
Can you get reimbursed for extra expenses due to the Air Canada strike? This expert answers your questions
Air Canada and the union representing more than 10,000 flight attendants reached a tentative deal Tuesday.
The Air Canada strike affected hundreds of thousands of customers, and travellers say they have more questions than answers over how the disruption has affected their flights and plans.
Now with Air Canada flights starting to take off Tuesday afternoon, CTVNews.ca spoke with a passenger rights expert on what they're entitled to if their flight was cancelled.
Can Canadian passengers be reimbursed hotels, excursions, lost wages and other costs related to the strike?
According to Gabor Lukacs, president of Air Passenger Rights, under the Montreal Convention, if a passenger is travelling internationally and a strike disrupts their trip, the airline must reimburse passengers for extra costs such as staying additional nights in hotels, meals, missed cruises and other excursions
Exceptions would be the few countries who didn't sign the Montreal Convention, or those who travelled on a one-way ticket, he said.
Passengers could be reimbursed for up to $12,500 under the convention, but Lukacs says if the passenger can prove that the airline acted with 'willful misconduct,' then there's no limit, according to Lukacs.
He said the EU also provides passengers with lump sum compensation in the event of a strike for up to 600 euros, or 520 British pounds if you're flying back from the U.K.
But travellers won't get their money back if they were travelling entirely within Canada, because the country's Air Passenger Protection Regulations (APPR) won't cover those cases, Lukacs said in a video interview with CTVNews.ca on Tuesday.
'It will be reimbursed, but no reimbursement for meals and accommodation if your travel is entirely within Canada,' he said.
However, he adds that if you're coming back from the U.S. and have a connecting flight at another Canadian destination, your accommodation and meals at the connecting destination would be reimbursable.
Still, Lukacs said to expect pushback from the airline.
'Don't expect the law to be like a magic wand,' he said.
Is it better to wait for Air Canada to find an alternative flight or should passengers rebook flights themselves?
Lukacs recommends giving the airline about three hours to rebook the flight from the time the passenger receives a flight cancellation notice.
'After three hours, I would buy myself a ticket and make Air Canada pay for it later,' he said. 'Don't negotiate. These are not your neighbours.'
He recommended customers send the bill to Air Canada's chief legal officer and a short letter explaining the situation. If they refuse to pay, he said people can take the airline to small claims court, which he said is not a complex process and people can represent themselves instead of hiring lawyers.
Are passengers eligible for reimbursement if Air Canada told them no flights were available, but they rebooked their own flights at a much higher cost?
Lukacs said Air Canada will have to reimburse passengers if they were told there were no available alternate flights, but the passengers found the flights themselves.
Under the APPR Lukacs said airlines are obligated to rebook the passenger, including on competitor airlines, no matter the cost.
'Air Canada failed that duty, and the best evidence of Air Canada's failure is the passenger's new ticket,' he said. 'Air Canada says we have no flights for you, yet lo and behold, when a passenger went out, they were able to find a flight for themselves.
'So in those type of situations, because Air Canada broke a clear obligation of the APPR, Air Canada will have to pay for those expenses,' he continued.
How much did Air Canada flight attendants make?
The Air Canada Component of CUPE said it was asking the company to end 'forced unpaid labour' affecting some duties and offer a 'fair cost-of-living' wage increase.
Air Canada flight attendants performed safety-related duties for free, according to the union.
Junior Air Canada flight attendants working full-time, or 75 hours per month, currently earn $1,952 per month before taxes, it added.
But according to a statement on its website, a worker earning federal minimum wage at $17.75 per hour would earn $2,840.00 per month pre-taxes.
Hugh Pouliot, CUPE spokesperson, said unpaid work is the norm for nearly the entire airline sector.
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