Passenger sues Sunwing over lack of 'champagne service' to Cuba

When Daniel MacDuff boarded a Sunwing flight to Cuba in February 2017, he expected champagne service, as advertised.

Instead, he was served sparkling wine in a plastic cup.

Now he's suing.

MacDuff is filing a class-action lawsuit in Quebec Superior Court against the carrier, accusing them of misleading marketing practices in violation of the Quebec Consumer Protection Act.

The resident of L'Ancienne-Lorette, a suburb of Quebec City,claims he could have chosen one oftwo other airlines on his trip to the resort of Cayo Coco.

"Sunwing had a mention that said service au champagne," said MacDuff's lawyer,Sbastien Paquette. "That attracted his attention, given that the price point seemed to be the same for all three options."

Paquette told CBC Radio's Quebec AMthe suit is not just aboutthe lack of champagne.

"It's more about Sunwing's marketing practice of advertising the word 'champagne' in various ads, billboards, written documentation," he said.

Paquette also said the billboards prominently feature flute glasses containing a sparkling liquid that most reasonable people would associate with champagne, especially in conjunction with the words advertised.

Lawsuit without merit: Sunwing

In an emailed statementto CBC News, a spokesperson for Sunwing Airlines said the suit is frivolous and without merit.

"The terms 'champagne vacations' and 'champagne service' were used to denote a level of service in reference to the entire hospitality package from the flight through to the destination experience and are not a reference to beverages served inflight or in-destination," wrote Jacqueline Grossman.

The statement went on to say that Sunwing accurately itemizes its inflight services on all relevant marketing materials and even announces them on the flights.

The court is expected to decide at a hearing in March whetherthe suit can proceed.

Paquette said his client is seeking punitive damages for the alleged wrongful practice, as well as compensation forthe price difference between sparkling wine and champagne.

He said it's too early to put a dollar figure on the amount.

If approved, Paquette said about half a millionQuebec travellers who have taken trips with Sunwing since February 2014 could be eligible for compensation.