A couple from Rimouski who had to cancel their trip due to the pandemic has just won their case in Small Claims Court against Transat Tours Canada and Air Transat.
The tour operator must reimburse the sum of $ 4,868 for a planned trip to the Dominican Republic.
Counsel for Transat Tours Canada alleged that it was a case of force majeure and that forcing the tour operator and the airline to reimburse the cost of the trip would cause him serious harm.
The Court of Quebec judge, Denis Paradis, concludes that “… the Tribunal has no proof that Air Transat and Transat Tours Canada were unable to reimburse the claimants.”
“The Tribunal has no evidence yet that this reimbursement would cause them serious inconvenience.”
Thousands of Quebecers are waiting for a refund for a trip canceled due to the pandemic, class actions have even been filed in the Superior Court of Quebec to force airlines and tour operators to reimburse their customers in money and not just in travel credit .
One of the lawyers who are leading a collective action for thousands of Quebecers awaiting reimbursement, Me Christian Azzam of the law firm Donati Maisonneuve, is not surprised by this judgment.
According to him, it is based on the law.
“In our opinion, the law is clear, airlines must reimburse passengers who bought tickets and who were not able to make their trip,” said Me Azzam.
The class action was filed by the firms Donati Maisonneuve and Perrier Avocats last March and will be heard by the Superior Court of Quebec on March 29, 2021.
The CEO and co-founder of Volenretard.ca is delighted with such a judgment, but does not believe that it could set a precedent “In the case of small claims it is often on a case by case basis, obviously if it begins to exist. many cases the carriers could decide to pay in advance because there is a cost to transport them to be represented in court ”explains Jacob Charbonneau.
Transat briefly commented on the judgment, indicating that it took note of the judgment rendered.
“This decision brings back to the fore the importance of federal government support, as we have requested since the start of the unprecedented crisis affecting our industry. This help would allow us to respond to our desire to offer a refund to all customers affected by the cancellation of our flights in the context of the pandemic, ”the organization said.