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

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

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Old Aug 24, 22, 6:47 am   -   Wikipost
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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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Old Feb 5, 20, 1:51 pm
  #46  
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Originally Posted by gcashin View Post
It's been a long time since I've got a meal voucher for a weather delay, but I thought I recalled that meal vouchers for weather related delays said "Delay - Uncontrollable" rather than "Delay - Controllable." And yes, I know there can be controllable delays not covered under the compensation guidelines.

But for AC to say a delay is due to scheduling issues, and then say that aircraft scheduling is outside of AC's control is very misleading.
I've had many weather-related meal vouchers that all said "controllable".

I agree saying scheduling is outside their control is misleading flat-out wrong, but I suspect what they mean is "not compensable". Not that I agree with that either.

I just wouldn't base anything off what is printed on a meal voucher.
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Old Feb 5, 20, 8:54 pm
  #47  
 
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Last month I had a flight that was cancelled due to crew constraints and I submitted a claim.

I received an email acknowledging the claim was received and that I should hear back within 30 days.

It's now been more than 30 days since I submitted the claim. Do I attempt to follow up with AC? Or do I complain to to CTA?
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Old Feb 9, 20, 8:27 am
  #48  
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QUOTE:

'It's vague'

Jennifer Janssen was so upset with the explanation Air Canada gave her for a delayed flight, she filed a suit against the airline last month in small claims court.

"I was like, 'This doesn't seem right,'" said Janssen, who lives in Hamilton.

On Jan. 1, her flight from Gander, N.L., to Toronto was delayed by more than nine hours due to "crew availability," according to Air Canada.

But when she filed for compensation for herself and her travel partner, the airline turned Janssen down, stating the delay was due to safety-related "scheduling issues."

"It's vague and it leaves a lot open to interpretation," she said. "They're leaving information out somewhere."


https://www.cbc.ca/news/business/air...-cta-1.5455807
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Old Feb 9, 20, 12:10 pm
  #49  
 
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If AC is indeed deliberately tampering with or misrepresenting flight delay data in a bid to deny compensation, it's an incredibly short-sighted move. But I fear that AC has operated for so long in an environment where the tail wags the regulatory dog that management doesn't actually know how to instill a real compliance culture in their employees.
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Old Feb 9, 20, 12:22 pm
  #50  
 
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A number of FT-ers predicted that AC would be doing such a thing when the regulation goes into effect. This just shows that they were indeed right and that AC is willing to go down any loophole.
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Old Feb 9, 20, 12:24 pm
  #51  
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Wasn't a lot of litigation required in Europe before airlines started paying out easily?

I'm not surprised this is happening here. Hopefully it will be resolved quickly.
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Old Feb 9, 20, 1:03 pm
  #52  
 
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The most telling example in the CBC story is that of two pax on the same itinerary, one accepted the other not. Plus many of the other examples seem to closely parallel the examples posted here.

On a related note re Europe, a friend experienced a delay last year with LH (connecting from AC) that forced a return to FRA due aircraft weather radar issues. They sent a claim to LH and it was paid the next day.
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Old Feb 9, 20, 1:06 pm
  #53  
 
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Europe has laid down a inspirational story some lawfirm is just waiting for a test case on to replay.... Anyway.

Do flights get uncanceled? I'm Descartes level of sure I could not check in for a flight on Wednesday afternoon (for Thursday morning) and rebooked the next trip. This triggered me being caught up in cascading failures and 44 hours in Montreal. Any one of the mixed weather/incompetence issues I could forgive, but it's was a long time.

Do we believe trouble makers get flagged for future less good will service?
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Old Feb 9, 20, 2:48 pm
  #54  
 
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Mechanical alone is not enough to avoid compensation. AC has to prove it was unforeseen as well; ie not known or found during maintenance but deferred. However it seems like where AC is concerned the best policy is to pay for On my way or use a Lat pass to get decent IRROP options.
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Old Feb 9, 20, 3:23 pm
  #55  
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Originally Posted by YXUFlyboy View Post
Mechanical alone is not enough to avoid compensation. AC has to prove it was unforeseen as well; ie not known or found during maintenance but deferred. However it seems like where AC is concerned the best policy is to pay for On my way or use a Lat pass to get decent IRROP options.
You're talking about Europe, not Canada.
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Old Feb 10, 20, 5:40 pm
  #56  
 
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My son had an interesting experience today. He was on AC 138 YYC-YYZ. Departed on time at 8:40ish. Flew about an hour and then returned to YYC due to bags on board, but not their passenger and a former PM was on board. The flight left the second time around 11:50 and arrived in YYZ 2:35 minutes late. The communications was poor and no food was offered. I understand that security issues don’t require comp, but they left YYC knowing there were extra bags. I would think that would be under their control?
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Old Feb 10, 20, 6:16 pm
  #57  
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Originally Posted by SearsTower View Post
My son had an interesting experience today. He was on AC 138 YYC-YYZ. Departed on time at 8:40ish. Flew about an hour and then returned to YYC due to bags on board, but not their passenger and a former PM was on board. The flight left the second time around 11:50 and arrived in YYZ 2:35 minutes late. The communications was poor and no food was offered. I understand that security issues dont require comp, but they left YYC knowing there were extra bags. I would think that would be under their control?
But having bags without their owners is a security issue, and security is definitely a safety issue, and safety-related delays are exempt, so 🖕 to your son's (and everyone else on his flight) request for compensation.

Not saying I agree, but that's the tack I expect AC to take, and the legislation is so poor that they may well prevail.
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Old Feb 11, 20, 9:31 pm
  #58  
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Some interesting comments.




QUOTE:

"The familys claims, however, were all initially rejected. In communication seen by Global News, Air Canada justified the denials saying, the delay was caused by an event outside of our control. The airlines message, however, incorrectly referenced a number of flights that, while part of the familys trip, were not part of the claim.

Di Censos story is one of nearly a dozen involving Air Canada passengers who spoke to Global News who said they believe the airline is intentionally mis-referencing flights or misrepresenting the cause of flight delays. They claim Air Canada is doing this to avoid paying compensation under new rules that came into effect in December."


https://globalnews.ca/news/6535414/a...ssenger-rules/
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Old Feb 14, 20, 10:09 am
  #59  
 
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Looks like an inquiry has been launched.



https://www.cbc.ca/news/business/cta...463206?cmp=rss

"The Canadian Transportation Agency has launched an inquiry into allegations from passengers that airlines aren't adequately explaining their reasons for denying compensation for delayed flights.
....

The CTA said it has received "multiple" complaints from passengers who were not satisfied with the explanations they got. As a result, the agency will spend the next six weeks investigating the complaints and gathering evidence from the airlines involved."
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Old Feb 14, 20, 10:30 am
  #60  
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Originally Posted by 24left View Post
[color=#000000]"The familys claims, however, were all initially rejected. In communication seen by Global News, Air Canada justified the denials saying, the delay was caused by an event outside of our control. The airlines message, however, incorrectly referenced a number of flights that, while part of the familys trip, were not part of the claim.
Matches our first hand experience.
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