What can Canadians stranded in Mexico do as airlines cancel flights?

Canadian tourists in Mexico are being urged by the Canadian government to shelter in place following the killing of the notorious leader of the Jalisco New Generation Cartel by Mexican special forces.

Cars burned out by cartel members blocked roads at more than 250 points in 20 Mexican states, including the popular resort city of Puerto Vallarta in Jalisco, and left smoke billowing into the air.

Approximately 26,000 Canadians in Mexico have registered with Ottawa, according to Global Affairs Canada, which adds there are 5,000 Canadian tourists currently in Jalisco State alone.

Major airlines, including Air Canada and WestJet, have cancelled or diverted flights in and out of Puerto Vallarta, leaving thousands of Canadians stranded, rebooked or scrambling to get home.

Gabor Lukacs, president of Air Passenger Rights, explained to CityNews what consumer rights Canadians have in this evolving situation.

For those who are in Mexico right now, what rights do they have if their flight’s been cancelled or delayed?

The most important right you have is a right to alternate transportation. Your original airline has to buy you a ticket on another airline if they cannot get you home on the next available flight of any carrier, even if it departs from a nearby airport and they have to also provide you with alternate transportation, ground transportation to that airport. Don’t accept a refund, though. If you accept a refund, then you waive your right to alternate transportation.

What about those who are in Canada right now? Spring break is coming up, people had plans to go down to Mexico. What rights do they have if their flight’s been cancelled?

If your flight has been cancelled, then you have a right to a refund in the original form of payment. However, if your flight has not been cancelled yet, then you just have to wait. If the airline does operate your flight, then it is not something you can decide ‘I don’t want to go and seek a refund.’ Then it is an insurance matter.

If you do want to go, for some reason, maybe, seek relatives down there, and your flight was cancelled to Mexico, you also have a right to alternate transportation at the airline’s expense.

What is important to know, whether you are coming or going, if the airline fails to provide you with alternate transportation in the reasonable amount of time, couple of hours after the cancellation, you can go and buy yourself a ticket on a competitor airline and then send the original airline the bill and make them pay for it if necessary in small claims court.