I would like to know, when traveling with a European company like Lufthansa, if a problem arises, whether European rules apply or Canadian rules because the ticket was purchased here.
Diane B.
Diane B.’s question is relevant for the many travelers who are worried regarding a recurrence of episodes of chaos in air transport, which have multiplied since the end of the pandemic.
To answer, The Press spoke to the main Canadian and Quebec authorities regarding the protection of passengers and customers of air carriers.
To the Canadian Transportation Agency (CTA), which administers the Air Passenger Protection Regulations (RPPA) in force since 2018, it is indicated that the latter applies to “all flights to, from and within Canada, including connecting flights”.
“For flights from Canada to Europe, operated by a European airline, Canada’s RPPA and the Air Passenger Compensation and Assistance Regulations of the European Union are also applicable,” said Martine Maltais, spokesperson for the CTO, in an email response.
“A passenger (on a European carrier flight between Canada and Europe) would therefore be free to submit a complaint (and a claim for compensation) under the rules of the European regulations and those of the Canadian APPR. »
However, says M.me Maltese, “a passenger who has already received compensation from a passenger protection regime other than the Canadian RPPA cannot receive another compensation from the RPPA for the same air transport occurrence”.
Possible recourses in Quebec
For air passengers residing in Quebec, the Office de la protection des consommateurs (OPC) is told that recourse would be possible under two Quebec laws: the Travel Agents Act (LAV) and the Consumer Protection Act (LPC).
First, the Travel Agents Act governs the sale in Quebec of tourist services – including plane tickets – by a travel agent, indicates Charles Tanguay, spokesperson for the OPC.
“This law notably provides financial protection for travelers who do not obtain the services purchased from their travel agent. »
In certain circumstances, the Compensation Fund for Customers of Travel Agents (FICAV) may reimburse or compensate customers of travel agents who hold a Quebec permit.
Charles Tanguay, spokesperson for the OPC
About the Consumer Protection Act (LPC), which generally applies to transactions between a consumer and a merchant, the OPC is told that it might also protect the consumer (traveller) who does business directly with an airline.
“For example, in the case of transactions (purchase of plane tickets) concluded remotely, on the web or by telephone, specific provisions of the CPA protect the consumer if he makes the transaction from Quebec. This protection applies even for a company (air carrier) located abroad”, indicates Charles Tanguay in an exchange of e-mails with The Press.
“It is important to note that the legislative frameworks in Quebec and those of federal and international jurisdiction may apply concurrently. These include, for example, regulations (for the protection of air passengers) under the aegis of the Canadian Transportation Agency (CTA), international treaties (for air transport) such as the Montreal Convention, as well as regulations in countries from which a flight takes off or lands, such as in Europe. »
European airlines serving Montreal
- Air France (Paris-CDG)
- Austrian Airlines (Vienna)
- British Airways (Londres)
- Corsair (Paris-Orly, summer)
- Icelandair (Reykjavik, summer)
- KLM (Amsterdam)
- Lufthansa (Francfort, Munich)
- TAP Air Portugal (Lisbon)
- SATA Inter. (Portugal, summer)
- Swiss (Zurich)
Source: Montreal Airports (ADM)
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