Lana Harrison
Complaint – Air Canada
BEFORE THE DEPARTMENT OF TRANSPORTATION
OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS
WASHINGTON, D.C.
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Lana Harrison, )
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v. ) Docket DOT-OST-2020-____
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Air Canada )
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COMPLAINT OF LANA HARRISON
Comments with respect to this document should be addressed to:
Lana Marie Harrison
28 John Forsyth Road
Winnipeg, MB, Canada.
R2N 1M3
E-mail: [email protected]
Dated: November 21, 2020
Lana Harrison
Complaint – Air Canada
BEFORE THE DEPARTMENT OF TRANSPORTATION
OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS
WASHINGTON, D.C.
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)
Lana Harrison, )
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)
v. ) Docket DOT-OST-2020-____
)
Air Canada )
)
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COMPLAINT OF LANA HARRISON
1. This complaint arises out of Air Canada’s non-compliance with the Department’s
rules regarding consumers’ right to be refunded for flights to or from the United
States (“U.S. Flights”) cancelled by airlines, even for reasons outside the carriers’
control, as described in the Department’s “Enforcement Notice Regarding Refunds by
Carriers Given the Unprecedented Impact of the COVID-19 Public Health
Emergency on Air Travel”
1
(“Enforcement Notice”).
2. This complaint also arises out of Air Canada’s application of its refund policies,
which constitutes an unfair or deceptive practice within the meaning of 49 U.S.C. §
41712
2
. According to 14 CFR § 399.80(1)(l), it is the policy of the Department to
regard as an unfair or deceptive practice or unfair method of competition the practices
1
Enforcement Notice Regarding Refunds by Carriers Given the Unprecedented Impact of the COVID-19 Public
Health Emergency on Air Travel (April 3, 2020) at
https://www.transportation.gov/airconsumer/enforcement_notice_refunds_apr_3_2020.
See also 14 CFR § 259.5(b)(5), and Enhancing Airline Passenger Protections, 76 Fed. Reg. 23110-01, at 23129
(Apr. 25, 2011).
2
Under 49 USC § 41712, the Department is authorized to investigate and decide whether a U.S. air carrier, foreign
air carrier, or ticket agent engaged in an unfair or deceptive practice in air transportation or the sale of air
transportation. The Department is also authorized to issue orders to stop an unfair or deceptive practice after notice
and opportunity for a hearing.
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Complaint – Air Canada
enumerated in paragraphs (a) through (n) of this section by a ticket agent of any size
and the practice enumerated in paragraph(s) by a ticket agent that sells air
transportation online and is not considered a small business under the Small Business
Administration's size standards set forth in 13 CFR 121.201:
(I) Failing or refusing to make proper refunds promptly when service cannot be
performed as contracted or representing that such refunds are obtainable only at
some other point, thus depriving persons of the immediate use of the money to
arrange other transportation, or forcing them to suffer unnecessary inconveniences
and delays or requiring them to accept transportation at higher cost, or under less
desirable circumstances, or on less desirable aircraft than that represented at the
time of sale.
FACTS
A. Flight cancelled by Air Canada
3. On October 4, 2019, I purchased a ticket for a roundtrip flight on Air Canada from
Winnipeg (YWG) with a layover(s) in Chicago to Panama City, Panama (TOC)
departing on September 17, 2020 with a layover(s) in Chicago (Attachment 1). I
booked the flight via Expedia.
4. On January 28, 2020, I learned that my flight was cancelled by Air Canada
(Attachment 2).
5. On , I contacted Air Canada to request a refund for the cancelled flight, but my
request was denied. I was not provided a voucher or a refund.
6. There are no additional person(s) attached to this claim.
B. Air Canada’s refund policy for cancelled flights
7. Air Canada’s current policy is that customers who purchased nonrefundable flight
tickets are not entitled to receive full refunds for flights cancelled or changed by the
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carrier due to reasons outside its control, including cancellations attributed to the
COVID-19 pandemic. Air Canada only offers flight vouchers or credits in such
situations and claims in its United States English website that “in accordance with
government regulations”, that such bookings are ineligible for a refund (Attachments
4 and 5).
C. Air Canada’s obligations
8. Air Canada is an airline that operates flights from and to the United States and is
therefore subject to the Department’s jurisdiction for such flights and bound by the
rules enunciated in the Enforcement Notice, which apply to U.S. and foreign airlines
operating flights from, to and within the United States.
9. In its Enforcement Notice, and based on existing federal regulation, the Department
reminds airlines about their obligation to offer prompt refunds for flights significantly
delayed or cancelled by the carriers, even if the reason of such flight disruptions are
outside the carrier’s control, and regardless of the nonrefundablity or cancellation
penalty provisions of the ticket purchased by the affected consumers.
10. In page 2 of its Enforcement Notice, the Department lists the actions non-complying
airlines must take to avoid enforcement action, as follows:
a. the carrier contacts, in a timely manner, the passengers provided vouchers for
flights that the carrier cancelled or significantly delayed to notify those
passengers that they have the option of a refund;
b. the carrier updates its refund policies and contract of carriage provisions to
make clear that it provides refunds to passengers if the carrier cancels a flight
or makes a significant schedule change;
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c. the carrier reviews with its personnel, including reservationists, ticket counter
agents, refund personnel, and other customer service professionals, the
circumstances under which refunds should be made.
11. On May 12, 2020, the Department issued a notice
3
in the form of answers to
frequently asked questions regarding airline ticket refunds. In the answer to question
4 of the notice, the Department reiterates that airlines may not retroactively apply
changes to their refund policies and must honor the policies in place at the time of
ticket purchase.
D. Air Canada’s non-compliance and violations
12. Air Canada’s policy of not issuing prompt refunds for U.S. Flights that are
significantly delayed or cancelled by the carrier for reasons outside its control, and
regardless of the nonrefundability and cancellation penalty provisions of the
purchased ticket, is in direct violation of its obligation to offer prompt refunds to
affected consumers as per the rules detailed in the Department’s Enforcement Notice.
13. Before March 19, 2020 (Attachments 6), Air Canada’s policies indicated that
consumers can receive refunds for schedule changes and cancellations attributed to
the COVID-19 pandemic. However, and since that date, Air Canada changed its
refund policies for cancellations and schedule changes in a way that negatively affects
consumers by no longer permitting refunds (Attachments 7A, 7B and 8). The new
policy is applied by Air Canada based on the date of the cancellation or schedule
change, and regardless of the policy in place at the time the passenger purchased the
ticket.
3
U.S. Department of Transportation, Office of Aviation Enforcement and Proceedings, Frequently Asked Questions
Regarding Airline Ticket Refunds Given the Unprecedented Impact of the COVID-19 Public Health Emergency on
Air Travel (See answer to question 4: “May airlines and ticket agents retroactively apply new refund policies?”)
https://www.transportation.gov/airconsumer/FAQ_refunds_may_12_2020.
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Complaint – Air Canada
14. The aforementioned no-refund policy is applied by Air Canada regardless of the
policies and terms in place at the time consumers purchased flight tickets, which
stipulate that Air Canada will issue refunds for cancelled flights. Air Canada’s policy
constitutes an unfair or deceptive practice within the meaning of 49 U.S.C. § 41712.
15. According to 14 CFR § 399.80(1)(l), it is the policy of the Department to regard as an
unfair or deceptive practice or unfair method of competition the practices enumerated
in paragraphs (a) through (n) of this section by a ticket agent of any size and the
practice enumerated in paragraph(s) by a ticket agent that sells air transportation
online and is not considered a small business under the Small Business
Administration's size standards set forth in 13 CFR 121.201:
(l) Failing or refusing to make proper refunds promptly when service cannot
be performed as contracted or representing that such refunds are obtainable
only at some other point, thus depriving persons of the immediate use of the
money to arrange other transportation, or forcing them to suffer unnecessary
inconveniences and delays or requiring them to accept transportation at higher
cost, or under less desirable circumstances, or on less desirable aircraft than
that represented at the time of sale.
16. Many airlines are complying with their obligations to refund passengers, especially
after the issuance of the Enforcement Notice on April 3
rd
. These airlines will be in an
unfairly disadvantageous situation if other airlines, such as Air Canada are allowed to
continue practices that violate the same obligations without incurring any penalty.
REQUESTED RESOLUTION
17. I am seeking the airline provide me with an Refund. In addition, I ask that the
Department of Transportation to do the following:
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Complaint – Air Canada
(1) Exercise its authority under 49 USC 41712 to open an investigation of Air Canada
for its non-compliance with the Department’s Enforcement Notice and the
regulations on which the notice is based;
(2) Order Air Canada to comply with its obligation to offer prompt full refunds to
original form of payment for U.S. flights that are significantly delayed or
cancelled by the carrier, regardless of the reason of such flight disturbances and
regardless of the nonrefundabilty or the cancellation penalty of the tickets
purchased by affected customers.
(3) Order Air Canada to:
a. contact, in a timely manner, the passengers provided vouchers for U.S. Flights
significantly delayed or cancelled by the carrier to notify those passengers that
they have the option of a refund;
b. update its refund policies, contract of carriage and tariff provisions to make clear
that it provides prompt refunds to passengers if the carrier cancels a U.S. Flight or
makes a significant schedule change, regardless of the reason of such flight
disruptions and regardless of the nonrefundability or the cancellation penalty
provisions of the tickets purchased by the affected customers;
c. review with its personnel, including reservationists, ticket counter agents, refund
personnel, and other customer service professionals, the circumstances under
which refunds should be made.
(4) Impose appropriate civil penalties on Air Canada.
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Complaint – Air Canada
Respectfully submitted,
Lana Harrison
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Attachment 1
Copy of flight itinerary/eticket receipt
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Attachment 2
Confirmation/notice that a flight in your reservation has been cancelled by the airline.
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Attachment 3
Proof of communication that the Airline denied your request for a refund.
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Additional Attachments
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Audio transcripts of calls to Expedia and UA
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Certificate of Service
I hereby certify that I have, this 21 day of November 2020 a copy of the foregoing Complaint to
be served by electronic mail on the following persons:
Kimberly Graber, Esq. [email protected]
Blane Workie, Esq. [email protected]
Robert Gorman, Esq. [email protected]
Anita Mosner, Esq [email protected]
Lana Harrison
