Quebec Superior Court file #
Air Canada has been charging customers with an international fuel surcharge as an additional component to airfare on international flights with the exception of the United States (including Hawaii), Mexico and the Caribbean. According to Air Canada’s own definition of fuel surcharge, the amounts charged as a fuel surcharge were meant to offset the volatility and fluctuations in operating costs associated with the price of fuel and were meant to vary according to the destination. It appears that, between April 15, 2012 and November 28, 2014, Air Canada charged its customers an amount higher than what was required to offset the volatility and fluctuations in the cost of fuel and in multiple cases, charged an amount equal or higher to the entire cost of fuel for the flight, thus allowing Air Canada to reap a clean profit from the fuel surcharge.
This class action seeks financial compensation for the damages suffered as a result of the excessive international fuel surcharge charged to its customers.
The Class Definition
All of the physical and legal persons (excluding travel agencies) who, in Quebec, between April 15, 2012 and November 28, 2014, bought an airline ticket for an international flight (with the exception of the United States (including Hawaii), Mexico and the Caribbean) either:
- Directly from Air Canada in person or over the telephone;
- Indirectly from Air Canada through a travel agency, online, in person, or over the telephone;
- In the case of legal persons only, directly from Air Canada through the airlines’ transactional websites
- In the case of physical persons only, indirectly from Air Canada through the Aeroplan loyalty plan owned and operated by Aimia Canada inc. online, in person, or over the telephone;
- In the case of physical persons only, indirectly from Air Canada through the Air Miles loyalty program owned and operated by LoyaltyOne, inc., online, in person, or over the telephone.
and for whom an international fuel surcharge was charged by Air Canada and paid to it, regardless of whether the flight was operated by Air Canada or Air Canada Rouge or code-shared with any one of the member airlines of the Star Alliance group or any other airline.
Remedies sought for consumers
Compensatory damages for class members in amounts to be determined, as well as punitive damages.
Files – Air Canada international fuel surcharge Class Action
Air Canada international fuel surcharge Class Action
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