How the Canadian Transportation Agency Helps Air Passengers
OTTAWA, Jan. 17, 2014 /CNW/ - In a decision released today (Decision No.
10-C-A-2014), the Agency deemed certain British Airways' tariff provisions
unreasonable and ordered the carrier to revise them accordingly, by February
14, 2014. As a result, provisions that deal with baggage liability and its
limits, as well as loss, damage or delay of items, and scheduling changes will
be consistent with the applicable Conventions and will clarify the terms and
conditions of carriage of British Airways' passengers.
By that same date, the carrier also has to demonstrate why it should not apply
one of the following denied boarding compensation:
1. The regime applicable in the United States of America (200% of
fare, with a maximum of $650, if alternate transportation is
offered, and 400%, with a maximum of $1,300, if not);
2. The regime proposed by the complainant as set out in Decision
($200 to $800);
3. The regime proposed by Air Canada as set out in Decision No.
($200 to $800); or
4. Any other regime that British Airways may propose that the Agency
may consider to be reasonable.
This ruling strikes a balance between the passengers' rights to be subject to
reasonable terms and conditions of carriage and British Airways' statutory,
commercial and operational obligations.
The Agency helps air passengers in two primary ways:
1. When they are not satisfied with how a carrier has dealt with
their issue such as lost baggage or cancelled flight. After first
attempting to resolve their issues with the air carrier,
passengers can file a complaint with the Agency and be assisted
through its informal dispute resolution processes, which include
the facilitation and mediation services, or by filing a formal
complaint which will be adjudicated through a court-like process.
2. If an air passenger wants to challenge a carrier's policies
(tariff provisions) as being unclear, unreasonable or
discriminatory for such things as compensation when they are
denied boarding or are not adequately informed of changes in
flight schedules. In such cases, they can file a formal complaint
which can be adjudicated through a court-like process.
In 2012-13, the Agency assisted approximately 370 travellers in resolving
disputes through its facilitation and mediation services. The Agency strives
to process complaints through facilitation within 90 days and within 30 days
for mediation after receiving completed applications.
In that same year, the Agency issued 16 adjudicated decisions that have
ordered specific domestic and international carriers to make changes to their
policies to address problems of clarity, reasonableness and discriminatory
aspects of their tariff provisions affecting the rights of air passengers.
Examples of adjudicated Agency decisions that have clarified or strengthened
the rights of passengers travelling with specific air carriers include:
-- Air Canada's domestic compensation rate for denied boarding now
ranges from $200 to $800 and is based on the length of the
delay (Decision No.
-- Air Canada's international compensation rate for denied
boarding now ranges from $200 to $800 and is based on the
length of the delay (Decision No.
-- WestJet provides denied boarding compensation for flights to
and from Canada (Decision
-- Porter provides better information on schedule changes and the
reasons behind them (Decision No.
-- Air Transat provides the same protection for passengers who are
affected by flight advancements or delays (Decision No.
-- Air Canada, WestJet and Air Transat now let passengers choose
whether they prefer to receive a refund or be rebooked when a
flight is delayed, overbooked or cancelled. The
can be consulted.
-- Sunwing increased its liability for the loss of or damage to
-- United Airlines' tariffs now clearly reflect its policy on
(Decision No. 182-C-A-2012).
-- Jet Airways (India) Limited now properly applies its terms and
conditions for the cancellation of tickets (Decision No.
SOURCE Canadian Transportation Agency
News Media Enquiries, Canadian Transportation Agency,email@example.com,
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CO: Government of Canada
NI: TRN AIR
-0- Jan/17/2014 20:04 GMT
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