Travellers have options when it comes to cancelled or delayed flights

By Ginella Massa

When it comes to flight delays and cancellations, passengers may be entitled to more than they are offered by their airline.

In Europe, if a flight is cancelled or delayed more than 3 hours, passengers can receive between 250 and 600 Euros from the airline depending on the distance.

“(It) applies to everybody regardless of citizenship,” says Gabor Lucaks, an air passenger rights advocate.

“The airline will try to argue mechanical issues are extraordinary circumstances and they don’t have to pay, but there are decisions from the European court of justice which confirm that the only time that the airline can claim extraordinary circumstances is if there is an act of terrorism or all models of that aircraft get grounded.”

As for getting compensation from an airline for missed vacations or cruises, Lucaks says airlines will try to claim that isn’t their responsibility, but travellers willing to pursue legal action may find strength in numbers.

“You have to be prepared to carry on and sue,” says Lucaks. “I would suggest passengers to team up with other passengers and hire a lawyer together.”

He recommends suing for the ticket price rather than seeking damages for loss of enjoyment.

If travellers miss a life event like a wedding or a funeral because of a delay or cancellation, he says they can try taking legal action citing the Montreal Convention – an international treaty governing the rights of passengers and baggage.

“In Quebec, passengers can claim those two with chance of success,” he says. “In other provinces courts tend to shy away from rewarding damages, which is the wrong interpretation from the Montreal Convention, but many Canadian courts follow U.S. precedence, not Canadian.”

The Canadian transportation agency also has a complaints process for anyone wanting to challenge a carrier’s policies around compensation.

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