In the context of air transport, exclusion of liability clauses are often used by airlines to limit or eliminate their obligation to compensate passengers in the event of a problem. These clauses usually appear in the general conditions of carriage that you agree to when purchasing your ticket.
In Canada, passenger rights are governed by:
The Air Passenger Protection Regulations (APPR) for domestic and international flights operated by Canadian carriers;
The Montreal Convention (for international flights), which limits but does not cancel the liability of airlines in the event of loss, delay or damage.
These texts prevent any attempt to completely exclude the carrier’s liability for events under its control (delays, cancellations, overbookings, loss of or damage to luggage, etc.).
Even if a clause attempts to relieve the company of all liability, it cannot:
Contradict applicable laws (such as the Montreal Convention or the APPR);
Be used to avoid compensation for fault or negligence;
Deprive a passenger of their right to the minimum compensation provided for by law.
For example, in the event of a delay or cancellation attributable to the company, the company cannot refuse financial compensation by invoking a contractual clause.
Read the conditions of carriage of your ticket carefully, especially if there are any problems;
If the company invokes an exclusion clause to deny your claim, you have the right to contest this decision;
Don’t hesitate to consult a specialist or a service like Volannulle to have your rights respected.
Most airlines often seek to minimize their responsibilities by offering travel credits or invoking exceptional circumstances to avoid paying compensation.
To ensure that you get the compensation you are legally entitled to, without wasting time, money or energy, trust Volannule.com.