Due to operational requirements, policies or otherwise, it sometimes happens that the number of passengers holding confirmed reservations exceeds the number of seats available, so we refer to flight overbooking.
Air Transat undertakes to limit the inconvenience of overbooking by calling on volunteers who voluntarily give up their reservations
If there are not enough volunteers, other passengers may be denied boarding involuntarily, in accordance with the boarding priorities of the Carrier.
Denied boarding can be caused by many reasons, which can be divided into the following categories:
- Within Carrier’s control (ex : mechanical failure noticed during regular maintenance, of the aircraft, etc.)
- Within Carrier’s control but required for safety purposes (ex : in the event of a mechanical problem not foreseen or not noticed during regular maintenance, any requirement or decision relating to the safety of the flight, etc.)
- Outside of Carrier’s control (ex : bad weather conditions, natural disasters, collision with wildlife, medical emergencies, strikes, political instability, air traffic control restrictions, etc.)
If you are denied boarding for reasons within the airline’s control (including those for safety purposes), Air Transat will offer you the following free of charge:
- food and drink in reasonable quantities
- access to means of communication.
- hotel accommodation and ground transportation if the new flight is on the next day.
- If the new flight does not satisfy your travel needs, a refund of any unused portion of your ticket and, when applicable, transportation to your point of origin as indicated on the ticket, within a reasonable time at no additional cost.
Please note that if you were denied boarding for a reason outside of the Carrier’s control, Air Transat can only provide you an alternate transportation on its services or on the services of a partner carrier(s).
Am I eligible to compensation for my denied boarding?
In the case of a flight overbooking, the airline will then ask if there are volunteers to forgo boarding the flight. Therefore, you could have volunteered to give up your reservation in exchange for a payment at the choice of the airline. You are not entitled to any other type of compensation.
When the denied boarding is due to reasons within carrier’s control, without being necessary for safety purposes, you are entitled to compensation:
However, you are not entitled to compensation if:
- $900 if the arrival at destination as indicated on the original ticket is delayed by less than six (6) hours;
- $1,800 if the arrival at destination as indicated on the original ticket is delayed by six (6) hours or more, but less than nine (9) hours;
- $2,400 if the arrival at destination as indicated on the original ticket is delayed by nine (9) hours or more.
How will the compensation be paid?
- You have not fully complied with the airline’s ticketing, check-in and reconfirmation requirements, or you are not acceptable for transportation under the airline’s tariffs on file with the Canadian Transportation Agency.
- A government requisition of space has occurred or a smaller capacity aircraft was substituted for safety or operational reasons
- A reduction of available seating capacity has occurred for safety or operational reasons.
- You are offered accommodation in a section of the aircraft other than that specified in your ticket, at no extra charge (a passenger seated in a section for which a lower fare applies must be given an appropriate refund).
If you qualify for compensation, Air Transat will pay you by check the amount specified above, as soon as it is operationally feasible, but no later than 48 hours after the time of the denied boarding.
Air Transat may offer you travel credits of greater monetary value in place of the cash payment. You may, however, insist on the cash payment or refuse all compensation and file private legal action.
Acceptance of the compensation (by endorsing the cheque within 30 days) relieves Air Transat from any further liability to the passenger caused by its failure to honour the confirmed reservation. However, you may decline the payment and seek to recover damages in a court of law or in some other manner.