Delaying or cancellation of flights is quite common and can be frustrating. If your flight has been delayed, cancelled, you have experienced baggage loss, denied boarding, or any discriminatory ordeal from a transportation service provider, then this blog is for you!
In May 2019, Air Passenger Protection Regulations (APPR), SOR/19-150, were put into place by the Canadian Transportation Agency (CTA) in order to provide a robust mechanism for the rights of air passengers. The Regulations apply to all kinds of Canadian airlines and all flights that are entering Canada, originating from Canada, and departing from Canada.
Types Of Flight Disruptions
Flight disruptions that are experienced by the passengers can be either within airline’s control or outside the control of an airline.
A disruption within the airline’s control can be of two types; one that is caused due to any managerial mismanagement or mechanical disfunctioning during the aircraft’s maintenance, whereas the second is that where its is under the airline’s control but the flight gets disrupted due to safety purposes. Any last minute technical defect identified by the pilot or the crew before taking off can be considered in the ambit of disruption due to safety purpose and within airline’s control. Although these disruptions are within the airline’s control, they are often excused if the safety of passengers is at risk.
A disruption outside the airline’s control means, the flight gets delayed or postponed due to any natural event or calamity, weather conditions, air traffic control restrictions, or any official order from the state enforcement authority, etc.
For e.g.: A flight scheduled for 10 am is postponed due to a political procession blocking the road to the airport. In such condition, there is no alternative route for passengers to reach to the airport and most of the passengers are stuck in jam till 9 am, therefore, considering such the airline postpones the flight. In these cases, compensation rules differ, as the airline cannot be held responsible.
Right Of Passenger To Be Informed
According to the APPR, it is the right of every air passenger to be informed as soon as possible if there has been a delay, postponement or cancellation of the scheduled flight. Not only informing the passengers is necessary but reasons of disruptions have to be communicated to them.
In case of delayed flights, the airlines are required to provide the passengers regular updates regarding the flight status after every 30 minutes. Under the Federal guidelines of APPR, the carriers are bound to demonstrate that all reasonable measures were taken to fix the disruption, otherwise, they will be liable to penalties for the caused delay.
Failure to keep passengers informed can result in penalties for the airline. Make sure you receive timely communication regarding any changes to your flight schedule.
Denial Of Boarding
Oftentimes, the passengers are denied boarding if they do not reach on boarding time or may be the aircraft gets filled and there are no seats available. In case where seats have been occupied by passengers already and a person is denied boarding, then the airline is bound to compensate the passenger depending on the length of the delay of their flight.
Delay, Damage, Or Loss Of Baggage
In case of baggage loss, it is passenger’s right to claim for compensation from the airline. Timelines for filing claims vary depending on the situation.
- Lost baggage: It is recommended to file for baggage loss as soon as it is lost.
- Damaged baggage: The claiming time-period for a damaged baggage is 7 days after getting the baggage
- Delayed baggage: In the event of a delayed baggage, you have 21 days from the day of receiving the baggage to claim compensation.
Refunds And Rebooking: Know Your Options
In all cases of delayed flights, the airlines are duty bound to rebook the passengers whose flight has been delayed on subsequent available flight with the comparable class of service.
If the passenger does not consider the rebooking arrangements satisfactory or the purpose of travelling has been defeated due to the disruption, then the airlines are obliged to refund the passenger his travel fare.
Claims For compensation
According to APPR, the airlines have 30 days to respond to passengers’ compensation claims. The passengers may receive financial compensation or, sometimes alternative options of compensation like vouchers from the airline.
If the airlines fail to entertain passenger’s claim within 30 days of filing a compensation claim, the passengers can launch a complaint at Canadian Transportation Agency (CTA).
Reach Out To Us!
Understandably, passengers’ rights are now strongly guarded by the CTA’s robust legal framework. If you require ay assistance regarding a compensation claim for flight disruption, get in touch with the lawyers at Ayaz Mehdi Professional Corporation.
Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!
