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The drama surrounding Sunwing continues, as many travellers have been stranded in tropical destinations without a flight back home.
Passenger rights advocate Gabor Lukacs says Sunwing is responsible for damages and $500 of compensation, since the cancellations were entirely in the airline’s control.
“Under the law, they are responsible for passengers’ meals, accommodation, lost wages, parking fees (and) babysitters for their pets,” Lukacs said. “Anything that the passenger incurred as a damage, the airline is on the hook for it.”
Lukacs recommends suing Sunwing in small claims court instead of filing a complaint with the Canadian Transportation Agency, which currently has a backlog of more than 13,000 complaints.
“(The agency) has a track record of being biased against passengers in the airline’s favour,” he said. “They are not independent (and are) not impartial.”
If anyone is planning on suing Sunwing, Lukacs says they should start by sending a business letter of demand to Sunwing Airlines.
He said it should read: “Flight X was cancelled. I incurred expenses A, B, C. Copies of receipts are attached. I demand compensation for these expenses based on Article 19 of the Montreal Convention being Schedule 6 to the federal Carriage by Air Act and I’m also demanding $500 in compensation under the Air Passenger Protection Regulation Section 19 Sub 1, Sub B.” He noted the demand should give the airline 30 days to pay.
If it doesn’t pay within 30 days, then the complainant should take the case to small claims court, Lukacs added.
According to Lukacs, travellers who are stuck without a return flight are entitled to alternate transportation.
“Sunwing cannot just walk away from the contract of carriage,” Lukacs said. “Under contract law, if they promised to deliver service and they don’t, passengers can go buy themselves alternate tickets and then sue Sunwing for the expenses.”
Although Lukacs hopes for a class-action lawsuit, he says there’s no guarantee.
“It would require a law firm to be convinced that there are sufficiently many cases that is worth their while financially to pursue it as a class-action,” he said.
Lukacs went on to say there may be a benefit in many people filing lawsuits individually because that would put more pressure on Sunwing.
