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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 Feb 23, 20, 11:29 am
  #76  
 
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Flight delayed 5.5 hours, AC declined full compensation

Fight delayed 5.5 hours from LA to Toronto, AC decline full compensation per the APPR, supposed to be 400dollars. as a good gesture, they offer 200 ecoupon. Should I take it or pursue further?

Thanks in advance!

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Old Feb 23, 20, 12:00 pm
  #77  
 
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Depends on the reason, if it was weather or another uncontrollable issue where compensation doesn't apply, collecting the coupon is much better than what you'd deserve (zilch).

If it was a controllable delay, you can try to fight for the rest of your compensation.
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Old Feb 23, 20, 12:05 pm
  #78  
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Originally Posted by zappy312 View Post
If it was a controllable delay, you can try to fight for the rest of your compensation.
AC is claiming that it's exempt because the issue was safety-related. I don't buy it because that would exempt virtually all maintenance-related issues.

Last edited by mahasamatman; Feb 23, 20 at 12:11 pm
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Old Feb 23, 20, 12:12 pm
  #79  
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Does the OP know exactly what the mechanical problem was?
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Old Feb 23, 20, 1:34 pm
  #80  
 
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Originally Posted by mahasamatman View Post
AC is claiming that it's exempt because the issue was safety-related. I don't buy it because that would exempt virtually all maintenance-related issues.
Which had been discussed extensively in other threads. While the act specifies certain payment amounts, it also makes it very difficult to collect as most of the reasons flights are typically delayed/cancelled are exempt from compensation. The act isnt nearly as strict as what is in place in the EU.

I wish things were different. I myself am about to submit a claim for a non-weather/non-mechanical delay that caused me to return home with a 24 hour delay. Looking to see what happens...
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Old Feb 23, 20, 1:37 pm
  #81  
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Originally Posted by mahasamatman View Post
AC is claiming that it's exempt because the issue was safety-related. I don't buy it because that would exempt virtually all maintenance-related issues.
It sounds like you're not familiar with the regulations.
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Old Feb 24, 20, 9:44 am
  #82  
 
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Yesterday AC756 (SFO-YYZ) was cancelled after sitting on the tarmac for hours. The engines would not start after being pushed back. The captain explained it was no problem, they would have the maintenance crew come and do it manually, but several hours later parked back at the gate and repeated attempts to start the engines ended up with no luck. Flight was cancelled and we reached YYZ with a 10+ hour delay.

I am expecting the $1,000 compensation for this case - will report back.
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Old Feb 24, 20, 9:47 am
  #83  
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Originally Posted by Rundosrun View Post
I am expecting the $1,000 compensation for this case - will report back.
Why? This is a maintenance issue, one that wasn't identified during routine maintenance, and AC will therefore deny the claim for safety reasons.

Don't get me wrong, the legislation sucks, and it seems like AC may offer you something as goodwill, but "expecting" seems like an exaggeration.
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Old Feb 24, 20, 10:00 am
  #84  
 
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Originally Posted by Adam Smith View Post
Why? This is a maintenance issue, one that wasn't identified during routine maintenance, and AC will therefore deny the claim for safety reasons.

Don't get me wrong, the legislation sucks, and it seems like AC may offer you something as goodwill, but "expecting" seems like an exaggeration.
The fact the captain kept saying it was a minor issue and would not impact things, and that they had every intention of departing with a manual start would seem to say the lack of the autostart was not a safety issue?
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Old Feb 24, 20, 10:08 am
  #85  
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Originally Posted by Rundosrun View Post
The fact the captain kept saying it was a minor issue and would not impact things, and that they had every intention of departing with a manual start would seem to say the lack of the autostart was not a safety issue?
AC has deemed pretty much every maintenance item to be a safety issue. And if you read the APPR guidelines, they're written pretty favourably for the airlines, in that any maintenance issue that doesn't come up during scheduled maintenance is a "safety" issue and therefore exempt.
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Old Feb 24, 20, 10:20 am
  #86  
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Originally Posted by YEG USER View Post

I wish things were different. I myself am about to submit a claim for a non-weather/non-mechanical delay that caused me to return home with a 24 hour delay. Looking to see what happens...
I made a claim after a cancellation, which the e-mail said was because of a crewing issue. Denied based upon not the cancelled flight but because the flight actually taken was (apparently) delayed for a safety or weather reason...

I sent a mail back. So far no answer. Next step is the CTA, after we get back home. Apparently the web form is not overly onerous.
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Old Feb 24, 20, 10:36 am
  #87  
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Originally Posted by Rundosrun View Post
The fact the captain kept saying it was a minor issue and would not impact things, and that they had every intention of departing with a manual start would seem to say the lack of the autostart was not a safety issue?
I like this argument. Please pursue it and report back.
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Old Feb 24, 20, 10:55 am
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If Air Canada failed to provide one of the engines for the aircraft, would that also be a safety issue, because you cannot safely take off on one engine?

Or can passengers reasonably expect some baseline duty with regard to maintenance?

I think this remains to be established by the CTA.

I believe the legislation was written to avoid a situation where airlines might ignore a warning light to avoid delaying and paying compensation. Despite my misgivings about this line of reasoning due to the experience with EU261, that is a reasonable goal.

I don't think Parliament intended that the airline be absolved of responsibility for any and all mechanical problems.

Parliament created a loophole with good intentions and Air Canada is trying to drive a 777 through it.
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Old Feb 24, 20, 11:02 am
  #89  
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eigenvector , 100% agree with your post, and I'm certainly not saying that Rundosrun (or anyone else in the same position) shouldn't pursue compensation - I certainly would do it myself.

I'm just trying to advise that expecting the compensation that we think should be owed under APPR is probably going too far at this stage, when AC has very clearly established its position on these matters.
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Old Feb 24, 20, 12:14 pm
  #90  
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Originally Posted by eigenvector View Post
If Air Canada failed to provide one of the engines for the aircraft, would that also be a safety issue, because you cannot safely take off on one engine?
In this case, neither engine would start. There's no safety issue. It's not taking off.

"Can't fly" and "can't safely fly" are two very different things, that may make a legal difference here.
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