Sunwing Airlines has recently cancelled all its flights to and from Saskatchewan, at least until February 4, 2023. While the airline speaks about repatriating passengers already stranded abroad, Sunwing has been refusing to rebook affected passengers on flights of other airlines, and insists that passengers’ only option is getting a refund of their airfares.
Sunwing’s conduct indicates that it wants to walk away from its contractual obligations.
A deal is a deal
Sunwing Airlines cannot unilaterally cancel the contract of carriage. Sunwing Airlines must either rebook you on flights of other airlines on its own dime or compensate you for your damages caused by its failure to transport you. Damages include costs you incur for arranging alternative transportation on your own.
We suggest the following steps to assert and enforce your rights.
1. Demand alternative transportation (rebooking)
Request in writing that Sunwing Airlines rebook you on flights of other airlines within a reasonable time. Advise Sunwing Airlines that should it fail to do so, you will be seeking damages. Use this template.
Mr. Atkins:
On DATE OF BOOKING, I/we purchased tickets under booking reference REFERENCE for the following flights of Sunwing Airlines (“Sunwing”):
- Flight 1234, departing ORIGIN on DATE at TIME and arriving at DESTINATION at TIME; and
- Flight 4321, departing ORIGIN on DATE at TIME and arriving at DESTINATION at TIME.
On DATE, I/we learned that Sunwing had chosen to cancel its flights to and from Saskatchewan, including Flights 1234 and 4321 on which I/we purchased confirmed seats.
Sunwing has failed to offer me/us alternative transportation to my/our destinations, and appears to be seeking to walk away from its obligations under the contract of carriage by unilaterally refunding the airfare.
This is unacceptable.
I/We hereby request that Sunwing arrange for alternative air transportation for me/us on the dates of my/our original travel at its own cost.
Should Sunwing fail and/or refuse to arrange for alternative air transportation within 48 hours, I/we will have no choice but to arrange for alternative air transportation on my/our own, and I/we will be seeking compensation from Sunwing for all my/our damages, including but not limited to the cost of arranging for alternative air transportation.
I/we look forward to hearing from you.
Sincerely yours,
LIST OF AFFECTED PASSENGERS
2. Demand compensation
If Sunwing Airlines ignores or refuses your request to be rebooked on flights of other airlines, arrange for alternative transportation on your own, and seek compensation for your expenses. Use this template.
Mr. Atkins:
On DATE, I/we purchased tickets under booking reference REFERENCE for the following flights of Sunwing Airlines (“Sunwing”):
- Flight 1234, departing ORIGIN on DATE at TIME and arriving at DESTINATION at TIME; and
- Flight 4321, departing ORIGIN on DATE at TIME and arriving at DESTINATION at TIME.
On DATE, I/we learned that Sunwing had chosen to cancel its flights to and from Saskatchewan, including Flights 1234 and 4321 on which I/we purchased confirmed seats.
Sunwing has failed to offer me/us alternative transportation to my/our destinations, and appears to be seeking to walk away from its obligations under the contract of carriage by unilaterally refunding the airfare.
I/We therefore had no choice but to arrange for alternative air transportation on my/our own, because Sunwing has ignored and/or refused my/our request, dated DATE OF STEP 1, to arrange for alternative air transportation for me/us on the dates of our original travel at its own cost.
As a result of Sunwing’s conduct, I/we have incurred damages totalling AMOUNT, as shown on the attached receipts.
I/We request that Sunwing compensate me/s for this amount. Should Sunwing refuse or ignore my/our request and fail to reimburse us within 14 days, I/we may commence a legal action against Sunwing and seek additional damages, including but not limited to punitive damages.
Yours very truly,
LIST OF AFFECTED PASSENGERS
3. Take Sunwing Airlines to court
If Sunwing Airlines refuses to pay, you have several options to make them pay:
- Small claims court of your province (no lawyer is required).
- Teaming up with other passengers and hiring a lawyer to sue in a provincial superior court or in the Federal Court.
- Class action, if you agree to be a representative plaintiff.
Sunwing Airlines may not rush to pay, but they will likely settle before it goes to trial. After all, no airline wants to have lawsuits by its customers clinging to its wheels.
Dos and Don’ts
- Do be clear, concise, factual, and professional.
- Do include details necessary for identifying your booking.
- Do record your telephone call if you are speaking to an airline's representative.
- Do not express emotions in your correspondence.
- Do not include personal details about why this trip is important for you.
Last but not least, do not bring your case to the Canadian Transportation Agency (CTA). They have a backlog of 30,000 complaints, may take 18 months to get back to you, and are not your friends.
