Air Canada apologizes after barring passenger flying to see terminally ill husband
#16
A FlyerTalk Posting Legend
Join Date: Sep 2012
Location: SFO
Programs: AC SE MM, BA Gold, SQ Silver, Bonvoy Tit LTG, Hyatt Glob, HH Diamond
Posts: 44,353
I wouldn't be so sure about that. Good faith clauses are common in contracts and provide parties a reasonable level of protection against human error, which is the basis of claim in both the article and the past case. There could be reason to challenge the level of liability for errors made in good faith and for the burden of proof for the airline to demonstrate that a good faith effort was made, but the concept of the clause itself is fine and is reasonable that it is there.
And I can understand not getting punitive damages, but if there's an actual loss due to breach of contract, I'd expect to be made whole.
#17
Join Date: Dec 2012
Location: YEG
Posts: 269
I read many complaints about this type of occurrence and I often wonder if it is the responsibility of one of the lowest paid workers on the front line to remember all the changing regulations. I agree with the comments that further training is required. I often wonder why AC does not provide a second level of support much like when I call a support desk for assistance. I would like to think it would be a win-win situation. Staff are less defensive since they a second level of information to fall back on and customers are happy because solutions arrived in a more timely manner.
#18
Join Date: Feb 2009
Location: YYC
Programs: BA bronze, Aeroplan peon
Posts: 4,746
Because it would cost more than the bare minimum number of staff they need and there is no financial penalty to not provide that service. It might be different if there was a consequence to denying boarding to a properly documented passenger like there is under the EC261 regulations.