FlyerTalk Forums - View Single Post - Air Canada Compensation For Delayed/Cancelled Flights
Old Feb 11, 2024 | 3:29 pm
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YYC009
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Originally Posted by canadiancow
And how does a passenger do that if the booking confirmation says luggage is included, and they don't find out until they're at the check-in counter?

Go back and get rebooked to arrive another 24 hours later?
I'm not saying I agree with it, but yes.
APPR does not cover rebooking or accommodation of baggage, only the customer.
If AC rebooks a customer on KE on a fare that does not include baggage, there is no fault on KE, and KE should charge for any baggage. Why wouldn't they?
If the customer wants, they should have AC rebook on KE in a fare basis that allows baggage or rebook onto another carrier that includes baggage with any type of fare.
APPR requires airlines to cover hotel, meal, and ground transport. Not baggage.

Originally Posted by kangarooflyer88
There is a requirement under contract law to provide the services agreed to in the contract. That another airline has decided to carry the load of Air Canada who does not fly between San Francisco and Korea is a distinction without merit. When the passenger booked the flight they agreed that they would be entitled to free checked bags, the airline needs to provide the services agreed to and failing that, provide reimbursement to make the consumer whole for out of pocket expenses. Also, the Montreal Convention applies to this travel since it is an international itinerary. The Montreal Convention states that you can collect reimbursement for out of pocket expenses like this.

This notion that the onus is on the customer to chase the new airline operating the flight and determine whether they would be provided with baggage, and then run back to Air Canada when that doesn't work for them doesn't make any sense. Like if it doesn't work for them then what? Look for another rebooking option with the airline and repeat the process? At the end of the day if we as consumers are expected to honour the terms of the contract, the seller must also honour its commitments under the contract. Otherwise, we get the mess we have in Australia where Qantas claims customers aren't sold specific flights but bundles of rights. And once you enter that territory all bets are off. I can now book a non-refundable flight on Air Canada then call the credit card company to chargeback the flight later when I decided not to travel. After all, the flight no longer works for me, and if the airline wanted to, they could have asked me before I was to cancel the flight (and before I booked the non-refundable ticket) whether I was intending to cancel the flight and determine whether to sell the ticket accordingly.

-RooFLyer88
I disagree with your first paragraph and so does APPR. Montreal Convention does not explicitly state airlines must reimburse baggage charges. Baggage, by its very nature, is optional.

It like saying your flight includes inflight entertainment with AC from YYC-YYZ with seatback IFE. AC rebooks you onto Flair. Now you don't have seatback entertainment. You can either accept it and take the Flair flight or you can decline the rebooking and wait for the next available AC Flight or get rebooked on another airline. AC is not going to reimburse you to buy a portable DVD player to watch entertainment on during your Flair flight.

I disagree with APPR but that is the rules of APPR. There is no onus on the originating airline to offer expense reimbursement for checked baggage and there is no onus on the new airline to offer free checked baggage.

Last edited by Adam Smith; Feb 11, 2024 at 4:12 pm Reason: Merge consecutive posts by same user
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