Western Canadians stranded in Mexico unhappy with WestJet flight disruptions

WestJet customers stranded in Mexico after the recent spate of drug-cartel violence are frustrated with the airline’s handling of their return to Canada.

Manitoban , Albertan and B.C. customers have expressed feeling abandoned since their flights were cancelled.

WestJet has said it has scheduled 12 extra flights and will look to add more, depending on demand. The Calgary-based airline operates flights between Winnipeg and Puerto Vallarta, Mexico, one of several cities where cartel members retaliated after the Mexico army killed a drug lord last Sunday. Both residents and tourists sheltered in place from the violence for at least a day. Some airlines, including WestJet, cancelled flights until Tuesday.

Gábor Lukács, founder of Air Passenger Rights, told National Post in an email that WestJet has not been following the law.

“WestJet is required to rebook passengers on competitor airlines at its own expense in this kind of scenario,” he said. “If the airline is unable to re-book a passenger on its own or partner airlines to depart within 48 hours of the original departure time, they must pay for a seat on the next available flight of any carrier. And that includes competitors.”

He says passengers have told him that WestJet “has been selling tickets (on the 12 extra flights) at a premium price instead of bringing home Canadians.” And he adds that “WestJet is not rebooking passengers on competitors, even though that is what the law demands.”

He suggests the situation could result in a class action lawsuit.

Meanwhile, he says the federal agency responsible for enforcing passenger rights has not been doing its job. “The federal government is not enforcing passengers’ rights. This is not a failure of the regulations as much as it is a failure of the Canadian Transportation Agency (CTA) in enforcing the law as written.”

In a statement to National Post, the CTA said it “is investigating the flight disruptions which recently occurred in Puerto Vallarta, Mexico. As per the Air Passenger Protection Regulations (APPR), for flight delays or cancellations, airlines must try to minimize the impacts that they have on passengers and their travel.”

That includes, if a passenger chooses, “refunding any unused portion of the ticket.” Otherwise, says the CTA, the passenger must be rebooked “free of charge, on their next available flight or on the next available flight of an airline with which they have a commercial agreement.” The flight must depart from the passengers’ original departing airport “within 48 hours after the departure time on their original ticket.

If airlines cannot book passengers on a flight leaving within 48 hours, adds the CTA, they must rebook them on any flight by any airline, including at another airport, if there is an option nearby.”

A passenger’s first recourse for passengers not satisfied that an airline has met its required obligations is to submit a claim to the airline. If they are not satisfied with the airline’s response or have not received a response within 30 days, then they can then file a formal complaint with the CTA.

Passengers are invited to learn more about their entitlements for flight delays and cancellations , as well as rebooking, refunds and compensation on the CTA’s website. Lukács also invites passenger to review information provided by his organization, Air Passenger Rights .

National Post has asked WestJet for comment and has not yet received a response.

• First Florida, then Cuba now Mexico. What are the March Break alternatives for Canadians?
• Who was Mexico's 'El Mencho' and what role did U.S. play in the cartel leader's death?

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