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

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Old Aug 24, 2022, 2:47 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


(From post #5)
To make a claim, use the following form: https://accc-prod.microsoftcrmportal...da-contact-us/
Flight Delay or Cancellation Claim
Submit your details there and wait for a reply.

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

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Old Jan 25, 2023, 10:10 am
  #331  
 
Join Date: Mar 2010
Posts: 614
I submitted one December 24th, heard back January 25th.

They denied stating that: ​This flight was delayed due to air traffic constraints outside of our control.

Which goes against the stated delay on board by the pilot. He made an announcement that we were slow to leave the gate because of delays in baggage loading and waiting for some extra cargo. That minor delay then caused me to miss my connection and arrive 4 hours late.

I'm pretty sure that the pilot onboard the aircraft at the time of the incident has a more accurate view of why the flight was delayed. But what else am I to do other than claim that AC is lying when logging delays in order to avoid paying compensation?? Pretty frustrating
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Old Jan 25, 2023, 11:03 am
  #332  
 
Join Date: Nov 2019
Posts: 40
Finally heard back today from a claim I submitted back on November 20, 2022. To nobody's surprise, they claimed the delays were outside of their control and offered a $300 eCoupon. I submitted an email back requesting the due compensation. We'll see what happens from here.
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Old Jan 25, 2023, 12:22 pm
  #333  
 
Join Date: Apr 2011
Posts: 252
Just got a so sorry e-coupon for a delayed flight for which they claim no responsibility
Of course, also got an etransfer last month for the same flight as AC acknowledged responsibility

Incompetence sometimes works in my favour
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Old Jan 25, 2023, 12:56 pm
  #334  
 
Join Date: Jun 2011
Location: NYC
Programs: AA GLD, AC
Posts: 4,220
Originally Posted by Jebby_ca
How long has it been taking for Air Canada to reply after submitting a claim on the online form? I'm seeing various replies in this thread with wait times over 30 days. It's been 34 days since I submitted my claim so far...
I submitted a claim last night and just got an email declining my claim and offering me a voucher. So took less than 18 hours for me
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Old Jan 25, 2023, 7:33 pm
  #335  
 
Join Date: May 2012
Location: Calgary
Programs: Aeroplan (Silver), Air Miles, IHG Rewards (Platinum)
Posts: 668
Originally Posted by bcnfish
I submitted one December 24th, heard back January 25th.

They denied stating that: ​This flight was delayed due to air traffic constraints outside of our control.

Which goes against the stated delay on board by the pilot. He made an announcement that we were slow to leave the gate because of delays in baggage loading and waiting for some extra cargo. That minor delay then caused me to miss my connection and arrive 4 hours late.

I'm pretty sure that the pilot onboard the aircraft at the time of the incident has a more accurate view of why the flight was delayed. But what else am I to do other than claim that AC is lying when logging delays in order to avoid paying compensation?? Pretty frustrating
In fairness, if this was at an airport with a GDP or similar, the late loading of baggage and cargo could very well have been because the ramp crew was tied up working a previous flight due to the overall off scheduled nature of the airport operations with the root cause of such being the air traffic control constraints. Hence their late arrival to load luggage on your flight and the 'delays in baggage loading'. While I understand customers hate hearing this, many times the announcements indicate the last issue affecting the delayed flight, which is not necessarily the root cause.
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Old Jan 25, 2023, 7:55 pm
  #336  
 
Join Date: Jan 2021
Location: SFO
Programs: AS MVP Gold 100k, UA Silver, AC P25k, Marriott Titanium, Hilton Gold, IHG Platinum
Posts: 863
Unfortunately, AC doesn’t have any accountability with any oversight authority. I’ve had mechanical issues on my 23 December flight leading to a swap that took forever due to no ground crew and then the pilots all times out after waiting 3 hours for baggage handlers that never came. It took
me three days to get home after subsequently cancelled my rebooked flights on Christmas Eve. I fully expect them to say weather caused no one showing up for work to get out of it. But we will see. I fully expect 1000cad compensation. I deserve it. But AC can blame anything.

AC will get Euro style regulations come in due to thier lack of transparency and trust.
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Old Jan 25, 2023, 8:14 pm
  #337  
 
Join Date: Apr 2016
Posts: 615
Originally Posted by Civet
Had a flight delayed ~7 hours YUL to YEG due to a miscount in physical headcount of passengers and the amount the computer was saying should be on board. They could not figure out who the extra person was, eventually had taxi to a new gate, pilots timed out.

Contacted customer service for compensation. They have refused compensation, and are claiming "The delay that impacted you was due to uncontrollable operations".

Obviously this is absolute BS. How would you proceed?
Adding my two cents. I'm not a fan of Gabor's nuclear option, I prefer to send stuff through the CTA, as slow and ineffective as they are. There's no cost to you, no risk, and the CTA makes it very passenger friendly. You can explain what happened in simple (and brief words), and they'll refer to relevant case law to determine the outcome.

That being said, they're very clogged up right now with something like 30,000 cases, and an 18+ month wait. But as someone who doesn't want to go through the efforts of court, I'm happy to throw my complaint in the CTA pile, in hopes the APPR will get fixed one day.

Originally Posted by cdnarpn5249
Are there any websites that can facilitate the process? I know I’ve used one that was Europe based in the past, they sent strongly worded letters to the airline and I eventually got my compensation (I think they took a 30% cut). Would make life easier.
I don't believe there's any websites for Canada (yet). AirHelp did make some submissions to the CTA for APPR related matters, but AFAIK they're not doing Canadian claim processing yet. It's likely not worth their effort given the airlines' attempts to fight any rulings by the CTA for compensation.
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Old Jan 25, 2023, 8:31 pm
  #338  
 
Join Date: May 2022
Location: YVR
Programs: AC SE100K, Marriott Platinum
Posts: 272
I've never put anything through CTA, but have had reasonably good luck simply responding to the denial when I'm certain or nearly certain I'm in the right. On at least 3 occasions I was denied this year. In one it was denied altogether. The other two it was denied but I was offered $100 vouchers.

I responded with a lengthy email detailing my point of view and concluded by thinly implying escalation would be my next step. I stay polite but make it clear I know they're being disingenuous or that perhaps they've simple made a mistake as "mistakes happen".

One they doubled down on in their response. I took the L. In both the other two they responded with $500 vouchers. Was good enough for me (even though one was probably a $1000-eligible case). All told, the few minutes work responding and the (relatively) immediate gratification was worth more to me than a 1-2 year wait for potentially getting more comp.
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Old Jan 26, 2023, 2:07 am
  #339  
 
Join Date: Jun 2005
Programs: EVA Air , * G, QR Privilege Club S
Posts: 5,186
Aren't the government changing the air passenger rights act now? I am sure that I saw something like that.
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Old Jan 26, 2023, 4:02 am
  #340  
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Location: Edmonton, AB, Canada
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Posts: 10,068
They’ve been in power how many years? I doubt it will be much of an improvement….proof will be in the pudding as they say.
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Old Jan 26, 2023, 11:49 am
  #341  
 
Join Date: Aug 2013
Location: YVR - MILLS Waypoint (It's the third house on the left)
Programs: AC*SE100K, wood level status in various other programs
Posts: 6,231
Originally Posted by zappy312
That being said, they're very clogged up right now with something like 30,000 cases, and an 18+ month wait.
An (almost) easy fix - Have the CTA actually issue some of the fines that they should be assessing, and use the proceeds from that to hire enough staff and/or invest in some systems to speed up claims processing.

Of course, nothing is ever that easy, and AC has proven that they are more than happy to spend money on lawyers to fight any regulations, no matter how anemic.
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Bohemian1 is online now  
Old Jan 27, 2023, 6:47 am
  #342  
 
Join Date: Aug 2022
Programs: Aeroplan 50k, Bonvoy Gold, Accor Gold
Posts: 98
Just heard back from the APPR claim I submitted for a flight on Dec24 that ended up arriving 4+ hrs late. Full denial, no voucher offered. Stated reason: The flight was delayed due to customer processing issues. That's a new one to me, and I struggle to see how that's out of their control, although the email goes on to say the APPR explicitly states that reason is outside their control (which I'm pretty sure is more AC's interpretation than anything in the wording of the reg). I mean, sure, maybe security could've been backed up and caused some passengers to be late, but at the end of the day it's ACs decision whether to leave without them or not. (and there's no way a 4-hour delay was being cause by a few folks stuck at the CATSA line)

I guess the next step is to reply to the email detailing my objection, and take it from there?
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Old Jan 30, 2023, 8:44 pm
  #343  
 
Join Date: May 2020
Location: YYZ
Programs: AC SE, AA PlatPro, Hyatt Globalist, Bonvoy Plat & LT Gold, Hilton Gold, National EE
Posts: 878
Just heard back from the APPR claim I submitted for a flight on Dec20 (YYC-YYZ onboard A330 reg as C-GEGP) that ended up arriving 3+ hrs late. Full denial, no voucher offered. Stated reason: The flight was delayed due to unforeseen maintenance that does not include scheduled maintenance or mechanical problems identified during scheduled maintenance. Immediately after they said it was "within their control" but not eligible to receive any compensation.

Too bad the notes aren't available on EF for longer than 7 days. iirc they didn't say much but I did record Pilot saying the delay was from loading cargo even though the flight was delayed 2.5 hrs from YYZ after flying to FLL and back.

Not sure what to do but might push a bit to see what I can get
MillennialMiles is offline  
Old Jan 31, 2023, 11:26 pm
  #344  
Moderator, Air Canada; FlyerTalk Evangelist
 
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Please note that a number of posts stemming from an incident of AA re-booking a passenger on AC metal have been deleted as they were off topic - this thread is regarding claiming APPR compensation from Air Canada. If you have had an incident with another carrier, please visit that carrier's forum. For a general discussion of APPR, the Canada forum is the appropriate venue.

Adam Smith
AC Forum Moderator
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Old Feb 2, 2023, 6:07 pm
  #345  
 
Join Date: Feb 2001
Location: somewhere north of stateside...
Posts: 4,153
This week, I filed a small claims lawsuit against AC in Quebec court (mostly online, with documents sent by UPS). I had a 19 hour delay last July. They indicated that it was due to "impacts of COVID-19" including staffing shortages and government entry requirements. There were no government entry requirements in place that forced a cancellation from Montreal to the NE USA last summer (they operated other flights on the route earlier that day)... it was clearly staffing shortages.

When I requested compensation, they indicated that it was due to "safety" - several weeks later. Uh huh...

I have a feeling I have a deposit coming my way in the next couple of weeks, but I'll let you know.

I know punitive damages aren't normally awarded in Small Claims, but when there's evidence that a company is intentionally flouting the law, it can be done. Personally, I think that given the behavior of Canadian airlines over the past months, they should be required to pay three or four times the compensation amount when they initially deny a claim but its later found by the CTA or a court to be founded...
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