A couple from Rimouski who had to cancel their trip due to the pandemic just won their case in Small Claims Court against Transat Tours Canada and Air Transat.
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The tour operator must reimburse the sum of $ 4,868 for a planned trip to the Dominican Republic.
The lawyer for Transat Tours Canada alleged that this was a case of force majeure and that forcing the tour operator and the airline to reimburse the cost of the trip would cause him serious harm.
The Court of Quebec judge, Denis Paradis, concludes that “… the Tribunal has no proof that Air Transat and Transat Tours Canada were unable to reimburse the claimants.”
“The Tribunal has no evidence yet that this reimbursement would cause them serious inconvenience.”
Thousands of Quebecers are waiting for a refund for a trip canceled due to the pandemic, class actions have even been filed in the Superior Court of Quebec to force airlines and tour operators to reimburse their customers in money and not just in travel credit .
The CEO and co-founder of Volenretard.ca is delighted with such a judgment, but does not believe that it could set a precedent “In the case of small claims it is often on a case by case basis, obviously if it begins to exist. many cases the carriers could decide to pay in advance because there is a cost to transport them to be represented in court ”explains Jacob Charbonneau.