Stranded Air Canada passengers at Toronto Pearson International Airport on Sunday. Under Canada’s Air Passenger Protection Regulations, many affected customers who booked with Air Canada are owed new tickets from the airline.DUANE COLE/The Globe and Mail
For thousands of travellers, their long-awaited honeymoons, family reunions and dream vacations have been upended by Air Canada’s labour dispute.
Under Canada’s Air Passenger Protection Regulations, many of the affected customers who booked with Air Canada are owed new tickets and more. However, with an estimated 130,000 travellers affected daily by flights grounded in the labour dispute, that’s not quite working out in practice.
Air Canada flight attendants will keep striking despite labour board declaring work stoppage illegal
Travellers are not without options, though. Here’s what you need to know to navigate Air Canada’s continuing travel disruptions.
What have travellers been experiencing?
Many Air Canada customers have said they struggled to get answers from the airline about their travel options, often waiting on hold for hours or camping out at the airport for a chance to speak to someone in person.
Some said Air Canada told them their trip couldn’t be rebooked because alternate flights were unavailable with other carriers. Many have cast doubt on these claims, often finding ample travel bookings when searching themselves, though at a much higher cost.
Others told The Globe and Mail they have been left in limbo for days, waiting for Air Canada to cancel their flights to be eligible for rebooking or refunds.
Travellers pass Air Canada flight attendants on strike at Pearson International Airport on Monday. If the airline refuses to rebook a passenger, they are unlikely to get timely recourse from the Canadian Transportation Agency where the backlog reached 87,000 complaints earlier this year.Sammy Kogan/The Canadian Press
Air Canada cancelled my flight. What am I owed and when?
If a flight is cancelled after a strike begins, the airline’s first obligation under Canada’s air passenger protection rules is to rebook the passenger on another flight within 48 hours, said Yahia Belhaddad, a lawyer at Lambert Avocats in Montreal, who specializes in aviation law. That rebooked flight can be one that operates through the airline’s own carrier, or an airline with which they have a commercial agreement.
“If rebooking under this option is not possible within 48 hours, the airline must, at the passenger’s choice, either refund the ticket or rebook the passenger on a flight with any other airline,” Mr. Belhaddad said, adding that the latter includes competing airlines.
Travellers affected by Air Canada strike scramble for answers at Toronto’s Pearson airport
If the airline says a rebooking is impossible and only offers a refund, the passenger would be in their right to decline the refund and purchase a new ticket independently, before then requesting reimbursement from Air Canada.
To potentially speed up the rebooking process, Ehsan Monfared, a managing partner at YYZLaw in Toronto, whose clients include airlines, aircraft owners and operators, said passengers who find alternate travel arrangements and are in contact with Air Canada should show them to the representative.
“Having that information ready will possibly make it a little bit easier for Air Canada to be able to help the passenger,” Mr. Monfared said.
What if an airline refuses to rebook me?
However, if an airline chooses to stonewall and refuse a rebooking, the chances of them fulfilling their obligation are “really slim,” said Mr. Belhaddad.
To make matters worse, passengers are unlikely to get timely recourse from the Canadian Transportation Agency, where the backlog reached 87,000 complaints earlier this year.
When airlines don’t fulfill their obligations under the air passenger protection rules – and the passenger escalates the claim internally and demands a written response – travellers can take the matter to small claims court. This avenue has resulted in some success in recent years.
Striking Air Canada flight attendants picket in Toronto on Monday. Airlines can only provide passengers with credit if the customer voluntarily accepts it in place of a monetary reimbursement.Sammy Kogan/The Canadian Press
Last December, a justice in Yukon granted a couple $10,000 in damages and compensation for a “horrendous experience” with Air Canada and “numerous breaches” by the airline of Canada’s Air Passenger Protection Regulations. She also said in her ruling that the passengers would’ve gotten an even bigger sum if they had claimed the full amount they were entitled under the act, rather than the $10,000 they requested.
Earlier: Air Canada flight cancellations are costing travellers more than just ticket prices
In British Columbia, passengers don’t always need to go to the courthouse to file a small claim. They can file a civil claim against a carrier through the province’s Civil Resolution Tribunal – an online civil-dispute system that adjudicates specific small claims.
I’m stranded in Europe. What do I do?
In the EU and Britain, air passenger rights are governed by EC261 (also commonly known as EU261) and UK261 rules. These are among the strongest consumer protection laws in the world, said Tomasz Pawliszyn, chief executive of AirHelp, an EU-based agency helping passengers navigate the region’s air passenger rights.
These rules apply to passengers flying from the EU or Britain with any airline, including Air Canada. Under EC261, strikes by airline staff are considered within the airline’s control. This means Air Canada is not exempt from paying compensation in this case, said Mr. Pawliszyn.
Under EC261, passengers are owed a rebooking or a full refund of the unused portion of their ticket.
Explainer: What you need to know about the Air Canada flight attendants’ strike
Most importantly though, passengers are also owed compensation for their ordeal – between €250 and €600 ($402 to $966), depending on the distance of the flight, and the length of delay to their final destination, Mr. Pawliszyn said.
They are also generally owed duty of care, including meals, refreshments, hotel accommodation if an overnight stay is necessary, and transport between the airport and where they’re staying, while waiting for rebooking.
If you’re stranded in Britain rather than the EU, the same key factors would apply under UK261.
However, the compensation amount would differ slightly. Passengers may be entitled to up to £520 ($970), compared with €600 under EU261.
The union for 10,000 striking Air Canada flight attendants said on Monday they won’t return to work even though the strike, now in its third day, has been declared illegal. The job action at Canada’s largest airline is affecting about 130,000 travelers a day at the peak of the summer travel season.
The Associated Press
How do I file for compensation in Europe or the U.K.?
To file a claim under EC261 or UK261, passengers still generally have to go through Air Canada’s customer service or claims portal. They can also use a third-party service like AirHelp to help manage the process (though these services often come with fees).
However, the EU and Britain – unlike Canada – are known to offer consistent protection for passengers, said Mr. Pawliszyn. That applies to holding airlines accountable during operational disruptions that are within their control.
Should you cancel your flight first?
Experts generally advise against pre-emptively cancelling your flight as this can get airlines off the hook.
If a passenger chooses to cancel their own travel because of concern about a potential strike, rules do not require the airline to provide a refund or alternate travel. It will be up to the airline’s discretion and policies.
If an Air Canada representative makes a promise to reimburse a travel booking at a later time, passengers should always maintain a record of this – e-mails, receipts, recordings – because internal systems often issue a different decision from what the representative says.
Can an airline give you a credit or voucher after cancelling your flight?
When a cancellation is initiated by the airline, the rules protecting air passengers mandate that it reimburse the ticket in money, not in credit, said Mr. Belhaddad.
The only circumstance where Air Canada can provide credit is if the passenger voluntarily accepts it in place of a monetary reimbursement.
People wait outside of Air Canada check in at the Vancouver International Airport on Sunday. Customers flying out of the EU may face easier rebooking due to the union's consumer protection laws which are among the strongest in the world.ETHAN CAIRNS/The Canadian Press
What about travel insurance?
Air Canada travellers who purchased an individual trip cancellation and interruption policy before a “known date” – when the risk of a labour dispute became public knowledge, which was Aug. 2 in this case – are generally protected if the current strike prevents them from reaching their destination, said Martin Firestone, a travel insurance specialist with Travel Secure.
Group benefit plans generally do not include cancellation interruption, and most credit cards don’t offer coverage for labour disruptions.
Are you affected by the Air Canada flight attendant strike?
The union representing around 10,000 Air Canada flight attendants has been on strike since Aug. 16 after negotiations between the two sides reached an impasse, and the company has cancelled flights. Our reporters want to hear from passengers that have had their plans affected by the strike. Have you had to switch your flights or change your travel schedule? Share your story in the box below.
