, president of WestJet Airlines and group chief operating officer, in a statement.
“Across our airline, our teams are working around the clock to safely bring the 130 aircraft parked across Canada back to the skies as efficiently as possible.”
Customers with imminent travel plans are advised to check the status of their flight prior to leaving for the airport and visit WestJet’s Guest Updates page for more information regarding flight status and travel plans.
With files from Kenneth Chan
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