When Marie Shields arrived at Vancouver International Airport to fly to Cancun, she says she thought it would be the beginning of a great vacation.
Instead, the B.C. resident says she was left scrambling. Earlier this year, Shields had booked a Sunwing Vacations package. However, at the time of departure, Shields says she was told she wasn’t on the flight manifest.
“I thought I was going to go to the airport, get on a plane, and have a nice relaxing flight,” Shields told Consumer Matters. “I was so anxious.”
Shields says there wasn’t a staff representative at the Sunwing YVR counter. Despite calling the Sunwing helpline, Shields says the issue wasn’t getting resolved.
To avoid missing her flight, she decided to purchase another ticket for $530. “I will buy a seat. I am going,” said Shields.
When Shields returned home and submitted a claim requesting a refund for the additional ticket, she says Sunwing apologized for the error and agreed to the refund.
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However, before proceeding with the refund process, Sunwing requested Shields sign a “release form” which included a strict confidentiality clause.
The clause would prevent Shields from sharing her recent Sunwing Vacations experience with anyone, including all media.
Shields refused to sign the form. “I thought it was intimidating, but they chose the wrong person to try and intimidate,” she said.
John Gradek, a lecturer at McGill University’s aviation management program, told Consumer Matters Sunwing’s request to Shields is a bully tactic.
“This is intimidation on the part of the carrier. They don’t want to share the bad news that they screwed up,” Gradek said.
Consumer Matters reached out to Sunwing on Shields’ behalf. Within days, the vacation provider reached out to Shields apologizing and agreeing to process her refund irrespective of whether or not she signed the release form.
Sunwing also offered her a $150 travel voucher for future use.
“It is standard practice for vacation providers to request a signed release form for compensation or refunds issued to customers, as it outlines the mutual understanding and acknowledgment of the transaction and that a positive resolution was reached,” Sunwing said in part in a statement to Consumer Matters.
Air passenger rights advocates say there is no such practice.
“It is egregious for an airline to ask for a gag order in exchange for a refund that was clearly owed to the passenger. The airline had absolutely no right whatsoever to demand anything in return other than acknowledgment the payment has been made,” said Air Passenger Rights president Gabor Lukács.
“Passengers have to say the magic word – no.”
Lukács recommends anyone in a similar situation contact their credit card company and request a chargeback or take the airline to the BC Civil Resolution Tribunal.
The Canadian Transportation Agency told Consumer Matters it received 43,549 air travel complaints last fiscal year between April 2023 and March 2024.
There were 2,133 made against Sunwing.
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