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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 original flight was cancelled by Transat who issued me a voucher which I used to book another Transat flight. That flight was subsequently cancelled by Transat who, in spite of sending me an email stating I would be fully refunded, went ahead and issue me a “secret” voucher, so I am told. I have no documentary evidence that a voucher has been issued.
I booked a Club-Flex fully refundable flight, had to cancel and have never received a refund. Spent days and days trying to contact Air Transat on every method possible.
How are these airlines getting away with fraud!!!
I bought a round trip ticket to Puerto Plata DR, and my flight was cancelled long time before the date, now I contacted the agency I got the ticket from and they tell me that the ticket was used, which is a lie, so far I’ve been unable to get the refund of $384 for my way back to Canada, besides I had to purchase another ticket with another airline for $860, this is a disgusting felony.
I had a trip booked for Jamaica for April 2020 in the range of $4,000 I want my refund as I had Insurance also and I can use the money now rather than have an airline keep it Ransom from me please send me my money when we win the lawsuit
I booked 6 tickets for my family to travel to London and Paris on Air Transat in March 2020. My tickets were purchased through Flight Network. When the trip was canceled due to the pandemic Flight Network transferred my credit to Air Transat and we reschedule for April 2021 paying an additional amount to Air Transat for rate changes. In December 2020 Air Transat informed me that they were canceling my April flight and offering me a full refund. I called in February to ask about the status of the refund and I was informed that I would only receive a credit because my original purchase had been through Flight Network, although they said I would still get a refund for the amount I paid for the rate changes when we rescheduled. When I explained that their communication had promised me a full refund they said that a credit is a refund. To date I have seen no refund for even the rate change amount.
In January 2020 we booked three tickets to Europe. Due to COVID-19, the flights were cancelled and we were offered vouchers. Fine if we were able to travel in 2021 but we are not able to. Although we have every intention to rebook with Airtransat due to the convenience of the direct flights to our destinations, we would like a full cash refund because of uncertainties.
We have vouchers for our cancelled flights to Puerto Plata. As long as the airline does not go bankrupt, I’m sure I’ll book another fligth in the future. However, to be on the safe side, we would prefer to have the cancelled tickets reimbursed
We would like to have our names added to any Class Action Lawsuit against Air Transat over the issuance of travel vouchers and not monetary refunds for cancelled trips.
In August 2019 we booked an all inclusive trip to Punta Cana with Air Transat through our travel agent. We were scheduled to leave on April 8, 2020 returning to Toronto on April 22 , 2020. The Federal Government issued a travel advisory regarding the coronavirus pandemic on March 15, 2020 and our trip was subsequently cancelled by Air Transat. We had also purchased Trip Cancellation Insurance from Century 21 through our travel agent.
We filed a Trip Cancellation and Interruption Insurance Claim and because Air Transat had issued a travel voucher that we did not want, our claim was not honored. I have since then developed health issues which makes travelling a risky situation. We would like to have Air Transat refund the cost of our trip ($10258.00).
We booked a trip to CUBA on Oct. 17/ 2019 for travel April 6th 2020. The trip was cancelled by Air Transat in March 2020. We requested a refund immediately , still
have not heard from them. We contacted Air Transat main office directly to no avail. We tried Tico not helpful. Everyone said we would get voucher for one year this was later extended too indefinitely. I have a need for the money now for medical reasons. The trip was planned for my health now I would not be able to buy insurance to travel due to age and restrictions. Realistic the extra expenses which will come with the voucher makes any further travel non existent. Hoping some one at Air Transat would return my money from their bonus.