القانون الكندي لحماية مسافري النقل الجوي

CANADIAN AIR PASSENGER PROTECTION REGULATIONS

NOTICE

If you are denied boarding, or if your flight is canceled or delayed for at least two hours, or if your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information on your passenger rights, please contact your airline or visit the Canadian Transportation Agency’s website.

INFORMATION ON DELAYS, FLIGHT CANCELLATIONS, OR DENIED BOARDING

If you are denied boarding, or if your flight is canceled or delayed due to a situation outside our control or for safety reasons within our control or under our responsability, we will do our best to keep you informed of :

• Reason for delay, flight cancellation, or denied boarding;
• Available standards treatment and compensation;
• Possible recourse against us, including those with the Canadian Transportation Agency.

That’s why you must provide your contact details at the time of booking.

In the event of a delay, we will provide updates every thirty (30) minutes on the situation until a new departure time is set or new arrangements have been made for the passengers’ journey.

We will communicate any new information as soon as possible.

YOUR RIGHTS IF YOU ARE DENIED BOARDING, OR IF YOUR FLIGHT IS CANCELED OR DELAYED, DUE TO A SITUATION OUTSIDE OUR CONTROL

Is considered as a situation outside our control:

• war or political instability;
• illegal acts or sabotage;
• meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;
• instructions from air traffic control;
• a Notice to Airmen (as defined in the Canadian Aviation Regulations);
• a security threat;
• airport operation issues;
• a medical emergency;
• a collision with wildlife;
• a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider;
• a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority;

and an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.

Other Provisions – Alternative Travel Arrangements

If your flight has been delayed by more than three (03) hours, canceled, or if you have been denied boarding due to a situation outside our control, we offer alternative travel arrangements:

• A confirmed reservation for the next available flight from AIR ALGERIE, or one of our partner carriers, following any reasonable air route from the airport where you are located to the destination indicated on your ticket, with departure within forty-eight (48) hours following the end of the event that caused the delay or cancellation of the flight or the denial of boarding.
• If we are unable to do so, we will reroute you with another carrier, following any reasonable air route from an airport where you are located or from an airport at a reasonable distance from it, to the destination indicated on your ticket. If the departure is from an airport other than the one where you are located, we will ensure transportation between airports.
• Flights that are part of the alternative travel arrangements will offer similar services to those provided in the initial ticket.
• If the alternative travel arrangements involve passenger’s travel in a higher service class than that provided in the initial ticket, we will not require additional payment.

YOUR RIGHTS IF YOU ARE DENIED BOARDING, OR IF YOUR FLIGHT IS CANCELLED OR DELAYED, DUE TO A SITUATION WITHIN OUR CONTROL BUT REQUIRED FOR SAFETY REASONS

Passenger support/assistance:

• When a flight is delayed or cancelled for reasons within our control but required for safety reasons, and you have been informed of the delay or cancellation less than twelve (12) hours before the departure time indicated on your ticket, and you have waited two (02) hours after the departure time indicated on your ticket, and
• if you are denied boarding and before you board on alternative travel arrangement flight,

We will offer you free of charge (unless this assistance would cause further delay for passengers):

• Food and beverages depending on waiting time and time of the day,
• Access to a means of communication;
• Accommodation (including connecting transportation), for a postponement until the next day.

Other Provisions – Alternative Travel Arrangements

If your flight has been delayed by more than three (03) hours, canceled, or if boarding is denied due to a situation within our control required for safety reasons, we offer the following alternative travel arrangements:

• A confirmed reservation for the next available AIR ALGERIE flight, or one of our partner carriers, using any reasonable air route from the airport where you are located to the destination indicated on your ticket, with departure within nine (09) hours of the original departure time on your ticket;
• If we are unable to do so, we will reroute you with another carrier, using any reasonable air route from an airport where you are located to the destination indicated on your ticket, with departure within forty-eight (48) hours;
• If we are unable to do so as indicated above, we will reroute you with another carrier, using reasonable air route from an airport at a reasonable distance from where you are located, to the destination indicated on your ticket.
• As far as possible, flights that are part of the alternative travel arrangements will offer services similar to those provided in the initial transport title.
• If the alternative travel arrangements involve the passenger travels in a higher class of service than that provided in the initial transport ticket, we will not require any additional payment. Otherwise, if the passenger travels in a lower class than that provided in the ticket, we will refund the difference between the classes.

Refund

If the new booking no longer meets your travel needs or if the trip is no longer required due to a delay, flight cancellation, or denied boarding, we will refund your ticket. Additionally, if you are no longer at the departure point indicated on your ticket, we will ensure a confirmed reservation for a flight back to your point of departure.

In all other cases, we will refund the unused portions of the ticket.

Refunds are made according to the original method of payment to the person who purchased the ticket.

YOUR RIGHTS IF YOU ARE DENIED BOARDING, OR IF YOUR FLIGHT IS CANCELLED OR DELAYED, DUE TO A SITUATION WITHIN OUR CONTROL

Passenger care/assistance:

• When a flight is delayed or cancelled for reasons within our control, and you have been informed of the delay or cancellation less than twelve (12) hours before the departure time indicated on your ticket, and you have waited two (02) hours after the departure time indicated on your ticket, and
• if you are denied boarding and before you board a flight as part of alternative travel arrangements,

We will offer you free (unless this assistance would cause further delay for passengers):

• Food and beverages depending on the waiting time, time of the  day;
• Access to a means of communication;
• Accommodation (including connecting transportation), for an overnight delay for passengers from outside the city.

Other Provisions – Alternative Travel Arrangements

If your flight has been delayed by more than three (03) hours, canceled, or if you have been denied boarding due to a situation within our control required for safety reasons, we offer the following alternative travel arrangements:

• A confirmed reservation for the next available AIR ALGERIE flight, or one of our partner carriers, using any reasonable air route from the airport where you are located to the destination indicated on your ticket, with departure within nine (09) hours of the departure time indicated on your ticket;
• If we are unable to do so, we will reroute you with another carrier, using any reasonable air route from an airport where you are located to the destination indicated on your ticket, with departure within forty-eight (48) hours;
• If we are unable to do so as indicated above, we will reroute you with another carrier, using any reasonable air route from an airport at a reasonable distance from where you are located, to the destination indicated on your ticket.
• As far as possible, flights that are part of the alternative travel arrangements will offer services similar to those provided in the initial transport ticket.
• If the alternative travel arrangements provide for the passenger to travel in a higher class of service than that provided in the initial transport title, we will not require any additional payment. Otherwise, if the passenger travels in a lower class of service than that provided in the ticket, we will refund the difference between the classes.

Refund

If the new booking no longer meets your travel needs or if the trip is no longer necessary due to a delay, flight cancellation, or denied boarding, we will refund your ticket. Additionally, if you are no longer at the departure point indicated on your ticket, we will ensure a confirmed reservation for a flight back to your point of departure.

In all other cases, we will refund the unused portions of the ticket.

Refunds are made according to the original payment method to the person who purchased the ticket.

COMPENSATION FOR FLIGHT DELAYS AND CANCELLATION

In the event of a flight cancellation or delay due to reasons within our control, and not related to security reasons, you are entitled to compensation except:

• If the cancellation or delay is due to extraordinary circumstances that could not be avoided;
• If you were informed of the cancellation or delay fifteen (15) days before the scheduled departure time.

Amounts

The amount of compensation depends on the length of the delay and is determined by the time of arrival at the final destination indicated on your ticket.

If the delay is:

• 3-6 hours, the compensation is 400 CAD
• 06 to 09 hours, the compensation is 700 CAD
• More than 09 hours, the compensation is 1,000 CAD

If you have opted for a refund because the new reservation does not meet your travel needs or if the trip is no longer necessary, you will receive 400 CAD as compensation for the inconvenience in addition to the refund.

We will inform you in writing of the amount you are entitled to as compensation and any other form of compensation we may offer. You will have the right to choose between them.

Time limit to submit a compensation claim: one year to make a compensation claim with the airline that operated the disrupted flight.

We have 30 days to respond by issuing a payment or indicating why it believes compensation is not owed.  

Denial Boarding

To minimize the impact of “no-shows” (passengers who have booked a flight but do not show up at the airport for their trip), and to allow as many passengers as possible to travel on the flight of their choice, AIR ALGERIE sometimes overbooks its services. Despite our efforts to provide seats for which a confirmed reservation has been made, it is possible that no seat will be available for a passenger with a confirmed reservation on a flight, holding a valid ticket and who has presented themselves for check-in and boarding within the required deadlines and conditions.

Volunteers

In the event of denial boarding, we will call for volunteers willing to give up their confirmed seats in exchange for compensation.

Boarding Priorities

If we do not receive enough volunteers, and you are denied boarding against your will, assistance and compensation will be provided, provided you have complied with the boarding presentation rules.

Boarding priority is given to passengers in the following order:

• unaccompanied minors;
• persons with disabilities and their support/companion person, their assistance or emotional support pet;
• family members traveling together;
• passengers who have already been denied boarding with the same ticket.

We will not send back a passenger who is already on board, except for safety reasons.

Compensation for Denied Boarding

In the event of denied boarding due to circumstances within our control, and not related to safety reasons, you are entitled to compensation except:

Amounts

The amount of compensation depends on the length of the delay and is determined by the time of arrival at the final destination indicated on your ticket.

If the delay is:

• Less than 06 hours, the compensation is 900 CAD
• 06 to 09 hours, the compensation is 1,800 CAD
• More than 09 hours, the compensation is 2,400 CAD

We will pay the compensation as soon as operationally possible but no later than forty-eight hours after the denied boarding.

If we are unable to provide you with the aforementioned compensation before the departure of your replacement flight, we will provide you with written confirmation of the amount we will pay you as compensation.

If the actual delay turns out to be longer than our estimate, we will adjust the compensation to reflect the actual delay.

A TARMAC DELAY

During a tarmac delay before takeoff or after landing, AIR ALGERIE will provide passengers with free:

• Food and drinks in reasonable quantities, considering the duration of the delay, the time of day, and the airport location;
• proper ventilation and heating or cooling;
• access to working lavatories;
• ability to communicate with people outside the plane free of charge, if feasible.

AIR ALGERIE will also ensure that adequate medical attention is provided if needed.

Passenger Disembarkation

When a flight is delayed on the tarmac at a Canadian airport, you have the right to disembark three (03) hours after the doors are closed in preparation for takeoff or three (03) hours after landing, or earlier if possible, unless:

• Takeoff is within that period and up to forty-five additional minutes after doors are closed in preparation for takeoff or after landing, and we are able to provide the services mentioned above; or
• It is not possible to offer you the choice to disembark, including for reasons related to safety, security, air traffic control, or customs formalities.

We will give disabled passengers and any accompanying person (support person, assistance animal, or emotional support animal) the opportunity to disembark first, if possible.

LOSS OR DAMAGE OF YOUR BAGGAGE

Has your baggage not been delivered to you upon arrival at the airport?

We will undertake all reasonable efforts to deliver your baggage at the first opportunity.

Please notify us in writing, attaching your tickets and baggage tags, no later than seven (07) days after receiving registered baggage in case of damage, and in case of delay, within twenty-one (21) days from the date the baggage was made available to the passenger.

If your baggage has been damaged or lost:

• You will be compensated in accordance with the rights provided by the Convention for the Unification of Certain Rules for International Carriage by Air;
• You will be reimbursed for the fees paid for this baggage.

ASSIGNMENT OF SEATS TO CHILDREN UNDER FOURTEEN YEARS OLD

We will to, at no extra cost and at the earliest opportunity, help seat children under fourteen (14) years of age close to their parent, guardian or tutor, at the time of check-in or at the boarding gate.

In the case of a child four (04) years old or younger, we will provide a seat adjacent to the seat of a parent or guardian.

For a child aged five (05) to eleven (11) years, we will provide a seat in the same row and separated by no more than one seat from their parent, guardian or tutor.

For children aged twelve (12) and thirteen (13) years, we will provide seat
separated by no more than a row from the parent, guardian or tutor. If seat assignment is not possible at boarding, we will call for volunteers to change seats before takeoff.