Flight Disruptions on flights to, from, or within Canada including connecting flights.
This section 1 applies only to flights to, from, or within Canada including connecting flights. This section 1 does not apply to connecting flights outside of Canada where Condor is transporting passengers pursuant to an interline agreement.
1.1 Information provided to passengers in cases of Flight Disruptions
Where a passenger who holds a confirmed reservation, valid travel documentation, and is present at the boarding gate at the required boarding time is denied a seat on a flight because there are not enough seats on the aircraft (“Denial of Boarding”) or a flight is delayed or cancelled (collectively a “Flight Disruption”), passengers may be entitled to specific standards of treatment, rebooking or a refund, and compensation, Condor will provide affected passengers with the following information:
- The reason for the Flight Disruption;
- The compensation to which the passenger may be entitled for the inconvenience (if applicable);
- The standard of treatment for passengers (if any);
- The recourse available to passengers against Condor, including recourse to the Canadian Transportation Agency;
- New information (as soon as feasible); and
- Status updates every 30 minutes until a new departure time is set for the flight or alternative travel arrangements have been made.
1.2 Providing services to minimize inconvenience resulting from Flight Disruptions
In the event of a Flight Disruption, Condor will make reasonable efforts to assist passengers in rebooking travel to their destination to complete their itinerary as soon as feasible. Additionally:
Where the Flight Disruption is outside of Condor’s control as defined in the Canadian Regulations (see section 10 (1): https://www.gazette.gc.ca/rp-pr/p2/2019/2019-05-29/html/sor-dors150-eng.html) and described below, Condor will provide passengers with a confirmed reservation on the next available flight, free of charge, that is:
- operated by Condor or our commercial partners, travelling on any reasonable air route from the airport where the passenger is located to their destination, and that departs within 48 hours of the end of the event that caused the Flight Disruption; or if not available
- operated by any air carrier, travelling on any reasonable air route from the airport where the passenger is located (or another airport within a reasonable distance) to their destination, and if the new departure is at a different airport, transportation to the other airport.
A Flight Disruption is outside of Condor’s control if caused by events, including but not limited to, 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 NOTAM, a security threat, airport operation issues, a medical emergency, a collision with wildlife, a labour disruption with Condor 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, or an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.
Where the Flight Disruption is within Condor’s control, even if required for safety purposes, Condor will provide passengers with a confirmed reservation on the next available flight, free of charge, that is:
- operated by Condor or our commercial partners, travelling on any reasonable air route from the airport where the passenger is located to their destination, and that departs within 9 hours of the original departure time; or if not available
- operated by any air carrier, travelling on any reasonable air route from the airport where the passenger is located to their destination, and that departs within 48 hours of their original departure time; or if not available
- operated by any air carrier, travelling on any reasonable air route from an airport that is within a reasonable distance of the airport where the passenger is located to their destination, and transportation to the other airport.
A Flight Disruption is within Condor’s control but required for safety purposes (see Canadian Regulations – Definitions and Interpretation 1 (1): https://www.gazette.gc.ca/rp-pr/p2/2019/2019-05-29/html/sor-dors150-eng.html) where the cause of the Flight Disruption is required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements.
In accordance with the Canadian Regulations, Condor will aim to provide alternate travel arrangements that are comparable to those on the original ticket. If the alternate travel arrangements provide for a higher class of service than the original ticket, Condor may not request supplementary payment for the price difference
In some cases, if the alternate travel arrangements offered do not accommodate passenger’s needs Condor will refund the unused portion of the ticket and if necessary, return passengers to his/her point of origin.
1.3 Denial of Boarding
Before a Denial of Boarding, Condor will ask passengers to volunteer to give up their seat. If volunteer(s) are offered a benefit in exchange for giving up his/her seat, Condor will provide a written confirmation of the benefit before the flight departs.
Where Condor has to deny a passenger boarding, Condor will give priority to boarding passengers in the following order:
- unaccompanied minors;
- a person with a disability and their support person, service animal, or emotional support animal, if any;
- a passenger who is travelling with family members; and
- a passenger who was previously denied boarding on the same ticket.
The order of priority outlined above does not apply where the denial of boarding was caused by a situation outside of Condor’s control.
Condor will make reasonable efforts not to deny boarding to a passenger who is already on board the aircraft but Condor is entitled to do so where it is required for safety reasons.
1.4 Tarmac Delays
Where a flight is delayed on a tarmac at a Canadian airport for three hours after the aircraft doors have been closed for take-off or after the flight has landed, Condor will allow passengers to disembark the aircraft.
Condor is not required to allow passengers to disembark in cases where it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and Condor is able to continue providing passengers with the services described below; or where it is not possible to provide an opportunity for passengers to disembark, including if it is not possible for reasons related to safety and security or to air traffic or customs control.
When allowing passengers to disembark, if feasible, Condor will give passengers with disabilities, and their support person, service animal or emotional support animal (if any) the opportunity to disembark first.
For all flights, to, from or within Canada, in accordance with the Canadian Regulations, Condor will use reasonable efforts to provide convenient and comfortable service to all customers in cases of tarmac delays. Specifically, Condor will provide:
- Access to lavatories in working order (if there are lavatories on the aircraft);
- Proper ventilation and cooling or heating of the aircraft;
- If it is feasible to communicate with people outside of the aircraft, the means to do so; and
- Food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport.