DENIED BOARDING – CANADIAN REGULATIONS
If you have been denied a reserved seat on Alitalia, you may be entitled to certain treatment and, in some cases, monetary compensation. This notice explains the airline’s obligations
and passenger’s rights in the case of an oversold flight, in accordance with the Canadian Air Passenger Protection Regulations (the “APPR”).
VOLUNTEERS AND BOARDING PRIORITIES
Before denying boarding to any passenger, Alitalia will first call for volunteers to surrender their reservation. Alitalia may offer benefits to encourage passengers to voluntarily surrender their seats. Any benefits agreed to will be confirmed in writing prior to the departure of the flight. If an insufficient number of volunteers come forward, other passengers may be denied boarding involuntarily. The APPR requires that the following passengers be the last people to be denied boarding:
- Unaccompanied minors;
- Persons with a disability and their support person, service animal, if any;
- Passengers who are travelling with their family; and
- Passengers who were previously denied boarding on the same ticket.
In accordance with the APPR, where a passenger is denied boarding involuntarily, Alitalia will re-book the passenger to help them complete their itinerary as soon as is feasible.
If the reason for the denial of boarding is outside its control, Alitalia will provide the affected passenger with:
- a confirmed reservation on the next available flight operated by Alitalia or by a carrier with which it has a commercial agreement to the passenger’s destination; or
- if re-booking on a flight departing within 48 hours is not possible, a confirmed reservation on the next available flight operated by Alitalia or by a carrier with which it has a commercial agreement to the passenger’s destination either from the original departure airport or from one that is within a reasonable distance from that airport
Where the reason for the denial of boarding is within its control or required for safety, Alitalia will provide the affected passenger with:
- a confirmed reservation on the next available flight operated by Alitalia or by a carrier with which it has a commercial agreement to the passenger’s destination that departs within nine (9) hours of the departure time on the passenger’s original ticket; or
- if the above is not possible, a confirmed reservation on the next available flight operated by any carrier on any reasonable route to the passenger’s destination; or
- if there is no available flight departing from the original airport within 48 hours of the original departure time, a confirmed reservation on a flight from a nearby airport, if available.
If a lower class of service is provided on the alternate flight, the difference in cost will be refunded for the applicable portion of the original ticket to the passenger. Similarly, if any additional services purchased by the passenger are not available on the alternate flight provided, or if the passenger must pay for the additional services a second time, Alitalia will refund the affected passenger for the cost of these added services. The refund will be made in the same form of payment in which the additional services were purchased.
Where the reason for the denial of boarding is within Alitalia’s control or required for safety, the passenger is entitled to a refund of the unused portion of the ticket if the alternate travel arrangements offered do not meet the passenger’s needs. The refund will be made in the same form of payment in which the ticket was purchased. However, if the flight disruption has caused the passenger’s travel to no longer serve any purpose and the passenger is no longer at the point of origin of their itinerary, Alitalia will provide the passenger with a confirmed reservation back to the point of origin on the ticket and refund the full amount of the ticket in the same form of payment in which the ticket was purchased.
STANDARDS OF TREATMENT
Where the reason for the denial of boarding is within its control or required for safety – unless doing so would cause further delay – Alitalia will provide the following services and amenities to passengers waiting for alternate flights at no cost:
- access to means of communication – Alitalia will provide access to phone device or provide refund of costs for up to two telephone call.
- reasonable quantities of food and drink in relation to the waiting time;
- where a stay of one or more night becomes necessary, a hotel room or similar accommodation and transportation to and from the accommodation.
The APPR does not require carriers to provide the above amenities where a passenger is denied boarding for reasons outside the carrier’s control.
Under the APPR, passengers are entitled to monetary compensation where they are denied boarding involuntarily for reasons within the carrier’s control, except those required for safety. In these cases, Alitalia will pay to the affected passenger:
- CAD $900.00 if the passenger’s arrival time at their destination on the original ticket is delayed by less than six (6) hours;
- CAD $1,800.00 if the passenger’s arrival time is delayed by six (6) hours or more, but less than nine (9) hours; and
- CAD $2,400.00 if the passenger’s arrival time is delayed by nine (9) hours or more.
Monetary compensation must be paid as soon as is feasible and within 48 hours. Alitalia will make the payment in the form of a wire transfer or cheque sent to the passenger by regular mail.
If the passenger is not able to provide the information necessary to have the payment sent before the passenger departs on a new flight, Alitalia will provide written confirmation of the amount to which they are entitled before departure.
A passenger entitled to monetary compensation for denied boarding may choose to receive it in the form of a travel credit voucher (“TCV”) instead of money, provided (1) the airline tells the passenger what monetary amount they are entitled to under the APPR; (2) the airline tells the passenger the value of the TCV offered; (3) the value of the TCV offered is greater in value than the monetary amount the passenger is entitled to; (4) the TCV has no expiry date; and (5) the passenger confirms in writing that the airline provided the above information before electing to accept the TCV offered.
Monetary compensation is not required where boarding is denied for reasons outside the carrier’s control or required for safety.