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Canada’s major airlines have been hit with another class action lawsuit, this time, against the Quebec-based company, Air Transat as well as Air Canada and their subsidiaries. Echoing previous Canadian airline class action lawsuits, this class action concerns Air Transat’s refusal to refund travellers for flights cancelled due to the COVID-19 pandemic.
In light of the COVID-19 travel restrictions, Air Transat and Air Canada cancelled most flights scheduled throughout April. Instead of refunding passengers, as per the usual policy, the Canadian airlines named in the class action lawsuit offered passengers airline vouchers, to be used within 24 months.
Last June, the lead plaintiff, Alain Lachaine, purchased a travel package and flight with Air Transat to Florida, worth over $13,000. Alain’s vacation was to extend from April 3 to 17, 2020. However, like many other Air Transat customers, Alain’s flight was cancelled due to the COVID-19 outbreak.
When he found out about the cancellations, Alain tried to get a refund for his cancelled flights and vacation package. However, to the plaintiff’s surprise, Air Transat no longer offered refunds, and he was offered vouchers, as announced on Air Transat’s website:
“Due to the coronavirus pandemic, we are temporarily suspending our flights until June 30, 2020. If you were unable to travel due to the cancellation of your flight, you will receive a credit for future travel to be used within 24 months of your original return dates. You do not need to contact us to obtain this credit, it will be automatically applied to your account.”
The airline’s refusal to refund the cost paid by Alain, in spite of the cancellations, caused him “trouble and inconvenience,” according to the Air Transat Class Action proposal. The class action proposal claims that “the defendants, Air Transat and Vacances Transat, were nevertheless under an obligation to offer a full refund of the price paid by the plaintiff.”
The Air Transat Class Action proposal highlights the fact that Alain is now prevented from recovering money “which he needs to deal with the current crisis.”
Sudden Policy Change
Perrier Avocats and Donati Maisonneuve, the Class Members’ representing law firms called the flight refund refusals a “unilateral change in the cancellation policy,” and are asking the Superior Court of Québec to order the defendants to refund customers whose flights were cancelled due to COVID-19, as well as to pay passengers an additional $250 for trouble and inconvenience.
According to one of the Class lawyers, Réjean Paul Forget of Perrier Avocats, Sunwing Airlines initially offered refunds to customers who found themselves in the same situation as Air Transat Class Members, before changing its cancellation policy mid-March. The Toronto-based airline, continued Forget, could be added to the Air Transat Class Action Lawsuit in the future.
If successful, the Canadian class action could allow thousands of travellers to recover millions of dollars’ worth of cancelled flight tickets. The proposed class action lawsuit covers anyone who purchased an airline ticket or travel package with Air Transat, Transat Tours Canada Inc., Air Canada or Société en commandite Touram that was subsequently cancelled as a result of COVID-19 restrictions and was unable to be refunded.
Class Actions Against Canadian Airlines Pile Up
The Air Transat Class Action Lawsuit is but an addition to a long line of similar Canadian airline class actions. Among the leading Canadian airlines hit with class actions are, Air Canada, WestJet, Sunwing, Swoop– and now Air Transat.
One of the Canadian airline class action lawsuits named the Canadian Transportation Agency (CTA) in its class action proposal, claiming the CTA inappropriately sided with the airlines offering vouchers instead of refunds to passengers of cancelled flights. In March, the CTA announced in an online statement that airlines were not obliged to refund passengers for flights cancelled due to the COVID-19 crisis or for other reasons outside an airline’s control.
For its part, the CTA responded that its online statement regarding vouchers should not be interpreted as legally binding. According to the agency, the statement should only be taken as an aid to “provide guidance in a situation without precedent.”
Have you been offered a voucher rather than a refund for air travel you had to cancel due to the COVID-19 pandemic? Tell us your story in the comment section below!
The plaintiffs are represented by Perrier Avocats and Donati Maisonneuve.
The Air Transat Class Action Lawsuit is Alain Lachaine v. Transat A.T. Inc. et al., Case No. 500-06-001052-204, in the Superior Court of Québec in Montreal, Canada.
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109 thoughts onAir Transat Faces Class Action Lawsuit Over Vouchers
My mother in law has been stucknin Italy since her scheduled return in May. Not only did Air Transat not refund us but they are also charging an extra $500 to rebook a new flight for ber return home. This in completely unethical and we would like a refund for AT LEAST the extra money we paid.
.my wife and i paid 25000k to take our family to mexican all inclusive for our 50 th aniversery paid extra 1700 for travel insurance. paid for trip and ins aug 2019. cancelled march 13 after feds no. fly.due to our age kids jobs and grand kids school we can not go again .want air transat to do the right thing.. our government must not bail out airlines until airlines pay us back how wants a credit for 2 years when there is no cure for covid 19?
Purchased trip to Cuba, waited over 70days to be told by Cancellation insurance provider Manulife that travel voucher was offered so no refund. I want my money back. Who knows when it will be safe to travel again. I paid for a service that I never received, give me my money back! This is criminal what they are doing.
We also bought tickets to Punta cana April 3-12 2020. We canceled in the allotted > 24 time frame and was told we would be issued a credit, we refused. Staying the cancellation policy per pour travel agent we were to be penalized $100/ per person. We have not seen our refund and are currently disputing this with our credit card co. We are front line health care workers and this trip was an one time deal, we will not be rescheduling.
Bought tickets for my wife and I to attend my daughters destination wedding in Mexico. The flights were cancelled and we inquired about a refund and were offered travel credit vouchers.
That is our money….if services not rendered we should be entitled to get it back. We could use that money right now.
Add me too please!
Originally I was offered a voucher expiring in December 2020. Then I receive notification that the voucher was extended for 2 years, but had to be used by March 23 2022. I would prefer a refund of $2398, but would accept a voucher with no expiry date. I have no idea when air travel will be able to safely resume to the Dominican Republic and I’m afraid that the Air Transat will try to recoup their losses and jack up the price of a 1 week vacation.
Same story form me two tickets worth 1400$ credited instead if a pay back…
My son’s flight was not refunded for a 3 week study aboard Italian class. He used his Student loan money to pay for flights. Air Transat wants him to rebook which is unacceptable, he no longer has this class and no intention of traveling.
add me please