Airlines responsible for preventing inconvenience during Max jet groundings, advocate says

When Terry Cashinplanned his upcomingcruise, he didn't think the trip to get from his home in Abbotsfordto San Diego would take two days.

His trip originally had him flying from Abbotsford to Calgary, then connecting to fly to San Diego.

Now, he says,WestJet told him thatbecause itsMax7 and Max 8 jets have been grounded, his Abbotsford to Calgary flight will be the day before his flight to San Diego. That means he will have to spend the night in Calgary, a cost the airline says it's not responsible for.

"I understand this is beyond their control," saidCashin."But when I told them this could cost about $200 for hotels and meals, they said 'sorry that's your own expense' ... I thought that was unfair."

'Uncontrollable delay'

Transport Canadadecidedto close Canadian airspace to the aircraft after a Max 8 jet operated by Ethiopian Airlinescrashed on March 10, killing all 157 peopleon board, including 18 Canadians. Previously, a Max 8 planecrashed off Indonesia in October, killing 189 people.

WestJetsays the Max jets grounding falls under its uncontrollable delay policy, therefore, it's not responsible for costs incurred by passengers.

Airline passenger rights advocate, Gabor Lukacssays airlines have had more than enough time to figure out rescheduling passengers.

"The airline cannot just point the finger to the grounding of the Boeing737 Max8 and say that's the reason," he said."That's not enough ... the airline still has a duty to take all reasonable measures to prevent damage to the passenger."

He says that could includerebooking passengers on other flights, orleasing an aircraft from anothercompany. The airline needs to be able to prove it took appropriate measures to prevent an extra cost to the passenger.

Lukacs recommends passengers document experiences with airlines' customer service representatives. If costs are incurred, passengers could take the case to small claims court.

"If the airlines start getting hundreds or thousands of claims from passengers they will have to pay. If there are many claims of the same nature it may well become a class action."