An airline is not required to pay for flights booked on a different airline after issuing a refund to passengers whose flights were delayed, 小蓝视频’s Civil Resolution Tribunal has ruled.
Tribunal vice-chair Andrea Ritchie said in her that John Bogar and Elizabeth Jane Hawkins claimed Flair Airlines delayed and then rescheduled their flight from Winnipeg to Vancouver.
They claimed $2,159.46 for delay compensation under the Air Passenger Protection Regulations (APPR) and the cost of new flights.
Flair, however, said the delay was required for safety purposes, due to unanticipated maintenance delays on a previous flight. As a result, the company said no compensation is payable.
“It also says it is not required to pay for the rebooked flights,” Ritchie said.
What happened?
Bogar booked himself and Hawkins on flight F8857 from Winnipeg to Vancouver, departing May 19, 2023 at 8:50 p.m.
Ritchie said Flair notified Bogar at 10:54 a.m. on May 19, 2023, that the flight was delayed and would now be departing the next day at 5:55 a.m.
Bogar ultimately booked new flights, so the two did not need to stay overnight in Winnipeg.
Bogar said that on a phone call with Flair, a representative told him the two were actually rescheduled on a new flight departing May 23, 2023 at 3:35 p.m.
“Bogar did not agree to the new flight, and requested a refund, which was undisputedly provided,” Ritchie said.
Bogar then booked the applicants' alternative flights on WestJet, leaving Winnipeg on May 19 at 6:10 p.m. and landing in Vancouver the same day at 8:28 p.m.
He paid $579.73 each for two tickets, for a total of $1,159.46, Ritchie said.
However, Ritchie said Flair complied with its APPR obligations and it was Bogar’s choice to reject the proposed new travel arrangements.
“There is no obligation under the APPR for Flair to also reimburse Mr. Bogar for the flights he chose to book on a different carrier, after requesting a refund from Flair,” Ritchie wrote. “So, I dismiss this aspect of the claim.”
Still, Ritchie said, if the delay was within Flair’s control and not for safety purposes, it must pay the applicants $125 each.
“Despite alleging the delay was for safety reasons, Flair did not provide any supporting documentary evidence explaining the delay, and I do not accept its bare assertion,” Ritchie said.
“I find Mr. Bogar and Ms. Hawkins are each entitled to $125 in delay compensation under the APPR.”
