Mechanical issues cut one day off vacation
Legislation applies, with conditions, if flight delayed or advanced by 24 hours
I travelled with friends to the Caribbean over reading week in February. Our flight departed early in the morning, but shortly after takeoff it had to turn around and land back in Toronto because of mechanical issues.
We had to wait on the aircraft until a gate opened and then we waited around the airport for several hours.
The flight did not depart until late in the afternoon and did not arrive at our destination until later in the evening. Our week of vacation was reduced by almost a full day. We received a $50 voucher for future travel from the tour operator but remain dissatisfied. Is there any consumer protection or anything we can do?
I can understand your disappointment with how your vacation began, especially when you were already in the air and on your way to that sunny destination.
Unfortunately, mechanical issues can occur, and when they do the safety of the passengers and crew is paramount and will always take precedence.
Dealing with an extended delay and waiting for information on when your flight will resume can be understandably frustrating.
During the time you spent waiting at the airport, there would have been a lot of work and logistics being taken care of behind the scenes to get you back on your way as quickly and safely as possible.
The aircraft and mechanical issues would have been assessed and a decision would have been made as to whether or not the issues could be imminently repaired or whether another aircraft would have to be positioned to service the flight.
If a new aircraft was required, it had to be cleaned, fuelled and loaded with supplies, catering, baggage and all the passengers.
Consider the flight crew that was to service your flight, as there are laws with respect to the maximum flight duty time allowed. Arrangements would also have been made for the flight to land in destination.
These are just some of the things an airline’s personnel have to tackle when a mechanical issue affects one of their flights and doing so takes time.
There is consumer protection legislation in Ontario that addresses schedule changes, however, the provision only applies when the transportation has been delayed or advanced by 24 hours or more.
If the flight change was 24 hours or more, the tour operator would be required to offer the choice of comparable alternative travel services or a refund, however, the legislation is clear this provision does not apply if the delay or advancing is the result of strike, force majeure, weather conditions, mechanical problems or safety considerations.
Since your delay was less than 24 hours and it was caused by a mechanical issue, the consumer protection legislation would not apply and you would be subject to the terms of your booking.
You could ask your travel agent to contact the tour operator or the airline’s customer service department to address the matter on your behalf to see if they are willing to offer some type of goodwill gesture over and above the voucher given to you.
Keep in mind, however, the tour operator and airline are not obligated to do so. Dorian Werda is vice-president, operations for the Travel Industry Council of Ontario (TICO), a non-profit corporation that regulates 2,500 travel retailers and wholesalers registered in Ontario. Send your travel questions to
askdorian@tico.ca. Not all questions
can be answered.