August 10, 2022 –SAINT JOHN, NB

The Canadian Transportation Agency provides the following guidance for air travelers who may experience flight delays, cancellations, and missing baggage.

Your flight is delayed or cancelled. What should you do?

Be aware that delays and cancellations are often complex. What happened and what you are entitled to can sometimes only be confirmed after your travel journey is over, after contacting the airline, or after making a complaint to the Agency. In the meantime, here are tips on what you should do:

•Check your airline’s website for notifications, register for text alerts with your airline to stay informed

•Take note of what the airline says caused the delay or cancellation or ask the airline's representative. Ask them whether the delay or cancellation is: within the airline's control within the airline's control but required for safety, or outside the airline's control.

•Ask the airline's representative to what you are entitled. This could include: rebooking or a refund, assistance (food and drinks, access to means of communication and hotel or other accommodation and transportation to/from), and compensation for your inconvenience.

•Keep the paper or electronic copies of your ticket and of any notifications from the airline. If you purchase goods or services (e.g. meals, hotel accommodation, taxis, etc.), keep all your receipts. You may be entitled to reimbursement of expenses if the airline has failed to meet its obligations.

•Keep track of how much time has passed since the departure time on your original ticket and take note of what time you arrive at your destination.

If you believe you did not receive what you are entitled to, make a complaint in writing to the airline as soon as possible. If you arrive late at your destination by 3 hours or more and believe the flight disruption was within the airline's control (NOT within the airline’s control but required for safety, make a request for compensation in writing to the airline as soon as possible, and within 1 year of the delay or cancellation. Remember that the airline has 30 days to respond.

If you are not satisfied with the airline's response to your complaint or request for compensation, or have not received a response within 30 days, you can make a complaint with the CTA. Visit: https://rppa-appr.ca/eng/air-travel-complaints

Your rights

When an airline delays or cancels a flight, what you are entitled to depends on the level of control that the airline has over the reason for the delay or cancellation. The situation can either be within the airline's control, within the airline's control but required for safety, or outside the airline's control.

Communication

In all situations, the airline must give you information about:

•Why your flight was delayed/cancelled

•What assistance they must give you if any

•Whether you may be entitled to compensation for your inconvenience

•What recourse is available to you, including your recourse to the Canadian Transportation Agency (CTA).

Any new information must be communicated by the airline as soon as possible. During a delay, the airline must provide regular flight status updates every 30 minutes until a new departure time has been confirmed.

Assistance

The airline must provide assistance, if:

•The flight is delayed for 3 hours or more or is cancelled;

•The flight disruption is within the airline's control, or within the airline's control but required for safety; •You have waited at the airport for 2 hours or more after the departure time on your original ticket.

Assistance includes:

•Food and drinks in reasonable quantities

•Access to means of communication, like Wi-Fi or a telephone

•Hotel or other accommodation, and transportation to/from the hotel or other accommodation, IF the delay or cancellation requires you to wait overnight.

Rebooking

In all situations, the airline must rebook you on another flight if your original flight is delayed for 3 hours or more or is cancelled. The details of the new flight depend on the reason for the delay or cancellation and the size of the airline.

Refund

You may be entitled to a full or partial refund if:

•Your flight is delayed for 3 hours or more or is cancelled

•The delay/cancellation is within the airline's control but required for safety; and, you didn't accept the new flight offered by the airline because it doesn't meet your travel needs OR because your travel no longer serves a purpose because of the delay or cancellation

•The airline is not required to provide refunds if the delay or cancellation was outside its control.

Compensation for Inconvenience

The airline must pay you compensation for your inconvenience if:

•Your flight was delayed for 3 hours or more or was cancelled

•The flight disruption is fully within the airline's control (NOT within the airline's control but required for safety)

•You were informed of the delay or cancellation 14 days or less before the departure time on your original ticket

•You arrived late at your destination by 3 hours or more

•You made a request for compensation to the airline within 1 year of the delay or cancellation.

The amount of compensation owed depends on how late you arrived at destination and on the size of the airline. You may be eligible to receive compensation even if your flight was refunded by the airline.

The airline may offer you a travel credit instead of cash, but only if certain conditions are met by the airline. It is entirely up to you to accept travel credit or not.

The airline will not pay the compensation immediately. They will only do so after they receive your request and if they determine that the flight disruption was fully within its control. The airline has 30 days to respond to your request.

The airline is not required to pay compensation if the flight disruption is within its control but required for safety or outside its control.

For more information about flight delays and cancellations, review Flight Delays and Cancellations: A Guide at https://otc-cta.gc.ca/eng/publication/flight-delays-and-cancellations-a-guide

Your baggage is lost, damaged, or delayed. What should you do?

From the start of your trip, you should:

•Make a list of items in your baggage

•Keep handy your baggage ticket and details

•Be able to provide a detailed description of your baggage (you may even want to take a picture of your baggage if you have a mobile phone).

If your baggage has been lost, damaged, or delayed, you should:

•Check with airline representatives in the baggage claim area

•Prepare a description of your baggage and its contents

•File a written claim with your airline within the required time limits, and ask the airline what they are doing to get your baggage to you as soon as possible

•Ask the airline what expenses they will cover to help you in your situation

•Keep your receipts for any expenses that you must pay to temporarily (or permanently) replace the items that were in your baggage.

If you are not satisfied with the airline's response to your claim, or you haven’t received a response within 30 days, you can make a complaint with the Canadian Transportation Agency at: https://rppa-appr.ca/eng/air-travel-complaints

Filing a claim

If your baggage has been lost, damaged, or delayed, you must submit a claim to your airline in writing within:

•7 days after receiving damaged baggage

•21 days after receiving your baggage that has been delayed

•Or as soon as possible if your baggage has been delayed for 21 days or more (considered lost).If you don't submit a claim within these time limits, the airline could deny your claim.

Your rights

The airline must refund any fees you had to pay for baggage services if your baggage has been lost, damaged, or delayed. These could include:

•Standard baggage fees

•Fees for extra baggage

•Fees for oversized and/or overweight baggage.

If your baggage is lost or damaged while in the airline's control, the airline must compensate you up to $2300 to replace items that were lost or damaged. The airline does not have to compensate you if the damage resulted from the quality of your baggage.

If your baggage is delayed, the airline must compensate you up to $2300 for items you may need until your baggage is returned to you. The airline does not have to compensate you if it took all reasonable measures to avoid the issue or if it was impossible for them to take these measures.

You may have to explain why the expenses you are claiming were reasonable in your situation. For example, $500 to replace $20 running shoes would not be considered reasonable.

You will likely have to provide receipts for the replacement items. Make sure you keep them.

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About CAA

The Canadian Automobile Association (CAA) is a federation of eight Clubs providing more than six million Members with roadside assistance, Member Rewards and comprehensive automotive and travel services. CAA also advocates on issues of concern to its Members, including road safety, the environment, mobility, infrastructure, and consumer protection.

For more information contact:

Julia Kent

Director, Social Responsibility & Advocacy

902-402-8800
jkent@atlantic.caa.ca