Decision No. 3-AT-A-2004

January 5, 2004

File No. U 3570/00-40

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BACKGROUND

In its Decision No. 542-AT-A-2001 dated October 25, 2001 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Rebecca Rehaili, on behalf of her brother, Faycal Fedjkhi. The application pertained to the level of assistance that Air Transat A.T. Inc. carrying on business as Air Transat (hereinafter Air Transat) provided to her brother during boarding and deboarding of a flight between Nice, France and Montréal, Quebec, Canada on June 23, 2000; the damage caused to his wheelchair during the flight; and the failure of Air Transat personnel to provide Mr. Fedjkhi with a temporary replacement wheelchair.

The Agency determined that the level of assistance provided to Mr. Fedjkhi by Air Transat personnel when he arrived at the Mirabel airport, the damages caused to his wheelchair during its transportation, and Air Transat's failure to provide a temporary replacement wheelchair to Mr. Fedjkhi constituted undue obstacles to his mobility.

Pursuant to Decision No. 542-AT-A-2001, Air Transat was required to take the following corrective measures:

1. within thirty (30) days from the date of this Decision:
   • issue a bulletin to its employees who handle mobility aids highlighting the difficulties encountered by Mr. Fedjkhi following the loss of the armrests and anti-decubitus cushion for his wheelchair, and reminding them of the importance of ensuring that all components of mobility aids arrive at destination at the same time to avoid the recurrence of incidents similar to the one experienced by Mr. Fedjkhi and send a copy of the bulletin to the Agency;
   • issue specific guidelines through a bulletin to all airport employees who deal with passengers whose mobility aids have been lost or damaged describing the incident experienced by Mr. Fedjkhi and reminding them to adhere to Air Transat's policy outlined in its tariff and filed with the Agency, which states that in such situations, the carrier must immediately provide a replacement aid, and send a copy of the bulletin to the Agency;
   • establish a list of companies that Air Transat can contact and that repair and provide replacement mobility aids and ensure that this list is distributed to all employees who may have to deal with such situations; and
   • submit a report outlining the corrective measures that Air Transat plans to implement to prevent a recurrence of problems similar to those experienced by Mr. Fedjkhi upon his arrival at the Mirabel airport, when no deplaning assistance was provided.
2. upon presentation of supporting documents:
   • reimburse Mr. Fedjkhi for the expenses incurred for the repair of the wheelchair and the additional transportation costs incurred for the return trip to France.

On November 19, 2001, Air Transat filed its response to Decision No. 542-AT-A-2001. Further clarifications sought by Agency staff were received on November 20, 2002 and December 4, 2003.

ISSUE

The issue to be addressed is whether Air Transat has met the requirements of Decision No. 542-AT-A-2001.

POSITION OF AIR TRANSAT

Air Transat asserts that its current procedures provide the necessary detail and instruction on the provision of deboarding assistance. In this respect, Air Transat submits that the corrective measures undertaken in this case did not involve significant revisions to its procedures, but instead focussed on the issuance of ground services bulletins to each of its stations to ensure that existing procedures would be reviewed with all of its staff members.

Air Transat indicates that its purpose for issuing ground services bulletins throughout the year is to advise its stations of any recent policy developments and to identify existing procedures for which compliance issues may have developed. Air Transat also advises that once bulletins are issued to its contracted ground handlers around the world, they are reviewed with all Air Transat staff in an effort to ensure continued compliance with established Air Transat procedures.

As part of its submission, Air Transat provided a copy of a ground services bulletin that it distributed to all of its stations on October 29, 2001, where it was subsequently reviewed with all Air Transat staff, including those who deal with passengers whose mobility aids have been lost or damaged. The bulletin referred to Mr. Fedjkhi's experience and reminded all Air Transat stations of the importance of following existing procedures in the event that a passenger's mobility aid is determined to be missing or damaged upon arrival at destination.

Air Transat also provided a copy of a ground services bulletin that it forwarded to all stations on November 2, 2001, where it was subsequently reviewed with all Air Transat staff, including those who handle passengers' mobility aids. The bulletin highlighted Mr. Fedjkhi's experience and outlined the importance of securing all components of a mobility aid to ensure that all pieces thereof arrive at the intended destination. The bulletin also reminded Air Transat staff of their responsibility to make every effort to accommodate the needs of a person with a disability, and confirmed its check-in agents' responsibility to properly assess and evaluate these particular needs.

Further, Air Transat mentions that its bulletin dated November 2, 2001 also included a national contact list of stores specializing in the repair and replacement of mobility aids, that is to be relied on by all Air Transat stations in Canada.

Air Transat also suggests that in light of the above, the details in its submission regarding the two ground services bulletins described above that were issued to each of its stations and reviewed with all of its staff, satisfy the requirement of the Decision for a report outlining the corrective measures to be implemented by Air Transat to prevent the recurrence of similar incidents as the one experienced by Mr. Fedjkhi.

In response to the requirement stipulated in the Decision that Air Transat reimburse Mr. Fedjkhi for the expenses he incurred to repair the wheelchair and the additional transportation costs incurred for the return trip to France, Air Transat initially confirms that it will proceed with the reimbursement upon production of appropriate supporting documentation to its Customer Relations' Department.

Air Transat subsequently confirms that a cheque in the amount of E$2,047.22 was sent to Rebecca Rehaili on behalf of Faycal Fedjkhi. This amount represents the expenses incurred for the repair of the wheelchair and the additional transportation costs for the return trip to France.

ANALYSIS AND FINDINGS

The Agency has reviewed the material submitted by Air Transat. The Agency is satisfied that the corrective measures outlined in Air Transat's submission, including the two ground services bulletins distributed to all of its stations and reviewed with all of its staff, which

1. describe the incidents experienced by Mr. Fedjkhi;
2. remind its staff of the importance of following existing policies and/or procedures when handling a person with a disability's mobility aid; and
3. include a national contact list of companies that repair and replace mobility aids, should prevent the recurrence of incidents similar to those experienced by Mr. Fedjkhi.

With respect to the reimbursement of the expenses incurred by Mr. Fedjkhi for the repair of the wheelchair and the additional transportation costs incurred for the return trip to France, the Agency notes that Air Transat has reimbursed Mr. Fedjkhi's sister, Rebecca Rehaili.

CONCLUSION

In light of the foregoing, the Agency is satisfied that Air Transat has met the requirements of Decision No. 542-AT-A-2001 dated October 25, 2001. Accordingly, the Agency does not contemplate any further action in this matter.