Flight delay/cancellation - compensation

[ModlrMike]

Question for the other LogOs in the house.

Recently experienced a situation where a member's flight home was cancelled, and he needed to work at his civilian job the next day. While he would have received Class A pay for the extra travel day, he would also have been out of pocket as his service pay is considerably less than his civi pay. The member would have not been paid by his employer for the missed day, nor been able to take vacation.

So, on to the questions:

Given the new rules on compensation from the airlines, who gets the benefit, given the Crown paid for the ticket?

If the delay is for reasons that are outside the airline's control, and no compensation ensues, can the member claim the difference in pay?

I was unable to find anything in the CFTDBI or on the NJC website that might help.

 

[captloadie]

I think that you need to consider why the Airline is paying out. I believe it is for the inconvenience it is causing the individual, not as a partial refund. In that case, I don't think who pays for the ticket matters.

 

[ModlrMike]

I agree, and the guidance does say "passenger", but we're dealing with the federal government here.

 

[dapaterson]

Two different issues: who does airline compensation accrue to when on duty travel, and what mechanisms are there to reimburse a member of the Res F for actual losses of income for unforecast issues related to their service.

 

[Blackadder1916]

As always, the ability to screw with customers is in the wording. As an example, from Air Canada's policy . . .

https://www.aircanada.com/content/dam/aircanada/portal/documents/PDF/en/atpdr/ACF519.pdf

5. COMPENSATION If, due to a situation within Air Canada’s control, your flight was delayed three hours or more, or cancelled, you’ll be entitled to receive compensation, unless: a) You do not have a confirmed reservation or are travelling on a fare that isn’t available, directly or indirectly, to the public;

Does DND get a government/corporate rate when booking with certain airlines?

And what is and isn't within an airlines control

Types and Categories of Flight Disruption: A Guide | Canadian Transportation Agency

New refund regulations are now in effect for flights that are cancelled or have long delays due to a situation outside the airline’s control. The new regulations apply to flights taken on or after September 8, 2022. Airport congestion and flight issues What passengers need to know about delays...

otc-cta.gc.ca

 

[SeaKingTacco]

The guidance our Senior FSA gave us is that, if the CAF bought your ticket, you must decline all compensation from the airline and call HRG for assistance.

 

[ModlrMike]

Two different issues: who does airline compensation accrue to when on duty travel, and what mechanisms are there to reimburse a member of the Res F for actual losses of income for unforecast issues related to their service.

Exactly. There is no guidance... probably because nobody asked. Maybe I should ask NAVRES Compt.

The guidance our Senior FSA gave us is that, if the CAF bought your ticket, you must decline all compensation from the airline and call HRG for assistance.

Because that's going to be the most efficient way of doing things. I can see the first part, but HRG has no influence on the pay question.

 

[dapaterson]

My go to for travel problems while en route was to call the DND travel provider, give them my timings, and let them work it out. Which frequently defaulted to "next available with the same carrier, because there are no other options". I did once get a $12 meal credit for a delay, which I dutifully deducted from my travel claim, and which almost covered the cost of an airport sandwich.

Compensation for the loss of income would probably fall under 35(2) of the NDA, which reserves those powers to the TB ministers.

There's another question (not in this instance): what of a CAF member who volunteers to take a later flight (while on duty) in exchange for compensation? Could that rise to the level of an offence under 117(b) of the NDA?

117 Every person who

• (b) improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces,

 

[kev994]

As always, the ability to screw with customers is in the wording. As an example, from Air Canada's policy . . .

https://www.aircanada.com/content/dam/aircanada/portal/documents/PDF/en/atpdr/ACF519.pdf

Does DND get a government/corporate rate when booking with certain airlines?

And what is and isn't within an airlines control

Types and Categories of Flight Disruption: A Guide | Canadian Transportation Agency

New refund regulations are now in effect for flights that are cancelled or have long delays due to a situation outside the airline’s control. The new regulations apply to flights taken on or after September 8, 2022. Airport congestion and flight issues What passengers need to know about delays...

otc-cta.gc.ca

I think they’re talking about employees who basically ride for free (they pay airport taxes). According to AC, none of the cancellations are within their control.

 

[SeaKingTacco]

Exactly. There is no guidance... probably because nobody asked. Maybe I should ask NAVRES Compt.


Because that's going to be the most efficient way of doing things. I can see the first part, but HRG has no influence on the pay question.

The pay issue is separate for a Reservist. I got nothing, there.

 

[AKa]

There's another question (not in this instance): what of a CAF member who volunteers to take a later flight (while on duty) in exchange for compensation? Could that rise to the level of an offence under 117(b) of the NDA?

I would love to hear the official answer to this question as I am aware of this having occurred.