Flight cancelled or delayed? These are your rights

A woman waits in an airport. (Kenneth Surillo/pexels.com)

You’ve packed your bags, planned your itinerary and booked your taxi to the airport...only to find out that your flight has been cancelled.

So, what do you do now?

The Canadian Transportation Agency (CTA), an independent, quasi-judicial tribunal of the Government of Canada, points out that it is up to the airline to accommodate you as soon as possible.

“In all situations, the airline must provide you with a new reservation on another flight if your original flight has been delayed for three hours or more, or if it has been cancelled,” states the organization’s website.

The CTA’s mandate is to ensure that passenger rights across all modes of transportation are respected and protected.

The terms and conditions of the replacement flight, according to Noovo Info, can differ depending on the reason behind the cancellation, and whether or not they are due to a complication caused by the airline.

Can I get compensation?

You may be entitled to compensation if your flight is delayed or cancelled and the situation is within the airline’s control, such as a commercial decision or an avoidable technical problem.

Events outside the company’s control, such as adverse weather conditions, do not count.

In addition, you can only get compensation if you find out about the cancellation or delay less than 14 days before your scheduled departure and you arrive at your destination more than three hours later than expected.

Here is the compensation scale, according to the CTA, for major airlines:

• $400 if you arrive at your destination with a delay between three and six hours;
• $700 if you arrive at your destination with a delay between six and nine hours;
• $1,000 if you arrive at your destination with a delay of nine hours or more.

If you choose a refund instead of rerouting, you are still eligible to receive $400.

Examples of large airlines include Air Canada (including Jazz and Rouge), Air Transat, Flair Airlines and Porter Airlines.

For smaller airlines:

• $125 if you arrive at your destination with a delay between three and six hours;
• $250 if you arrive at your destination with a delay between six and nine hours;
• $500 if you arrive at your destination with a delay of nine hours or more.

If you choose a refund instead of rerouting, you are still eligible to receive $125.

The size of your airline is indicated in the conditions of your ticket.

You have one year to submit a claim for compensation due to a delay or cancellation, and the airline has 30 days to respond, either by making a payment or explaining its reason for refusal.

Beyond compensation

In addition to compensation, the Flight Claim platform points out that people can also be entitled to short-term assistance.

This includes requesting refreshments and sufficient food depending on the wait time, two free telephone calls, telexes, faxes or e-mails, and hotel accommodation for one or more nights.

Flight Claim adds that it is possible to ask for reimbursement for part of a journey not made, no longer required, or other such modifications to the original travel itinerary.

What if I used a travel agent?

Customers who employed travel agents licensed in Quebec can “benefit from one of the best protections available” via the Compensation fund for customers of travel agents.

Regulated by the Office of Customer Protection, the fund can reimburse travellers who are disappointed with the services they paid for.

There are many scenarios covered under the fund, including severe bad weather, overbooking, natural disasters and political instability.

Any tourist services purchased with a licenced travel agent are protected by the fund, including air tickets, bus transportation, hotel stays, cruises and excursions.

This applies both to online purchases and those made directly with an agency.

“This is not the case when you book directly with the supplier, or when you buy from a travel agent outside Quebec,” the OPC stresses.