You have planned a family trip to Mexico with your family that includes a stopover in New York. While you wait for your flight to New York airport, you learn that it will be delayed by 3:30 a.m., just enough to make you miss your connection.
Do you have recourse against your airline? Will you be compensated for any inconvenience you and your family may have suffered?
In this article, Mr. Lambert looks at this issue by explaining your rights as a Canadian consumer and passenger and detailing the options available to you when something unexpected happens.
Air Passenger Law and Protection in Canada
In Canada, unlike the United States and the European Union, there are no laws or regulations governing airlines’ behaviour in the face of flight cancellations or delays. These airlines are therefore free to set their own refund and compensation policies in cases where flights are cancelled, delayed or overbooked.
Obligations imposed by the Code of Conduct
However, in 2008, the Government of Canada chose to draft a Code of Conduct to regulate air carriers to which airlines could adhere on a voluntary basis. The Code imposed certain obligations on companies, including:
- the obligation to inform their clients, in a clear and accessible manner, of compensation and reimbursement policies depending on the circumstances;
- the obligation to express the price of the ticket in the most complete way in order to avoid additional and unforeseen costs.
Today, Canada’s largest airlines, Air Canada, WestJet and Air Transat, have adopted this Code of Conduct. It is therefore possible to find out about their cancellation and delay policies by consulting their rates on the Internet. Please note that the fare in question does not refer to the prices paid for a package, but rather to the company’s convention and policy. It is important to consult them before buying a ticket, because in addition to explaining your rights and obligations as a passenger and consumer, they represent the contract to which you consent.
Examples of compensation
Most Canadian routes offer other flights, even if it means doing business with another carrier in cases where flights are cancelled at the last minute or severely delayed.
In addition, companies generally undertake to assume the additional costs that may arise from the inconveniences created by offering an assistance service that covers accommodation, food and transportation costs.
A refund is also an option that is offered by the majority of Canadian carriers, especially in cases of cancellation or overbooking of seats.
For more details, here are the links to the different fares of Canada’s largest airlines:
In case of problems
Companies are also subject to their rates and are required by law to honour their policy. If ever a problem arises with your flight and you realize that the attendants do not apply the rules of their agreements, it is advisable to file a complaint with the company itself.
If you do not receive responses within 30 days, or are dissatisfied with the response, you can always contact the Canadian Transportation Agency. Indeed, the Canada Transportation Act allows this organization to take the necessary measures to ensure that carriers respect the rights of their customers. The Agency may then act as a mediator to try to resolve problems related to lost baggage or flight cancellation. It also has the power to act as a court of law in cases where it is a policy that is challenged because it is not reasonable or because it is discriminatory.
Judicial recourse
If you wish to apply to the courts for compensation, you can do so at the Court of Québec . Indeed, if you suffer loss and damage caused by a cancelled or delayed flight, a recourse is available to you.
You will be able to obtain compensation from your travel agency and the airline as demonstrated by a file allowed by the Small Claims Court. In this situation, the plaintiffs had missed two days of cruises in Puerto Rico due to several flight cancellations and delays. The Court decided that the travel agency and the carrier would share responsibility and should jointly and severally compensate the plaintiffs for the loss of enjoyment of the cruise and the costs of additional accommodation.
Refund Policies in the United States and Europe
Passengers departing from the United States
The laws, to which U.S. airlines are subject, govern their compensation policies more severely. Carriers are also encouraged to publish and make their fares accessible.
However, a law already provides for the reimbursement and compensation policy that airlines must comply with in order to ensure that all passengers benefit from the same protection. This law applies to all passengers departing from the United States or traveling with a U.S. carrier.
It provides, among other things, compensation of up to 400% of the price of a one-way ticket up to a maximum of $ 1750 in situations where your seat would have been overbooked. It also requires airlines to reimburse tickets as well as additional costs associated with a long delay or cancellation of a flight. However, it should be noted that for simple delays, no refund is possible.
Passengers departing from Europe
A policy similar to that in place in the United States applies to customers leaving the European Union or those traveling with a company established in Europe.
Thus, in case of cancellation, you will have the right to choose between a refund or re-routing of a flight at no additional cost. In addition, you can also claim compensation varying according to the distance traveled by the flight up to $ 900. As far as delays are concerned, they are compensated if they last more than three hours.
In addition, in cases of delays, cancellation or overbooking, this law gives you a right to assistance, accommodation and refueling if the circumstances are suitable.
If you wish to obtain compensation from an airline,please contact us using our claims form. You pay nothing until you receive compensation.
In some cases, class action may be possible. Contact us for more information.