General Information

 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 plain language summaries about the terms and conditions of carriage in certain scenarios. If you have any questions, please do not hesitate to contact us.

Flight Disruptions

Provisions on flight disruptions can be found in the Canada Transportation Act section 86.11(1) and the Air Passenger Protection Regulations.

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.

While the new Air Passenger Protection Regulations apply new standards to Carriers beginning July 15, 2019, some provisions of the new standards are not in force until December 15, 2019.  In the case of the latter, the existing regulations and tariff will apply until then.

Standards affected by the new Air Passenger Protection Regulations beginning July 15, 2019

DENIAL OF BOARDING

Denial of Boarding for situations within the carrier’s control

When a denial of boarding occurs, we must provide affected passengers with communication of key information, compensation and a standard of care including reasonable quantities of food and drink (non-alcoholic), hotel accommodations, ground transportation to and from the accommodation and access to communication.  We must arrange alternative travel arrangements (re-booking) on Flair Airlines flights at no extra charge or provide a refund.  We must also provide a refund of services if they are not received on a replacement flight or if services were double paid.  We are not required to provide a replacement flight on another airline. We are required to provide the compensation within 48 hours. We are required to inform on your rights and options for making a complaint, including to the agency.

Denial of Boarding for situations within the carrier’s control, but for reasons of safety

When a denial of boarding occurs, we must provide affected passengers with communication of key information and a standard of care including reasonable quantities of food and drink (non-alcoholic), hotel accommodations, ground transportation to and from the accommodation and access to communication. We must arrange alternative travel arrangements (re-booking) on Flair Airlines flights at no extra charge or provide a refund.  We are not required to provide a replacement flight on another airline.  We are required to inform on your rights and options for making a complaint, including to the agency.

Denial of Boarding for situations outside the carrier’s control

When a denial of boarding occurs, we must provide affected passengers with communication of key information.  The passenger is entitled to a confirmed reservation on the next available flight the small carrier operates. The flight may take any reasonable route from the same airport to the passenger’s destination.  We are not required to provide a replacement flight on another airline.  We are required to inform on your rights and options for making a complaint, including to the agency.

 

LOST OR DAMAGED BAGGAGE

When a passenger’s baggage is delayed or damaged, a claim must be made by the passenger within 7 days. At 21 days, in the case of a delayed bag, it is declared lost. In these cases, our liability for the lost bag is limited to $2,100 for domestic travel.  This limit includes the bag, it’s contents, the baggage fee paid (if any) and any interim expenses for necessary items purchased while the passenger was without their bag.

TARMAC DELAYS

When a tarmac delay occurs, we must provide affected passengers access to communication, 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 Canadafor 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.

Exceptions

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.

  • “Takeoffis imminent” means it is the reasonableopinion of the pilot incommand

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).

Standards NOT affected by the new Air Passenger Protection Regulations beginning July 15, 2019

DELAYS OR CANCELLATIONS

Delays or cancellations for situations within the carrier’s control– At the present time our obligations to you are as follows:

  • We will provide you with information updates in a maximum of 30-minute intervals to the email address you supplied to us during booking, or through announcements or displays.
  • If the delay reaches four hours, we will provide a voucher that will permit you to purchase food and beverages (non-alcoholic). We will provide this at each four-hour interval through out the delay.
  • If the delay lasts more than 8 hours resulting in an overnight, we will provide meals in accordance with the above, an overnight hotel accommodation and airport transfers for the passenger. We are not obligated to provide overnight accommodation for passengers at the first airport of departure appearing on the ticket.
  • Your options are:
    • In the case of a delay, to wait for the condition causing the delay to be resolved; or
    • We will carry you to the destination named on the ticket, or applicable portion thereof, within a reasonable amount of time, on another of our aircraft or in a different class of service on which space is available, without additional charge, regardless of the class of service in which the you were booked; or,
    • Reroute you to the destination named on the ticket, or applicable portion thereof, on our own transportation services within a reasonable amount of time, at no additional charge; or,
    • If you choose to no longer travel as the schedule irregularity results in the loss of purpose of travel or if we are unable to perform the option stated in (a)or (b) abovewithin a reasonable amount of time, we will transport you to the point of origin named on the ticket, at no additional charge, and with no further refunds payable; or
    • Should the alternate choice proposed by Flair or their agent not meet with your satisfaction, we will provide options to re-book the travel without additional charge or refund the remaining unused value of the ticket in the form of a travel credit for future use valid for one year from the date of the disruption of travel or a refund in accordance with Rule 26:in our tariff.

Delays or cancellations for situations within the carrier’s control, but for reasons of safety or situations outside the carrier’s control– At the present time our obligations to you are as follows:

  • We will provide you with information updates in a maximum of 30-minute intervals to the email address you supplied to us during booking, or through announcements or displays.
  • Your options are:
    • In the case of a delay, to wait for the condition causing the delay to be resolved; or
    • We will offer you the choice to travel on another of our flights on the same route as you were originally ticketed or to travel on a different routing operated by Flair to the same ticketed destination, at no additional charge; or
    • Should the alternate choice proposed by the Flair or their agent not meet you’re your satisfaction, we will provide options to re-book the travel without additional charge on Flair or refund the remaining unused value of the ticket in the form of a travel credit for future use or a refund in accordance with Rule 26:in our tariff.

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.