Thousands of Canadians vacationers are stranded and have been advised to shelter in place at resorts and hotels in Puerto Vallarta, Mexico after a flareup of violence in the tourist region.
Flights by major airlines, including Air Canada, WestJet and Porter, have been cancelled after violence was triggered by the Mexican special forces killing of cartel boss Nemesio Oseguera Cervantes, known as ‘El Mencho.’
If you’re among the stuck, or one of many Canadians who booked upcoming trips to Mexico, you might be wondering what your rights are, and if you can get any money back for cancelling.
Here’s what you need to know:
I’m stuck in Mexico, can I get a refund for my flights?
Gabor Lukacs, president of non-profit advocacy organization Air Passenger Rights, said that if your flight is cancelled, you are legally entitled to rebooking or a refund.
You may also be able to get standardized compensation for your inconvenience, ”because it is unclear whether the cancellations outside the carrier’s control given that other airlines are still operating.”
Under Canada’s Air Passenger Protection Regulations, security threats, war and political instability are among factors that are considered outside of an airline’s control.
But, “just because it is not economical or inconvenient to fly,” says Lukacs, “does not mean it is impossible.”
If you are not rebooked, he’d recommend booking another flight, if you can find one, keeping your receipts and filing a claim with the airline to get them to pay for it.
If they refuse, Lukacs says you can take the airline to small claims court. But you first need to give the company time to rebook you.
“Rebooking may be from a nearby airport,” he said. “Just because all Puerto Vallarta flights are cancelled is not a way for the airline to wash its hands.”
A spokesperson for WestJet referred the Star to a statement on their website that said their flexible/change policy is in effect for all guests travelling to Puerto Vallarta International Airport, Guadalajara International Airport, and Playa de Oro International Airport over the next two days.
For people already there, “WestJet and Sunwing are arranging extended stays so guests can comply with local official guidelines,” the statement says.
A spokesperson for Porter Airlines said passengers are being offered complimentary flight changes for Puerto Vallarta through Feb. 25.
“If their flight is cancelled and we cannot offer rebooking options within 48 hours, we will also provide a refund option,” the spokesperson said.
Flair Airlines has already rebooked passengers in Puerto Vallarta and Guadalajara for Tuesday flights, a spokesperson told the Star.
What about my hotel, cruise or resort costs?
As of press time, Ottawa has a yellow travel advisory, (“exercise a high degree of caution”) for Mexico.
There’s an orange travel advisory (avoid non-essential travel) for several regions, including Jalisco, within 50 kilometres of the border with Michoacán state.
In general, Travel Secure president Martin Firestone says that if you bought cancellation and interruption insurance and there’s a level three (avoid all non essential travel) warning where you are, that’s the threshold for a full refund.
If you didn’t buy travel insurance, you’re out of luck, said Firestone, who added his phone has been ringing off the hook with questions from worried tourists.
Cuba is not a travel option right now because of fuel shortages and black outs, and many Canadians want to avoid the U.S. So Mexico was a popular destination this winter.
“Travel is turned upside down,” he said.
What about Airbnb?
The accommodation sharing company is implementing its Major Disruptive Events Policy, for Jalisco as well as other impacted regions, for cancellations, said spokesperson Matt McNama.
And medical insurance?
Keep in mind that if you purchased travel medical insurance only for the period you expected to be away and you are still in Mexico, it may have run out.
“I’m getting calls from people whose insurance was over at 11:59 p.m. because they were planning on coming home last night,” Firestone said.
I have an upcoming trip to an affected region, can I cancel and get my money back?
Firestone said that if you are travelling to an area with an avoid non-essential travel warning and you purchased cancellation and interruption insurance, you would be covered.
“That’s the triggering mechanism to have all their costs covered for both interruption and cancellation,” he said.
“The most important thing is that you have to wait until the airline cancels your flight,” Lukacs added. Until then, you booked at your own risk and “that’s really not your airline’s problem.”
I have a vacation to another part of Mexico booked, but I’m still worried, what can I do?
In general, you’d be on the hook for your costs if you decide to stay home, said Firestone.
Frédéric Dimanche, a professor at TMU’s School of Hospitality and Tourism Management, advises tourists with trips coming up to purchase travel insurance, if they still can.
Dimanche explained that travel insurance is not priced based on one’s destination. As such, he does not expect premiums to go up as a direct consequence. Although when there are travel advisories in place some insurers may not want to cover you.
It comes down to your risk tolerance. And many travellers may decide to cancel, said Wayne Smith, director of the Institute for Hospitality and Tourism Research at Toronto Metropolitan University.
Safety has always been a priority for Canadians when choosing holiday destinations, he said.
That’s partly why there has been such a sharp drop off in tourism to the United States, Smith explained, after news of Canadians being detained south of the border made headlines.
“A lot of that has to do with the feeling of being safe and secure in that environment. (It’s why) places like Portugal have become really popular.”
