Confusion over flight nearly ruins Shelby Township family's vacation

Family, travel agent believed they wouldn't be allowed on outgoing flight

DETROIT – Spring break can be a popular time for families to take vacations, with some of them spending a lot of money on big trips like cruises.

A family in Shelby Township booked a seven-day Caribbean cruise.  Karolyn and Randy Tomayko and their three boys will be meeting Karolyn's parents, and her sister's family in Florida for the trip.

The Tomayko's booked their cruise and flights early using a travel agent, but just weeks before flying out of town, they discovered a problem.

"My heart sunk and I just stopped and I said 'Are you serious?'," said Tomayko.

Tomayko was sitting in her den when she got a call from her travel agent, Maureen Sturza, who told her Spirit Airlines would not let them board their flight to Florida March 31.

The Tomaykos have to fly to Florida by that date because the cruise leaves that day.

This is an important vacation to them because they're meeting family to celebrate Karolyn's father's 75th birthday.  It is a special milestone for the entire family.

"My dad had a bout of cancer in 2009, so it was kind of like we're lucky to have him around," said Tomayko.

Sturza, a travel consultant for Travel Service Plus in Clinton Township, was shocked by what happened to her clients.

"In the 32 years I have been a travel agent, I have never seen that," said Sturza.

Sturza said the first call she received from Spirit Airlines was on February 25.  The airline informed her they were downgrading the aircraft to a smaller plane.

"They advised me that they could not provide air to get my client to get down to Orlando, so they were offered either A: a refund, or B: They could fly out four days later and neither option would get them to their cruise on time," said Sturza.

Sturza said Spirit kept her clients reservation in tact, but told her to make sure the Tomaykos get to the airport three hours before the flight.

That was the plan until a week and a half ago when Sturza received another call from Spirit Airlines.

"They left me a voicemail and advised me that my clients would either be A: Removed from the flight, or B: They would have to fly out four days later," said Sturza.

Tomayko decided to call Spirit's call center herself to find out what was happening to her family's flight.

"Each person I spoke with was saying 'No, no, I'm sorry,'" said Tomayko.

Tomayko said the call center told her that she could get a refund or fly out on April 2.   

She also said she was told there was a flight downgrade due to a mechanical problem.

"That's not my problem.  That's your problem.  So I explained to her, 'how are you going to fix your problem?'" said Tomayko.

Both Tomayko and Sturza were confused by what the real problem is, they were both told the flight was being downgraded, but then Struza received a voicemail from Spirit Airlines

"Hi my name is Terri. I'm calling from Spirit Airlines on behalf of the Tomayko party of five traveling Detroit Orlando on NK801 Saturday March 31st.  Unfortunately, we are in an oversold situation, and we are now forced to move the last customers booked off the flight."

Tomayko was very upset.

"Why are we not valuable enough to solve this problem?" said Tomayko.

The Tomayko family believed they couldn't board the Spirit flight, so they decided to take the refund and book new tickets on an Air Trans flight.   The new flight leaves two days earlier than they planned to go.  It also cost about $700 more than the Spirit flight.

"We're looking at, you know, a bigger expense than we had planned for," said Tomayko.

Tomayko said they will be spending about $300 more for two nights in a hotel and about $200 for food and other expenses before boarding the cruise ship.

The Local 4 Ruth to the Rescue unit contacted Spirit Airlines.   The company said it reached out to the Tomayko family to see if they had any flexibility in their travel and when they found out they did not they left their reservation.

Spirit said it reviewed all of its conversations with the Tomayko's travel agent and said the family was never removed from the flight until their travel agent called back and asked for the refund last week.

A Spirit representative said when there is a downgrade situation, that means there are less seats on the new aircraft and that is why they were in an oversold situation, not because the flight was overbooked.   Spirit also said the Tomakyos were one of the last to book on the flight.

"Their reservation was confirmed and they chose to book with another airline.  That's their choice," said a Spirit Airlines representative.  "Obviously this is not an ideal situation we want to offer our customers."

Spirit told Local 4 it refunded the Tomakyo's money as a courtesy.  The company said it's not required to do so and it doesn't t typically bend policy.

Every airline has its own policies, but the U.S. Department of Transportation has a consumer guide to air travel that helps explain a traveler's rights and responsibilities when you fly; including what an airline can or can't do when they delay, cancel or overbook a flight. 

To check it out, click here.

The Department of Transportation says on the website it tries to keep Fly Rights up-to-date but airlines can make changes and procedures can be different.