Air Canada Canceled Flight - REFUND

[DisneyDad64]

Has anyone been successful in getting a refund from Air Canada? Our flight was canceled and the only option was a credit - which we will most likely not use. They are not following the DOT rule. I have filed a complaint with the DOT.
Today would have been the start of our Alaska Cruise.

 

[yowcruiser]

There is an attempt for a class action lawsuit in the US right now to get refunds rather than credit. Not sure whether is it DOT or Transport Canada rules that apply in this case but according to TC, Canadian airlines are entitled to issue a credit rather than a refund as per their each airlines condition of carriage and specific clauses having to do with "exceptional circumstances". Now, there are some civil action against airlines on this within Canada as well but as of now, they have the backing of the government... what the courts will say, and who ultimately has jurisdiction in the USA, I am no legal expert so will leave this to others.

An article for your review

 

[TRTRguy]

I do t think the DOT has any jurisdiction over Air Canada.

 

[_auroraborealis_]

I do t think the DOT has any jurisdiction over Air Canada.

They do for flights originating or landing at a US airport. International carriers often have to comply with multiple sets of rules.

You can't just land your 747 at Newark and say "welp, we're Canadian."

 

[TRTRguy]

They do for flights originating or landing at a US airport. International carriers often have to comply with multiple sets of rules.

You can't just land your 747 at Newark and say "welp, we're Canadian."

But the flight hasn't landed at a us airport it was canceled.

 

[_auroraborealis_]

But the flight hasn't landed at a us airport it was canceled.

My point is to have rights to use US airspace and purchase gate time at US airports they have to follow certain rulesetts, and those include commerce clauses. Such as "when you cancel the flight, you must do X if the passenger is a US citizen."

 

[yowcruiser]

Air Canada does have to abide to DOT regulation such as Tarmac delays and general compensation schemes for flights delayed or cancelled on the day of travel. This much I know as all carriers leaving the US are bound by such rules. This notice posted by the DOT on COVID-19 seem to suggest that foreign airlines would be subject to the policy...

 

[DisneyDad64]

Yes that is how I understand it as well. Our flight was originating in the US. The US leg was canceled.

 

[yowcruiser]

Air Canada has just revised its goodwill policy and it will apply to previously cancelled flights, and to individuals having already received the "limited time" voucher. Refunds will not be provided but, the new voucher has no expiry date and is transferable. Also, one can redeem the value for transfer to Aeroplan miles at a significant discount vs current rates to buy miles. I know this still fall short of the US DOT policy which say a refund may be an option - but this is the latest update

 

[Wakey]

I’m in the UK. Air Canada cancelled my flights and put me on a flight from an airport hundreds of miles from me.
Here in Europe we have Regulation 261/2004 which means they have to process a refund in 7 days.
I rang them up (this was a month ago, I had $5000 of flights) and asked for my refund.
They told me in no uncertain terms they were ignoring EU Regs.
I explained our contract was wrapped by the Regs and they are now in breach.
The operator almost sneeringly told me someone in Canada had tried to sue them but failed. I am not sure that’s even true, but I said I’m not in Canada and have no regard to the law there. I told them I’d go the chargeback / S75 Consumer Credit Act route ( S75 makes the credit card lender equally liable for breach of contract, they don’t want that so they nearly always do a chargeback and take it off the merchant) or alternatively sue them in UK small claims, where I’d undoubtedly win.
They told me to do what I want. There’s been no attempt to engage or even be nice, just passive aggressive.
So I put in the dispute with the credit card company AMEX who credited it all back. As I say the law is quite clear and Air Canada are clearly and irrefutably in breach and do not have a leg to stand on. So I got my money back anyway, and I imagine they’ll still be paying the fees to AMEX.
They were happy to do business here in the UK knowing what the law was, now act illegally by blatantly saying they will not comply with the law.
Terrible attitude and awful customer service, myself and many others will never use them again.

 

[yowcruiser]

I’m in the UK. Air Canada cancelled my flights and put me on a flight from an airport hundreds of miles from me.
Here in Europe we have Regulation 261/2004 which means they have to process a refund in 7 days.
I rang them up (this was a month ago, I had $5000 of flights) and asked for my refund.
They told me in no uncertain terms they were ignoring EU Regs.
I explained our contract was wrapped by the Regs and they are now in breach.
The operator almost sneeringly told me someone in Canada had tried to sue them but failed. I am not sure that’s even true, but I said I’m not in Canada and have no regard to the law there. I told them I’d go the chargeback / S75 Consumer Credit Act route ( S75 makes the credit card lender equally liable for breach of contract, they don’t want that so they nearly always do a chargeback and take it off the merchant) or alternatively sue them in UK small claims, where I’d undoubtedly win.
They told me to do what I want. There’s been no attempt to engage or even be nice, just passive aggressive.
So I put in the dispute with the credit card company AMEX who credited it all back. As I say the law is quite clear and Air Canada are clearly and irrefutably in breach and do not have a leg to stand on. So I got my money back anyway, and I imagine they’ll still be paying the fees to AMEX.
They were happy to do business here in the UK knowing what the law was, now act illegally by blatantly saying they will not comply with the law.
Terrible attitude and awful customer service, myself and many others will never use them again.

Are you sure that 261/2004 applies here? Up until a week ago, Air France and KLM... two very European airlines were not offering refunds for cancelled flights. They have very recently adjusted their policy but no mention anywhere that they "had to do so due to regulations" but more like goodwill or "indirect government pressure"...

 

[Wakey]

Are you sure that 261/2004 applies here? Up until a week ago, Air France and KLM... two very European airlines were not offering refunds for cancelled flights. They have very recently adjusted their policy but no mention anywhere that they "had to do so due to regulations" but more like goodwill or "indirect government pressure"...

100% it does. If a flight is cancelled refund has to be issued in 7 days. Those two were ignoring it.
Only if you are booking in Europe though I think (I cant offer opinion on jurisdictions outside UK).