Option consommateurs c. British Airways and Virgin Atlantic Airways (fuel prices)

Download the opinion approved by the Superior Court, published on December 09, 2017.

Description

In May 2004, in response to rising fuel costs, both carriers introduced a new component to their passenger fares: the fuel surcharge. Despite its name, this surcharge is not a tax, royalty or fee imposed by any government authority or third party. It is a sum collected by British Airways and Virgin Atlantic Airways in addition to the price of the ticket.

The two carriers admitted to having consulted on several occasions to set the fuel surcharge price, between August 2004 and February 2006 inclusive. Under the impact of the cartel, the surcharge price rose from around $6 in August 2004 to $60 in February 2006. An increase of nearly 1000% in the space of a year and a half.

Option consommateurs believes that the cartel set up by the two carriers had the effect of artificially inflating the price of tickets purchased by group members. The main purpose of the class action is to obtain reimbursement of the portion of the fuel surcharge overpaid by class members.

Our members

You are a member of this class action if, between August 2004 and February 2006, you purchased a ticket in Quebec for a British Airways or Virgin Atlantic Airways scheduled long-haul flight originating or terminating in Quebec.

If you are a member of the group, please fill in this form and keep your proof of purchase.

Where we are

Virgin Atlantic

On July 12, 2012, Quebec Superior Court Judge Daniel W. Payette approved a settlement reached between Option consommateurs and Virgin Atlantic Airways. Virgin agreed to pay $200,000 to settle the no-fault claim. The Court will determine at a later date whether the balance will be distributed to class members or to an organization whose mission is to protect their interests. New notices will be published when the time comes to proceed with the distribution of this sum, if applicable.

British Airways

The lawsuit is still pending against British Airways. Option consommateurs is asking British Airways to reimburse the portion of the fuel surcharge that buyers have allegedly overpaid, and is also claiming reimbursement of its investigation costs.

Option consommateurs is represented by the law firm Belleau Lapointe

Opinion of May 3, 2012
See the judgment of July 12, 2012.