We were due to fly with Thomas Cook Airlines/Canadian Affair to Toronto from Birmingham on Sat 27th August. On arrival at check in we were told there was a 'problem' with this flight and to wait with the other passengers in a lengthy queue. An hour later we were told that instead of departing at 0915 the flight would now be departing at midnight - around 15 hours later. The aircraft had technical problems, something to do with fuel I believe, and had not even left Toronto. We were told we needed to check in our baggage, collect a breakfast voucher, and that we would then be taken to a local hotel until 2130 that evening. Knowing of the 'Air Passenger Rights' charter (but not having fully read it at the time!) I believed Thomas Cook should have given us the right to cancel the flight if the delay was over 8 hours. TCX told us it didn't apply to charters. My partner and I didn't want to check in as we wanted to try and get on an alternative flight but felt we had little option. A short while later we spotted a poster of the Air Passenger Rights in the terminal and got a senior TCX worker to come and check it with us. She eventually conceded that it did cover charters and said we could cancel our outbound flight and receive an £81 refund (despite paying £165 for the outbound sector). The APR said that after a 5 hour the airline must offer a 'full refund' if required ... maybe someone will explain to me what a full refund is! To be fair, the Canadian Affair representative at BHX was extremely helpful, despite being so obviously busy. He said that Canadian Affair would refund us the total outbound sector of £330 and we were lucky enough to get two last minute seats on an Air Transat flight because two passengers had turned up without their passports. It cost us an additional £200 to take this flight but we were just happy to avoid the 15 hour delay (and we were also upgraded which helped!).

It was only on our departure from YYZ on Saturday 2nd Sept that we found out the rest of the story. We were approached by a family at the airport who recognised us as 'the couple who escaped' the previous week!
The flight had eventually left at 0130 on Sunday 28th Aug but was turned away from YYZ as the airport was closed. They were sent to Ottawa which was the nearest 24 hour airport but passengers were not told until they had landed. Some were hysterical by this point. They spent the next 3 and a half hours on the plane, given only water, waiting for customs to open, followed by 2 hours in arrivals where they were given coffee and a muffin. As the flight crew were now over their hours, the aircraft couldn't be flown on to Toronto. There then followed a 2 hour wait for coaches and eventually a 4 and a half hour coach tranfer to Toronto. The passengers eventually reached Toronto at 1630, some 28 or so hours late.

I can appreciate that technical problems happen from time to time but I feel this was an appalling way to treat passengers, many of whom were young children/elderly. We had a lucky escape ... I would have paid a lot more than £200 to escape that fiasco.

We were sent by post a letter confirming the length of delay for travel insurance delay purposes (despite not actually taking the flight!). Not that we are seeking any, but I thought the onus was now also on airlines to provide compensation?

Cazz