Consumers who purchased tickets with Air Canada can now obtain a refund for travel cancelled due to the COVID-19 pandemic.
If you dealt with a travel agency, you must contact them to obtain your refund. Otherwise, you can file a claim via the Air Canada website.
We also invite you to consult the Frequently Asked Questions on the Air Canada website if you have any questions about how to proceed.
The deadline for filing a claim is July 12, 2021. Don't delay!
Consumers who had to travel with Air Transat can also obtain a refund for travel cancelled due to the COVID-19 pandemic.
If you dealt with a travel agency, you must contact them to obtain your refund. Otherwise, you can file a claim via the Air Transat website.
We also invite you to consult the Frequently Asked Questions on the Air Transat website if you have any questions about how to proceed.
The deadline for filing a claim is August 26, 2021. Don't delay!
Consumers who had to travel with Sunwing can also obtain a refund for trips cancelled due to the COVID-19 pandemic.
If you dealt with a travel agency, you must contact them to obtain your refund. Otherwise, you can file a claim via the Sunwing website.
We also invite you to consult the Frequently Asked Questions on the Sunwing website if you have any questions about how to proceed.
The deadline for submitting a claim is August 27, 2021 at 11:59 p.m. EST.
If you are having difficulty obtaining a refund or have noted problems that you would like to bring to our attention, you can write to us at [email protected].
If you have dealt with another airline or have not been reimbursed for your entire trip, you can try one of the following recourses:
If the traveler has used a travel agency, he or she must first contact the agency to find out about refund options.
If the travel agency refuses to reimburse and a Canadian government warning is still in effect 72 hours or less before departure, the Fonds d'indemnisation des clients des agents de voyages (FICAV) may be able to help. Click here to find out how to apply for compensation from FICAV.
The Fonds d'indemnisation des clients des agents de voyages is a financial protection program offered automatically and free of charge to anyone who has done business with a travel agency licensed by the Office de la protection du consommateur.
FICAV recently announced that the redemption process will begin in September.
If a consumer has purchased trip cancellation insurance, whether through an insurance company, credit card issuer or travel agency, he or she can turn to his or her insurer for compensation.
If a consumer has purchased a flight over the Internet or by telephone, paid with a credit card and the airline refuses to reimburse him or her, it is possible to submit a chargeback request to the credit card issuer. Click here to find out about the various steps and deadlines involved.
If none of the situations listed above applies to the consumer, and the airline offers a travel credit for a cancelled flight, it is possible, in some cases, to demand a refund.
First of all, there's nothing to prevent the customer from accepting a travel credit if it suits him or her. However, before accepting such a credit, it is essential to check the terms and conditions associated with it. For example, what is the validity period of the credit; is the credit transferable to another person; does it have to be used only for the same destination; and so on.
If the customer prefers a refund and the airline refuses, a complaint can be filed with the Canadian Transportation Agency (CTA). The CTA will determine whether the airline has respected the conditions of its tariff, as well as its obligations under the Air Passenger Protection Regulations (better known as the "Travellers' Charter"). Click here for more information on appealing to the CTA.
If you feel that the airline has breached its legal or contractual obligations, you can also take legal action in the civil courts. In principle, the first step is to send a formal notice to the airline. The Small Claims Division of the Court of Quebec has jurisdiction to hear civil claims of $15,000 or less, not including interest. Click here for more details.
If none of the situations listed above applies to the consumer, and the airline offers a travel credit for a cancelled flight, it is possible, in some cases, to demand a refund.
First of all, there's nothing to prevent the customer from accepting a travel credit if it suits him or her. However, before accepting such a credit, it is essential to check the terms and conditions associated with it. For example, what is the validity period of the credit; is the credit transferable to another person; does it have to be used only for the same destination; and so on.
If the customer prefers a refund and the airline refuses, a complaint can be filed with the Canadian Transportation Agency (CTA). The CTA will determine whether the airline has respected the conditions of its tariff, as well as its obligations under the Air Passenger Protection Regulations (better known as the "Travellers' Charter"). Click here for more information on appealing to the CTA.
If you feel that the airline has breached its legal or contractual obligations, you can also take legal action in the civil courts. In principle, the first step is to send a formal notice to the airline. The Small Claims Division of the Court of Quebec has jurisdiction to hear civil claims of $15,000 or less, not including interest. Click here for more details.
It should be noted, however, that three (3) applications forclass action (formerly known as class action suits) are currently awaiting authorization against five (5) airlines and four (4) travel agencies, to which consumers can become ex-officio members.
You can visit the websites of the firms responsible: Perrier Avocats and Donati Maisonneuve for theclass action filed with the Quebec Superior Court; Evolink Law Group and Champlain Avocats for the one filed with the Federal Court and BGA Avocats for the one also filed with the Quebec Superior Court.
If this document does not answer all your questions, please do not hesitate to contact us at 514-598-7288 or [email protected].
* Please note thatOption consommateurs does not provide legal advice, so you may wish to consult a lawyer about your particular situation.
*PLEASE NOTE THAT THESE RECOURSES ARE INTENDED FOR QUEBEC CONSUMERS, AS THE RULES VARY FROM PROVINCE TO PROVINCE. IF YOU ARE A CANADIAN CONSUMER OUTSIDE QUEBEC, YOU WILL FIND BELOW A LIST OF ORGANIZATIONS TO CONTACT TO GUIDE YOU IN YOUR RECOURSE. THANK YOU.
For consumers outside Quebec, here is a list of organizations that may be able to help:
