Air Passenger Rights President Gabor Lukacs on how passengers impacted by the Air Canada strike can seek restitution from the company.
After the work stoppage grounded flights for three days, Air Canada and the union representing more than 10,000 flight attendants reached a tentative deal Tuesday.
The Air Canada strike has affected hundreds of thousands of customers, with travellers saying they have more questions than answers about what to do with their flights and expenses.
Now with Air Canada flights starting to take off again Tuesday afternoon, CTVNews.ca is providing answers addressing passengers’ concerns.
Air Canada’s strike obligations to passengers Gabor Lukacs, president of Air Passenger Rights, provides information on Air Canada customers’ concerns about the flight attendants’ strike.
Can Canadian passengers be reimbursed hotels, excursions, lost wages and other costs related to the strike?
According to Gabor Lukacs, president of Air Passenger Rights, under the Montreal Convention, if passengers are travelling internationally and a strike disrupts their trip, the airline must reimburse passengers for extra costs, such as additional nights in hotels, meals, as well as missed pre-paid cruises and other excursions.
Exceptions would be the few countries who didn’t sign the Montreal Convention, he said.
Each passenger could be reimbursed for up to $12,500 under the convention if the individual is able to prove losses or damage. But Lukacs said if the passenger can prove that the airline acted with “willful misconduct,” then there’s no limit.
On top of that, he said EU regulations also require the airline to provide each passenger with lump sum compensation in the event of a strike for up to 600 euros, or 520 British pounds, if the person is flying back from the U.K. to Canada.
But travellers won’t get their money back for such expenses if they were travelling entirely within Canada, because the country’s Air Passenger Protection Regulations (APPR) won’t cover those cases, Lukacs said in a video interview with CTVNews.ca on Tuesday.
However, if the passenger is coming back from the U.S. and has a connecting flight at another Canadian destination, the person’s accommodation and meals at the connecting destination would be reimbursable.
Still, Lukacs said to expect pushback from the airline.
“Don’t expect the law to be like a magic wand,” he said.
Is it better to wait for Air Canada to find an alternative flight or should passengers rebook flights themselves?
Lukacs recommends giving the airline about three hours to rebook the flight from the time the passenger receives a flight cancellation notice.
“After three hours, I would buy myself a ticket and make Air Canada pay for it later,” he said. “Don’t negotiate. These are not your neighbours.”
He recommended customers send the bill to Air Canada’s chief legal officer with a short, professional letter, excluding any emotions, about the situation. If the airline refuses to pay, he said passengers can take the airline to small claims court, which he said is not a complex process and people can represent themselves instead of hiring lawyers.
Are passengers eligible for reimbursement if Air Canada told them no flights were available, but they rebooked their own flights at a much higher cost?
Lukacs said Air Canada will have to reimburse passengers if it told them no alternate flights were available, but the passengers found the flights themselves.
Under the APPR Lukacs said airlines are obligated to rebook the passenger, including on competitor airlines, no matter the cost.
“Air Canada failed that duty, and the best evidence of Air Canada’s failure is the passenger’s new ticket,” he said. “Air Canada says we have no flights for you, yet lo and behold, when a passenger went out, they were able to find a flight for themselves.
“So in those type of situations, because Air Canada broke a clear obligation of the APPR, Air Canada will have to pay for those expenses,” he continued.
If the passenger accepts a refund, the airline must offer it in the original form of payment, not vouchers, he added.
How much did Air Canada flight attendants make?
The Air Canada Component of CUPE said it was asking the company to end “forced unpaid labour” affecting some duties, and offer a “fair cost-of-living” wage increase.
Air Canada flight attendants performed safety-related duties for free, according to the union.
Junior Air Canada flight attendants working full-time, or 75 hours per month, currently earn $1,952 per month before taxes, it added.
But according to a statement on its website, a worker earning federal minimum wage at $17.75 per hour would earn $2,840.00 per month pre-taxes.
Hugh Pouliot, CUPE spokesperson, said unpaid work is the norm for nearly the entire airline sector.