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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 sister had booked a flight from Dublin to Toronto just before Covid hit – 2020. Her flight was cancelled and eventually after a long hard fight she received a credit voucher from Air Transat. The voucher clearly states ” there is no expiry date” . She recently called Air Transat to re-book her flight for August 2022 they informed her the voucher has expired. This is un-real. After numerous calls to Air Transat she was finally told there is nothing they can do.
Here is my story: I bought a south package on November 9 before Omicron was in the news. My 72 year old mom was supposed to join me from overseas. I was concerned about her health when Omicron started. I canceled her Air Canada flight. I automatically got a credit which is no problem at all for me. I thought canceling with Air Transat wouldn’t be any issue either knowing the circumstances and the fact that I had bought four insurances for my mom and I. I had two medical insurances and two trip cancellation insurances with Manulife. All I want now is a credit from Air Transat for my south package. The circumstances that made me cancel were a force majeure and all I did was follow government recommendations not to travel.
All I can say is Air Transat is a fraud and a scam. You can’t even reach them to file a complaint! My story is quite long with them but in these few words I want people to be aware that they are dealing with cruel crooks who are stealing their customers’ money and making profits out of them in times of a pandemic. They’re such a shame!
Air transat cancel my flight and never send any advise and now they are covering themselves with that I was a noshow! How can they fraud people and want to get away with. They lie and send an fake audio saying I accept the change in a middle of a pandemic. Please. They Fraud