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Summary of Air Passenger Protection Regulations
If you are denied boarding, your flight is cancelled or delayed for at least two hours, or 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 about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.
Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.
1. 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 pursuant to section 15.6.2 of this GTBC.
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): http://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): http://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.
2. Information on treatment, compensation and recourse
This Section 2 only applies to flights to, from or within Canada, including connecting flights. This section 2 does not apply to connecting flights outside of Canada where Condor is transporting passengers pursuant to an interline agreement.
2.1 Standards of Treatment
In the event of a Denial of Boarding or where a passenger is informed of their flight delay or cancellation less than 12 hours before the originally scheduled departure time and have been waiting at least 2 hours after the originally scheduled departure time,
Condor will provide the following standards of treatment, free of charge:
- Food and drink taking into account the length of the wait, the time of day and the location of the passenger;
- Access to a means of communication; and
- Overnight accommodations (hotel or comparable) including round trip transportation from the airport to the hotel, if the passenger is expected to wait overnight for their original flight or for a flight reserved as part of alternate travel arrangements.
This section 2.1 does not apply (1) where providing the services above would further delay the passenger; and (2) where the flight delay, cancellation, or denial of boarding was due to “situations outside the carrier’s control” as defined in section 10(1) of the Canadian Regulations (see http://www.gazette.gc.ca/rp-pr/p2/2019/2019-05-29/html/sor-dors150-eng.html) and described above in section 1.2.
2.2 Compensation for inconvenience
Where there is a Denial of Boarding or a passenger is informed of a cancellation or delay less than 14 days before the original departure time, and the cause of the Flight Disruption was within Condor’s control (excluding situations within Condor’s control but required for safety purposes), affected passengers may be entitled to compensation as follows:
|Cancellation or Flight Delay|| |
|Denied Boarding|| |
In addition, as described in this section 1.2 Condor will make reasonable efforts to rebook passengers after a Flight Disruption. However, if a passenger’s flight is cancelled or delayed 3 hours or more and the alternate travel arrangements offered by Condor do not accommodate the passenger’s needs, in addition to the refund described in section 1.2 of this summary, passengers may be entitled to receive CAD$400 in compensation.
The CAD$400 Compensation is only available where the flight delay or cancellation is caused by a situation within Condor’s control and not required for safety purposes.
Passengers must notify Condor if they believe they are entitled to compensation due to a Flight Disruption.
All of Condor’s terms and conditions of carriage to, from or within Canada (in some cases including connecting flights) can be found in Condor’s Tariff, online here: https://www.condor.com/us/help-contact/canada-gtbc-and-tariff.jsp
If you believe you have received unfair treatment you may contact us on Condor’s website here: https://www.condor.com/us/help-contact/contact.jsp. Alternatively, you may submit an air travel complaint to the Canadian Transportation Agency online here: https://www.otc-cta.gc.ca/eng/air-travel-complaints
Information on lost or damaged baggage.
3.1 Lost or damaged baggage
In the case of lost baggage, or if baggage is lost for more than 21 days or is damaged, Condor will refund the fees paid for the baggage. The refund is not applicable for the free baggage allowance included in the tariffs Economy Flex Option, Premium Flex Option, Business Flex Option and Economy Classic, Premium Classic, and Business Classic.
For further compensation relating to lost or damaged baggage Section 14. of these GTBC will apply.
3.2 Temporary loss of baggage
If baggage is lost for 21 days or less, Condor will refund the fees paid for the baggage. The refund is not applicable for the free baggage allowance included in the tariffs Economy Flex Option, Premium Flex Option ,Business Flex Option and Economy Classic, Premium Classic, and Business Classic.
For further compensation relating to temporary loss of baggage Section 14. of these GTBC will apply.
3.3 Timely Notice of Complaints
In the case of damage, the passenger entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage.
In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage have been placed at passenger`s disposal.
4. Assignment of Seats to Children under the Age of 14 Years
A seat to a child who is under the age of 14 years shall be assigned in close proximity to a parent, guardian or tutor before check-in at no additional charge. If no seat is assigned in this manner Condor
- shall advise passengers before check-in that seat assignment of children will be facilitated in close proximity to a parent, guardian or tutor at the time of check-in or at the boarding gate
- will assign seats at the time of check-in, if possible
- will ask for volunteers to change seats at the time of boarding
- will ask again for volunteers to change seats before take-off.
In the case of a child who is four years of age or younger a seat shall be assigned that is adjacent to their parent, guardian or tutor’s seat; in the case of a child who is 5 to 11 years of age, a seat that is in the same row as their parent, guardian or tutor’s seat, and that is separated from that parent, guardian or tutor’s seat by no more than one seat; and in the case of a child who is 12 or 13 years of age, a seat that is in a row that is separated from the row of their parent, guardian or tutor’s seat by no more than one row.
If a passenger is assigned a seat that is in a lower class of service than their ticket provides, Condor will reimburse the price difference between the classes of service, but if the passenger chooses a seat that is in a higher class of service than their ticket provides, Condor may request supplementary payment representing the price difference between the classes of service.
5. Notice - Accessible Transportation for Persons with Disabilities Regulations (ATDPR)
Condor Flugdienst GmbH is subject to Accessible Transportation for Persons with Disabilities Regulations (ATDPR – SOR/2019-244) and the provisions of these Regulations that apply to it.
The passenger has the option at the time when the checked baggage is handed over to the carrier or prior to this to make a special declaration of interest in delivery at destination. According to Article 22(2) of the Montreal Convention a supplementary sum may be required and be paid prior to or at least at the time when the checked baggage was handed over to the carrier.