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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
I had 6 Air Transat flights cancelled and vouchers given in lieu of reimbursements. The total is $5152.35 which they owe me. As a retired senior I feel my government has abandoned me and sided with airline making this fraud even harder to accept
We were also given vouchers for our trip to Spain. Now I’m interested in going away next Jan, & Air Transat doesn’t go to my destination. I dont want a voucher, i want a refund. I wont use Air Transat again.
I was denied refund despite having top notch insurance for a trip to Cuba in April. Manulife says they can’t help us. Vouchers for two years? No thank you. Money back, please.
Will not be using Transat, SellOff, or Manulife in future.
Air Transat refuses to reimburse me 2475,00$ for a trip scheduled to Alsace which was suppose to happen in June 2020.
My wife and I were supposed to go on a southern vacation on March break 2020 through Air transat. We had to cancel because of covid and the fact that our own government was telling people not to travel. although we have a voucher for future travel, this is our hard earned money. And I’m wondering if Air Canada will honor these vouchers from Transat now that they purchased the company.
Air Transat cancelled my return flight to Dublin Ireland the beginning of September 2020. Air Canada actually flew Dublin flights on the same dates as my cancelled Air Transat flights so COVID did not prevent Air Transat providing the flight. I have asked for a refund but Air Transat refuses. I filed a complaint with CTA in June 2020 but they still have not responded.
Our two week vacation to the DR in the beginniNg of April 2020 was cancelled. We have put out nearly $6800. which for us is a lot of money. We are in our seventies and will probably not be able to go again due to my partners health. What good is a voucher to us when we could use the money now. Are we receiving interest on our money being held hostage?
We booked an all inclusive through tripcentral.ca via air transat. June 27, 2020 – July 4, 2020 In the amount of 5260$ We were not given a choice and just like the others they gave us a voucher that was good for 2 years. I now have a new child, will not be travelling any time soon and that money can help us out during these hard times. Please help us
We booked a $5200 trip to Panama through Transat in April/2019 for March/2020 with a group of friends. Then Covid hit and our trip was cancelled just weeks before the departure date. Then Transat offered us a voucher to be used within one year (by April 1st 2021) Then several weeks later Transat changed the time frame to 2 years. However we where trying to get the trip in by the end of 2020 because we will be loosing our out of province insurance coverage by Feb 2021. It’s obvious now we will not be able to use the trip voucher as insurance for myself will be to expensive as I am at high risk and even if we get the vaccination this year, we will not be traveling outside of Canada.
Sign us up.We are owed over $4000.For a cancelled flight to Malaga Spain for my wife and myself.We were issued a travel credit for the full amount however would prefer a full refund.We Booked this flight Nov 25 2019 for travel Sept16 2020.and transatcancelled the flight on us.Flight TS254.