British Airways to Provide More Reasonable Terms and Conditions

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
         No. 342-C-A-2013
         ($200 to $800);
      3. The regime proposed by Air Canada as set out in Decision No.
         442-C-A-2013
         ($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.

Quick Facts

Examples of adjudicated Agency decisions that have clarified or strengthened 
the rights of passengers travelling with specific air carriers include:

Denied boarding
        --  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.
            342-C-A-2013);
        --  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.
            442-C-A-2013);
            and,
        --  WestJet provides denied boarding compensation for flights to
            and from Canada (Decision
            No. 227-C-A-2013).

Scheduling changes
        --  Porter provides better information on schedule changes and the
            reasons behind them (Decision No.
            344-C-A-2013);
        --  Air Transat provides the same protection for passengers who are
            affected by flight advancements or delays (Decision No.
            327-C-A-2013);
            and,
        --  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
            news release
            can be consulted.

Baggage liability
        --  Sunwing increased its liability for the loss of or damage to
            baggage (Decision
            No. 249-C-A-2013);
            and,
        --  United Airlines' tariffs now clearly reflect its policy on
            baggage liability
            (Decision No. 182-C-A-2012).

Fares
        --  Jet Airways (India) Limited now properly applies its terms and
            conditions for the cancellation of tickets (Decision No.
            284-C-A-2013).



SOURCE  Canadian Transportation Agency 
News Media Enquiries, Canadian Transportation Agency,media@otc-cta.gc.ca, 
819-934-3448. 
To view this news release in HTML formatting, please use the following URL: 
http://www.newswire.ca/en/releases/archive/January2014/17/c9497.html 
CO: Government of Canada
ST: Quebec
NI: TRN AIR  
-0- Jan/17/2014 20:04 GMT
 
 
Press spacebar to pause and continue. Press esc to stop.