Air Canada mistake ruined dream vacation, passenger says

An Edmonton woman says Air Canada ruined a vacation by not allowing her father travel with her and her children.

The airline thensold his seat to someone else and refused toissue a refund or admit it was wrong, saying it's not liable for a mistake that was made in "good faith."

In June2013, Yan Yuan, arrived at Edmonton International Airport with her two young children and her 67-year-old father, Xiaoping Yuan, for a long-awaited family vacation in Cuba.

She had checkedin online the day before and printed the familys boarding passes.

But as they were checking in their bags, an Air Canada agent asked to see their travel documents.

Yuan and her children were cleared because their Canadian passports were in order, but the airline refused to let her father board, insisting thatas a Chinese-passport holderhe required a special visa.

I was speechless, Yuan said. Very, very much in shock, because I dont anticipate this at all.

Passenger had done her research

She saidshe had done herresearch before buying the vacation package and knew for certain her father needed only his passport to board the plane.

Yuan chose Cuba because its one of the few vacation spots to which Chinese citizens cantravel to without a special visa.

She saidthe all-inclusive vacation was to be a nice break for her and a reward to her father, whom she says made huge sacrifices so she could start a new life in Canada.

Yuan, who moved from China in 1997, says her father spent years caring for her dying mother in China, then made annual visits toEdmonton to help her with her two young children.

Being a single parent is very difficult," Yuan said. "I dont really have much support here.

Thirty minutes before boarding time, Yuan was faced with either abandoning the vacation altogether or leaving her father, who doesnt speak English, behind.

She called a friend to drive her father back to her home while she and her children went to Cuba without him.

Yuan was particularly insulted that Air Canada sold her fathers seat on the plane to someone else.

While caring for her eight and three-year-old sonsby herself was not the vacation she was expecting,it was Air Canadas response when she returned that she says ruined the vacation.

They refused to do anything, They dont admit they made a mistake.

Airline denies responsibility

Air Canada did apologizetwice, but not for its mistake.

In emails to Yuan, an Air Canada customer service agent said we are sorry to learn Mr. Yuan was unable to travel. And later, we are sorry we have been able to redress your complaint.

Air Canada refused to compensate Yuan for the cost of her fathers vacation, saying it had made the mistake in good faith.

It said every ticket is sold subject to several conditions, including that, No liability shall attach to carrier if carrier in good faith determines that what it understands to be applicable law, government regulation, demand, order or requirement, requires that it refuse and it does refuse to carry a passenger.

When Yuan persisted in her complaint, the airline would not concede her point. In a final email, the customer service agent wrote: the continual exchange of emails will not alter our position.

Yuan then complained to the Canadian Transportation Agency, which regulates air travel.

Three months later, Diane Fusco, a CTA investigator, delivered her findings to Yuan.

Airlines are free to set their own terms of carriage, the ruling saidand Air Canada had abided by its rules, specifically the condition that limits its liability for mistakes made in good faith.

The CTAs intervention howeverdid prompt Air Canada to issue a refund for her fathers lost airfare, though not the unused week at the Cuban resort.

Yuan then called Go Public, seeking the rest of the money and an apology.

Air Canada declined a request for an interview. In an email exchange with Go Public,spokeswoman Angela Mah reiterated the airlines obligation to make sure passengers have correct documentation and that the Cuban regulations appeared ambiguous to the airline agent.

Mah said Air Canada refunded the airfare in September after the CTA requested it review the case and says the refund for the hotel was held up because of internal miscommunication between the airline and its holiday division, Air Canada Vacations.

Air Canada Vacations finally issued the remaining refund more than 25 weeks after Xaioping Yuans aborted vacation.

'Good faith is not enough,'advocate says

Gabor Lukacs, a former math professor who has become a high-profile critic of Canadian airlines, told Go Public the CTA does a poor job of standing up for passengers.

Essentially, the airline can say, We dont pay, take us to the agency. Worst case scenario is we have to pay what we would have had to pay otherwise.

Good faith is not enough, Lukacs said. If they make a mistake, they have to pay for it.

He said the federal government or the courts should force Air Canada to change its policy of good faith and replace it with a standard of correctness, which would leave it liable for compensation and other damages.

Yuan says the fight has been frustratingand calls Air Canada stubborn and arrogant for refusing to admit its mistake.

Shes worried about what will happen if she tries again to take her father on holiday with her.

Its a lot of money for me," she said.

They are obviously wrong and dont admit it, and they dont want to take any responsibilities.