Watchdog says flight refund rules may need reworking to address possible ‘gaps’

Watchdog says flight refund rules may need reworking to address possible ‘gaps’

Watchdog says flight refund rules may need reworking to address possible ‘gaps’

Passenger protection rules may need to be revised after hundreds of thousands of flight cancellations prompted by the COVID-19 pandemic left travellers out of pocket, the head of Canada’s transportation regulator said Wednesday.

Scott Streiner, who heads the Canadian Transportation Agency (CTA), said officials should ask “the obvious question” of why airlines do not have to refund passengers when flights are cancelled for reasons beyond the carrier’s control — such as a global virus outbreak.

“The situation that we’ve encountered over the past several months was unprecedented, it was completely unanticipated,” Streiner said in a phone interview.

“And as a result of it we may need to collectively take a look at the framework that we’ve put in place for air passenger protection and ask ourselves whether there are lessons learned and whether there are any gaps that we need to address.”

A new passenger rights charter, which fully came into effect on Dec. 15, requires airlines to ensure that customers can complete their itineraries, but does not demand reimbursement.

“I think the question we now have to ask is, what happens if that’s not possible?” Streiner said, referring to completion of itineraries.

Most Canadian airlines have offered credits for a cancelled flight that are valid for at least two years and have kept billions in advance ticket sales amid a collapse of the travel industry.

Advocates say passengers have the right to a refund for services that were never rendered, with some in urgent need of cash amid a recession that pushed the unemployment rate to nearly 14 per cent, the highest rate in at least 45 years.

“The law has always been clear that passengers are owed a refund,” said passenger rights advocate Gabor Lukacs, citing four CTA rulings. “The deficiency is in the failure to codify this obligation in the new regulations.”

The absence of a refund rule forms part of a larger problem of enforcement in the Air Passenger Protection Regulations, he said.

A February 2019 report by Air Passenger Rights, an advocacy group run by Lukacs, found that criteria for monetary compensation are extremely tough to meet, often requiring passengers to present evidence that is in the hands of the airline.

“It’s heaven for lawyers and class action litigation,” Lukacs said Wednesday.

Since February, passengers have filed a handful of proposed class-action lawsuits claiming airlines have unfairly denied customer refunds. A trio of petitions — two presented in the House of Commons last month — that garnered more than 109,000 signatures have called for customer reimbursement of flights cancelled due to the coronavirus.

The CTA has received a “tsunami of complaints” about airlines in recent months, with more than 93 per cent filed since mid-December, though many came in before the pandemic struck, Streiner said.

The watchdog will receive additional funding and hire 34 new staff to its current team of 50 dealing with air travel complaints, he said. The agency has also streamlined its complaints process, introducing a more user-friendly complaint form online along with increased automation.

“We’re not going to be able to get through 14,000, 15,000 complaints in two months, but we are going to throw ourselves into it and we are going to dig through them as quickly as we can,” Streiner said.

The CTA had suspended adjudications on air travel complaints to allow airlines to concentrate their resources on a pandemic response, but hearings will resume officially in early July, he confirmed.

Streiner said customers are entitled to refunds where stipulated in the contract of carriage or “tariff” but identified “ambiguity” in the contracts as an issue.

Multiple airlines have cited statements from the regulator in March and April to justify offers of credit rather than cash back.

“A lot of this has been following guidance of the CTA, where they had come down and said that it was acceptable to issue a travel credit during the time of pandemic,” Swoop president Charles Duncan said in an interview.

This report by The Canadian Press was first published June 24, 2020

Christopher Reynolds, The Canadian Press

Business

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, confirmed eight additional virus-deaths Monday afternoon including one in central zone. (Photo by Chris Schwarz/Government of Alberta)
Central zone up to 1,249 active COVID-19 cases

Red Deer sits at 257 active COVID-19 cases

Kelowna RCMP Stock Image.
Bentley post office damaged, armed robbery at Subway

Sylvan Lake RCMP respond to incidents in Bentley last month

James Taylor of Rimbey has won $100,000 from a scratch ticket. (Photo submitted)
Rimbey winner scratches his way to $100,000 prize

James Taylor says store staff were almost more excited than he was

A central Alberta woman is collecting Christmas gift donations for roughly 85 residents at Valleyview Manor in Rimbey. (Jennifer Feinberg/ The Progress)
Rimbey woman gathering Christmas gifts for seniors at Valleyview Manor

Margaret Tanasiuk says she doesn’t want anyone to feel forgotten on Christmas morning

Bids for Kids poster
Wolf Creek Youth Foundation online auction gets ‘overwhelming’ response

Santa’s Bids for Kids auction to benefit youth programs in Rimbey, Ponoka

Idyllic winter scenes are part of the atmosphere of the holiday season, and are depicted in many seasonal movies. How much do you know about holiday movies? Put your knowledge to the test. (Pixabay.com)
QUIZ: Test your knowledge of holiday movies and television specials

The festive season is a time for relaxing and enjoying some seasonal favourites

Ash and Lisa Van carry a freshly cut Christmas tree while wearing personal protective masks at a Christmas Tree Farm in Egbert, Ontario, Sunday, Nov. 29, 2020 THE CANADIAN PRESS/ Cole Burston
‘Everyone wants a tree and they want it now’: Christmas tree sales on pace for record

Anticipated demand for Christmas trees has sparked a rush by some to purchase more trees wholesale

A scene from last year’s Light the Night fundraiser at the Stettler Town and Country Museum. This year’s rendition is on a drive-through basis only, but it still promises to be a not-to-be-missed seasonal highlight. (Independent file photo)
Stettler Town and Country Museum hosts ‘Light the Night’

This year’s rendition is drive-through only, but will still prove to be a dazzling display

Paramedics register patients at a drive through, pop-up COVID-19 test centre outside the Canadian Tire Centre, home of the NHL’s Ottawa Senators, in Ottawa, Sunday, Sept. 20, 2020. A new poll suggests most Canadians aren’t currently worried that people in other countries might get a COVID-19 vaccine first. THE CANADIAN PRESS/Justin Tang
Canadians not worried other countries will get COVID-19 vaccine first: poll

Forty-one per cent of respondents say they want the vaccine to be mandatory for all Canadians

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Deputy Prime Minister and Minister of Finance Chrystia Freeland listens to a question from a reporter on the phone during a news conference in Ottawa, Monday, Nov. 30, 2020. THE CANADIAN PRESS/Adrian Wyld
Spending too little worse than spending too much, Freeland says as Canada’s deficit tops $381B

‘The risk of providing too little support now outweighs that of providing too much’

Executive Director and Co-Founder of Rock Soup Craig Haavalsen is sleeping in a tent outside Rock Soup’s location until the Go Fund Me for Rock Soup raises $10,000. Shaela Dansereau/ Pipestone Flyer.
Putting normalcy into asking for help: New non-profit sets up in Wetaskiwin

Rock Soup non-profit is a new secular Food Bank putting down roots in Wetaskiwin.

Wetaskiwin Composite High School. Shaela Dansereau/ Pipestone Flyer.
Wetaskiwin Regional Public Schools prepare for transition back to online learning

Grades 7-12 will are mandated to transfer to online learning starting Nov. 30, 2020.

Most Read