FlyerTalk Forums - View Single Post - Claiming compensation from AC under APPR (Air Passenger Protection Regulations)
Old May 16, 2022, 9:26 pm
  #165  
yulred
 
Join Date: Aug 2010
Posts: 3,130
Originally Posted by OfficeGlenn
Flew on AC8166 on April 27, 2022 from YYJ-YVR which was delayed a couple hours, causing me to misconnect in YVR and needing to overnight in Vancouver.

Was told that the reason for the delay was a mechanical issue. Here was Air Canada's response denying compensation, but ended up offering a $300.00 e-coupon, and suggested I also submit itemized receipts for hotel and meal expenses.

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In this instance, the compensation you are requesting does not apply because the delay was caused by a safety-related issue. Specifically, Air Canada airplanes are maintained in accordance with the required maintenance program but not all malfunctions, such as this one, can be foreseen or prevented through regular maintenance. The technical fault for your flight was unexpected and all reasonable measures were taken to avoid the flight disruption.

In accordance with the Air Passenger Protection Regulations, compensation does not apply under these circumstances. Unexpected airplane malfunctions may compromise safety and flight disruptions caused by unexpected aircraft malfunctions would be within a carrier’s control, but required for safety.
Maybe I’m being obtuse here, but aren’t all technical faults “unexpected”.

And wouldn’t they have to explain how this particular fault was related to safety? Or are they speaking about “airplane malfunctions” compromising safety in general?
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