Passengers seeking compensation from airlines a 'David and Goliath situation,' consumer rights advocate says

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TORONTO — Staying informed of consumer rights can make the difference between receiving compensation or not, one expert says, but access to accurate airline information can be laborious, and technical regulations make understanding passenger rights difficult.

After a tumultuous holiday travel season for airlines, consumers are still seeking compensation for flight disruptions, like the 750 Canadians considering legal action against Sunwing due to travel delays.

Flight issues occur for many reasons, but the cause will determine the compensation passengers could receive, Sylvie De Bellefeuille, a lawyer with Option Consommateurs, a Quebec non-profit association that helps consumers defend their rights, told CTV News Channel on Friday.

"The degree of liability for airline companies depends on the cause of the disruption. Whether or not it's within the airline's control, or if it constitutes an issue of security," De Bellefeuille said. "These facts may affect the rights of consumers for compensation or accommodation.”

THREE CAUSES FOR FLIGHT DISRUPTION

When a flight has been delayed, cancelled, or a passenger has been denied boarding, there are three causes why the airline will have needed to initiate those actions, according to the Canadian Transport Agency (CTA).

They are:

If the situation is within the airline's control, travellers are entitled to information from the airline, alternate accommodation, re-booking or refund options and additional compensation of as much as $1,000 in some cases.

A flight disruption that occurs for safety purposes, such as mechanical issues with the plane that could pose a security risk, is in the airline's control. In those situations, travellers have the right to information, and the carrier needs to provide it every 30 minutes and offer accommodations. Passengers have the option to be re-booked or refunded.

A significant weather event and political unrest are considered issues not within the airline's control. Passengers will again have the right to obtain information and are entitled to be re-booked, and if an alternative flight isn't available within 48 hours, a refund can be requested by the customer.

"The liability depends on the disruptions. The problem is that airline companies have an incentive not to provide all the information or to say that it's not within their control or that it's an issue of security," said De Bellefeuille. "Because in those situations, the liability is less.”

Under these categories, airlines could blame safety incidents or issues outside their control because it's less expensive, De Bellefeuille said. Compensation is not automatically issued, and often travellers need to request or argue for their right to it.

"It's the passengers who have the burden to prove that the [flight disruption category] was not applied correctly. That is very difficult because they have to rely on whatever information was transmitted by the airline," she said. "It becomes a David and Goliath situation."

Grievances submitted to the CTA may not be addressed any time soon either, since more than 30,000 complaints were reportedly backlogged with the agency at the end of 2022.

Transport Minister Omar Alghabra said the government is looking to strengthen passenger rights and regulations following the nationwide flight disruptions this past holiday season.

Further information on flight disruptions and consumer protection can be found on the CTA and Option Consommateurs websites.