Originally Posted by
canadiancow
So what if the carrier's IVR says "screw off, we're too busy", so the passenger books an alternative on their own.
If it takes three days to get in touch with the airline due to the airline's lack of service[1], I'd argue carrier failure.
And I'm 100% sure there will be a new (because there already is one) class action about this whole experience. No one on this forum is ruling in that lawsuit.
[1] For the record, I am 99.9% sure that AC and Aeroplan are offering unlimited overtime to any phone agents who want it right now, so I don't mean to suggest they're not trying. Just that it's not sufficient.
[2] (and I know there's no [2] above this) While EC/UK 261 have better "duty of care" rules for strikes, APPR does have much more strict language about rebooking timelines. To quote the APPR website, for "situations outside the airline's control", "Large airlines must rebook you on a flight [which "must depart within 48 hours after your original departure time"] operated by any airline. The new flight must take any reasonable route out of the same airport or from a nearby airport to your destination. In that case, they will also have to transport you to that airport."
So if all you want is 600 EUR, sure, go fight that battle. But this a situation where you really need to examine the laws of all relevant countries, and choose your battles wisely. The vast majority of the issues posted in this forum in the last week are situations in violation of APPR. Many lawyers are going to bill many hours sorting this out over the next few years.
Your assertions could have merit certainly. I think the key point is whether the passenger gave the airline a reasonable opportunity to meet its obligations. Under EU261, airlines must reroute passengers at the earliest opportunity, and under Canada’s APPR large carriers must rebook within 48 hours or issue a refund. If the passenger made
genuine efforts to reach the airline, such as waiting on hold or trying multiple channels, and the airline still failed to deliver within those timelines, then responsibility shifts to the carrier. The law places the duty on the airline, but it also expects the passenger to allow a fair chance for the airline to fulfill that duty before self‑rebooking.
I have no doubts there will be a lot of complaints and claims to the courts and regulators and maybe we will get some interesting caselaws out of this.