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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 family booked an all inclusive trip to Mexico on February 25 2020.to leave Canada March 31 return April 04.for 4 adults.Called by Airtransat travel agent to cancel trip signed a paper for a Transat Flexibilty Policy to put trip funds into future travel credit for travel to return by December 31 2020..At the end of the year are we entitled to a cash refund as we will not be travelling due to the covid and we are seniors.l would appreciate your feed back .Thankyou
Is there any law suit ongoing at this present time .lf so how do you sign up or get information. I would appreciate any update on this matter, thank you
Booked our 20th Anniversary trip to Italy for May 2020 through agent in Peterborough after saving over a year. We paid over $5000 to them and only have a voucher as compensation. Our agent was laid off and her coworkers are reiterating Transat policies. Worried about the Air Canada merger. Want our money back before upper executives spend it on bonuses and weasel out of their obligations to their customers.
My family along with two other families booked a two weeks trip to Cuba scheduled to leave in April, well over $15000. We have tried to get our money back but have had not luck, I can’t believe they are able to keep our money. We paid for a service we never received, we should get our money back. How do we join the class action law suit?
We booked aTransat trip to DR as well for April 2020 before christmas 2019 through a travel agent. We were also given a voucher for the equivalent value of our original trip to be used by Dec 2021. I would just like to have my money returned or in lieu of that a trip to the same resort for two weeks at the same price (all travel prices have gone up!) when the pandemic is over. Our travel agent says she can’t do anything. I have used this agent for years and I’m positive she is fully aware of the situation and would not hold back on us. If it was possible for a refund we would have it now. This is a considerable amount of money for my wife and I who are retired and on pensions as well as getting older.
We could utilize this money for some upcoming expenses we are going to incur.
Thank you for listening and any recommendations you may make.
Wayne Reid
Booked a trip with Air Transat through Expedia to go to Mexico in April 2020. I managed to get the hotel refunded but not the flights. Air Transat only offeres my wife and I travel vouchers. I told them I want my money back. They basically told me “Too bad.” How is this not illegal? Using the pandemic is not an excuse. Everyone got affected. My wife and I both lost our jobs. The airlines has absolutely no right to cry to the masses about laying people off and making no money. Everyone is making no money right now.
We paid for an all inclusive trip to the DR as part of a group. There was 10 of us and no one has received their money back from air transat. Even having cancellation insurance and paid for by CC, we paid for something that we did not get and was beyond our control. We did not cancel it they did! Also we are going through a pandemic too and $2800 sure would help!
My wife and I booked flights to Paris and then for ourselves and our daughter’s family from Venice to Toronto in June as a part of a 50th anniversary trip. In short, eight flights were purchased and no travel was allowed. Air Transat offered vouchers that could be used without a time limit and could be used by others, but I still simply want a refund.
I had booked flights to Italy before Covid for travel during the last weeks of May 2020 – all flights were canceled and only credit vouchers were given – I called Air Transat to get a refund – approximately $5000 of my money is tied up – Air Transat refused to provide a refund – for me, that is a lot of money which I will not have access to until when? Until I travel again to Italy and where will my family be in a year or two from now – will they be able to travel – and the credit vouchers are in each of their names as passengers – so only they can use them – but it was me who paid for those flights – somehow seems unfair and unjust….
Thtough CAA, Wife and I purchased purchased our 54 years wedding anniversary along with my 84th birthday vacation to Dominician Republic, Sun Scape resort, for two weeks, Allinclusive, in February 2019, and paid in full $3200.00. For April , my birth month. Our trip canceled owing to covid19 as well, WITH VOUCHERS OFFERED.
I DON’T KNOW IF I WILL BE ABLE TO TRAVEL NEXT YEAR? At 85 now we do need our money now.
We purchased an all-inclusive vacation for march 2019 to DR.
We have attempted several times to fight for a refund also making a complaint to BBB to no avail.
We want our money returned. This is theft as services were payed for but not received!