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Master thread Air Canada Refunds vs credits; Class action lawsuit filed

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Old Dec 10, 2020, 7:55 pm
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As of April 13, 2021 (in conjunction with the federal government bailout), AC is providing refunds for flights cancelled due to COVID, which applies to tickets with travel after February 1, 2020, and purchased before April 13, 2021. This includes flights cancelled by customers rather than AC.

Going forward (i.e. tickets purchased on or after April 13, 2021), cancelled flights will be refunded if AC does not offer a re-booking option with departure +/- 3 hours from the original time.

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Master thread Air Canada Refunds vs credits; Class action lawsuit filed

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Old Dec 15, 2020, 10:50 am
  #1216  
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Last edited by skybluesea; Dec 21, 2020 at 10:38 am
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Old Dec 15, 2020, 11:10 am
  #1217  
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Originally Posted by ovsa
AC needs to know this is not acceptable to consumers.
AC knows. AC doesnt care. AC continues to sell flights without any intention of ever operating them.
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Old Dec 15, 2020, 11:11 am
  #1218  
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ovsa, just noticed that was your first post, so welcome to FT

Originally Posted by skybluesea
you are absolutely right and too many apologists on this Forum (without cross-posting) that make excuses, suggesting too complex for AC to figure this out, instead, AC is doing this on purpose to serve their own ends, complicit with government who is not standing on behalf of consumers.
I don't think anyone has suggested it's too complex for AC to figure it out. They just haven't done it. It's nuts that they first announced the voucher concept >6 months ago, and we're still reliant on some (evidently too small) army of people to process these things, rather than having something automated like WS has. But that's the world we're living in at the moment.
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Old Dec 15, 2020, 11:42 am
  #1219  
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Originally Posted by 24left

I'm quite sure there are some on this forum including a couple of TAs, who know the rules better than me and can offer suggestions or even a solution.
There are very easy solutions for this problem - fly the couple AC to LAX then BR or CI to TPE and then CI to SYD. The problem is it costs Air Canada money to do this, and they are probably just middle fingering this couple, like they are doing to everyone else.
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Old Dec 15, 2020, 1:24 pm
  #1220  
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Last edited by skybluesea; Dec 21, 2020 at 10:38 am
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Old Dec 15, 2020, 1:46 pm
  #1221  
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Originally Posted by skybluesea
I have reached out to Reporter so hopefully we can help them out, but you are likely quite right on how AC handled this.
Actually even easier come to think of it, is flying AC to SFO then UA direct to SYD, although that's somewhat of a torture in coach.

I don't know anything about the Australian court system, but they could just buy the ticket outright on United, fly home, then sue Air Canada in Australian court for the cost of the old and new tickets. I doubt a small claims judge is going to show much sympathy to AC given what they did here.
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Old Dec 15, 2020, 2:44 pm
  #1222  
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Last edited by skybluesea; Dec 21, 2020 at 10:37 am
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Old Dec 15, 2020, 3:28 pm
  #1223  
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Originally Posted by seawolf
No it does not but I would just leave the reservation alone and file the chargeback.
Update: After sending 15 pages of documentations, and waiting couple of weeks, Chase has issued me a provisional credit for the 3 J class tickets. The accompanying letter said that AC could still counter up to 2 billing cycles but according to Chase rep, cancelling a flight is a clear case of not receiving the merchandise or service that I paid for.

Last edited by seat38a; Dec 15, 2020 at 3:35 pm
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Old Dec 15, 2020, 4:12 pm
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Originally Posted by skybluesea
And please do NOT try the ignorance of the Tariff argument; courts take dim view of "I didn't understand what I was agreeing to", especially when hundreds of millions of tickets are sold each year on this basis, generally without conflict.
Is U.S. law really quite so deferential to the airlines?

§ 253.7 Direct notice of certain terms.A carrier may not impose any terms restricting refunds of the ticket price, imposing monetary penalties on passengers, or raising the ticket price consistent with § 399.88 of the chapter, unless the passenger receives conspicuous written notice of the salient features of those terms on or with the ticket.

14 CFR § 253.7 - Direct notice of certain terms. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

Travel websites do conspicuously warn that customers are purchasing "nonrefundable" tickets, but "nonrefundable even if the carrier cancels the flight" seems to be something rather different and, at least in my experience, very rare.

Also, could the demand for additional payment to fly the same passenger on the same itinerary after the pandemic be considered a post-purchase price increase? (assuming the "credit" isn't sufficient to cover the new fare)
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Old Dec 16, 2020, 11:11 am
  #1225  
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Originally Posted by strickerj
Note, though, it says "and the schedule irregularity is of 60 minutes or less". So, if they notify you of a change by less than an hour at least one day in advance, then you de facto agree to it, but if the change is more than an hour (presumably a cancellation qualifies), then you can change/cancel it.

Now, I could have dropped this and rebooked for next year using the credit, but after how AC has treated all of us, I have zero interest in ever giving them a dime.
Neverrmind. For some reason I entirely dismissed the 60 minute part.

Originally Posted by jnerone
Is U.S. law really quite so deferential to the airlines?

§ 253.7 Direct notice of certain terms.A carrier may not impose any terms restricting refunds of the ticket price, imposing monetary penalties on passengers, or raising the ticket price consistent with § 399.88 of the chapter, unless the passenger receives conspicuous written notice of the salient features of those terms on or with the ticket.

14 CFR § 253.7 - Direct notice of certain terms. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

Travel websites do conspicuously warn that customers are purchasing "nonrefundable" tickets, but "nonrefundable even if the carrier cancels the flight" seems to be something rather different and, at least in my experience, very rare.

Also, could the demand for additional payment to fly the same passenger on the same itinerary after the pandemic be considered a post-purchase price increase? (assuming the "credit" isn't sufficient to cover the new fare)
I think your interpretation is reading too much into §253.7 as it was not intended to address the matter at hand. It (with the exception of the post-purchase increase) was written in the 1982 to allow for airlines to incorporate the CoC by reference instead of including the full CoC with every single (paper) ticket. This was during the time when there was no such thing as a change fee. Not sure if non-refundable fares even exist at that time.

DoT considers not refunding a non-refundable ticket due to significant schedule change/cancellation would be an unfair/deceptive practice but opted not to laid down regulations and address case by case back in 2011 due to industry concerns. AC is essentially challenging DoT view by arguing that it is NOT an unfair/deceptive practice if CoC allows for not refunding non-refundable. Back in 2011, LCCs also wanted to not refund non-refundable under any circumstances but DoT didn't side with them and went with case-by-case.

Last edited by seawolf; Dec 16, 2020 at 11:27 am
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Old Dec 16, 2020, 1:44 pm
  #1226  
 
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How long is AC taking to issue travel vouchers? Any idea where they are at, are they even processing vouchers for flights cancelled in October yet?
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Old Dec 16, 2020, 4:29 pm
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Originally Posted by tobegold
How long is AC taking to issue travel vouchers? Any idea where they are at, are they even processing vouchers for flights cancelled in October yet?
I just got one for a flight cancelled mid Sept, so if that's anything to go by, time is around 3 months.
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Old Dec 16, 2020, 8:35 pm
  #1228  
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Originally Posted by tobegold
How long is AC taking to issue travel vouchers? Any idea where they are at, are they even processing vouchers for flights cancelled in October yet?
Originally Posted by nexusCFX
I just got one for a flight cancelled mid Sept, so if that's anything to go by, time is around 3 months.
And I'm still waiting on one from beginning of October.
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Old Dec 16, 2020, 9:29 pm
  #1229  
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I just looked at turning a cancelled booking in to a travel voucher. It's nice that you can pull up the PNR, even for something that has had no segments on it for eight months, but what a joke that AC is still saying "[p]lease allow up to six weeks for the Air Canada Travel Voucher to be issued"
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Old Dec 16, 2020, 10:05 pm
  #1230  
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Originally Posted by Adam Smith
I just looked at turning a cancelled booking in to a travel voucher. It's nice that you can pull up the PNR, even for something that has had no segments on it for eight months, but what a joke that AC is still saying "[p]lease allow up to six weeks for the Air Canada Travel Voucher to be issued"
dont they rush order for SEs?
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