If you are denied boarding or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.
Si l’embarquement vous est refusé ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.
To ensure our passengers know their rights, we have included summaries about the terms and conditions of carriage in certain scenarios. If you have any questions, please do not hesitate to contact us.
It is important that passengers and airlines understand the different categories of flight disruption included in the Air Passenger Protection Regulations, because they determine what obligations airlines have towards passengers affected by flight disruptions. These apply to flights to, from and within Canada (including connecting flights). In particular, it explains that the causes of flight disruption fall into three categories:
- situations within the Carrier’s control;
- situations within the Carrier’s control but required for safety; and
- situations outside the Carrier’s control.
In all cases Flair will communicate:
(a) the reason for the delay, cancellation or denial of boarding;
(b) the compensation to which the passenger may be entitled to for the inconvenience;
(c) the standard of treatment for passengers, if any; and
(d) the recourse available against the Carrier, including their recourse to the Canadian Transportation Agency.
Note: Flair meets the definition of a Small Carrier under the APPR.
within the Carrier’s control
If a flight delay, cancellation or denied boarding event occurs the is within the control of the Carrier or within the Control of the Carrier for Safety, and occurs less than 12 hours before the departure time on the additional ticket, in addition to the communication requirements, the Carrier will provide passengers with the following treatment free of charge:
(a) food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and
(b) access to a means of communication (This requirement does not include the obligation to provide complimentary access to the internet, though this may be part of the communications provision)
If the Carrier expects that the passenger will be required to wait overnight for a flight reserved as part of alternate travel arrangements, the Carrier must offer, free of charge, hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport or transportation to and from their residence.
The Carrier may limit or refuse to provide a standard of treatment with respect to food, drink, communication or accommodation if providing that treatment would further delay the passenger.
The Carrier will also provide a confirmed reservation for the next available flight that is operated by the original Carrier and is travelling on any reasonable air route from the same airport to the destination that is indicated on the passenger’s original ticket. Alternatively, if the passenger is no longer at the point of origin that is indicated on the ticket and the travel no longer serves a purpose because of the delay, cancellation or denial of boarding, the Carrier will refund the ticket and provide the passenger with a confirmed reservation that is for a flight to that point of origin, and accommodates the passenger’s travel needs In any other case, refund the unused portion of the ticket.
To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket and will refund the cost of any additional services purchased by a passenger in connection with their original ticket if the passenger did not receive those services on the alternate flight; or the passenger paid for those services a second time.
If the alternative travel arrangements provide for a higher class of service than the original ticket, the Carrier must not request any additional payment. If the alternative travel arrangements provide for a lower class of service than the original ticket, the Carrier will refund the difference in the cost of the applicable portion of the ticket.
Refunds under this section must be paid by the method used for the original payment and to the person who purchased the ticket or additional service.
If a denied boarding event occurs that is within the control of the Carrier or within the Control of the Carrier for Safety, the Carrier will provide the same access to communication and standard of care, including possible accommodation if the situation requires it. No passenger will be denied boarding until the Carrier has asked for other passengers to voluntarily willing to give up their seat in exchange for a confirmed benefit, made in writing.
outside the Carrier’s Control
If one of these events occurs, its impact is deemed outside of the Carrier’s control:
(a) war or political instability;
(b) illegal acts or sabotage;
(c) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;
(d) instructions from air traffic control;
(e) a NOTAM, as defined in subsection 101.01(1) of the Canadian Aviation Regulations;
(f) a security threat;
(g) airport operation issues;
(h) a medical emergency;
(i) a collision with wildlife;
(j) a labour disruption within the Carrier or within an essential service provider such as an airport or an air navigation service provider;
(k) a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority; and
(l) an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.
The Carrier will (in addition to the communication requirements), if the delay is over 3 hours long, or the event is a cancellation or denied boarding, provide a confirmed reservation for the next available flight that is operated by the original Carrier and is travelling on any reasonable air route from the same airport to the destination that is indicated on the passenger’s original ticket.
Note: Flair meets the definition of a Small Carrier under the APPR.
Compensation is possible under the following circumstances:
If a delay is within Carrier control, and not for reasons of safety, and the passenger is informed 14 days or less before the original departure time of the flight, the following minimum compensation may apply:
(i) $125, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,
(ii) $250, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or
(iii) $500, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.
If a cancellation is within Carrier control, and not for reasons of safety, and the passenger is informed 14 days or less before the original departure time of the flight, the minimum compensation of $125 may apply.
If a denied boarding is within Carrier control, and not for reasons of safety, the following minimum compensation may apply:
(a) $900, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by less than six hours;
(b) $1,800, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours; and
(c) $2,400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.
The Carrier will provide compensation to the passenger as soon as it is operationally feasible, but no later than 48 hours after the time of the denial of boarding.
If the compensation is paid before the arrival of the flight reserved as part of alternate travel arrangements at the destination that is indicated on their ticket, that compensation is determined based on the flight’s expected arrival. If it is not possible to provide the compensation before the boarding time of the flight reserved as part of alternate travel arrangements, the Carrier must provide the passenger with a written confirmation of the amount of the compensation that is owed. If the arrival of the passenger’s flight at the destination that is indicated on their original ticket is after the time it was expected to arrive when the compensation was paid or confirmed in writing and the amount that was paid or confirmed no longer reflects the amount due in accordance with subsection (a), (b) or (c), the Carrier will adjust the amount of the compensation accordingly.
lost or damaged baggage
If a Carrier admits to the loss of baggage (the delayed return of baggage to the passenger), or if baggage is lost for more than 21 days or is damaged, the Carrier must provide compensation equal to or greater than the sum of:
(a) the fees paid for that baggage,
(b) the value of the baggage and its contents; and/or
(c) the interim expenses of the passenger
Interim expenses are considered items required by the passenger for the purpose of the travel taken. When replacing items, passengers are also reminded they are required to limit their loss, as most baggage is returned to the passenger.
The maximum liability of the Carrier is 1,288 SDR (Special Drawing Rights) per passenger, which is approximately $2,325 Canadian Dollars. The Carrier does not provide an option to insure for higher values; passengers wishing to do so should contact an independent insurance agent.
When a tarmac delay occurs, we must provide affected passengers access to communication (if feasible), reasonable quantities of food and drink (non-alcoholic), access to working lavatories and adequate heating, cooling and ventilation.
If a passenger requires medical assistance, the Carrier will assist in obtaining medical assistance.
With some exceptions, once an aircraft is delayed on the tarmac at an airport in Canada for more than three hours, the airline must let passengers disembark. We will allow passengers with disabilities leave the aircraft first if they wish, along with their support persons, service animals, or emotional support animals. Passengers with disabilities will be consulted to determine whether they would like to disembark first.
Airlines are not required to let passengers disembark at the three-hour mark if takeoff is imminent and they can meet all required standards of treatment previously listed until take-off.
“Takeoff is imminent” means it is the reasonable opinion of the pilot in command that takeoff will occur no later than 3 hours and 45 minutes after the start of the tarmac delay (i.e., when aircraft doors were closed).
Airlines are also not required to provide passengers the opportunity to disembark if they are prevented by reasons beyond their control (e.g., safety, security, air traffic control, availability of a deplaning method (gates or stairs), availability of a safe area to deplane to or for customs reasons).
children under the age of 14
For the seating of children under age 14, we will attempt to assign a seat before check-in to the child that is close to their parent, guardian or tutor. If no seats are available, we will assign seats at the time of check-in, or ask for volunteers to change seats at the time of boarding, or ask for volunteers to change seats prior to take-off, all at no additional charge.
- For children four (4) and younger, we will attempt to assign a seat adjacent to their parent, guardian or tutor.
- For children between 5 and 11, we will attempt to assign a seat in the same row as their parent, guardian or tutor, with no more than one seat separation.
- For children aged 12 or 13, we will attempt to assign a seat in a row that is separated by no more than one row from their parent, guardian or tutor.
The Carrier will not force another passenger to change seats or leave the flight to seat a child and accompanying passenger together.
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- Should a flight be diverted to an alternate airport, Flair will proceed to the original intended destination once the situation has been resolved and the flight has been authorized to proceed.
- Diversion airports are selected in order of safety & suitability, as well as trying to provide a minimum of disruption & inconvenience and the maximum support to passengers
- In some cases, alternates outside of Canada are selected. In these instances, the laws of these countries may supersede those in Canada
- Flair accepts no liability for passengers who may be detained with the exception of a refund of the unused portion of the ticket.