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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
We have exact situation as all others. How do i sign up? All vouchers issued are in the names of the passengers as well.
I also have a “Voucher?” for an AirTransat flight to Barcelona, Spain cancelled due to Covid 19 last August 21, 2020. The amount of $2,140.20 Cdn.$. I would like to registered to join this law suit.
Similar situation as Wayne Reid.
We booked an all inclusive with Air Transat through a travel agency to Punta Cana in the Dominican Republic. We took out trip cancellation insurance and filed a claim which was denied. Told that because airline offered a travel voucher claim was denied. Travel voucher does not have an expiry date but we just want are money refunded. Too much uncertainty about Air Transat surviving the pandemic. The cost of obtaining travel insurance is just to high for someone my age
I booked 5 flights from TO to UK in Aug 2019 for June 2020 $4500. I also purchased flights for my parents to travel from UK to TO for their 50th Anniversary in April 2020. All flights were cancelled. I asked for a refund and was offered vouchers. I’m worried that they’re not going to be honoured if Air Canada take over????
Through Cheap-O-Air, my sister, her husband and myself purchased on February 13, 2020, 3 tickets to Ireland – from June 19th to the 27th, 2020- just over $3000.00 CAD. I have contacted Cheap-O-Air, Air Transat, Travel Guard, VISA through CIBC and Global Excel. Each company would refer me to somewhere else. No liability on any of their parts. We supposedly have a 24 month voucher; however, with my brother-in-law being in the military, we don’t know when he could be deployed elsewhere. Then, my sister and her husband, will have to purchased 2 more tickets back to Montreal to use the voucher from there?? Does not make sense to us – when will we all be in the same province again is unknown. Air Transat cancelled our flight approximately 10 days before the scheduled flight. We just want to be refunded! We paid for a service we never received, we should get our money back. How do we join the class action law suit?
We had booked a 12 day AI vacation to Mexico with Halifax Cruise Ship Centers in June of 2019 for $4443 for travel in April 2020. Our vacation was obviously canceled by Transat and we were issued a voucher. At first we were ok with this because we assumed we’d get there in April 2021. We are booked in June of 2020 for 14 days, in April of 2021, paying and extra $350 for the two extra days. Transat has now canceled all vacations out of Eastern Canada for Spring 2021, re issuing vouchers. We are now PISSED. We want our money back. This is no different than theft/fraud. They are refusing to give back money,that does not belong to them, for a service they did not, and most likely will not, provide.
Booked flights and hotel thru Expedia to PVR Mexico.
Air Transat refunded refused only vouchers given. Also hotel voucher given.
I’m also worried about Air Canada buy out. Money should be returned as method paid.
I booked 2 tickets on Air Transat from Ft Lauderdale to Montreal on Jan 7 2021 and paid $356.16 Canadian on my Visa card.
This was done on October 17 2020
On October 26 they cancelled my flight and all the flights for the balance of January 2021.
After phone calls to the reps and the supervisors I was not able to get my monies back.
They sent 2 travel vouchers.
Same situation as everyone. Would like to know where these vouchers will leave us if Air Canada takes over Air Transat which apparently is in negotiations. Also when is the cutoff for joining the class action lawsuit? My case is currently under review again for another 60 days , they have done this 3 times now and I am worried they are trying to run out the clock on my case.
My flight was cancelled due to COVID19 pandemic. I was provided with a travel credit from FlightHub that could ONLY be used for an Air Transat flight direct Montreal to Copenhagen. Due to restructuring of the airline this flight is no longer being offered and I cannot presently book it. According to Air Transat that flight “may only resume as of June 2021”. I have requested and have been refused a full refund. An equal credit without conditions would also be satisfactory. However, forcing a lengthy, indefinite delay upon service while they hold payment is unacceptable.
All inclusive Trip for 5 to Mexico March 2020. Worth over $10,000. Got vouchers. Services not rendered, they have my money! If they go under our money is gone.
In December we booked a July flight to Madrid to celebrate a graduation. We tried to get a Sales tax refund as services were not rendered. Air Transat denied request as they issued “Vouchers”. If we purchased Vouchers this would be true, but they were forced upon us. The other issue is they issued 4 separate vouchers in the name of each family member. So if my wife and I wanted to use all the money, we could not. 24 month cut off also very limiting. Issuing Vouchers is clearly a strategy by Airline to give back as little as possible.