Flair Airlines' passengers explore compensation options after being stranded for days in Cancun

One hundred and seventy-one travellers returning from a March break vacation in Cancun, Mexico, faced a nightmare scenario as their Flair Airline flight to Ottawa was delayed for two days.

For many it was a stressful cycle of airport waits and hotel stays and the frustration continues, as passengers seek compensation through Canada's Passenger Bill of Rights.

The Flair Airlines flight, scheduled to depart from Cancun last Thursday, finally landed back in Ottawa on Saturday night after multiple delays. For passengers, like Erika Carley and her family, the ordeal soured their perfect trip.

"We wanted to treat ourselves after working hard over the last year," Carley says. "It was very stressful and it's not how a vacation should end this will be ingrained in my memory forever."

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Carley recounts the flight home, which began with multiple delays on Thursday while waiting at the airport. She says they received a message from Flair, informing passengers of a delay because of a "diversion" which was out of the airline's control and for safety. Later that evening, the flight was cancelled. A hotel would be provided for the night.

"Everyone who was on the flight, we went back through security and heard that we were going to get buses to a hotel and then lined up a few hours," Carley says. "Finally got to a hotel five minutes away and were told we were going to be picked up at 11 a.m. the next day, which we were, and we were fed at that hotel. It was nice. Then we got picked up, got to the airport, kind of rushed to get some food in us, and then we were delayed. And then we went to on a bus, a really hot, crowded bus to the tarmac to board the plane and waited for a couple of hours all to be told, there's navigational issues, probably can't fly."

The buses eventually shuttled passengers back to the airport terminal, where the wait continued. Eventually passengers did board the airplane, where they waited again.

"All to be told the same issue is happening," Carley says. "We were told Mexican authorities won't let us fly. They need to sign off and you know, we're looking into it. Then, no, we can't fly. We had to deplane and they said we'll get you a bus to a hotel. Don't know where this point, it's been about 12 hours at the airport now."

Carley says throughout the process, minimal food was handed out, which included a bottle of water and a small snack. Back at the hotel, passengers were given a sandwich, she said.

On Saturday, passengers finally were able to leave, returning to Ottawa in the late evening.

In a statement Monday, Flair Airlines repeated a lot of what it said on the weekend, adding, "Regarding GPS navigation, Flair complied with Mexican authorities' requirements, ensuring safety with a fully operational secondary navigation system. Passengers were informed and offered the option to disembark without extra charges, but all chose to remain onboard after a comprehensive explanation from the captain.

"Despite unforeseen delays, our commitment to safety and customer care remains unwavering. We sincerely apologize for any inconvenience caused and continuously strive to improve our operations. We appreciate our passengers' patience and understanding."

Carley says many of the passengers, including herself and family, have filed a complaint with the airline and are exploring their options for compensation under Canada's Passenger Bill of Rights.

"There is compensation up to $1,000 if you're nine hours and plus late. If they [the airline] decide to offer you a flight and you don't like the flight they offer you, you can basically go out there and demand a new flight on any carrier, and they will pay for that service. Carriers are required to, in fact, provide you with service on a any other carrier if the delay to your arrival is greater than 48 hours. So that's a provision that Flair is now governed under that regime," says John Gradek, international aviation coordinator with McGill University. "You have a 30-day process that you have to file a claim with Flair and then Flair basically will judge whether that claim is valid or not. The odds are they probably won't."

If a claim is denied, it must then be submitted through Canada's transportation agency, but the process can be slow. Gradek says, currently, there is a backlog of around 60,000 complaint as carriers look to avoid paying penalties, citing issues, which are out of the airline's control, like safety and inclement weather.

"The CTA [Canada Transport Agency] is getting pretty good at deciphering airline lingo when it comes to, you know, try to understand the root cause of some of these delays," Gradek says. "The CTA in particular is being very, very picky when it comes to, things that are safety related. You know, if the aircraft is okay and passengers are on it and you're pushing back and then you've got an air leak or an oil leak showing up on the airplane, that's safety. But, you know, if passengers sit on an airplane for three hours and then all of a sudden the pilot comes on and says, this thing still isn't working and we're going to cancel the flight, it's a mechanical delay due to safety reasons, but a mechanical delay due to the inability of the airline to fix the problem prior to departure."

Martin Firestone, president of Travel-Secure Inc., says long delays such as what happened with passengers in Cancun, is because the carrier simply does not have enough planes in its fleet.

"Unlike an Air Canada or WestJet with respect to a problem with the plane, they can bring in another one. You can't bring in another one when you only have 18 planes and therein lies the problem. You can't reschedule a flight later in that day when you don't have a plane to reschedule with," he says.

Firestone notes that it is why trip cancellation and interruption insurance is important for these types of situations.

"Our sales specifically are up 50 per cent now that people are buying cancellation and interruption. Cancellation is up to the minute you're supposed to get on to the plane," Firestone said.

"If you can't, you would be able to get back moneys that you incurred that were non-refundable. The minute you do leave on your trip, though, it's no longer a cancellation it's called interruption and there are provisions from many insurers that pay a dollar amount for daily costs, such as accommodation, food expenses, even one way airfare back home. So the airline has to either give you the money, make alternative arrangements, or it becomes a claim to your insurance company. It's not going to compensate you for loss of your two days of work or anything to do with that. At best, it will accommodate you for the expenses up to a prescribed limit."

In a statement sent by Flair Airlines to CTV News on Saturday, the company said "Our team has maintained constant communication with affected passengers, offering alternative options such as hotel accommodations and bookings with other airlines."

But Carley says she, like many others on the flight, were not offered another flight option, adding she will not be flying with Flair Airlines again.