Air Canada strike: Passengers have questions over extra expenses. This expert has answers

Air Passenger Rights President Gabor Lukacs on how passengers impacted by the Air Canada strike can seek restitution from the company.

After the work stoppage grounded flights for three days, Air Canada and the union representing more than 10,000 flight attendants reached a tentative deal Tuesday.

The country’s biggest airline and its union were negotiating a new contract, with sticking points including unpaid work and wages.

The Air Canada strike has affected hundreds of thousands of customers, with travellers saying they have more questions than answers about what to do with their flights and expenses.

Now with Air Canada flights starting to take off again Tuesday afternoon, CTVNews.ca is providing answers addressing passengers’ concerns.

Can Canadian passengers be reimbursed for hotels, excursions, lost wages and other costs related to the strike?

The airline is obligated under Canada’s Air Passenger Protection Regulations (APPR) to offer customers an alternative flight, no matter the cost, or a refund because of the strike, according to Gabor Lukacs, president of Air Passenger Rights.

Air Canada has created a form on its website offering refund assistance for passengers affected by the flight attendants’ strike.

It said people can fill out the form if they booked directly with Air Canada, noting the ticket must start with the numbers 014, and if they only completed part of their trip with Air Canada, or need reimbursement for an alternative method of transportation.

Those who booked their flight through Aeroplan, a travel agent, online travel agency, or another airline should not use the form, it added.

Lukacs said passengers travelling internationally may get more money back through the Montreal Convention if a strike disrupts their trip. In this case, the airline must reimburse travellers for extra costs, such as additional nights in hotels, meals, as well as missed pre-paid cruises and other excursions.

Exceptions would be the few countries who didn’t sign the Montreal Convention, he said.

Each passenger could be reimbursed for up to $12,500 under the convention if the individual is able to prove losses or damage. But Lukacs said if the passenger can prove that the airline acted with “willful misconduct,” then there’s no limit.

On top of that, he said EU regulations also require the airline to provide each passenger with lump sum compensation in the event of a strike for up to 600 euros, or 520 British pounds, if the person is flying back from the U.K. to Canada.

But travellers won’t get their money back for such expenses if they were travelling entirely within Canada, because the country’s Air Passenger Protection Regulations (APPR) won’t cover those cases, Lukacs said in a video interview with CTVNews.ca on Tuesday.

However, if the passenger is coming back from the U.S. and has a connecting flight at another Canadian destination, the person’s accommodation and meals at the connecting destination would be reimbursable.

Still, Lukacs said to expect pushback from the airline.

“Don’t expect the law to be like a magic wand,” he said.

Is it better to wait for Air Canada to find an alternative flight or should passengers rebook flights themselves?

Lukacs recommended giving the airline about three hours to rebook the flight from the time the passenger receives a cancellation notice.

“After three hours, I would buy myself a ticket and make Air Canada pay for it later,” he said. “Don’t negotiate. These are not your neighbours.”

He advised customers not to take their complaints to the Canadian Transportation Agency. Instead, he recommended that they send the bill and copy of the receipt to Air Canada’s chief legal officer with a short, professional letter or email, excluding any emotions, about the situation, and demand payment within 30 days. If the airline refuses to pay, he added that passengers can take the airline to small claims court, which he said is not a complex process and people can represent themselves instead of hiring lawyers.

Are passengers eligible for reimbursement if Air Canada told them no flights were available, but they rebooked their own flights at a much higher cost?

Lukacs said Air Canada will have to reimburse passengers, regardless of whether the tickets are refundable, if it told them no alternate flights were available, and the passengers found other flights and rebooked themselves.

Under the APPR, Lukacs said airlines are obligated to rebook the passenger, including on competitor airlines, no matter the cost.

“Air Canada failed that duty, and the best evidence of Air Canada’s failure is the passenger’s new ticket,” he said. “Air Canada says we have no flights for you, yet lo and behold, when a passenger went out, they were able to find a flight for themselves.

“So in those type of situations, because Air Canada broke a clear obligation of the APPR, Air Canada will have to pay for those expenses,” he continued.

If the passenger accepts a refund, the airline must offer it in the original form of payment, not vouchers, he added.

What can customers do about their flights if they booked with Expedia or another third party?

Lukacs recommended customers call Air Canada directly if they bought their airfare with another party such as travel site Expedia.

In this case, he said the onus is still on Air Canada under the APPR to refund customers or book an alternative flight.

“It makes no difference,” he said. “The obligations set out in the APPR are on the operating carrier … not on Expedia.”

He recommended customers record their phone conversations with any company involved in the dispute, which he said does not require its permission, and let the company know that they know their rights under APPR.

If passengers’ rights under the APPR are infringed, he said they can even include Expedia or another firm in a lawsuit.

“So Air Canada cannot blame Expedia,” he said. “Expedia cannot blame Air Canada. … If Air Canada is stonewalling you, then you just go and buy yourself a ticket and a competitor and then deal with the fallout afterwards and make them pay for it afterwards.”

How much do Air Canada flight attendants make?

The Air Canada Component of the Canadian Union of Public Employees (CUPE) said it was asking the company to end “forced unpaid labour” affecting some duties, and offer a “fair cost-of-living” wage increase.

The union said Air Canada flight attendants don’t get paid their regular hourly wage for “ground” work, such as during boarding, deplaning, critical pre-flight safety checks, delays, or when they help passengers with special needs and prepare the cabin.

“Flight attendants are not paid for a significant portion of their time on the job,” according to the union’s August briefing note.

“This practice persists because flight attendants’ compensation is based on ‘block time’ (takeoff to landing), not from when the employee begins work.”

CUPE spokesperson Hugh Pouliot said some unpaid work is the norm for nearly the entire airline sector.

CUPE said the more than 18,000 flight attendants it represents, including at Air Canada, WestJet and Air Transat, work an average of 35 unpaid hours a month.

The current collective agreement includes increases to hourly rates of pay based on how long an employee has worked at the company.

The agreement states that Air Canada flight attendants’ current pay, as of April 1, 2024, ranges from $30.02 per hour for those with up to one year of service to $63.07 per hour for those who have been with the company for 10 years.

For Air Canada Rouge, the pay ranges from $26.42 for those who have worked up to one year with the company to $41.39 for those in their fifth year of service.

Junior Air Canada flight attendants working full-time, or 75 hours per month, currently earn $1,952 per month before taxes, the union added on its website.

But according to a statement on its website, a worker earning federal minimum wage at $17.75 per hour would earn $2,840 per month pre-taxes.

What is Air Canada offering flight attendants in the proposed deal?

CTV News on Wednesday confirmed some details about the tentative deal between Air Canada and the flight attendants’ union.

Air Canada’s flight attendants have been offered 50 per cent of their salary as “ground pay” for one hour on smaller planes, or narrow body aircraft, and 70 minutes for larger planes, or wide-body aircraft, according to a CUPE representative. The proposed pay would rise every year to 70 per cent by the time the agreement expires in 2029.

Flight attendants would also get a salary increase, though further details have not been confirmed yet.

The union representative said the deal would expire on March 31, 2029.

With files from The Canadian Press