'I want my money back': Some Flair Airlines customers still demanding March Break cancellation refunds

Frustrated Flair Airlines customers say they've spent the last seven weeks fighting for refunds after the company abruptly cancelled their flights over March Break. 

Kate Dunham, who lives in Niagara Falls, Ont., says the Canadian discount airline owes her over $500 for the cancelled March 11 flight for her five-year-old and her mother.

Since then, it's been a "circus" trying to get answers, she said.  

"I want my money back and I never want to fly with them again." 

Her ordeal began when her son's and mom's flight with American discount airline Allegiant Air, from Orlando, was cancelled due to bad weather.

Dunham said Allegiant refunded her within hours of the cancellation and she rebooked with Flair. Her son and mom took a flight into the Region of Waterloo International Airport in Ontario on March 11. 

However, a couple of hours before the plane was about to take off, Dunham said, she double checked the airport's website and saw Flair had cancelled the flight. 

Flair apologizes for disruptions

Dunham said Flair never notified them of the cancellation or provided an explanation, although early that morning, four of Flair's leased jets were seized in Toronto, Edmonton and Waterloo. She had to rebook her son's and mom's flight with a third airline. 

Since then, she's been emailing the airline nearly every day.

Initially, Flair told her the refund would be processed in seven to 10 business days. When that time lapsed with no refund, she was told it would be 30 days. Last week, she was told it would take another seven days. She's still waiting. 

Dunham is on maternity leave with her five-month-old son and said she can't afford to have this charge on her credit card.

"I'm growing more frustrated as the days are going on because it's like the money just disappeared," Dunham said. 

In an email to CBC Hamilton on Friday, Flair said customers would receive refunds within a week. It did not answer how many customers are waiting for a refund.

"We are very sorry for any disruption for our passengers, for any reason," the statement said. "There was a technical, web payment-related glitch that prevented some refund payments from actually being processed within 30 days." 

Airline must issue refund within 30 days: CTA

Joanne Penner, who lives in the Niagara region, said that in the early hours of March 11, she along with her husband and friend went to the Waterloo airport to catch a Flair flight to Orlando. They were waiting to board when an airport announcement informed them their flight had been cancelled.  

Flair automatically rescheduled their flight to Orlando for March 21 — several days after their return flight home was supposed to be en route, Penner said.  

Instead, they cancelled both flights and drove down for their vacation. But ever since, Penner said, they've been trying to get their nearly $1,500 refund plus $125 each in compensation. Flair repeatedly told her they've already issued the refund, but she said she has confirmed with the credit card company that the money has never been returned.

"It's hugely psychologically stressful," Penner said. "You feel completely powerless." 

Airlines must provide refunds within 30 days, said Tom Oommen, a spokesperson for the Canada Transportation Agency (CTA). If that doesn't happen, customers can file a complaint with the CTA. 

However, a backlog of 42,000 complaints means the CTA needs more than a year and a half to handle each case. 

Federal government proposes new rules

The Liberal government made an announcement last week about legislation tabled in the House of Commons to strengthen air passenger rights. Some proposed changes might have helped Penner and Dunham. 

Right now, for example, small airlines like Flair are required to reschedule a passenger's flight on their own planes whenever a spot becomes available. In Penner's case, that didn't happen for over a week. 

But under the new rules, all airlines would be required to reschedule within nine hours, even if it's with a competitor, Oommen said.

Compensation following cancellations would also be automatic, with the burden of proof placed on the airline, not the passenger. Airlines would be held responsible for disruptions except in very limited circumstances.

Airlines would also have to establish an internal process to deal with claims, and the complaint process through the CTA would be simplified so decisions are made faster. Penalties for airlines that don't follow the rules would also increase from $25,000 to $250,000.