Passenger challenges Sunwing over rights

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This article was published 07/02/2023 (1267 days ago), so information in it may no longer be current.

WINNIPEG — A Winnipeg woman seeking compensation from Sunwing Airlines Inc. over a long flight delay in Cuba has accused the travel company of violating passengers rights under federal regulations.

Moira Cole is challenging Sunwing’s explanation for denying her claim, while alleging the Toronto-based company failed to meet its obligation to keep passengers informed about the disruption to their flight.

“We all understand things happen. That’s life,” said Cole, 61. “But, what we don’t understand is they just don’t communicate anything. They leave you to your own devices and dismiss you when you’re looking for answers.

“They’re willing to take my money, but not willing to provide customer service afterward.”

Cole and her husband were scheduled to fly to Winnipeg from Varadero late at night Jan. 28, after a two-week holiday at a Cuban resort.

When she checked Sunwing’s app about six hours before the scheduled departure time, it stated the flight was instead due to leave at 2:50 p.m. the next day.

Cole said she didn’t receive an email to notify her of the change, and Sunwing didn’t provide a reason for the delay nor regular flight status updates, leaving her frustrated.

“We felt Sunwing just really didn’t care about us.”

Sunwing paid for the couple’s extra night at the resort.

Cole later learned the departure was pushed back because the inbound flight from Winnipeg was delayed.

She said the rescheduled flight from Varadero — due to depart at about 2:50 p.m. Jan. 29 — ended up leaving about five hours later, due to another delay.

After an initial wait for cleaning, the plane began taxiing to a runway but soon headed back to the terminal.

Cole said the captain told passengers a maintenance crew was on its way to fix a problem with a gauge. He further informed them a problem with the same gauge prevented the inbound flight from leaving Winnipeg the previous night until a part arrived from Toronto, she said.

There was a race to solve the problem in Varadero, according to Cole, because the crew was at risk of exceeding its maximum duty time and requiring a mandatory rest period.

About 90 minutes later, passengers were told the defect hadn’t been resolved, but pilots were given approval to fly back to Canada using a “backup” gauge, said Cole.

The flight landed in Winnipeg about 19 and a half hours behind schedule, according to FlightAware, a tracking website.

When Cole filed a claim on Sunwing’s website a few days later, she received a message stating she wasn’t entitled to compensation or a refund under Canada’s Air Passenger Protection Regulations.

That’s because the delay, while within the airline’s control, was taken for “safety reasons,” the message stated.

Introduced in 2019, the APPR requires airlines to compensate passengers if their flight is cancelled or delayed by more than three hours for a reason within the carrier’s control that is not required for safety.

Cole has taken issue with Sunwing’s explanation because, she claims, the captain indicated it was still safe to fly despite the defect not being fixed.

In addition to a lack of communication, she claims Sunwing fell short of its APPR obligations by failing to provide access to a means of communication, such as WiFi, on the flight home, so passengers could alert family or friends waiting to pick them up in Winnipeg.

Cole alleges passengers were given the choice of a free drink or food item because there wasn’t enough of both for everyone.

Sandwiches, cookies and water were offered at various times before takeoff.

Sunwing did not respond to multiple requests for comment.

Cole is planning to lodge a complaint with the Canadian Transportation Agency, a quasi-judicial tribunal and regulator that developed the APPR and can penalize airlines for breaches.

The CTA is looking at ways to reduce a backlog of more than 36,000 complaints, said spokeswoman Martine Maltais.

She said it usually takes more than 18 months for a case to be reviewed.

Gabor Lukacs, the Halifax-based president of advocacy group Air Passenger Rights, said Cole’s allegations expose loopholes or dysfunction within APPR, which is supposed to protect passengers.

“The most troubling part is that the reason for this delay has not been communicated,” he said.

Lukacs is lobbying Ottawa to bring Canada’s regulations in line with the European Union’s, which he describes as a gold standard. “Had this happened in the EU, the passenger would have been entitled to a lump-sum compensation,” he said.

Transport Minister Omar Alghabra revealed last month Ottawa plans to strengthen its rules, after airline passengers experienced widespread flight cancellations and delays over the December holiday period.

» Winnipeg Free Press