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Flight Pass - Class Action Lawsuit!

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Flight Pass - Class Action Lawsuit!

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Old Oct 26, 2007, 5:53 am
  #106  
 
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Originally Posted by Stranger
No. The conditions of carriage are quite clear. The only obligation of the airline is to get you to destination, period. They can even bus you if so they decide.
Except, last week, on a flight from SFO-YXU, my Jazz segment from YYZ-YXU was cancelled secondary to fog. AC did not offer *any* compensation or alternative mode of transport, and worse, when I complained formally, they still said no refund/compensation. I booked this flight on a pass, and my argument was that the "contract" stated they should move me somehow from SFO-YXU, which they didn't, therefore I deserve compensation. No dice. Not happy. Had to pay out of pocket for a car rental...

The gate agent said the segment would be refunded, but nobody seems to know what a segment is worth when booked on a pass...
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Old Oct 26, 2007, 5:55 am
  #107  
 
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Originally Posted by Stranger
I must say, a class action would be a wonderful idea. Imagine how the press would pick on it?
I would guess that the press wouldn't care. A bunch of frequent flyers not getting their upgrade, well boo hoo...

I think a class action is justified, and I think AC is way wrong on this, but that doesn't mean the press (and the average Joe) would agree.
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Old Oct 26, 2007, 6:07 am
  #108  
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Originally Posted by propofol
Except, last week, on a flight from SFO-YXU, my Jazz segment from YYZ-YXU was cancelled secondary to fog. AC did not offer *any* compensation or alternative mode of transport, and worse, when I complained formally, they still said no refund/compensation. I booked this flight on a pass, and my argument was that the "contract" stated they should move me somehow from SFO-YXU, which they didn't, therefore I deserve compensation. No dice. Not happy. Had to pay out of pocket for a car rental...

The gate agent said the segment would be refunded, but nobody seems to know what a segment is worth when booked on a pass...

Had similar fog problems last week.My YYZ/YSB flight credited to my account although we never landed YSB.We returned YYZ and flight was cancelled.Took a car and drove to Sudbury.I was scheduled YSB/YYZ/YVR/YLW and could not leave YSB and drove to YYZ.Made the rest of flights no problem.
Question,will my YYZ/YSB flight be re-credited?( a flight pass as well)
What compensation could/should I receive for a YSB/YYZ flight that was cancelled as part of my flight pass.

Car rental cost came out of my pocket.
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Old Oct 26, 2007, 6:37 am
  #109  
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Originally Posted by propofol
I would guess that the press wouldn't care. A bunch of frequent flyers not getting their upgrade, well boo hoo...

I think a class action is justified, and I think AC is way wrong on this, but that doesn't mean the press (and the average Joe) would agree.
I disagree on the media angle as I'm very sure it would garner some ink as did the recent changes to AP mile 7-year lifespan and 1-year dormant account clause. The angle that a big, bad corporation is out to screw the little guy who is fighting back through the courts I would think would be appealing to any editor and when AC is involved, well, let's just say that the public opinion of the airline for a plethora of reasons isn't sky high so I'm sure it would be picked up by the newspapers with pages to fill.
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Old Oct 26, 2007, 7:27 am
  #110  
 
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I'll apologize in advance if what I write sounds sarcastic, but I want to grasp everything that has been posted here so far.

I don't have many posts under my belt, but I have lurked for quite some time and I only post when I think it is necessary.

From what I understand, everyone is upset because:
a) AC removed the class of service bonus for the Exec upgrade using a flight pass
b) AC seems to have set certain limits on upgrading a flight pass depending on the J availability

Now, correct me if I'm wrong, but the upgrades are only available on a Latitude Flight Pass. It seems to me that the Latitude Flight passes:
a) have quite a significant cost savings over purchasing 10 or 20 flights individually
b) include all travel related fees (AIF's and so on)
c) have no fees to change, standby or cancel
d) include advance seat selection

I've gone over the T&C's on ac.com, and even though they seem to have been modified from what everyone here posted, I never saw any mention of:
1) COS bonus for upgrades to Exec (and I don't think that was ever mentioned)
2) I did not see the phrase "guarantee" when mentioning complimentary upgrades to Executive class for Latitude Pass holders

With all this information at hand, I would find it extremely difficult to launch a class action suit successfully.

You actually may be doing more damage to everyone's reputation by looking like a bunch of spoiled brats who have not received their J class seat. And in the eyes of the average Joe who flies only in Y, you will be the spoiled brats.

Just my thoughts.......but what do I know?
golfer
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Old Oct 26, 2007, 7:29 am
  #111  
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Why are people surprised when AC hack back the perks... they have been doing it for years.
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Old Oct 26, 2007, 7:35 am
  #112  
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Update

Well, I see you folks have been busy!

An update on where things are at from my end: I've been through the customer relations centre to it's natural conclusion... same as you see above (yes it's an enhancement). I also asked to escalate in the organization and was told there is no further place to go... so now I'm documenting my case for the Canadian Transportation Agency. I'll continue to follow the process until satifsfied or until I have to get a class certified. I'll keep you posted.

Everyone: please continue to contact customer relations and express your discontent. Keep up the pressure.

In terms of compensation I'm looking for barring the process change to existing pass holders as well as a financial and points compensation for the grief.

We have to show AC that screwing your customers has to stop.
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Old Oct 26, 2007, 7:47 am
  #113  
 
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Originally Posted by golfer
I'll apologize in advance if what I write sounds sarcastic, but I want to grasp everything that has been posted here so far.
You can't understand it until you drop $15,000 up front, real money, for a product that is then changed or not provided as described.

Air Canada says, if you give us lots of money up front, you can have X flights with A,B,C... perks. If you don't use them within a year, tough, we keep your money and you get no flight. Then they start taking those perks away.

Whatever those "fare classes" or "conditions of carriage" are, well, they're 100% irrelevant from a consumer perspective. They made representations (advertised) to provide something and then provided something that wasn't equivalent. Then only question is do the people who spend that kind of money care enough, or is it worth it for them to bother doing anything about it.
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Old Oct 26, 2007, 7:55 am
  #114  
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"I've gone over the T&C's on ac.com, and even though they seem to have been modified from what everyone here posted, I never saw any mention of:
1) COS bonus for upgrades to Exec (and I don't think that was ever mentioned)
2) I did not see the phrase "guarantee" when mentioning complimentary upgrades to Executive class for Latitude Pass holders"

I agree that COS bonus was never a written perq--that might be something you ask for as compensation in winning a class action suit but it is not something I would fight over. The fact that it went on for a couple of years may have be seen as customary use but I am not sure the courts would buy into it.

On number 2, the only question is that the wording of ac.com (along with the company's interpretation/implementation) has changed from coming out of J inventory to the now vague wording. As I said, for those that purchased prior to the change, this could be a big deal and may be worth fighting over. I had my own share of grief that cost me hours of time working with AC to get my V class bookings on my Hong Kong pass after AC changed the terms to N class! This is repugnant and unacceptable behavior to unilaterally alter the prime conditions of a contract that significantly/materially negatively affect the purchasing party.
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Old Oct 26, 2007, 7:59 am
  #115  
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My guess is that a more effective (short-term) strategy would be to talk to a Globe and Mail or National Post business reporter (perhaps travel reporter too?).

If there are enough affected parties that feel they are being harmed, the Globe will run a story on it. AC doesn't like bad press. That is a far bigger immediate weapon in the arsenal. A class action suit will also attract press but rewards may be further down the road. This (contacting press) could be done today
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Old Oct 26, 2007, 8:02 am
  #116  
 
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Originally Posted by pmax
Air Canada says, if you give us lots of money up front, you can have X flights with A,B,C... perks.
IMO it's a mistake to describe these additional components of the pass product as "perks". They are features of the pass as sold, not some discretionary benefits which can be withheld or modified at ACs whim.

And the reason for getting angry about this is not some whining about restricting upgrades, it's that if AC can change this feature of a product after sale, they could change other features when it suits them - change fees and conditions, AP miles earned, even which airports are included.

If you can't trust in the stability of the pass product, there's no sense in buying it.
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Old Oct 26, 2007, 8:05 am
  #117  
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Originally Posted by Johnathan*SE
Well, I see you folks have been busy!

In terms of compensation I'm looking for barring the process change to existing pass holders as well as a financial and points compensation for the grief.

We have to show AC that screwing your customers has to stop.
:-:^
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Old Oct 26, 2007, 8:21 am
  #118  
 
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Originally Posted by antirealist
IMO it's a mistake to describe these additional components of the pass product as "perks". They are features of the pass as sold, not some discretionary benefits which can be withheld or modified at ACs whim.

And the reason for getting angry about this is not some whining about restricting upgrades, it's that if AC can change this feature of a product after sale, they could change other features when it suits them - change fees and conditions, AP miles earned, even which airports are included.

If you can't trust in the stability of the pass product, there's no sense in buying it.
Bad choice of wording on my part. Yes, they're features or aspects of the product. If one wanted to know "what do I get for buying this?" those would be on the list.
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Old Oct 26, 2007, 8:23 am
  #119  
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This is obviously AC's celebrated new "loyalty" model.
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Old Oct 26, 2007, 8:54 am
  #120  
 
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Although I understand that everyone is understandably angry over the changes to the existing terms w/o notice I don't think the upgrade policy is going to change. Would really be interested in the original terms, as technically the seats are still coming from J class and it is subject to availability; however, they've just added an artificial and new constraint.

As it is a change, I think the most fair solution is that if you are no longer satisfied with the terms of the product, you should all be eligible for a full refund on remaining credits.

If Air Canada does not honor that request then I agree that a law suit is in order; however, I don't think any legal action is warranted until they have refused to release you from the contract.

I also assume those of you who are so angry and planning to sue will not be buying any further passes understanding the new terms, or you are implicitly saying that you value the passes even with the changed terms, certainly detracts from your claims of damage.
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