Latest / Kvetch & Release / Deal reached in WestJet mechanics' strike, but travel disruptions still expected
Transcript
- 0:00Today, we're back John Lecky here on AM one hundred CIA LW. It
- 0:04was good to speak with CTV National News correspondent Christina Tanalia about the ending of
- 0:11the West Jets strike. Negotiations are ongoing still and while it's technically over,
- 0:16there's still lots of consequences for some one hundred thousand who have been stranded and
- 0:22forced to cancel their vacations and other travel. We wanted to discuss what passengers
- 0:28need to know, what your rights are. There is new federal regulations surrounding
- 0:33it. Joining us right now to discuss is Gobbor Lukatch, the President of
- 0:38Air Passenger Rights Canada. Good afternoon, How you doing, good afternoon,
- 0:43Thanks for joining me here. So obviously lots of people have been impacted by
- 0:48this one hundred thousand, that's a huge number. It's doing a large number.
- 0:52It's unfortunate. We it's an aptitude to manage its own labor relations cost
- 0:56so many Canadians inconvenience and so what a Canadians need to know? I mean,
- 1:00we have air passenger rights. Now things have changed. What are people
- 1:06eligible for? How easy is it going to be for people to sort this
- 1:08out? As I understand it at this point, good luck trying to get
- 1:11through to west Jet on the phone or even on the website right now.
- 1:17Well, unfortunately, the Canadian government's poor men's replacement for passenger rights if you're
- 1:23not working, and this current situation just shows how in fear and broken those
- 1:29rules are compared to the European Union's goal a standard. What you are always
- 1:34intelligled is rebooking. So if Wedget cannot rebook you on its own network within
- 1:40forty eight hours during a strike or partners in forty eight hours, then they
- 1:44do have to buy your ticket and a competitor, And if they cannot be
- 1:46reached, you can just go out and buy ticket yourself with proof that you
- 1:49were not able to reach them, and then send them the bill. And
- 1:53if they don't pay you, you tay them to a judge before Small Claims
- 1:56Court and they have to pay for that. The judge will be ordering West
- 1:59Jet. We have seen those cases ordering the airline to reimburse passengers for out
- 2:02of public expense INCURR because the airline failed to fulfill its legal obligations to rebook
- 2:07the passenger in accordance with the law. So if they haven't contacted passengers within
- 2:14that forty eight hours. Passengers can just go out, as you said,
- 2:16purchase a ticket themselves. And then but do you submit it to West you
- 2:21had said going to small claims court. It seems like there's a little bit
- 2:23of an onerous process here still for the traveler. Well, first of all,
- 2:28you don't have to wait all the forty eight hours. Passengers received off
- 2:30some emails that said we cannot rebook you me in forty eight hours. Wed
- 2:34it just kind of wash its hands or try to wash its hands, Okay,
- 2:36So I would tend a single letter of demand to wedge it high.
- 2:38You cancel me a flights on bracks. You failed to rebook me in forty
- 2:43eight hours as required by section eighteen some one of the APPR. You failed
- 2:46to buy me a ticket on a competitor airline undersection one point one subway of
- 2:51the APPR, therefore incurrent expense in amount. Why that requested to reimbursement that
- 2:55expense within thirty days, failing which I will take legal action against West.
- 2:59Yet and then you send it to WEG just with a copy of the receipt.
- 3:01And if they refuse to pay or just ignore your correspondence on the thirty
- 3:06first day, you serve them with small lams court papers. It's not perfect,
- 3:09it's you know, it's not what anybody would wish for after travel,
- 3:14but this is the only way to actually ensure that this situation don't happen in
- 3:17the future. Canadians need to do what the government is supposed to be doing,
- 3:23which is holding airlines accountable. The government is failing at holding airlines accountable,
- 3:27and therefore week Indians are left with the task and the contribution to any
- 3:31Canadian effect that can make to the common cause of creating some normal senior travel
- 3:38in Canada is making sure that there is a consequence, there is a bill
- 3:42that US has to pay when they do these type of things to passengers.
- 3:45Well, we know that they first started to cancel those twenty five flights on
- 3:47June twenty seventh, and we're looking at tomorrow hopefully everything is back up to
- 3:53full operational control. I wonder, though, what happens Gabor to someone who,
- 4:00so let's say, wasn't able to get a flight and maybe they missed
- 4:03a cruise ship or something, or is there any recourse. That's a very
- 4:08good question. So first of all, let's remember that when you travel internationally,
- 4:13the air Passinger production regulations are not your only source of rights. You're
- 4:16also covered by the Cathedral Carriage by Air Act, which incorporates an international treaty
- 4:23called the Monterreal Convention. Under Montreal Convention, in the airline is on the
- 4:26hook for your meals, accommodation and for any cruise ship or any kind of
- 4:30events activityated destination because they failed to take all reasonable measures to prevent the delay.
- 4:34They it is their labor force, they're responsible for their labor relations.
- 4:40They could have signed the same agreement they send on Sunday afternoon evening two or
- 4:44three days earlier. They didn't so, turning it was within reach, they
- 4:47failed to do so. Therefore they are liable for your expenses. In addition,
- 4:51if you were traveling from Europe to Canada, say from London gatwaycor from
- 4:56Paris, then under a European gold standard, Wedget also had has to pay
- 5:00you six up to six hundred euros in cash compensation for your inconvenience. Because
- 5:04in Europe they know the common sense, the obvious fact that an airline having
- 5:10a problem with its own labor force is the airlines on responsibility. It's just
- 5:13business as usual is their their workers. Their responsibility is not an extraordinary circumstance.
- 5:19So in Europe the top court actually ruled and in such situations thereline has
- 5:24to pay compensation to passengers. The last thing to remember in Canada that even
- 5:28if you were flying only domestically, if Wedge cancels your flight preemptively before the
- 5:33strike occurred, then it is within the carriers control. That's a business decision
- 5:39the airline makes that has nothing to do with the strike, just guessing that,
- 5:43well, a strike may occur, not a cause. There's no cause
- 5:46a linker to cancel the flight. So in that case it is on the
- 5:50hook for your mails, accommodation again and for some compensations one thousand dollars depending
- 6:00on the length of the delayed coused. It sounds like people need to be
- 6:04really meticulously, you know, taking notes of how many times they called west
- 6:09Jet, of how many times they went to the website sent an email.
- 6:11Is it smart for people to be documenting their interactions or attempted? Absolutely?
- 6:15Absolutely, We strongly recommend passengers to take notes and also to record the audio
- 6:20of their coals of the interactions with the airline. Absolutely and take streaches of
- 6:27your phone showing how long it call lasted. Keep every small bit of evidence
- 6:30because that will be used and we turned of a useful in a course when
- 6:34you decide to sue, well, I want to thank you so much for
- 6:38your time and your expertise, and for joining us to break this all down.
- 6:41Much appreciate it. Thank you very much for having me