Inquiry: Sunwing flight incidents

Sunwing Flights between April 14 and 18, 2018

CTA issues Determination No. A-2019-58 and notice of violation

 

Background

The Canadian Transportation Agency (CTA) is holding an inquiry on Sunwing international flights that flew to or from the Toronto Pearson International Airport or the Montréal Pierre Elliott Trudeau International Airport between April 14 and 18, 2018 for which complaints have been filed with the CTA.

Toronto departures
SWG022, SWG026, SWG030, SWG068, SWG218, SWG271, SWG302, SWG406, SWG410, SWG412, SWG420, SWG436, SWG442, SWG511, SWG513, SWG515, SWG535, SWG600, SWG620, SWG626, SWG642, SWG680, SWG682, SWG684 (April 15), SWG684 (April 17), SWG706, SWG714, SWG730, SWG732, SWG746, SWG752, SWG784
Toronto arrivals
SWG031 (April 15), SWG031 (April 18), SWG201, SWG208, SWG305, SWG343, SWG407, SWG411, SWG413, SWG421, SWG437, SWG439, SWG443, SWG514, SWG516, SWG601, SWG603, SWG621, SWG627, SWG683, SWG685 (April 16), SWG685 (April 18), SWG715, SWG727, SWG731 (April 15), SWG731 (April 17), SWG753, SWG781, SWG783, SWG785
Montreal departures
SWG248, SWG306, SWG308, SWG378, SWG414, SWG426, SWG428, SWG434, SWG470, SWG517, SWG519, SWG604, SWG688
Montreal arrivals
SWG063, SWG249, SWG307, SWG307, SWG309, SWG379, SWG427, SWG429, SWG435, SWG471, SWG518, SWG520, SWG534, SWG538 (April 15), SWG538 (April 18), SWG605, SWG607, SWG653 (April 16), SWG653 (April 19), SWG659, SWG689, SWG793

This inquiry's focus is on whether Sunwing treated its passengers in a manner consistent with its terms and conditions of carriage for international flights (tariff) and whether those terms and conditions are reasonable.

Frequently Asked Questions

Q1. What was Sunwing ordered to do?

Sunwing must compensate passengers for out-of-pocket expenses by June 28, 2019.

Sunwing must also undertake contingency planning to ensure it meets its tariff obligations in cases of future widespread flight disruptions. Information on this plan must be provided to the CTA no later than August 30, 2019.

As well, Sunwing must revise and refile its lost or damaged baggage international tariff provisions to be consistent with the Montreal Convention, no later than May 8, 2019.

In addition to compensation owed to passengers, a CTA Designated Enforcement Officer has issued a penalty of $694,500 against the airline. Sunwing has until May 10, 2019 to pay the penalty.

Q2. When can I expect to be compensated by Sunwing?

This Determination addresses the 574 individual passenger active complaints filed with the CTA. Sunwing must make every effort to contact the passengers and settle expense claims individually with all passengers who are owed compensation, whether or not they submitted complaints. Expenses include, but are not limited to:

  • reimbursement for hotel accommodations, transfers to hotels and meal expenses incurred as a result of the delay; and
  • expenses for lost, delayed or damaged baggage, including the cost of replacement items.

Q3. What happens if a passenger is not able to reach an agreement on expense claims with the airline?

Should a dispute regarding expense claims exist even after attempts at informal resolution, the CTA may adjudicate the matter. Any passengers with existing complaints related to the flights covered by this Inquiry who believe that there are outstanding expense claims requiring dispute resolution by the CTA should contact the CTA no later than July 26, 2019 at: secretariat@otc-cta.gc.ca.

Q4. Why didn’t the CTA order Sunwing to compensate passengers for pain and suffering or loss of vacation time?

The CTA does not have the authority to award general damages or compensation for matters such as, pain and suffering or loss of vacation time.

Reference materials

Reports, decisions and determinations

2019-04-08
Canadian Transportation Agency issues determination in Sunwing inquiry – Sunwing to pay $694,500 penalty
2019-04-08
Determination No. A-2019-58
2019-04-08
Sunwing Airlines Inc. - Notice of Violation
2019-02-20
Response of Sunwing Airlines Inc. to Letter Decision No. LET-A-18-2019
2019-02-07
Letter Decision No. LET-A-22-2019
2019-01-22
Letter Decision No. LET-A-18-2019
2019-01-22
Inquiry Officer's Report - Sunwing Flights between April 14 and 18, 2018
2019-01-22
Sunwing interrogatories responses: Questions 1-9, Question 7 (corrected), Question 8 (corrected), Question 10
2018-12-24
Letter Decision No. LET-A-93-2018
2018-10-15
Letter Decision No. LET-A-68-2018
2018-05-02
Letter Decision No. LET-A-31-2018
2018-04-25
Letter Decision No. LET-A-30-2018

News

2018-05-02
Canadian Transportation Agency extends its inquiry into Sunwing flight incidents to include Montreal flights
2018-04-25
Canadian Transportation Agency launches inquiry
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