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Adding to a long line of flight cancellation lawsuits, Air Canada is now facing litigation from a Florida passenger.
Filed in Florida federal court, the Air Canada refund class action lawsuit says that the airline failed to refund tickets when it should have.
The Air Canada flight cancellation class action lawsuit was filed by plaintiff Thomas Levu. Levu says that an upcoming flight of his was cancelled, but instead of offering him a refund, the company gave him a voucher for his flights.
Allegedly, the voucher is less valuable than a refund because it has an expiration date. Levu also argues that Air Canada’s refusal to offer a refund violates the airline’s own policies.
Levu says that in January, he purchased a ticket for a flight with Air Canada scheduled for May 14. According to Levu, the flight was scheduled to fly from Orlando to Toronto and then continue from Toronto to Tokyo.
Allegedly, Air Canada told him via email that his flight had been moved to a day later — to May 15. This communication was reportedly followed by an April 6 email that informed Levu that his flight had been entirely cancelled.
Have you had a flight canceled due to the coronavirus outbreak and didn’t receive a refund? Get legal help here.
In informing him that the flight had been cancelled, Levu says that the Air Canada told him that he was eligible for a voucher that would let him use the money he spent on his Tokyo trip to purchase future tickets. Allegedly, the email informed him that this voucher would only be accepted for the next two years.
Providing context, Levu notes that like many airlines, Air Canada greatly reduced their scheduled flights and cancelled many previously scheduled flights in response to the growing coronavirus outbreak. He explains that the airline canceled many flights after determining that the demand for flights was so low that it would not be profitable to maintain a usual flight schedule.
These cancellations allegedly began on a case-by-case basis and then were implemented more broadly, as the scope of the coronavirus came to light. Unfortunately, like many other airlines, Air Canada has faced criticism for trying to pass some of the costs of the coronavirus off onto its customers by refusing to refund flights.
The Air Canada class action lawsuit says that the airline’s own Contract of Carriage dictates that the airline must provide a refund to customers whose flight is canceled by the airline.
Levu points to various pieces of language provided by the company to support the claim, saying that the company agreed to refund customers for flights that are canceled “due to reasons within Air Canada’s control or required for safety purposes” if the “passenger experiences a delay of three hours or more, a detail or boarding or cancellation, and refuses alternate travel arrangement.”
The plaintiff also stresses that the airline’s failure to offer a refund violates the rules of the U.S. Department of Transportation, which mandates that airlines who canceled flights due to the coronavirus must provide refunds to customers.
The Department of Transportation reportedly issued a notice to air carriers, which reminds airlines that they are still obligated to refund customers for cancellations or significant delays. The same notice allegedly told airlines that they could be subjected to enforcement actions if they refused to offer refunds.
Levu seeks damages on behalf of himself and all other customers who had flights scheduled after March 1, and whose flights were canceled without refund by Air Canada. He says that thousands of customers are likely part of the putative Class.
The plaintiff argues that he and other customers were financially injured by Air Canada’s conduct. Levu says that had he known the airline would not offer him a refund after canceling his flights due to the coronavirus, he would not have purchased his tickets from them or would not have paid as much as he did.
He also claims that the offered flight vouchers are not an adequate compensation for the canceled tickets because they are not as valuable as a refund. Allegedly, a voucher is much more restrictive than a cash refund and is subject to expiration.
Levu is represented by Jacob L. Phillips and Edmund A. Normand of Normand PLLC.
The Air Canada COVID-19 Cancelations Class Action Lawsuit is Thomas Levu v. Air Canada Inc., Case No. 6:20-cv-703, in the U.S. District Court for the Middle District of Florida.
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8 thoughts onAir Canada Class Action Seeks Flight Refunds
I was at airport and they did not give me my boarding pass and reject refund.
Same here. 4 flights and all cancelled. No refunds.
I had 3 flights cancelled by Air Canada with no refunds. I would like to join this class action.
same here.. Air Canada refuses to give me a refund on a cancelled flight
I bought it through expedia
I would like to join this class action
This experience with the travel agency Tripmasters and Air Canada have completely shaken my confidence in companies to do the right thing and abide by their own rules. It will dictate in future bookings and how I approach reservations. We requested a refund on February 26th and have not received anything not even the credit voucher that was suppose to be provided as an option. I feel that we have just given away money with nothing in return. The biggest concern if that the Airline and Travel agency will file bankruptcy.
Same here. I want to join this lawsuit.
Hi. Aircanada cancelled my flights for May 2020. No response for over 3 months of trying to contact. I want to join this class action. How do i do it.
Thanks
Air Canada refuses to give me a refund on my canceled flights from April 2020. Add me please