‘Ghosted’: Canadians stranded in Puerto Vallarta say they are abandoned by WestJet

Cartel violence hit the popular tourist area of Puerto Vallarta on Sunday, cancelling flights in and out of the town.

Canadians were told to “shelter in place” after violence erupted over the killing of cartel leader and drug lord Nemesio Oseguera, better known as “El Mencho,” in a military raid.

Flights resumed on Tuesday, but Alexus said that all they have been doing is waiting.

She said they did get one email from WestJet that they could try to manage their trip on the website or the app, but she said it wasn’t working.

“We were in contact with our travel agent and she was on hold with WestJet for like five hours,” Alexus said.

“So we have tried phoning, we tried emailing.”

She said they are hearing nothing, but have finally booked a flight home on March 3.

“Our vehicle is parked at Comox, so we need to get back to Comox,” she added.

“We’ve had to extend our health insurance, we’ve had to get more prescription medications. It would just be really helpful to get some information, like are they working on it or have they forgotten about us? I have a booking number and I put that in and it doesn’t know, it says they don’t know what that is.”

Gábor Lukács, founder of Air Passenger Rights, told Global News that WestJet is not following the law.

“The law requires WestJet to rebook passengers on competitor airlines at its own dime in such situations,” he said.

“If the airline is unable to re-book a passenger on its own or partner airlines departing within 48 hours of the original departure time, they have to buy the passenger’s seat ticket on the next available flight of any carrier. And that means including competitors. That’s what the law says, that’s what WestJet has to do. The problem is that WestJet is flouting the law. WestJet treats the law as if it was just friendly recommendations.”

Lukács also said this situation could lend itself to a class action lawsuit.

“I think the only question is why WestJet feels that they can get away with it and the reason is because the federal government is not enforcing passengers’ rights,” he added.

“What we see here is not so much a failure in the drafting of the regulations as much as a failure of the government to enforce the law as written.”

The Canadian Transportation Agency (CTA) confirmed to Global News in a statement that it is investigating the recent flight disruptions.

“As per the Air Passenger Protection Regulations (APPR), for flight delays or cancellations, airlines must try to minimize the impacts that they have on passengers and their travel,” the organization said. “They must always ensure that passengers can complete their itinerary as soon as possible.

Initially, the CTA said that “for large airlines and for situations outside their control, they must, at the passengers’ choice, refund any unused portion of the ticket or rebook them, free of charge, on their next available flight or on the next available flight of an airline with which they have a commercial agreement with from the passengers’ original airport within 48 hours after the departure time on their original ticket, or on a flight leaving another airport, if there is an option nearby, if they cannot book them on a flight leaving within 48 hours at the original airport.”

However, they later clarified their statement saying that “If airlines cannot book passengers on a flight leaving within 48 hours, they must rebook them on any flight by any airline, including at another airport, if there is an option nearby.”

It does not have to be an airline with which that airline has a commercial agreement.

Jonathan MacIntyre, from Kamloops, flew to Puerto Vallarta on WestJet on Feb. 16 and was due to fly home on Feb. 23.

He said they also haven’t had any communication from WestJet after hearing their flight was going to be rebooked, but then, nothing.

“We had no clue when we were going to be heading home,” MacIntyre said.

“So every time we had to extend our stay, we’re like, okay, are we staying one more night? And we just basically, every morning, our first step was go down to the hotel. Yep, we need to extend our stay. We have no plans to leave today. And then when you had breakfast, continue our day, wait to see what happens.”

He said he was able to find flights himself that would have suited him and his partner to get home, but they heard nothing about any availability from WestJet.

“They’re supposed to get you on the soonest flight possible on their carrier,” MacIntyre said. “And that’s the part that probably upsets me the most, because of all the flights that were there yesterday. The 48 hours is only if they use the competitors. And unfortunately for us, that ended at about 4:00 this evening. So they could have used the competitors tonight, but the fact they could’ve used their own yesterday and today and forever.”

He decided to take matters into his own hands and reached out to Lukács after getting nowhere with WestJet Vacations and Lukács gave him the information about the 48-hour window.

But when he called WestJet Vacations back with this information, he said he was told there were no available flights and they were not offered anything.

MacIntyre eventually booked flights home on WestJet, out of pocket, for $2,200.

“I’m also losing income right now,” he said. “I’m not working like I’m supposed to be. So I’m out of pocket, me, well, my partner is the one who paid for the flights, but me personally, I am going to be out of pocket almost $1,000 just in lost wages. That doesn’t include the fact that I potentially would have lost a concert that we had planned for this Saturday and a sporting event for Sunday that I’ve already paid for. So I would have been out of pocket over $1,500 most likely.”

MacIntyre said he also plans to take WestJet to the Civil Resolution Tribunal to get his money back.

“It’s completely bonkers because if I’m doing this and I’m a pretty tech-savvy guy and I know a lot of things to do, I can’t imagine what somebody else is going through right now,” he added.

“Somebody else in my situation might be sitting in an Airbnb, not an all-inclusive resort, with absolutely nothing that they can do other than sit on their hands, wait for the phone to ring, and WestJet to say, ‘Hey, get to the airport in the next two hours.’”

Lukács said MacIntyre did the right thing in this situation.

“When an airline fails to comply with its legal obligations to the passenger, the passenger is in a legal position to take things into their own hands,” he said.

“It’s important to first give the airline a chance to comply, and (MacIntyre) has done that. Once the airline failed to comply with its legal obligations, you, as a passenger, can buy a ticket, incur expenses needed, come back to Canada, and then make WestJet pay for those expenses. Present the bill they received to WestJet; if they refuse to pay, take the airline to court.”

In a statement to Global News, WestJet said it has now scheduled 12 additional flights, aside from numerous scheduled daily flights, to Puerto Vallarta to help passengers return to Canada.

“Air-only guests can use our online Manage Trips tool and our call center to confirm new flights, or refunds if they prefer,” the airline said.

“Guests who booked via a travel agent may also contact their agent for assistance with rebooking or refunds. Guests travelling on Sunwing Vacations, WestJet Vacations or Vacances WestJet Quebec are also welcome to contact their vacation provider or travel agent for assistance.”

WestJet also said that if a passenger has not received communications from them by this point, it may be due to incorrect or missing contact details in their reservation and they recommend contacting WestJet, their vacation provider, or their travel agent to obtain a flight or a refund.

Alexus said the situation has left them frustrated.

“We’ve been very loyal to WestJet for years,” she said. “Like we have their credit card, we always fly WestJet… We’ve been ghosted. We just don’t hear anything.”

by Anne Drewa & Amy Judd/Global BC

‘Ghosted’: Canadians stranded in Puerto Vallarta say they are abandoned by WestJet

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