Stranded Canadians have little protection
European airlines offer better protection for travellers
Last Updated: Tuesday, December 21, 2010 | 12:32 PM ET
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Canadians stranded in Europe, and Europeans stranded in Canada because of weather related travel chaos are likely going to be out of pocket for their additional expenses, though that depends on the airline and the airport where the passenger is stranded.
Passengers in Terminal 1 at Heathrow Airport wait for their long-delayed flights. Passengers flying from European airports on EU flights are entitled to help from the airlines, though some have balked at paying for hotel rooms. (Ivan Sekretarev/Associated Press) "Most of those passengers are probably going to have to take it on the teeth themselves," airline analyst Rick Erickson told CBC News.
"There's a lot of arcane bits and parts to this and generally each carrier has its own procedures and operations for these eventualities, and it differs a little bit between the international arena and the domestic arena as well."
While it may not seem like it to most stranded travellers, being stuck in Europe and flying on an EU regulated airline has far more advantages than being in Canada, or flying with a Canadian airline.
Air Canada, in a written statement to CBC News, said it has assisted customers in postponing travel at no cost, provided alternative itineraries, and offered refunds. It also said it has provided some customers with hotel accommodation and meals. However, the airline said it won't do this any more.
"In view of the prolonged nature of the disruption, we are no longer in a position to assume these additional costs and are now encouraging customers to return to their point of origin," the airline stated.
EU says airlines should provide meals, accommodation
The European Commission on Mobility and Transport sets out specific rights for air travellers. Those rules state that passengers "should be adequately cared for while awaiting a later flight."
'[Passengers] should be adequately cared for while awaiting a later flight.'—European Commission on Mobility and Transport
While international air rules deem that weather delays are considered extraordinary circumstances, the EU has in the past insisted that European airlines fulfil that obligation to passengers.
In April, European airlines were held responsible for looking after passengers stranded by a cloud of ash that originated from a volcano in Iceland.
According to the British government, passengers who are rerouted are entitled to "reasonable meals and overnight accommodation." However, once a passenger accepts a refund from the carrier, that rule no longer applies.
Airlines challenge EU regulation
During the Icelandic volcano delays, some airlines challenged that rule. Ryanair would only reimburse passengers for the cost of their tickets.
Passengers camp out in Terminal 1 at Heathrow Airport. While European rules dictate that airlines must provide reasonable food and accommodation to passengers, it's up to the airline how that rule is applied. (Ivan Sekretarev/Associated Press) According the British government, passengers flying from a European airport on an EU carrier are covered by that rule. British citizens flying a Canadian carrier from Canada are not.
"Our federal regulator, pretty much Transport Canada or the Canadian Transportation Agency, doesn't have any jurisdiction in the European market, only in the Canadian market. So even if there was some protection, it's really limited to the country of origin," Erickson said in an interview with CBC News.
WestJet spokesman Robert Palmer told CBC News that his airline has a policy of providing food and accommodation for passengers who are stranded overnight, even though its not obligated to do so.
"It was about four years ago now we decided it shouldn't matter whether your flight is delayed or cancelled by Mother Nature, even though that's an act of God and beyond our control, it doesn't change the fact that you're our guest," he said in an interview.
WestJet does not offer flights to Europe and does not have any passengers stranded because of the travel chaos there.
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