Air Transat faces $295K fine in CTA ruling

Air Transat has been fined $295,000 after a decision by the Canadian Transportation Agency put the carrier at fault for a situation last summer that left hundreds of passengers stranded on the tarmac at Ottawa International Airport.

On July 31, flights TS 507 and TS 157 from Rome and Brussels remained parked on the tarmac at YOW for nearly five to six hours. These flights were originally diverted to Ottawa due to the closure of the Montreal airport, as a result of extremely difficult weather conditions.

"This is a significant determination for air passengers and air carriers,” said CTA Chair and CEO Scott Streiner. “It underscores that passengers have rights and recourse when their air travel is disrupted, and that even when problems stem from events such as bad weather, there is a minimum standard of treatment to which all passengers are entitled."

In its determination, the CTA found that during the tarmac delays, Air Transat did not properly apply its own tariff rules (terms and conditions of carriage) related passenger disembarkment – because aircraft commanders did not consider the option to disembark passengers when the delay exceeded 90 minutes – and to the distribution of drinks and snacks.

The CTA also found that the air carrier was not relieved of its obligations to passengers simply because events beyond its control required diversion of the flights to Ottawa or because the actions of other parties contributed to the length of the delays.

Finally, the CTA found that it was unreasonable for the tariff's Force Majeure rule to be as broadly worded as it was, and for pilots to have such wide discretion to decide whether or not to allow passengers to disembark, no matter how lengthy the tarmac delay.

Based on these findings, the CTA has ordered Air Transat to:

• compensate all passengers of the two flights for out-of-pocket expenses incurred as a result of the carrier's failure to apply its tariff.
• ensure that its employees are properly trained on tariff provisions, policies, and procedures related to tarmac delays, and that employees understand these are legal obligations the air carrier is bound to respect.
• amend its international tariffs to incorporate the terms and conditions of its Contingency Plan for Lengthy Tarmac Delays at US Airports, which create a positive obligation for the air carrier to deplane passengers if a tarmac delay reaches four hours – unless there are safety, security, or air traffic control issues that prevent it– and require that during the delay, the air carrier provide passengers with updates every 30 minutes, working lavatories, and needed medical assistance.
• tighten the definition of Force Majeure in its tariffs.

Air Transat has been advised that the penalty may be reduced by the amount of compensation provided to passengers on the affected flights, excluding the refund of out of pocket expenses.

In a statement acknowledging the CTA’s decision, Air Transat said it “will make all the necessary arrangements to comply with the requirements of the CTA. In particular, it will modify its terms and conditions of transportation (fares) and ensure that its staff is properly trained to meet its new obligations to passengers. The carrier has already begun to implement corrective measures and is committed to continuing them in a process of continuous improvement.

"We reiterate our sincere apologies to our passengers who have experienced a difficult situation. For more than 30 years, we remain firmly committed to providing a quality experience to all our customers. Air Transat welcomes the clarification of carriers' obligations and the CTA's invitation to better collaboration with all players to prevent this from happening again," said Jean-François Lemay, president and CEO, Air Transat.

In addition, given the exceptional circumstances, Air Transat made the decision to offer $500 to each passenger on its four flights affected by the events in question. Compensation will take into account amounts already paid to passengers.

During two days of public hearings last August (which PAX attended), passengers were invited to speak about the situation, as were the Ottawa airport and the ground service provider.

Attending the public hearing back in August, PAXnouvelles.com journalist Hortense Des Dorides recorded a series of remarks used by passengers to describe their experiences on board the plane that day last summer.

Passengers used some strong terms to describe their experience, with phrases including "nightmare," "treated like cattle" and "as if I was luggage" stated during the hearing.