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bhayne · May 9, 2006, 08:00 AM

I was taking an airline when the plane was delayed.

After it arrived and we boarded, the stewardesses gave their safety speech, the plane sat along time on the tar mat and then we were that the airplane had mechanical problems and would have to be repaired.

Another plane was brought in and although it was a different flight, we were all promised that we would arrive at our destination.

During a stop over in another city, we were changing airlines and a booking error left several people including myself without a seat. All but three people (including myself objected to being bumped off the flight). I had a 7.5 month pregnant wife awaiting my arrival to help her.

The airline lady promised we would all get seats. On lady threatened the attendant with a lawsuit if she did not get aboard the flight. A man said he was an engineer and had an important meeting in the morning. After about 10 minutes a young woman came off the flight and joined the engineer and the lady that was threatening was permitted to board. I watched in disbelief as they closed the gates and left me behind!

I was provided no room or board as the other passengers who volunteered to be bumped had been provided and in the morning, when I went to board the next flight (at 6:00 for a 9:30 flight) I was told that my ticket had been canceled because I caused a disturbance and if I wanted to go to my destination, I would have to buy another ticket like everyone else.

Gee, those Mastercard commercials sure would have liked this one when I pulled out my MC and it save my day!

The airline has since reimbursed me for the money I paid for the new flight and says that it is protected from any wrong doing because of the tariffs on the airline ticket. However, since they unilaterally broke the contract, jeapordized my family, my career (I am a professional engineer) and cost me money and time, what recourse in actions are available to me?

Fr_Chuck · May 9, 2006, 06:43 PM

They may overbook, bump you and allow you to miss other connections, and there is nothing you can do about it.

Normally if you ask they will provide room and meal allowance, but not if you don't ask.

No recourse what so ever.

You may try of course to file a suit and hope they will offer you a settlement

fredg · May 10, 2006, 07:46 AM

Hi,
I agree with your previous answer. They have you "over a barrell".
You can talk with a lawyer, if you wish to press the issue, and find out what legally you can do, if anything.
The airline has washed it's hands of the issues, and they won't do anything more for you. I do wish you the best, and good luck.

bhayne · May 11, 2006, 08:28 AM

There is one avenue open. The Canadian Human Rights Commission. Pleading discrimination raises many ears here in Canada!

ScottGem · May 11, 2006, 10:05 AM

Check out this page:
Aviation Consumer Protection Home Page

It should help you understand what rights, if any, you have.

bhayne · Sep 1, 2006, 01:58 PM

To update. I took the matter to the Canadian Transportation Agence (CTA) and the Canadian Human Rights Commission (CHRC).

The CHRC looked at it and replied that this could be an issue of discrimination because it happened at two places (The airport gate and the ticket counter) at two different times. Also, I suffered a serious head injury that has left slight disablities that are noticeable when I am fatigued. They determined to play a wait and see what comes about from the CTA.

The CTA received a letter from WestJet that they followed all their teriffs and provided me with free passage on the next available flight. The CTA closed the case.

I contacted the CHRC gave them the letter provided by WestJet plus the ticket that I had to buy the next day plus a copy of my MC receipt that shows I purchased a airline ticket.

The CHRC reviewed the case and found sufficient grounds to re-open and forward the case to a formal investigation. WestJet has no procedure to distinguish those that may have a slight disablility from those that may be intoxicated.

s_cianci · Sep 1, 2006, 06:27 PM

Unfortunately, overbooking is a common practice in the airline industry and it is permitted by law. In this case, there were other unforseen complications (i.e. mechanical problems) compounding the situation. The airline covered themselves by refunding the price of your ticket. You really don't have much recourse other than to raise a big stink and give the management some holy hell-o. You may get a complementary ticket (fraught with restrictions) as compensation. Other than that, there's little you can do legally.

bhayne · Sep 5, 2006, 06:35 AM

Your correct. In airline mishaps, legal action is the wrong coarse of action. Luckily, there are other services that the airline must answer to that areavailable!

bhayne · Oct 2, 2006, 02:17 PM

Canadian Human Rights sent me a letter that they have reviewed the case and determined that the other avenues of action have been exhausted.

They further state that the other avenues of action (Canadian Transport Agency and WestJet) have not addressed the issue of discrimination.

As such, the Canadian Human Rights Commission has decided to commence action against WestJet on my behalf for all lossed due to this incident. YEAH!

excon · Oct 3, 2006, 07:15 AM

Hello again, bhayne:

Cool. Kick some butt.

excon

shanus · Oct 22, 2006, 04:32 AM

I think I would have to agree with s_cianci on this one. Although it is unfortunate they did stuff you around, at the end of the day the Airline had enough 'balls' to cancel the flight in the first place.

Imagine how much the Airline would have lost by deciding to cancel the flight at the very last minute? Aren't you lucky they did cancel it, because everyone working for that company (especially the pilot) would've been under immense pressure to see that aircraft take-off. Imagine the amount of time it would have displaced you then?