What to do if computer failure has clipped your wings

Has the global computer outage delayed your flight? There are remedies available to you, according to the travelers’ charter. However, not everything is black or white due to the particular nature of the paralysis. Details.

What are the rules?

There are three reasons for delays and cancellations under the Passenger Protection Regulations: those that are the responsibility of the airline, those that are attributable to the carrier but necessary for safety reasons (a mechanical failure that is not the result of regular aircraft maintenance), and situations beyond the company’s control. In the case of “computer problems” or “network outages,” we are talking about events that are the responsibility of the airlines. “Anything that is not a cyberattack falls under the control of the air carrier,” says Jacob Charbonneau, CEO of the company Vol en tard. “That should give rise to compensation.”

What am I entitled to?

Compensation can reach up to $1,000 when you arrive at your destination with a delay of more than 9 hours and the event is entirely attributable to the airline. It is on the aspect of liability that things could get complicated. “We are talking about a global outage, so the carrier risks invoking exceptional circumstances,” believes Mr. Charbonneau. Nevertheless, in the United States, the main American carriers – which were among the most affected by the outage in North America – indicated in Washington that they would offer meals to delayed customers and hotel rooms to stranded travelers.

How to find your way around?

The Canadian Transportation Agency (CTA), the federal agency responsible for protecting travellers, does not “appear to be cutting corners,” says Sylvie De Bellefeuille, lawyer for Option consommateurs.

On its website, the CTA identifies four ways to establish an airline’s liability for computer problems or network outages. For example, did the airline control the system? Did it take reasonable steps to prevent the problem? Was there a contingency plan? It’s hard to see clearly. Asked about the global outage, the agency responded in an email that it couldn’t “rule on a specific situation that could give rise to complaints that it might have to decide on in the future.” “There’s the passenger charter, but everything else can apply,” says Ms.^me From Bellefeuille. There may be insurance taken out by consumers that can offer protection. It is best to check on a case-by-case basis.

What do I do then?

M^me De Bellefeuille and Mr. Charbonneau agree: keep all communications from your airline. In a case where your flight was cancelled and you had to buy another ticket or incur other expenses (taxi, hotel, meals, etc.) because your flight was cancelled, the advice is the same. This should entitle you to compensation in addition to the expenses,” Mr. Charbonneau emphasizes. If you are elsewhere in the world, you also have options. Depending on the traveler’s situation, an airline must offer a refund of the ticket or rerouting to your destination under flight conditions similar to the type of ticket you originally purchased and as soon as possible.