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Some of Canada’s largest airlines are facing a class action lawsuit after they allegedly refused travellers refunds for cancelled flights during COVID-19 travel bans.
Plaintiff Rantaj Jaswal launched the cancelled flight refunds class action lawsuit against Air Canada, Air Transat A.T. Inc., Pacific Coastal Airlines Limited, Swoop Inc., and West jet Airlines, Ltd. after purchasing flights that were cancelled after government orders banned international travel.
Jaswal was offered airline credits instead of refunds, which breaches Canadian consumer laws, according to the Air Canada class action lawsuit.
International Flights Unexpectedly Cancelled
Jaswal bought airline tickets for himself and family members in February and March 2020. In February, Jaswal bought airline tickets to New York City, and in March, he purchased tickets to Panama. Jaswal’s NYC tickets totalled $1,727.66 and $296.09 for the Panama tickets, both of which were non-refundable.
Later in March, the Air Canada cancelled flight refunds class action lawsuit alleges Jaswal began receiving emails from the airlines informing him that his itineraries were changing, and eventually, on March 28, he was reportedly told by Air Canada that he was either going to have to confirm or cancel his flights and receive airline credits. However, the flight credits would need to be used within a deadline, and after that, the tickets would no longer be valid.
Jaswal believed his only option was to cancel both the NYC and Panama trips and receive credits.
Around March 28, Jaswal got confirmation that his Panama flights were cancelled and he received a flight credit valid for one year, and his NYC tickets were also cancelled with two years to use his credits.
Cancelled Flight Refunds Class Action Lawsuit Launched
The class action lawsuit was launched when flight cancellations and disorder in the travel sector broke out as the global coronavirus pandemic took over.
After the World Health Organization declared a global pandemic on March 11, 2020, the Canadian government announced a Level 3 travel advisory that banned all non-essential international flights.
After the travel advisory was issued, the Class Members cancelled most of their flights.
According to the Air Canada class action lawsuit, the airlines have made “an effort to retain profits” by providing the Class Members with vouchers or flight credits instead of refunding the tickets. By doing so, the airlines have breached the BPCPA and Equivalent Consumer Protection Legislation.
The lawyer representing the Air Canada class action lawsuit alleges the airlines misrepresented the Class Members’ privilege and right to be compensated for cancelled flights. The lawyer alleges the Class Members “are entitled to rescind their Contracts with the Defendants and obtain full refunds as restitution.”
Airlines Allegedly Breached APPR By Not Offering Refunds
The cancelled flight refunds class action lawsuit is alleging the airlines breached Air Passenger Protection Regulations governed by the Canadian Transportation Agency.
The Class Members have rights that are provided by the APPR. The Air Canada class action lawsuit details the rights, including being informed about flight cancellation terms, the right to be informed about compensation, and if a flight is cancelled regardless of the airlines’ control of the circumstances, consumers will have the option to obtain a refund. According to APPR, the terms should be laid out simply and concisely to avoid confusion and ensure consumers know what they are entitled to.
During the confusion of the COVID-19 pandemic, it has been common for airlines to offer vouchers or credits for flights. But, as the cancelled flights class action lawsuit states, it is impossible for airlines to know if a customer will be able to travel in a year or two, or if travel restrictions will still be in place. If the validity of the vouchers is only for 12 or 24 months, customers could lose money if they cannot use them.
Last week WestJet announced it will begin processing some travellers refunds for cancelled flights.
“We have heard loud and clear from the travelling public that in this COVID world they are looking for reassurance on two fronts: the safest possible travel environment, and refunds,” WestJet president and CEO Ed Sims said in an emailed statement. This announcement comes as WestJet faces multiple class action lawsuits, including being named in this cancelled flight refunds class action.
Class Members are seeking general damages for breach of contract and for unfair refund practices.
CTA Struggles to Catch Up With Cancelled Flight Refunds
Thousands of cancelled flights have caused complaints to pile up and the Canadian Transportation Agency (CTA) is working to tackle the demands. Unfortunately, the CTA has not settled a single cancelled flight refund complaint amid COVID-19 restrictions, reports CBC News.
About 10,000 cancelled flight refund complaints have mounted since the travel bans commenced in March, inundating the CTA.
The CTA is reportedly still processing complaints from before March 11 and has not even reached the cancelled flight refund complaints during the pandemic.
Before the pandemic even began, the CTA was backlogged with complaints, so the sudden spike in cancelled flight refunds complaints overwhelmed the organization.
The CTA reportedly says it is working on tackling the pile of cancelled flight complaints and it has made progress.
Were you forced to cancel a flight during the pandemic? Did you receive a refund or voucher? Tell us your story in the comment section below!
Jaswal and Class Members are represented by Joelle Walker of Miller Titerle Law Corporation.
The Air Canada Cancelled Flight Refunds Class Action Lawsuit Rantaj Jaswal v. Air Canada, et al., Case No. S-207356, in the Supreme Court of British Columbia, Canada.
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8 thoughts onAir Canada and other Airlines Face Mounting Class Action Lawsuits Over Refunds
We are from the US, we normally travel on Air Transat, due to the flights are straight through and we have never had an issue. We planned a spring break trip (2020) last year for 5 people, of course flight canceled due to covid. We have been issued vouchers for 24 months. This is UNACCEPTABLE, WE CANNOT EVEN GET INTO CANADA TO USE THEM!!!!! We would like our money back.
i booked a trip to mexico with aircanada vacations for Apr 2020 which was cancelled. I do not want a voucher i would like to get my money back
I had 4 tickets with Air Canada for a flight in April that they cancelled and refused to refund. I don’t want vouchers that they forced upon me.
booked air canada promotion toronto to honolulu non stop. air canada has changed it 3 times no with stops in vancouver both directions and added two days which my firm will not allow for more time off. Only credit offered. They advertised full refund to my credit card but not possible they say. I guess they are living off all the canceled flight money so dont deserve a bail out
I booked two flights with Air Canada for April 2020 and both were cancelled because of COVID! I booked on my credit card so that my trip was covered under insurance, however because I was offered a travel voucher I was unable to get a refund
I purchased 2 RT Air Canada flights for June 3 to June 8 2020 from PDX to Vancouver. Air Canada cancelled my flights and informed me of the cancellation. I tried to get a refund for the flights but was denied a refund. They offered vouchers. My husband was 74 then, I was 64 then, and we did not want to risk flying anywhere until COVID was over and there was a vaccine, and declined the voucher. I would like to join the class action suit to obtain the refund. I’ve been trying on my own, then was advised to try the class action suit avenue.
I bought tickets to fly form SEA to GRU via Toronto. Air Canada cancelled the SEA-YYZ 3 times and I had to reschedule. The fourth time, due to vacation restrictions, we cancelled the flights and filled out the refund form. It said a minimum of 6 weeks to process. After 77 days, I received an e-mail stating denial since we didn’t cancel within 24 hours. Our tickets are refundable tickets. We have received nothing. Not even vouchers.
I had booked a flight with Air Canada and the flight was cancelled. I was told the tickets were non refundable. Travel insurance had been purchased, but when I called I was told that since Air Canada was issuing a travel voucher I could not obtain a refund.