During the current Covid-19 pandemic, airlines have experienced severe drops in bookings, and some passengers have had difficulty getting refunds. The complaint for this class action adds another wrinkle to the problem. It alleges not only that Air Canada has cancelled flights, but that many flights that have not actually been cancelled have nevertheless been “effectively cancelled” because the Canadian government will not permit passengers’ entry.
The class for this action is all persons in the US who bought Air Canada, Air Canada Rouge or Air Canada Express tickets and who were not given a full refund for cancelled or effectively cancelled flights that were to operate within, from, or to the US, between March 1, 2020 and the date of class certification in this case. A subclass has also been defined, for those who bought the tickets in California.
As to Air Canada, the complaint claims, it said it would “gradually suspend the majority of its international and U.S. transborder flights by March 31, 2020” but would “continue to serve a small number of international and U.S. trans-border destinations from select Canadian cities after April 1, 2020.”
Later on, the complaint alleges, Air Canada announced, “The Government of Canada has restricted non-essential travel of foreign nationals across its border. Foreign nationals wishing to enter Canada by air for optional, non-essential or discretionary purposes will not be permitted…”
This, the complaint claims, “effectively cancels” flights for certain passengers: While the flights will take off as schedule, the governmental restrictions “prevent[] Air Canada from boarding those passengers on flights to Canada (and other countries) and [make] it impossible for the travelers to cross the border.”
According to the complaint, before the coronavirus, Air Canada gave passengers of cancelled flights full refunds. But now, the company has apparently changed its policies: It now offers passengers only vouchers, the complaint says, “even if the purpose for the trip has ended, and even if the individuals have no intention of flying to a destination serviced by Air Canada in the near future.” This, the complaint says, “breaches its Terms and Conditions for its contracts of carriage which promise that it will refund customers the full value of their ticket, upon request, for flights cancelled by Air Canada, … including if the cancellation was “required for safety purposes.”
The US Department of Transportation issued an Enforcement Notice on April 3, 2020, reminding airlines that they must refund tickets for flights cancelled because of the coronavirus.
The complaint reproduces many online postings from customers to whom Air Canada did not give refunds.
The counts include breach of contract, conversion, money had and received, and violations of California state laws, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Air Canada No Refunds for People Denied Entry Complaint
October 23, 2020
During the current Covid-19 pandemic, airlines have experienced severe drops in bookings, and some passengers have had difficulty getting refunds. The complaint for this class action adds another wrinkle to the problem. It alleges not only that Air Canada has cancelled flights, but that many flights that have not actually been cancelled have nevertheless been “effectively cancelled” because the Canadian government will not permit passengers’ entry.
Air Canada No Refunds for People Denied Entry ComplaintCase Event History
Air Canada No Refunds for People Denied Entry Complaint
October 23, 2020
During the current Covid-19 pandemic, airlines have experienced severe drops in bookings, and some passengers have had difficulty getting refunds. The complaint for this class action adds another wrinkle to the problem. It alleges not only that Air Canada has cancelled flights, but that many flights that have not actually been cancelled have nevertheless been “effectively cancelled” because the Canadian government will not permit passengers’ entry.
Air Canada No Refunds for People Denied Entry Complaint