WestJet passengers should know their rights as strike looms, expert says

The countdown to a possible strike by WestJet flight attendants has Canadian travellers checking flight schedules, refreshing airline websites, and wondering one thing: What happens if my trip gets cancelled?

The CEO of the Regina Airport Authority warned that the impact could be “substantial” on flights that use WestJet’s main fleet of jet aircraft.

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“Regina, much like many Canadian airports, has a mix of jets and turbo-propeller aircraft known as the Q400,” James Bogusz said.

“So for passengers who have to travel that day, if they’re on a WestJet Encore flight – unless they’re connecting beyond, which means going to a place like Calgary and connecting onto one of their jets – the flight very well may be operating as scheduled. However, many people make a connection in these major cities to use WestJet’s main line.”

Bogusz said the airport authority is keeping an eye on the news for updates, and suggested travellers do the same. He also stressed the importance of making sure WestJet can contact passengers.

“It’s very, very important that if you’re travelling after that Sunday potential lockout, you have to make sure you have updated contact information with the airline so they can notify you if your travel is disrupted at all,” Bogusz said.

He said main impacts for Regina passengers would be on flights to places like Vancouver, Toronto and potentially Halifax, depending on the length of a disruption.

Bogusz said WestJet accounts for around 60 per cent of Regina International Airport’s capacity, including the main line and Encore flights.

Officials with Saskatoon Airport Authority declined an interview, but in a statement said the airport has operational plans to limit the disruption.

“We encourage all passengers who have plans to travel with WestJet in the coming days to reach out directly to the airline for assistance,” the airport’s statement read. “We also encourage WestJet passengers to check for the most recent updates regarding flight impacts and accommodations directly on the airline’s website.”

For passengers heading into a busy travel period, the uncertainty can be frustrating. But Gábor Lukács, an advocate and president of Air Passenger Rights, said the worst thing travellers can do in a situation like this one is make a rushed decision without knowing their rights.

“Document, document, document,” he said. “WestJet is going to give you, most likely, false information about your rights. They’re going to try to trick you into giving up your rights. Don’t fall for it.”

With a potential labour dispute approaching, Lukács said some travellers may be tempted to cancel flights or make alternate arrangements before knowing what WestJet will do, but he said that’s not always the best plan.

“If you make changes to your itinerary before the strike begins, or before actually your flight is cancelled by WestJet, then you are at the airline’s mercy,” he said. “This is the reason that I always recommend passengers to first wait until the airline cancels your flight.”

Lukács said the timing of a cancellation is important, and can determine what passenger protections apply.

“The first question to ask is: Is your flight cancelled before or after a strike is ongoing?” he said.

“Who is cancelling the flight, or who is changing it? WestJet or yourself?”

One of Lukács’ biggest warnings was for passengers who are offered a refund after a cancellation. He said travellers should understand the potential consequences before accepting.

“Once you accept a refund, you give up your right to alternate transportation and to sue WestJet for your expenses,” Lukács said.

He said passengers should understand that they may have other options available. Lukács said air travellers should not be pressured into accepting the first resolution offered by the airline.

“I’m going to insist that you, WestJet, re-book me on a competitive airline as required by law,” he said.

“If you refuse to do so, I’m going to purchase a ticket myself, and will send you the bill,” he added. “And if you don’t pay the bill, I’m going to take you to small claims court.”

He said paying close attention to when a cancellation happens is crucial, because protections can differ significantly.

“There are substantial differences between your rights, whether your flight is cancelled as a pre-emptive measure versus when your flight is cancelled once the strike is ongoing,” he explained.

Lukács said the reason behind a cancellation may differ for different airlines.

“That cancellation is a business decision within the carrier’s control,” he said.

“Once the flight is cancelled after the strike is ongoing – that is under Canada’s very poorly drafted and airline-friendly passenger rule – (it) is deemed to be outside a carrier’s control.”

If travel plans are disrupted, Lukács said documentation could make all the difference. He said passengers should collect as much evidence as possible.

“Keep audio recordings of your interaction with the airline, emails that you receive, your receipts,” he said.

“If something is happening at the airport, videos, images of the screens, all information that could help to convince a judge that you are telling the truth about what happened.”

As the possibility of disruptions hangs over upcoming travel plans, Lukács’ message is clear:

“Stand your ground and document what you are seeing,” he said. “Post on social media, share the information. Make sure that what you experience does not remain private.”