General Consumer Information

What can the Agency do for the air travel consumer?

Air travellers can complain to the Agency about any issue in respect of an air carrier's service that they have been unable to resolve with the carrier. The Agency will review and try to resolve these complaints either directly or in cooperation with other government bodies. Depending on the nature of the complaint, there are a number of remedies available to the Agency. These include mediating the complaint, ordering the carrier to take corrective action, to pay compensation, or even to pay a fine.

Does the information on the back of my airline ticket represent the contract I have entered into with the airline?

The ticket outlines basic information such as where transportation will take place and via which route the passenger will be transported. It also indicates the date that travel will occur, the time the flight departs, the flight numbers, along with the name of the passenger who is travelling.

An airline ticket is proof of payment for air passenger transportation services purchased. (A waybill is the proof of payment of air cargo transport services purchased.)

The air carrier's tariff contains all its fares, rates, charges, and terms and conditions of carriage. A ticket is proof of payment and only contains some of the information that appears in a tariff. If there is a difference in the information on a ticket and that found in a tariff, the information in the tariff applies.

How do tariffs work?

An air carrier's tariff contains its published fares, rates, charges, and related terms and conditions of carriage. Passengers and shippers have the right under legislation to obtain, upon request and at a minimal cost, copies of the applicable tariff from the carriers. In case of dispute, the carrier's tariff will be reviewed to ensure that its terms and conditions of carriage have been correctly applied and are not unreasonable or unduly discriminatory.

What is a reservation?

A reservation is a request made to an airline by a passenger to hold an airline seat on board a flight. In making a reservation, a passenger selects the airline, day, and time he or she wishes to travel and agrees to pay a certain fare.

A reservation does not guarantee a seat for you on the flight you want. You must also confirm your reservation and you must check-in on time.

Once your airline ticket is issued, the status of your reservation will be indicated in the "status box" on the ticket. If "OK" appears in the "status box" then you are holding a confirmed seat/reservation on board your flight. If anything else appears in this box, then this should indicate to you that you do not have a confirmed seat/reservation on your flight, and that you may possibly be "wait listed" or waiting for a confirmed space to be made available.

Why is it important to check-in at the airport on time?

You should always check with your airline to find out what their time limit is for checking-in and ensure you are checked in by that time. If you do not check-in on time, the airline is permitted to cancel your reservation, even if confirmed, and you will lose your seat on that flight. (Check in time limits are often mentioned on the ticket jacket.) Check-in times vary from carrier to carrier, and are found in the carrier's tariff.

To illustrate, if an air carrier has sold too many tickets for a flight, it may begin to deny boarding to certain passengers. Quite often, the first people to be denied boarding are those who have missed the established check-in time and no longer hold confirmed reservations. (Procedures relating to denied boarding are found in a carrier's tariff.)

Once booked, am I protected against fare increases?

In most, but not necessarily all cases, your airfare is guaranteed once your airline ticket has been issued and paid in full.

What is bumping or denied boarding? What can I do about it?

Carriers often sell more seats on an aircraft than are actually available. They do this to compensate for "no-shows" that would leave empty seats on a flight. Carriers have extensive data that allow them to plan for the numbers of no-shows for a particular flight.

However, on any given flight, more passengers may present themselves than there are seats available. In these instances, some passengers may be denied boarding or "bumped" even if they hold tickets and have confirmed reservations. Carriers have established rules for the treatment of bumped passengers. These can be found in the air carrier's tariff. In most instances, carriers ask for volunteers to give up their seats for some compensation. However, if there are insufficient volunteers, carriers may then resort to involuntary denied boarding.

Based on a carrier's tariff, passengers are often assigned a priority by the air carrier to determine who will and who won't be denied boarding. Children under 16 travelling alone will often have the highest priority and would be the least likely to be bumped. Passengers with disabilities are treated similarly. First Class and Business Class passengers, followed by passengers who have paid full Economy Fare are the next priorities. Remaining passengers are usually denied boarding based on the time of check-in. So if catching a particular flight is important to you, checking in early is a wise idea.

While over-booking is not prohibited, passengers should be aware that all carriers address the matter of over-booking in their tariffs and that passengers are often compensated for the inconvenience. Passengers may ask to see a carrier's tariff and if they find that they were not treated as specified in their contract of carriage, they may bring the matter to the attention of the Agency for review.

My baggage didn't arrive with me. What should I do?

Once it is clear that all or some of your checked baggage is missing, or if your baggage has been damaged, you should report it immediately to the airline since most carriers require that you report to them within a certain time limit. Your claim for baggage compensation may not be accepted if you exceed the time limit.

If your baggage cannot be found at the airport, have the airline representative complete the appropriate forms and get a copy for yourself prior to leaving the airport. Check all the information in the form to be sure it is accurate. Then the airline will begin to trace your baggage. Also find out the claim procedure the carrier follows when it is unable to find your baggage.

What if they can't find my baggage?

If your baggage is lost, you should bring this to the attention of the carrier immediately and they will initiate tracing action. If the baggage cannot be immediately found or if the baggage has been delayed for a period of time, the carrier may offer as a courtesy to the passenger an overnight kit containing essential toiletries. The carrier may also offer to deliver the missing baggage to the passenger's hotel or place of residence, free of charge, as soon as the baggage has been found.

When an air carrier has exhausted all means to find your baggage and compensation for loss is necessary, you should keep in mind that airlines have limited liability for lost, delayed or damaged baggage. The liability coverage varies from one airline to another, and you must make a claim within the carrier's specified time limits.

Air carriers will not normally compensate you for more than the actual loss you have suffered and you will likely be required to provide proof of loss. Ask about your air carrier's domestic limits of liability. The amounts vary greatly among air carriers. On international flights originating in Canada, including round trips, the air carrier's liability will, in most cases, be subject to the provisions of the Montreal Convention which prescribes a maximum amount of compensation per passenger, that is 1,000 Special Drawing Rights (SDR)*.

* Since the value of a "Special Drawing Right" fluctuates, like any other currency, throughout the year, you can consult the current rates of a Special Drawing Right versus the Canadian dollar, as established by the International Monetary Fund, at: www.imf.org/external/country/CAN/index.htm

When you check your baggage, ask the airline representative about liability limits. If you feel the limit does not cover the value of your baggage, you may request a higher liability limit in advance for an additional charge. Please note, however, that some carriers do not allow for the option of declaring a higher limit for domestic transportation.

Can I do anything to make the process easier?

Yes. Be sure to report the information completely and accurately. If your baggage has not been located after a few days, file a claim with the airline listing the missing items and their value. It may take a while to settle your claim, especially if there is more than one airline involved. Keep copies of all forms (for example, the loss report), airline documents including copies of tickets, baggage claim checks and any correspondence you receive while the claim is in progress.

During the process, you should also keep in touch with the airline's claims department. If you experience undue delay, you may wish to contact the Agency for assistance.

Will I be given any compensation before the claim is settled?

Some airlines provide cash relief in the case of lost or delayed baggage, or they may reimburse you for the purchase of basic necessities. You should save your receipts.

Remember that such payments may, in effect, be considered an advance against any subsequent claim for loss or delay, and are taken into account when calculating a final settlement. In some cases, it may be possible to claim the difference between what the airline pays and the actual cost on your household insurance policy. Check with your insurance broker.

What is the airline's liability for lost, delayed or damaged baggage?

Air carriers have limited liability for lost, damaged or delayed baggage. Air carriers will not normally compensate you for more than the actual loss you have suffered and you will likely be required to provide proof of loss. Ask about your air carrier's domestic limits of liability. The amounts vary greatly among air carriers. On international flights originating in Canada, including round trips, the air carrier's liability will, in most cases, be subject to the provisions of the Montreal Convention which prescribes a maximum amount of compensation per passenger, that is 1,000 Special Drawing Rights (SDR)*.

* Since the value of a "Special Drawing Right" fluctuates, like any other currency, throughout the year, you can consult the current rates of a Special Drawing Right versus the Canadian dollar, as established by the International Monetary Fund, at: www.imf.org/external/country/CAN/index.htm

When you check your baggage, ask the airline representative about liability limits. If you feel the limit does not cover the value of your baggage, you may request a higher liability limit in advance for an additional charge. Please note, however, that some carriers do not allow for the option of declaring a higher limit for domestic transportation.

Are any items excluded from the airline's liability?

Yes. Fragile and perishable items may not be covered by airlines. There are also certain other items that are not usually considered baggage and are therefore excluded from the liability of the airline. These items should be carried with you. You may want to take out extra liability insurance on them yourself. They include:

• money, jewelry, silverware;

• negotiable papers, securities;

• business documents and prototypes;

• electronic and office equipment.

Check with your airline for details.

What if I forget something on the aircraft or in the airport?

Articles that are lost at an airport, on ground transportation vehicles, in airport lounges, or left on an aircraft after landing, are not usually the responsibility of airlines. Check with the airport's and/or airline's Lost and Found Department.

What is a tour operator? Are tour operators under our jurisdiction?

Carriers operating international charters are not able to sell the seats on their flights directly to the public in the way that scheduled carriers can. To buy seats for an international charter, a consumer must buy them though a travel agent or a tour operator. A tour operator often combines the flights with other elements of a vacation (such as hotels or ground transportation) to make a "package" to sell to the public. Tour operators can also sell just air travel ("air only").

The Agency's jurisdiction is limited to the air portion of the travel package. So if consumers have a complaint about this portion of their package, they may contact the Agency. (However, the Agency does not have jurisdiction over the level or quality of service offered by the air carrier -- these are subjective matters that are left to the discretion of the air carrier.)

Complaints about the land portion of the package or services offered by the tour operator come under provincial jurisdiction and should be addressed to your provincial / territorial office dealing with consumer matters including travel.