Four hours before departure, Ryan Farrell is surprised to learn that his flight from Yellowknife to Calgary has been cancelled.
Air Canada rebooked him on a flight departing 48 hours after the flight's first takeoff time on June 17, citing "crew constraints."
Six weeks later, Farrell was even more surprised to learn that his claim for compensation had been denied due to staff shortages.
"Delays or cancellations are safety-related issues as Air Canada flights have been delayed or canceled due to crew constraints due to the impact of the COVID-19 pandemic," he said in a July 29 customer report. Read his Relations email.
Rejection "feels like a slap in the face," Farrell said.
"Without a replacement crew, the flight [was] canceled due to failure to assemble a crew. Flight," he said in an email.
``I think airlines are trying to capitalize on the general emotional connection people make between 'COVID-19' and 'safety,' but in reality, their logic and it doesn't work.
See | Airlines Avoiding Compensation for Passengers: Frustrated at blaming factors beyond our control for travel disruptions and denying compensation in the process.
Not an inherent problem
Air Canada's response to Farrell's complaint was not unusual: in a December 29 memo, the company instructed its employees to classify the flight cancellation due to the shortage as a "safety" issue. , which excludes travelers from coverage under federal regulations. The policy remains the same.
Canada's Charter of Passenger Rights, the Air Passenger Protection Regulation (APPR), provides that 14 days notice will be given to cancel or cause significant delay for reasons within the airline's control. obliges the airline to pay compensation of up to $1,000. before leaving. However, if the change is required for safety reasons, the airline does not have to pay.
The Canadian Transportation Agency (CTA), a quasi-judicial federal agency, has stated that treating staffing shortages as a safety issue violates federal regulations.
“If a crew shortage is the result of an airline's actions or omissions, the disruption is considered to be under the airline's control for APPR purposes. is considered "necessary for safety purposes" if it is the carrier that has caused the safety issue as a result of its own actions, the agency said in an email.
} This stance reinforces a decision made on July 8, three weeks before Pharrell learned he was denied compensation, in which the CTA used nearly the same words in a dispute over another airline's flight. The Regulatory Commission ruling in that case emphasized the duty of airlines to plan ahead to "ensure that they have sufficient staff to operate the services they sell." 40} View | Canada's largest airport's dubious honors: Toronto's Pearson International Airport has been hit by a flight delay. Ranked as the worst airport in the world. Amid the travel turmoil, travelers continue to share complaints on social media, but tourism groups fear the publicity could affect travel to Canada.49}
Air Canada is abusing policy, proponents say
December memo issued at height of COVID-19 Omicron wave According to Air Canada, "immediately, flight cancellations by crew members shall be deemed to be under the airline's control — for safety".
Affected guests will be entitled to standard treatment including hotel accommodations, meals, etc., but will not be eligible for APPR claims/money compensation.”
Staff instructed this stance. is "temporary". However, Air Canada confirmed in an email on July 25 that "due to the continuing exceptional circumstances brought about by the novel coronavirus variant, the policy remains applicable." 59}
Gabor Lukaci, president of the Air Passenger Rights Advocacy Group, said Air Canada was using the Passenger Rights Charter "illegal" to avoid paying compensation, saying: It called for stronger enforcement from transportation regulators.
"They misclassify something that is clearly not a safety issue," he said of Canada's largest airline, calling the policy "terrible."
Consumers may object to an airline's denial of a claim by filing a complaint with the CTA. But the agency's backlog topped 15,300 air travel complaints as of May.
Air Canada seeks to deter compensation claims: Attorney
Lukacs also said European Union regulations do not exclude safety reasons from situations requiring compensation in the event of cancellation or delay. excluded only as a result of “unfortunate circumstances”.
"This document, along with previous declarations and actions since the pandemic began, confirms that Air Canada's priority is to limit the cost of flight cancellations, rather than providing good service to its customers. It clearly shows that it is trying to do so,” said Sylvie de Bellefeuille, an attorney at the Quebec-based advocacy group Option Consomatuaire, after reviewing a copy of the order. , said:
She said Air Canada aims to discourage passengers from claiming compensation in the first place.
Air Canada disagrees with that characterization.
"Air Canada has and continues to hire more employees relative to its flight schedule than it did pre-pandemic," the company said in an email.
"Air Canada has followed all public health directives as part of its safety culture, and the Omicron wave last winter resulted in Due to the impact on the availability of some of our crew, we have revised our policies to better support our customers during their travels by increasing our customer levels.Be aware of flight cancellations related to crew fighting COVID.
John Gladek, director of the aviation management program at McGill University, blames this "debacle" because transportation agencies have established looser rules than in Europe and the United States. said there is.
"Carriers are striving hard to mitigate liability, to pursue liability to mitigate liability, and to argue that delays are beyond their control. ' he said in an email.
Travelers continue to battle airport wait times and cancellations, which experts say won't ease any time soon.
