EchoBravo

Congrats to those that have actually been able to get Air Canada to pay some compensation out for delayed flights. Looking for some advice on whether it makes sense to pursue this further or not.
Sent in a compensation claim for a flight (1673) that was delayed for 5 hours due to a mechanical issue. That flight was then cancelled and we were put on another flight (909), we were told that plane was on it's way. It was then delayed another 8 hours waiting for the plane to arrive in Orlando. E-mails from Air Canada on the delay show the delays were due to "This flight is delayed due to a technical issue affecting the inbound aircraft". But at the airport we were told that the incoming aircraft wasn't allowed to take off until they figured out how to transfer all the passengers from flight 1673 to flight 909 on a new plane.

Below are two reasons that Air Canada denied claims, funny enough neither are for the actual flight that I put in the orignal complaint for (I never actually said anything about flight 1674 in my complaint at all, they did that one themselves). Do either one of those really seem like a safety issus to anyone else? The security check is that we were waiting on passengers that didn't make it through security in Toronto on time, and they had to take the baggage off the plane since they didn't make it through to board.

Thanks
--Daryl

<From Air Canada e-mail since I'm not allowed to post images yet>


We are in receipt of your claim under the Air Passenger Protection Regulations for flight 1673 on 2019-12-27. We are sorry for the delay you experienced at arrival to your final destination.
In this instance, the compensation you are requesting does not apply because the delay was caused by a safety-related issue.

Specifically:


AC 909 MCO Orlando Intl - YYZ Toronto Pearson2019-12-27​This flight was delayed due to scheduling issues.

ZX 1674 YYZ Toronto Pearson - MCO Orlando Intl2019-12-15​This flight was delayed due to a security check.

HerpaYvr

It's these situations where status comes in very nicely. being a SE and Million Miler I am showing my loyalty to AC. In the past few months, a few of my YOW-YYZ flights have been cancelled or delayed and AC has looked after me. I am placed on an earlier flight and my hotel is looked after or they find a better route, upgraded to J and I am on my way.

I have never held my hand out for money because life happens and as a frequent flyer, I know this happens!

I certainly not suggesting asking for compensation is wrong, but the current rules for getting compensation are restricted.

I simply want to get to my destination on time, safely and with dignity, that is all and when asking AC to do this, I am simply nice about it

colombianbrew

I have only only ever made one request for compensation (which they granted) but I approached it not from the fact that there was a delay or why but from the perspective of how they handled it and treated me in that situation.

lallied

luckily you don’t live in a city reliant on aging dashes where 30% of flights are cancelled and used on other routes leaving you getting home (or out ) days later than planned. Even if a distant shuttle-only (cheap) hotel is offered that you would not stay in even if you paid yourself If you did you might have a different perspective. Certainly changed mine though it did take 20 years.

EchoBravo

I've never looked for a handout either, this situation seemed different though. When I'm by myself I really don't care. I've had the YYZ->YOW and YYZ -> IAD flights cancelled/delayed so many times (one was a 20 hour delay on three different flights that all got cancelled) and really didn't care at all.

This one was with my family though, SO and two kids. AC gave us a $10 meal voucher for the airport for the 13 hour cancellation/delay, and the lack of communication and over all how many people they affected, it really felt like they should have done better on this one. I can understand a 13 hour delay in EMEA/LATAM or APAC, but Orlando seems pretty easy to get another plane/crew to, especially when it wasn't anywhere near close to weather related.

I just don't know if there's any reasoning with them at all here, or if that answer is a 'final' thing

Sean Peever

If the flight were originally delayed due to mechanical issues, then I would not even bother submitting at all. Mechanical issues = safety = no comp. That was your original flight, that is the reason the original flight did not leave on time, and then they eventually got you to your destination after they delayed the original flight for safety. I see no real way to get any comp here.

For the record, I have had one successful claim with AC (EU261, not the Canadian). The year the 787 was introduced, I got involuntarily downgraded from PY to Y because the 787 was late being delivered to AC and they had no other planes with PY. They downgraded my ticket to flex in Y, offering $0 back, no refund, and nothing else. I spent 5+ hours on the phone trying to resolve it with them, they refused to budge. So I took the flight with the flex ticket in Y and submitted under EU261 and successfully get compensation. I got a 75% of the total r/t ticket back in cash or 100% of the total r/t ticket in AC gift Cards.

Bohemian1

Not my flight, but the 'earlier' flight from YUL to YVR is late. But look in the app for status and you see this:




Call my cynical, but I assume this may well be the default 'reason' for many delays going forward.

Stranger

Yesterday, in the app, my flight showed late because of required maintenance. However, the incoming flight, while having departed on time, arrived late, and boarding staterd more or less right away. Also, the captain mentioned that we were late becaue of late arrival of the plane. So yes, the explanations given in the app seem disingenuous...

Antonio8069

I am surprised to see you approached this as a legal claim under air transport regs?
I don't know these regs well, but I do know that AC denies all legal claims!
In the alternative, I would have have approached this as a goodweill issue?
Also, given the duration of the delay, I am very surprised there was no announcement about what to expect?

yyznomad

It's the same BS reason they use for the SMS alerts.

YYT82

Air Canada denies only legal claims for which they are not obliged to compensate. If your claim is deemed valid under the legal requirement (for example, EC261/2004), AC pays. The trouble with the Canadian air passenger protection regulation is that it gives airlines lots of ways out, so it really is an empty bill with the exception of IDB compensation.

You are correct in suggesting fellow passengers approaching delay claims from a goodwill perspective. You either get eCoupons or you get 15% off discount codes.

For TATL itineraries, I've always preferred taking European registered carriers eastward and AC westward. That way both TATL flights are covered under EC261/2004 and even connections after the westward TATL flight are covered under the same regulation, unless you take a VDB.

FifthBiz

Received notice that my claim for myself and my +1 was approved. Will be receiving $2000 in the mail. Claim submitted about 2 weeks ago and the flight delay was due to crew shortage.

Bohemian1

Piling on (a little), I thought I'd provide the entire text received back from AC regarding a long tarmac hold on arrival due to an occupied gate. Given the very vague language, I suspect it's mostly the same boilerplate used every time.

Of interest is that the original complaint made no reference to the new act, only to the inconvenience (a missed meeting) resulting from the delay.

Mods - We don't really have a master thread for 'new' comp issues, so I thought I would add this here. Feel free to move.

TTC900Rocket

Upon landing, switched on the phone to see a proactive email for $100. Nice move on their part.

Now, to get my original routing credit instead of my revised itinerary’s worth.

aznfreak007

for a 5 hr controllable delay, you might be short change for receiving just 100.00$. by accepting 100.00$, see if you are releasing AC from its' liability for compensating you as per the regulations.

https://otc-cta.gc.ca/eng/air-passen...ons-highlights