Decision No. 432-AT-A-1999

July 22, 1999

July 22, 1999

IN THE MATTER OF Decision No. 170-AT-A-1998 dated April 16, 1998 - Olympic Airways S.A.

File No. U 3570/97-22


BACKGROUND

In Decision No. 170-AT-A-1998 dated April 16, 1998, the Canadian Transportation Agency (hereinafter the Agency) made its determination on the application filed by Konstantinos Kapoulas concerning the refusal by Olympic Airways S.A. (hereinafter Olympic) to carry him on Flight No. 424 operated between Toronto, Ontario, and Athens, Greece, on June 7, 1997.

The Agency made the following findings:

  • the refusal by Olympic to carry Mr. Kapoulas' scooter in the aircraft passenger cabin did not, in itself, constitute an undue obstacle; and
  • a breakdown in communications between Olympic, the travel agent and Mr. Kapoulas, from the time of booking to the time of check-in at the airport, resulting from the absence of dialogue between the interested parties to determine how to best meet the needs of Mr. Kapoulas contributed to the refusal by Olympic to carry the passenger on the subject flight to Athens. Therefore, the refusal by Olympic, without trying to find reasonable alternative means to carry Mr. Kapoulas, constituted an undue obstacle. The obstacle was found undue in that it could have been easily eliminated by the carrier with appropriate consultation, a better understanding of Mr. Kapoulas' disability and needs, and a level of assistance compatible with the passenger's disability.

The Agency required Olympic to take the following corrective measures and to report to the Agency on these measures within sixty (60) days from the date of the Decision:

  • implement appropriate procedures to review reservations requests from persons with special needs. These procedures should ensure that the personnel who are involved in the decision making process, including the carrier's medical advisor, enter into a dialogue with the passenger and his/her physician to better understand the nature of the passenger's disability and to determine viable options that will best meet the needs of the passenger; and
  • investigate the acquisition of on-board wheelchairs to equip the passenger cabin of aircraft operating flights to/from Canada.

On the issue of financial compensation, the Agency, pursuant to subsection 172(3) of the Canada Transportation Act, S.C., 1996, c. 10, directed Olympic to reimburse Mr. Kapoulas for the following expenses he incurred as a result of the undue obstacle:

  • the difference in cost between the ticket ($1587.90) purchased from Lufthansa German Airlines (hereinafter Lufthansa) and the reimbursement received from the travel agent for the unused ticket purchased to travel on Olympic ($1205.00): i.e. $382.90;
  • gas cost and airport parking fees incurred at the airport following Olympic's refusal to carry Mr. Kapoulas, subject to submission of receipts to Olympic by Mr. Kapoulas; and
  • telephone expenses incurred by Mr. Kapoulas to advise waiting party at destination of late arrival due to a change in travel plans, subject to submission of receipts to Olympic by Mr. Kapoulas.

ISSUE

The issue to be addressed is whether Olympic has complied with the requirements of Decision No. 170-AT-A-1998.

FACTS

While Olympic's initial submission was received on June 5, 1998, further details and clarifications were provided on June 10, June 19 and July 27, 1998. By Decision Nos. LET-AT-A-219-1998 dated August 8, 1998 and LET-AT-A-1998 dated October 8, 1998, Olympic was granted until December 31, 1998 to complete its investigation with respect to the acquisition of on-board wheelchairs and to provide the Agency with the results of its investigation. The final submission of Olympic was received by the Agency on December 29, 1998.

Olympic has amended its procedures for reservations from persons with special needs to ensure that all pertinent information related to the passenger's special needs is exchanged between the carrier, the passenger, the physician and the travel agent during the reservation process. In addition to the normal reservation procedures, when a reservation is made for a mobility impaired passenger requesting wheelchair assistance, a copy of the carrier's Medical Information Form will be transmitted immediately to the passenger/travel agent. Upon receipt of the completed form, duly signed by the passenger's physician, all pertinent information will be included in the passenger name record and submitted to the carrier's offices in Athens, and a copy of the Medical Information Form will be forwarded to the carrier's Airport Manager in Toronto. On determining that a passenger cannot be accepted for carriage due to medical conditions, the passenger, the travel agent and the physician will be contacted immediately to explore alternative transportation arrangements. Additionally, the passenger, the travel agent and the physician will be informed in writing of the situation of the passenger and of what steps are to be taken.

With respect to the issue of on-board wheelchairs, Olympic advised that it has purchased new aircraft (Airbus A340) and that all of them are equipped with on-board folding wheelchairs. Upon completion of the training flights, Olympic will commence using them to operate service to/from Canada and its B-747 aircraft will gradually be withdrawn. In the event of any delay or deviation from schedule, the carrier has assured that folding wheelchairs will be purchased and made available on its flights to/from Canada.

As directed by the Agency, Olympic reimbursed Mr. Kapoulas the difference in cost between the Lufthansa and Olympic airfare ($382.90). The carrier has advised that it will reimburse Mr. Kapoulas for the other expenses (gas, parking and telephone costs) he incurred as a result of the undue obstacle as soon as it receives the receipts from Mr. Kapoulas.

ANALYSIS AND FINDINGS

The Agency has reviewed the documents and information submitted by Olympic and is of the opinion that the amendments made by the carrier to its standard reservations procedures should enhance communications between persons with disabilities and the carrier's personnel at the time of reservations. The Agency is also of the view that the amended procedures should help to ensure that persons with disabilities are provided with adequate information regarding the services that the carrier does provide to persons with disabilities, including the terms and conditions of those services; they should also assist the carrier to assess and determine, in consultation with the passenger, the needs of persons with disabilities and the level of assistance required.

On the issue of on-board wheelchairs, the Agency notes that Olympic has introduced new aircraft which will all have as standard equipment on-board folding wheelchairs. The Agency also notes that Olympic will ensure that folding wheelchairs are made available on all flights to or from Canada not operated with one of the newly purchased aircraft. The Agency commends Olympic for the initiative it has taken to acquire on-board wheelchairs as this will improve the accessibility of services that it provides to persons with disabilities by removing barriers faced by certain travellers.

The Agency finds that the measures undertaken by Olympic satisfy the requirements of Decision No. 244-AT-A-1998, and should assist in preventing the recurrence of situations such as the one experienced by Mr. Kapoulas and in eliminating undue obstacles to the mobility of persons with disabilities.

CONCLUSION

Based on the above findings, the Agency does not contemplate further action with respect to this matter.

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