The new voucher can only be used for other Flair flights within a 60-day time span – and children aren’t eligible, among other caveats.DARRYL DYCK/The Canadian Press
Flair Airlines, the Canadian budget carrier plagued by controversy in recent years, has launched an “On-Time Guarantee” that offers passengers a travel voucher in the event of flight disruptions. But consumer advocates say that it may discourage customers from seeking the full compensation they’re entitled to.
Flair said in a press release Wednesday that customers booking through its website would receive a $60 voucher if their flight was delayed by more than 60 minutes or cancelled within 72 hours of departure.
“The guarantee is simple: if we don’t get you there on time, we’ll compensate you,” said Maciej Wilk, interim chief executive officer of Flair Airlines, in the statement.
“What’s the catch? There isn’t one!” says a fact sheet on Flair’s website.
The accompanying fine print suggests otherwise.
The voucher can only be used for other Flair flights within a 60-day time span – and children aren’t eligible, among other caveats.
Given these restrictions, experts say the promotion isn’t just a weak incentive – it might also have the effect of diverting passengers from going to the Canadian Transportation Agency where they may be entitled to a much higher cash compensation.
Geoff White, executive director of the Public Interest Advocacy Centre, said airline passengers experiencing delays and disruptions are already entitled to compensation through the CTA if their flight is cancelled for reasons under the airline’s control. The CTA is a quasi-judicial tribunal overseeing federally regulated transportation and adjudicates customer complaints against airlines.
Flair’s offer can distract customers who may not know their rights and put them at a serious disadvantage, Mr. White said.
“The CTA’s minimum compensation for complaints and the minimum compensation for flight delays, for example, is a lot higher than what Flair is offering here – hundreds of dollars if the delay is more than three hours,” he said.
In a statement, Flair said the “On-Time Guarantee” is an independent initiative from Flair and “does not affect or aim to replace” air passenger protection regulations in any way.
Another concern with the guarantee is that customers who want to take advantage of it would have to use Flair again when they may not want to, said Gabor Lukacs, president of Air Passenger Rights, a consumer advocacy group.
If you have been very unhappy with the service and don’t ever want to fly with the airline again, then your voucher is worthless, he said. “It’s really a way to get people to spend even more money on subsequent flights.”
Whether accepting the voucher ends up interfering with passengers getting what they’re entitled to under Canada’s air passenger protection regulations is a tricky question.
“The answer is, technically, it should not circumvent that process,” Mr. White said. “But practically, it might. And that’s a huge problem.”
According to him, CTA’s process works such that all parties, the airline and the passenger, are first encouraged to settle. “Once the CTA is notified of a settlement from the airline, they go back to the passenger. The passenger still has a right to complain and seek more compensation,” he said.
The big question, practically speaking, is whether passengers are aware that they can demand more compensation. Or, “whether or not the customer is aware the CTA exists in the first place,” Mr. White said.
One worry is that filing a complaint with the CTA can be slow, so customers might be eager to pick an easier alternative, such as a voucher. As of this summer, the backlog of complaints with the CTA was more than 70,000. The airline has 14 days to review a complaint and provide information, but the complaints resolution officer can make their decision any time within 90 days of the complaint start notice.
“There are concerns with the backlog at CTA, which I don’t dismiss, however, that isn’t any reason to think that that regime needs to be done away with – the airlines would love nothing more than to have that regime undercut,” Mr. White said.
What he believes airlines should do is offer what’s in the regulations automatically. “That will just eliminate the struggle with the CTA in the process, and the further headaches customers have to go through.”
For now, experts say the Flair announcement may be a missed opportunity for the beleaguered airline. “I suspect the effect of this highly fine-printed offer is going to cause more grief for passengers than solutions,” Mr. White said. “It’s not what passengers deserve.”