Cuba vacation woes land in small claims court as more travellers seek compensation

Hey there, time traveller!
This article was published 03/11/2023 (707 days ago), so information in it may no longer be current.

Deanna Lang was hoping for at least a little bit of relaxation when she jetted to Cuba for a beach vacation with her mother and her five sons in April.

Instead, the Winnipeg woman claims cockroaches, filthy guest areas and thefts of children’s belongings from her room ruined their weeklong stay at a Sunwing Vacations resort.

“The minute we got in, I was completely horrified,” the 34-year-old mother said. “The resort was completely rundown. The cockroaches were running everywhere — on the walls, in the corners, under the bed.”

Lang is taking Toronto-based Sunwing to Manitoba’s small claims court in a bid to recoup the $8,000 cost of the trip to the all-inclusive Memories Varadero Beach Resort, reflecting an apparent increase in cases against some travel companies.

She said the resort — run by Sunwing subsidiary Memories Resorts and Spa — was not as advertised and lacked enough food, water, toilet paper and cutlery for guests.

She claims her complaints to resort workers were fruitless, she couldn’t find an on-site Sunwing representative despite repeated visits to an office, and Sunwing staff in Canada didn’t respond to mid-trip requests for assistance.

“I feel I literally had my pockets robbed,” said Lang, a first-time Sunwing customer.

She said she waited more than four months for Sunwing to respond to her claim for compensation. She decided to go the small claims route after the company offered a $100 voucher Aug. 29.

Sunwing told her it had no record of her seeking help during the trip.

The company, which was served notice Oct. 27, has not yet filed any documents in its defence. A hearing is scheduled for Jan. 29.

“We can confirm that Sunwing is in receipt of the small claims case in question,” an unnamed spokesperson wrote in an email to the Free Press.

“The claim will be reviewed and Sunwing will provide a response to the court within the court-provided timelines. As this is an active case with a pending court hearing, Sunwing is unable to comment further at this time.”

Lang said the voucher was offered in an email addressed to her 11-year-old son and attempted to deflect blame onto her, the travel agent she booked with and the overall state of things in Cuba.

She said the Sunwing email, which was shown to the Free Press, stated Cuba is a “third-world country,” where resources are limited and resorts struggle to repair damage and maintain facilities.

Lang said none of that information was included in the Sunwing promotional material. She also said she should have done more research on the resort before booking.

Basic searches of the online Manitoba Court of King’s Bench database suggest there has been an uptick in small claims cases against certain airlines or travel companies this year.

Database entries show plaintiffs are seeking compensation for everything from alleged injuries or lost items to failures to meet obligations of federal Air Passenger Protection Regulations.

While there is no guarantee of success, Halifax-based air passenger rights advocate Gabor Lukacs recommends Canadians pursue reimbursement via small claims court instead of other channels.

“Small claims court is a way to get justice,” said the founder of the advocacy group Air Passenger Rights. “A judge may agree or disagree with you, but ultimately you’re going to get a fair hearing.”

He suspects most complainants decide not to pursue a small claims case against an airline, hotel or travel operator because they fear the process is complicated, time-consuming or costly.

“It’s a question of resources,” said Lukacs. “Do you want to spend half-a-day or a day on a trial for a couple hundred dollars?”

Companies have lawyers at their fingertips, he noted. “It’s a very imbalanced type of fight from the passenger perspective.”

He claims some companies’ claims processes are designed to discourage people from seeking compensation.

Air travellers can seek compensation for alleged APPR breaches via the Canadian Transportation Agency, a quasi-judicial tribunal. The process isn’t swift, however.

A backlog of cases has swelled to more than 61,000, the CTA confirmed Friday.

The current wait time for disputes to be processed is more than 18 months, said CTA spokesman Vincent Turgeon.

He said the agency is taking steps to eliminate the backlog to ensure “fair and timely” resolutions and “access to justice” for Canadians.

In April, Ottawa announced reforms intended to close a loophole that allows airlines to deny compensation for cancelled flights.

Lukacs has accused the CTA process of lacking transparency and impartiality.

Lang’s case focuses largely on alleged failures by a resort operator, rather than an airline. She felt she had no other option but to take the matter to court.

She claims stress caused her to break down in tears during her trip.

“My mom and I agreed we need a vacation from this vacation,” said Lang.

chris.kitching@freepress.mb.ca