I'm flying with my family from Toronto to Athens tomorrow, which should be unaffected by the strike.
However our return on Aug 22 might be affected.
My wife and I have return tickets booked in economy with cash and a companion pass and already upgraded to business with eupgrades.
As I understand from
https://airpassengerrights.ca/en/blo...-are-my-rights, AC must rebook us on the next available flight in any class that is available or provide a full refund:
A strike of Air Canada’s own employees is, unfortunately, deemed to be “outside the carrier’s control” within the meaning of the APPR (s. 10(1)(j)). The airline must offer you a choice between Option 1 and Option 2.
Option 1: Continuing to Travel
Under subsection 18(1) and paragraph 18(1.1)(a) of the APPR, the airline must rebook you, free of charge, on the next available flight operated by that airline or its partner (i.e., United for Air Canada) departing within 48 hours of your original departure time, or failing that, on the next available flight operated by any competitor with whom Air Canada has no interline agreement.
The rebooking must be done irrespective of class of service (ss. 18(2)-(3)). For instance, if the next flight available only has business class seats and you were originally booked in economy, the airline must book you into business class for free.
It may be beneficial to consult a flight booking website to determine what the next available flights in fact are, as some airlines may try to put you on flights departing many hours or days later, in contravention of their rebooking obligation under the APPR.
No food, beverages, or accommodation is owed under the APPR in this scenario (although it may be owed under other legislation; see below).
No cash compensation for inconvenience is owed under the APPR in this scenario (although it may be owed under other legislation; see below).
Option 2: Refund and Return to Point of Origin
Under the case law on refunds and paragraph 18(1.1)(a) of the APPR, you are entitled to choose to not travel anymore and opt for a full refund of the ticket. Should you make this decision enroute to your destination, the airline is required to also fly you back to your point of origin free of charge.
Under section 18.2 of the APPR, the airline must provide that refund in the original form of payment within 30 days of you requesting it.
No cash compensation for inconvenience is owed under the APPR in this scenario (although it may be owed under other legislation; see below).
Assuming the next available flight has seats in both economy and business, in case of a strike will AC be obligated only to rebook my wife and I in economy?
If so that really sucks because I paid much more for a latitude fare exactly to get the immediate upgrade to business with my eupgrades. Sure I'll probably get the eupgrades back but wouldnt have spent the extra money for the latitude fare. Would there be any recourse or is my best bet just to take the full refund and book a (hopefully) cheaper return flight on another airline?
(I'm a bit confused if the "return to point of origin" means a return back to Toronto in addition to the refund, or it means that if I'm flying back Athens->Montreal->YYZ and the strike cancels my Montreal->YYZ connection then if I take a refund then they must return me to Athens if I want that but that's not the main question.)
The kids have 2 one-way tickets booked in economy with points which is a simpler situation.