Meu pai com doença mental grave comprou uma passagem aérea. A companhia aérea então maltratou os passageiros que o fizeram não voar na perna de retorno. É obrigado a devolver metade do seu dinheiro?
Fatos:
Em janeiro de 2017, ele comprou uma passagem de ida e volta no site da Air Transat (doravante "TS"), de Londres Gatwick a Toronto em fevereiro de 2017 e retornando em setembro de 2017.
Ele leu notícias de maus-tratos passageiros e falsidade de TS, perdeu toda a confiança em TS, e decidiu não voar. Por volta de 15 de agosto de 2017, ele disse a TS tudo isso (particularmente sua doença mental) e pediu reembolso para a perna não gasta. Mas a TS respondeu que os termos e condições autorizavam apenas o reembolso de impostos.
TS Flight 157:
Passengers on two Air Transat flights were stuck on planes at the Ottawa airport for hours on Monday after being diverted due to stormy weather, and at least two of them called 911.
"The plane actually lost power and went zero AC [air conditioning], and then now we've got the doors open and one kid is puking, and people are just losing their minds," she [Laura Mah] said.
Vôo 507 da TS:
Gatineau, Que., resident Josée Binet described the situation as untenable, telling Radio-Canada she called 911 around 9:30 p.m. ET to ask for help.
By the time they arrived in Montreal, Binet and the other passengers had been sitting on the plane for about 15 hours.
Em 11 de agosto de 2017 , TS ofereceu US $ 400 como compensação por falha de ar condicionado .
In a statement, Air Transat apologized to passengers and said it will take all necessary measures to comply with the CTA's report. It has decided to pay passengers on all affected flights $500 in compensation, though it will take into account what has already been paid out to passengers.
[2] Passengers on Flight Nos. 157 and 507 reported challenging onboard conditions on social media and the news media reported on the events. In addition, the Agency received 48 complaints from passengers of Flight No. 157 and 24 complaints from passengers of Flight No. 507. The media reports and passengers’ complaints referred to limited water and food services, high temperatures, limited ventilation, passengers becoming physically ill, and the fact that passengers of Flight No. 157 called emergency responders (911) to seek assistance.
[86] The evidence shows that the flight directors and flight attendants of both flights were unaware of the Tariff’s provisions, Captain Lussier was unfamiliar with the Tariff, and Captain Saint-Laurent was familiar with the Tariff but never received training on its application. Air Transat’s failure to ensure that its employees were aware of the content of the Tariff and were trained on its application contributed to the Tariff not being properly applied.
[93] Based on the foregoing, the Agency concludes that passengers on Flight Nos. 157 and 507 were either not offered snacks and drinks at all or not offered snacks and drinks to a reasonable degree, and that there were no safety or other mitigating factors (such as a scarcity of supplies) that would justify this failing. The Agency therefore finds that Air Transat failed to properly apply the terms and conditions set out in Rule 5.2d) and Rule 21.3c) of its Tariff on both flights in respect of offering drinks and snacks, and has contravened subsection 110(4) of the ATR.
[122] In light of the foregoing, the Agency finds that Air Transat failed to properly apply the terms and conditions set out in Rules 5.2(d) and Rule 21(3)(c) of its Tariff on both flights in respect of disembarking, and has contravened subsection 110(4) of the ATR.
[144] Notwithstanding the fact that the diversion of Flight Nos. 157 and 507 was beyond Air Transat’s control and the length of the subsequent tarmac delays was partly out of its control, the Agency has found, on the evidence, that the carrier failed to properly apply those provisions of its Tariff that set out its obligations in the event of such a delay.
Pursuant to section 180 of the Canada Transportation Act, DEO Girard believes that Air Transat has committed a violation of subsection 110(4) of the Air Transportation Regulations on the basis of the Agency's finding and for the reasons set out in the Determination.