The Canadian Transportation Agency issued its final ruling today in respect of the tarmac delays of two Air Transat.
The two flights, from Brussels and Rome, 157 and 507, were severely affected in Ottawa on 31st July this year. The CTA found that during the tarmac delays affecting the flights the airline, Air Transat, did not properly apply its own tariff rules 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.
Following this determination, a CTA issued a fine of $295,000 against the AirTransat.
Air Transat responds -