Decision No. 89-AT-A-2007

February 23, 2007

File No. U3570/03-4

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[1] In its Decision No. 706-AT-A-2003 dated December 22, 2003 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Hugh Brazell concerning the seating assignment and the level of service provided by Skyservice Airlines Inc. carrying on business as Skyservice (hereinafter Skyservice) in the course of his round-trip between Calgary, Alberta, Canada and Holguin, Cuba departing on December 21, 2002 and returning on January 4, 2003.

[2] The Agency found that the seating assignment and the level of service that Skyservice provided to Mr. Brazell on his round trip between Calgary and Holguin constituted undue obstacles to his mobility. As such, the Agency directed Skyservice to take four corrective measures as set out in the Decision and indicated that it would review the appropriateness of the measures taken.

[3] In its Decision No. 136-AT-A-2005 dated March 11, 2005 (hereinafter the Show Cause Decision), the Agency indicated that it was satisfied that Skyservice had provided the information required by the Agency in the Decision and had complied with the first three corrective measures. Following its review of the required material, however, the Agency also made preliminary findings with respect to the fourth corrective measure, which were that:

• Skyservice's reservation process be modified to ensure that requests for specific services made by passengers with disabilities, as communicated to the tour operators with which Skyservice deals, are completely and accurately reflected in Skyservice's records in order that its check-in agents and ground personnel are in a position to know the specifics of such requests to ensure that the needs of passengers with disabilities will be met; and
• Skyservice ensure that all service requests are confirmed in writing to passengers with disabilities.

[4] With respect to the preliminary findings, the Agency provided Skyservice with an opportunity to show cause, within 30 days from the date of the Show Cause Decision, why the Agency should not:

1. order Skyservice to amend its reservation process to provide a mechanism whereby, in addition to International Air Transport Association (hereinafter IATA) codes, requests for specific services made by passengers with disabilities, as communicated to tour operators/travel agents, can be reflected in Skyservice's records, including the Advance Manifest, by way of written comments.
2. order Skyservice to confirm all service requests in writing to passengers with disabilities.

[5] Furthermore, Skyservice was advised that, in its response to the Show Cause Decision, it could identify alternative measures that would address the Agency's concerns; should it choose alternative measures, it must clearly demonstrate how such measures would address the Agency's concerns; and it could also file with the Agency any other information it considers relevant to the resolution of this matter. The Agency further indicated that upon receipt of Skyservice's response to the Show Cause Decision and of any additional information the Agency may request from Skyservice through interrogatories, the Agency would make a determination on the matter and would decide whether further action was required.

[6] On March 31, 2005, Skyservice requested a 60-day extension to comply with the Show Cause Decision. In its Decision No. LET-AT-A-101-2005 dated April 4, 2005, the Agency granted this request. On June 6, 2005, Skyservice filed its preliminary response to the Show Cause Decision in which it indicated that it had identified an alternative measure that, in its view, would respond to the Agency's direction to show cause, i.e., to initiate the use of the Gabriel Reservations System (hereinafter the Gabriel System). In its Decision No. LET-AT-A-197-2005 dated July 11, 2005, the Agency noted Skyservice's preliminary response and indicated that further information was needed to support the carrier's view that the measures taken would address the Agency's direction to show cause. Specifically, the Agency required an explanation as to how the Gabriel System will ensure that requests for specific services made by passengers with disabilities, as communicated to tour operators/travel agents, are accurately reflected in Skyservice's records in order that its check-in agents and ground personnel are in a position to know the specifics of such requests to ensure that the needs of passengers with disabilities will be met. Skyservice's explanation was to be supported by documentation concerning the Gabriel System. The Agency provided Skyservice until October 31, 2005 to file the documentation, which it did on November 4, 2005. Following discussions with Agency staff regarding the capabilities and likely date of implementation of its Gabriel System, Skyservice filed additional information on December 4, 2006.

Response to show cause

[7] Skyservice made submissions with respect to the two elements of the Show Cause Decision as follows:

1. Amendments to Skyservice's reservation process to provide a mechanism whereby requests for disability-related services can be reflected in the carrier's records by way of written comments

[8] In its preliminary response to the Show Cause Decision, Skyservice notes that, with respect to its present reservation system, passengers receive verbal confirmation of any "special" seat requests from their tour operators or travel agents and Skyservice receives a Passenger Name List (hereinafter PNL) from tour operators or travel agents 24 hours prior to the scheduled departure times, which lists all passengers and all "special" requests. Skyservice explains that it does not have access to a passenger's reservation record, nor does it have the ability to physically change the reservation information sent to it. Further, because it only receives the PNL 24 hours prior to the scheduled departure, the system does not permit Skyservice to know in advance which passengers will be travelling and what "special" requests have been made prior to the submission of the PNL.

[9] Skyservice advises, however, that it is planning to launch the use of a customized version of the Gabriel System, also known as SITA, which it describes as a complete passenger reservation system used by over 150 airlines globally, and which would give Skyservice the ability, among other things, to view and make any necessary changes or additions to passenger reservation files. More specifically, Skyservice explained that with this new system, when a passenger calls Skyservice to verify that a request was sent in from his/her travel agent or tour operator, Skyservice will be able to both confirm requests directly with the passenger and add comments, changes or notations to his/her file, if necessary.

[10] Furthermore, in addressing the Agency's concerns that there is a risk that persons with disabilities may experience undue obstacles when travelling if the only mechanism for recording a service request is using an IATA code, especially given that not all required services necessarily have a corresponding IATA code, Skyservice advises that once the Gabriel System is implemented, it will also have the ability to include comments in passengers' reservation files directly. While acknowledging that there may be some circumstances where written comments on a passenger's file will prove to be helpful, Skyservice also stresses the importance and the effectiveness of the worldwide use of IATA codes for "special" requests by setting out the following:

• not all tour operator systems have a manual comment area where additional information may be added;
• all airline employees are trained based on the international codes and, therefore, from an airline standpoint, "special" requests that need to be addressed at more than one destination are more correctly understood and interpreted by all employees and, thus, more accurately materialized using the standard codes;
• comments can be vague or misinterpreted. Skyservice provides the example of a situation where an agent might write "passenger requires wheelchair assistance", which does not give the precise details that the codes are designed to represent, such as whether the passenger needs to be lifted into and out of his/her wheelchair, whether he/she must be carried up or down steps or whether he/she must be carried to/from the cabin seat;
• important details required to properly meet the passengers' needs and expectations may be unintentionally omitted when comments are used instead of codes;
• depending on the language proficiency, for example, of employees in Varadero, Cuba receiving an English or French text request from Toronto, the written messages allow more room for misinterpretation; and
• IATA codes are much clearer and a more detailed mode of operation for employees in the travel industry, as they are defined and are understood by all employees involved, regardless of language or country of origin – for example, WCHC identifies the need to be carried on or off a wheelchair and to or from the cabin seat, WCHR identifies the need for a wheelchair, but notes the passenger's ability to climb stairs and WCHS identifies the need for a wheelchair but the passenger is able to walk to his/her seat.

[11] In its response to Decision No. LET-AT-A-197-2005, which required that Skyservice file further documentation to demonstrate how it meets the Agency's direction to show cause, Skyservice confirms that the Gabriel System permits the direct import of "special" passenger information regarding seating and other "special" needs, and transfers the information electronically to the appropriate stations and that, in doing so, it alleviates the manual transfer of passenger details and the possibility that a request may be overlooked or miscommunicated at one source. Skyservice notes, however, that the information must be inputted either at the time of booking by the travel agent, by the tour operator in advance of travel, or by the appropriate Skyservice agents, who will soon be able to access passenger booking details any time after the booking is confirmed. Skyservice further notes that if the "special" passenger information is not received by any of these sources, the carrier cannot be held responsible for missed requests.

[12] Skyservice further explains that 24 hours prior to departure, the tour operator's PNL will be downloaded to Skyservice's Departure Control System (DCS), which interfaces with the Gabriel System and provides automatic seat assignments, boarding passes and bag tag printing and which produces an IATA format PNL, and that the Cabin Services Manager will receive a copy of the final boarding list that contains all "special" service requests. Skyservice also notes that its personnel at the destination station will also have access to this information and any "special" service requirements upon arrival, such as wheelchair assistance, deplaning assistance, etc.

[13] Skyservice also filed the following documentation in response to Decision No. LET-AT-A-197-2005:

• sample copies of a PNL that would be viewed by Skyservice agents before the departure date, to which additional "special" requests can be added, and a PNL that would be viewed by the check-in agents with all the "special" requests noted; and
• product information for SITA's Gabriel System and SITA's Departure Control System.

2. Written confirmation of service requests to persons with disabilities

[14] Skyservice advises that, while it does not currently have access to passenger booking information or "special" requests until 48 hours prior to flight departure, once its personnel who will be responsible for using the Gabriel System are fully trained on accessing and amending passenger bookings, Skyservice will be in a position to add or confirm requests to passengers who contact the carrier. According to Skyservice, the process is expected to be completed by March 2007 and an advanced seat reservation system is also expected to be available to passengers on line by that date, at which time it will be possible to confirm seat requests in writing to passengers on line. Skyservice adds that all other requests received by other means, such as through travel agents, tour operators or directly by the airline can also be confirmed in writing.

Analysis and findings

[15] The Agency has considered the measures taken by Skyservice in response to the Show Cause Decision.

1. Amendments to Skyservice's reservation process to provide a mechanism whereby requests for disability-related services can be reflected in the carrier's records by way of written comments

[16] As noted in the Show Cause Decision, the Agency is of the opinion there is a risk that persons with disabilities may experience undue obstacles when travelling if the only mechanism for recording a service request is using an IATA code, especially given that not all required services necessarily have a corresponding IATA code. The Agency expressed the opinion that the ability to record written comments on a reservation file regarding service requests for persons with disabilities increases the likelihood that their needs are properly understood, thereby reducing the risk that the appropriate service will not be provided. Furthermore, the Agency expressed the opinion that extra written comments assist reservation or check-in agents in assessing the appropriateness of an IATA code, thereby affording agents an opportunity to seek clarification from persons with disabilities in order to avoid difficulties.

[17] Based on the information received from Skyservice, the Agency is satisfied that Skyservice has shown that in implementing the Gabriel System, its reservation process will provide a mechanism whereby, in addition to IATA codes, requests for specific services made by passengers with disabilities, as communicated to tour operators/travel agents, can be reflected in Skyservice's records by way of written comments. The Agency notes, however, Skyservice's submission that IATA codes are more universally understood than written comments, which can be vague and misinterpreted. The Agency is of the opinion that, while there will be circumstances where comments or a combination of codes and comments will provide a better understanding of the nature of a person's disability and the types of services he/she requires, where possible the IATA codes should be used to record service requests, as these codes provide common definitions for disability-related services. Furthermore, the Agency is of the opinion that the direct import of "special" passenger information regarding seating and other "special" needs, and the transfer of this information electronically to the appropriate stations, which will be possible when the Gabriel System becomes operational, will alleviate the manual transfer of passenger details and the possibility that a request may be overlooked or miscommunicated at one source.

[18] In light of the above, the Agency is satisfied that its concerns that services requested by persons with disabilities may not be accurately recorded by tour operators and communicated to Skyservice will be addressed with the implementation of the Gabriel System. As such, the Agency finds that Skyservice has shown cause that, with the implementation of the Gabriel System, it will be able to amend its reservation process to provide a mechanism whereby requests for specific services made by passengers with disabilities are completely and accurately reflected in Skyservice's records in order that its check-in agents and ground personnel are in a position to know the specifics of such requests to ensure that the needs of passengers with disabilities are met.

2. Written confirmation of service requests to persons with disabilities

[19] The Agency noted a second concern in the Show Cause Decision that neither Skyservice nor the tour operators that it deals with had procedures in place to provide persons with disabilities with written confirmation that the carrier had been made aware of their service requests and that the services would be provided. In this regard, the Agency expressed the opinion that some form of written confirmation should be provided to persons with disabilities acknowledging that the carrier is aware of their service requests.

[20] The Agency notes that Skyservice has advised that when the Gabriel System becomes operational, it will be able to confirm requests for services directly with passengers with disabilities who contact the carrier, as will travel agencies and tour operators and, further, that an Advanced Seat Request system is expected to be available to passengers on line at which time Skyservice will be in a position to confirm seat requests in writing to passengers by the same online source.

[21] In light of the above, the Agency is satisfied that its concerns that persons with disabilities be provided with written confirmation that the carrier had been made aware of their service requests and that the services would be provided will be addressed with the implementation of the Gabriel System, at which time Skyservice will be able to confirm requests for services directly with passengers with disabilities, as will travel agencies and tour operators. As such, the Agency finds that Skyservice has shown cause that it will be able to confirm all service requests in writing to passengers with disabilities when the Gabriel System becomes operational, which is expected to take place in March 2007.

Conclusion

[22] In light of the foregoing, the Agency is satisfied that Skyservice has shown cause that it is able to amend its reservation process to provide a mechanism whereby requests for specific services made by passengers with disabilities are completely and accurately reflected in Skyservice's records in order that its check-in agents and ground personnel are in a position to know the specifics of such requests to ensure that the needs of passengers with disabilities are met, and that Skyservice will be able to confirm all service requests in writing to passengers with disabilities when the Gabriel System becomes operational, which is expected to take place in March 2007. Accordingly, Skyservice is required to advise the Agency by April 1, 2007, whether its Gabriel System is operational or, in the event of a delay, of the projected date for its implementation.

Members

• Mary-Jane Bennett
• Beaton Tulk