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Claiming compensation from AC under APPR (Air Passenger Protection Regulations)

Old Aug 24, 22, 3:47 pm
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AC Delayed/Cancelled Flight Compensation Threads

There are several threads on compensation for delayed/cancelled flights operated by AC.

If your question is about APPR (Canadian regulations), this is the correct thread.

For information regarding which regime(s) you're eligible for compensation under, or which would be more favourable, please see: Air Canada Compensation For Delayed/Cancelled Flights

For information on claiming compensation under EU rules (a.k.a. EU261 or EC261), please see: Claiming EU261 Compensation from AC
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Claiming compensation from AC under APPR (Air Passenger Protection Regulations)

Old Aug 9, 21, 12:39 pm
  #136  
 
Join Date: Aug 2013
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Originally Posted by 24left View Post
Interesting read in the Financial Post - Aug 9, 2021

Canada's air passenger rights law blasted by court after $400 claim takes year and a half — and then fails

It also raises questions of whether Air Canada, which just got a $5.9 billion government bailout, should be fighting $400 refunds for 18 months at a time


https://financialpost.com/transporta...and-then-fails
Fascinating, but sadly unsurprising.
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Old Sep 5, 21, 8:51 pm
  #137  
 
Join Date: Feb 2020
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Anyone impacted by the recent wave of mid/late summer flight disruptions caused by "crew constraints" ?

Have you been able to get the due cash compensation under the APPR ?

Airlines struggle to keep up with passenger volumes https://youtu.be/RI_JzaxV_1M
I saw many reports in the Air Passenger Rights group of Air Canada claiming the reason of flight cancellations or delays to be "crew constraints resulting from the impact of the COVID-19 pandemic on our operations" with the COVID-19 part as a way to try to get out of paying due compensation under the APPR.
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Old Sep 5, 21, 8:58 pm
  #138  
 
Join Date: Jun 2016
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I had a flight cancelled early August due to crew constraints. Successfully claimed the $1000 compensation.
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Old Sep 6, 21, 1:08 pm
  #139  
 
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Had a 5 hour domestic delay due to crew availability. They even sent an email stating it's because of crew availability.

Their response after submitting a claim for compensation is that:
Unfortunately, the delay was caused by waiting for crew off late inbound flight, and unable to re-crew due to Government COVID protocols resulting in crew constraints.

In this instance, the compensation you are requesting does not apply because the delay was caused by an event outside of our control
They offered a 15% code as a gesture of goodwill
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Old Sep 7, 21, 7:25 pm
  #140  
 
Join Date: Nov 2020
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Flying FLL-YUL-YVR. Connection time in YUL is 1hr2m. I have no checked bags.

The flight YUL-YVR is in SS.

If I were to miss the flight, there is another flight that leaves 45 minutes later, on a 7M8. My booking is booked through AP using eUpgrades from a latitude fare.

Anyone have thoughts if I would qualify for downgrade comp, due to the SS down into the 7M8? I'm thinking not because I'm still in J, on an eUpgrade.
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Old Sep 7, 21, 7:34 pm
  #141  
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No for at least three four reasons.
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Old Sep 11, 21, 5:24 pm
  #142  
 
Join Date: Feb 2006
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There have been numerous cancellations on Jazz out of YYZ in the last few days. My flight, AC7922, was cancelled on 9/8. The first text message I received said "unforeseen aircraft maintenance issue". The next one said "aircraft maintenance". The email I received said: "We're sorry, AC7922 from Toronto to Pittsburgh is cancelled due to an unforeseen aircraft maintenance issue. An example of an unforeseen maintenance issue could include recently detected maintenance affecting key aircraft systems such as flight controls, navigation systems, or hydraulics."

Expertflyer says "PERF" as the reason. (The following day's AC7922 was also cancelled with "OPER" as the reason.)

When I asked an agent at YYZ about it, her screen said "FLIGHT CNLD DUE ACFT 706 AOG WITH DUCT MON ISSUE/OPR USED FOR PAX PROTECT". If ACFT 706 refers to the FIN, then their statement makes no sense. FIN 706 is C-FKJZ, while C-GQJA that was scheduled to operate AC7922 is FIN 171. Ironically, C-GQJA was in fact flying YYZ-DTW-YYZ on 9/8, but arrived back at YYZ over two hours late.

Informally another agent confirmed to me they were having a bunch of crew issues.

Customer service referred me to customer relations and told me I wouldn't know what "AOG" means.

Sounds like they simply decided to cancel the flight likely to cause the least pain (for themselves?) and combine two into one YYZ-PIT four hours later.

So... any thoughts on next steps here?

Added: the Self-Serve Eligibility tool doesn't even recognize my booking reference or ticket number.
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Old Sep 11, 21, 5:26 pm
  #143  
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No compensation is due for mechanical issues, so there is no next step.
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Old Sep 11, 21, 5:54 pm
  #144  
 
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Originally Posted by canadiancow View Post
No compensation is due for mechanical issues, so there is no next step.
How, then, was the aircraft flying that same day, but obviously not able to operate the flight as it was delayed right from the start? Why does the message on the agent's screen refer to an entirely different FIN? It would appear to me that this "mechanical issue" is a convenient excuse....
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Old Oct 20, 21, 10:08 am
  #145  
 
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Thought I finally had a winning claim because it was due to "crew constraints," but alas, it wasn't to be.

After investigation, we have determined that your flight was delayed/cancelled due to crew constraints resulting from the impact of the COVID-19 pandemic on our operations. For example, crew may be required to isolate if they have COVID-like symptoms, have a positive COVID-19 test, or have been in contact with someone who tested positive to COVID-19.

As a result, since your Air Canada flight was delayed/cancelled due to crew constraints resulting from the impact of the COVID-19 pandemic on our operations, the compensation you are requesting does not apply because the delay/cancellation was caused by a safety-related issue.
Got a $300 eCoupon.
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Old Nov 28, 21, 3:13 pm
  #146  
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Canadian Compensation

Does the Canadian compensation go by time of arrival at final ticketed destination (ie connection)? Or does it go by time of individual flight arrival?

My YYZ-IAH flight on AC was late. I thus missed flight to SAT. I arrived 14 hours later, missing Thanksgiving with family.

I also had to pay for hotel myself as there was no AC agent to meet passengers upon arrival at IAH. I had to change terminals and have an UA agent rebook me.
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Old Nov 28, 21, 4:14 pm
  #147  
 
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Originally Posted by flyerCO View Post
Does the Canadian compensation go by time of arrival at final ticketed destination (ie connection)? Or does it go by time of individual flight arrival?

My YYZ-IAH flight on AC was late. I thus missed flight to SAT. I arrived 14 hours later, missing Thanksgiving with family.

I also had to pay for hotel myself as there was no AC agent to meet passengers upon arrival at IAH. I had to change terminals and have an UA agent rebook me.
Here:

“Compensation

Airlines should give passengers as much notice as possible that their flight will be delayed or cancelled. If an airline informs the passengers 14 days or less before their original departure time, they will have to compensate the passengers for the inconvenience of the disruption. The amount of compensation depends on how late the passenger arrives at the final destination, compared to the arrival time on their original itinerary.

Large airlines must pay:
  • $400 if the passenger arrives three or more hours late, but less than six hours;
  • $700 if the passenger arrives six or more hours late, but less than nine hours; and
  • $1,000 if the passenger arrives nine or more hours late.”

https://otc-cta.gc.ca/eng/publicatio...ations-a-guide

That’s the theory. In practice, two words: good luck. Canadian APRs have proven to be little more than a joke so far.


“(Small claims court adjudicator) Pink attacked the red tape. “When consumer protection is the intended outcome of a regulatory regime, it should be assumed the regime will be in plain language, easy to understand and supports a simple claims process,” Pink wrote. “The APPR, which was intended to accomplish enhanced passenger rights, accomplishes none of these.

“The language is complex and legalistic; one needs detailed or specific knowledge to invoke the claims system; and the process to seek compensation, once invoked, does not lend itself to quick resolution,” the adjudicator said. “Few individuals would undertake such efforts to seek a few hundred dollars in compensation. Even if they wanted to, fewer could undertake such a claim.”“

https://financialpost.com/transporta...b5977ce5f/amp/

They may offer you compensation. They may not. If they don’t, it probably won’t be worth your time to pursue it.
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Old Nov 28, 21, 4:20 pm
  #148  
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Sorry to hear the delay, have you tried AC's compensation tool and see if you qualify? My flight was canceled once due to operational reason, I flew next day instead and I got $300 CAD credit.
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Old Nov 28, 21, 5:52 pm
  #149  
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Originally Posted by m.y View Post
Sorry to hear the delay, have you tried AC's compensation tool and see if you qualify? My flight was canceled once due to operational reason, I flew next day instead and I got $300 CAD credit.
Just keeps saying can't find reservation. My reservation had middle name, not sure if effects.
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Old Dec 31, 21, 9:12 am
  #150  
 
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Originally Posted by canadiancow View Post
No compensation is due for mechanical issues, so there is no next step.
What would you say about a mechanical issue due to damage inflicted by ground crew? My flight a couple of weeks ago ended up cancelled because a ground handler drove the conveyer loader into the wing of the aircraft. I ended up arriving at destination 9 hours and 45 minutes late. AC sent me a $200 voucher, and I'm wondering if it's a preemptive move as they would be liable for more under the APPR. Or, was it just goodwill as a paid J passenger, and I should gratefully accept and move on?
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