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WestJet Flight Reroute Triggers 11-Hour Delay, Compensation Denied

UPDATE: A couple’s appeal for compensation after an 11-hour flight delay with WestJet has been denied, following a tribunal ruling that the airline acted reasonably during the rerouting of their journey. Michael and Bernice Thurlow, who sought $1,000 each for the delay and $76 for baggage fees, were left without recourse after the Civil Resolution Tribunal’s decision on August 11, 2023.
The Thurlows originally booked a flight from Kelowna to New Orleans with a stop in Calgary and Atlanta. Their plans unraveled when WestJet canceled the initial leg of their flight due to severe weather conditions affecting the Kelowna area. The airline rebooked them on a later flight with a partner airline through Seattle, leading to an arrival at their destination **11 hours and 22 minutes** later than scheduled.
According to WestJet, the aircraft intended for the Thurlows was unable to land safely in Kelowna due to high winds, resulting in the cancellation of both incoming and outgoing flights. Canada’s Air Passenger Protection Regulations (APPR) stipulate that compensation is mandated only if delays or cancellations are within the airline’s control and not due to safety reasons. The tribunal found that the weather conditions, classified as “natural disasters,” were indeed beyond the airline’s control.
Despite the Thurlows’ claims that other flights were able to depart from Kelowna around the same time, tribunal member Andrea Ritchie emphasized that safety remains paramount. Ritchie stated, “A pilot cannot fly an aircraft that is not there,” highlighting that WestJet lacked reserve planes in Kelowna to accommodate the unexpected situation.
The ruling concluded that the Thurlows were only entitled to the $76 baggage fees, along with $125 in tribunal fees. This decision has raised questions about passenger rights and airline responsibilities, as travelers increasingly seek clarity on compensation policies amid frequent delays and cancellations.
As the travel industry continues to grapple with unpredictable weather and operational challenges, this case underscores the complexities of airline regulations and passenger expectations. Travelers are urged to stay informed about their rights and the circumstances under which compensation may be granted.
The Thurlows’ experience serves as a cautionary tale for those navigating the uncertainties of air travel. With winter weather on the horizon, passengers should prepare for potential disruptions and stay alert for any updates regarding their flights.
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