30 cancelled Swoop flights leave customers bitter. Will passenger rights coming Monday help?

The abrupt cancellation of 30 Swoop flights over the first 10 days in July sparkedanger and confusion, with some customers payingout-of-pocket to salvage travel plans.

New federal air passenger protection regulations, which rollout Monday, aim to cut down on customerconfusionby laying out clear compensation amounts and treatment standards for mishaps involving all airlines. But rulescovering cancelled and delayed flights won't take effect until December. The regulations also face twolegalbattles, including one from airlines trying to quash themin court.

In the meantime, upset Swoop passengershavedlaunched their own battles.So far this month, the Canadian Transportation Agency has received 19 complaints concerning cancelled Swoop flights.

The ultra-low-cost-carrier, which is owned by WestJet, said the cancellations were caused by unscheduled aircraft maintenance.

"Safety is our number one priority," said Swoop spokespersonKaren McIsaac in an email. "We are deeply sorry for the inconvenience and disappointment we have caused and continue to direct our efforts to assisting those travellers that have been affected."

Radek Romanowski got his cancellationnotice the evening before his July 8 return flight from Fort Lauderdale, Fla., to Hamilton. A secondemail that night informed him that he was rebooked to fly on July 15 one week later.

That didn't work for the small business owner who needed to return home to Komoka, Ont., for work. But he couldn't call Swoop to complain because it was Sunday and the call centre was closed. He did send an email, but received no reply.

"It's very, very bad business practice," said Romanowski. "No communication, no conversation, no answering, nothing."

In desperation, hiswife, Hanna, used up more than 22,000 Aeroplanrewards miles to rebook him on anAir Canada flight the next day.

"It should be better back-up or better service to get people back to where they are going," she said.

Kevin Blenkhorn found out his Swoop flight was cancelled when he and his wife showed up at the Hamilton airport on July 7 to take their return flight to Edmonton.

"I was not happy," said Blenkhorn who lives in Fort Saskatchewan, Alta. Swoop had rebooked him on a flight that departed six days later, but Blenkhorn needed to get home immediately to return to his mining job.

He found a flight leaving the next morning on WestJet Swoop's owner totalling $1,462 for two last-minute tickets. He wassurprised that WestJet wouldn't waive the cost.

"I called WestJet and they said, 'Well, we really don't have anything to do with [Swoop].'"

Blenkhorn'snewbookingcost him close totriplethe price of his yet-to-be refundedSwoop tickets. Following the advice of a Swoop employee at the airport, he filed a claim with the airline, requesting reimbursement.

"Tilthe money's in the bank, I'm not counting on anything," he said.

What does Swoop owe passengers?

CBC News interviewed a total of four affected Swoop customers who each said they were unhappy with what was offered: a refund or a rebooking on a Swoop flight ona later date. Those are also the only options the airline publicly listed in tweets to complaining passengers.

However, for flight cancellations within its control, the airline's current rule book or tariffs also lists another alternative: rebooking passengers on a different airline "in situations where other options have been deemed unacceptable."

CBC asked Swoop why many passengers weren't also offered a rebooking on another airline.

"We are following what is stated in our tariffs," said spokespersonMcIsaacon Tuesday. "After rebooking on the next available Swoop flight, we are working on a case-by-case basis with travellers on alternate arrangements if the new flight time provided is not suitable."

Consumer advocateJohnLawford said based on Swoop's written rules it could be left open to interpretation when precisely it had to offer affected passengers seats on another airline.

He believes Canada'snew air passenger regulations will help cut through the ambiguity.

"This whole thing is set up to be consumer friendly, easy to understand, consistent, transparent," said Lawford, executive director of the Ottawa-based Public Interest Advocacy Centre.

However, some critics saythe regulationsaren't tough enoughbecause, among other complaints, passengers on "small" airlines have fewer rights.

For example, the rules allowsmall carrierssuch as Swoop to pay out lower compensation and offer fewer travel options when flights are cancelled.

But Lawford saidat least passengers will be able toeasily access all the rules before they choose an airline, and make their decision accordingly.

Court battle takes flight

The air passenger protection regulations also face a couple of legal challenges.

On June 2, 17 applicantsincluding Air Canada, Porter Airlines and the International Air Transport Association arguedin a Federal Court of Appealfiling that the regulations are "invalid" because they contravene international standards.

Lawford said the new rules will still roll outMonday.But he fears some airlines may refuse to comply while the case is before the courts.

"They'll hide behind their lawsuit."

All of Canada's major airlines, including Air Canada and Porter told CBC News they will comply with the current rules.

Disability rights advocateBob Brown and passenger rights advocate Gabor Lukacs have also filed an application withFederal Court of Appeal, challenging the regulations.

They claim rules allowingtarmac delays of close to four hoursviolatethe charter rightsas some people with disabilitiesmay not be able to tolerate such a long delay.They also argue the regulations take away some existingprotections for "bumped" passengers.