New refund requirements for commercial flight delays and cancellations are now in effect across Canada.
Under the new requirements, if a passenger’s flight is cancelled or delayed by three hours or more for reasons outside of an airline’s control, the airline must offer the passenger a reservation on a flight operated by the airline or one of their partners within 48 hours of the departure time on the passenger’s original ticket.
Under the previous APPR rules, airlines were required to rebook affected passengers, free of charge, on the next available flight operated by them or a partner airline. There was no requirement that the flight depart within 48 hours of the original flight, and airlines were only required to provide refunds or offer alternate travel arrangements for disruptions that were within their control.
Lukacs explained that in many jurisdictions outside of Canada, including in the United States, the European Union, Israel and Turkey, airlines are required by law to provide refunds in the original form of payment for cancelled flights whether the reason for the cancellation was within the airline’s control or not. That's without the stipulation that the airline has 48 hours to re-book a passenger onto another of its own or a partner airline’s flights.
For example, under the new APPR requirements, a passenger whose travel plans are dependent on them arriving at their destination within a 24-hour window isn’t owed a refund for a flight cancelled outside an airline’s control, as long as the airline offers them an alternative flight within 48 hours. If they decide not to accept the alternative flight because it won’t get them to their destination in time, new APPR requirements do not spell out a requirement to refund them.
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