NDA use leaves airlines looking bad
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Hey there, time traveller!
This article was published 22/12/2023 (671 days ago), so information in it may no longer be current.
Many Manitobans are about to embark upon a holiday tradition: boarding an airplane to visit friends and family or to bask in warmer climes.
While some say the journey is half the fun, flying with Canada’s airlines has become almost all drudgery for passengers in recent years.
Lost baggage, cancelled or delayed flights and lengthy queues at security checkpoints are common complaints from travellers, and some Canadians have even been left stranded in foreign countries by airlines grounded with financial difficulties.

Nathan Denette / Canadian Press Files
Air Canada is one of the major Canadian airlines which have asked aggrieved passengers to sign non-disclosure agreements before agreeing to settlements.
Not everyone knows about Canada’s Air Passenger Protection Regulations, let alone know what compensation it entitles to those who are involuntarily bumped from an overbooked flight or if their checked baggage is damaged or lost.
Canada’s biggest airlines would like to keep it that way, if their recent actions are any indication.
Air Canada and WestJet, which between them account for about three-quarters of domestic air travel in Canada, have asked aggrieved passengers who have launched legal action to receive compensation for flight disruptions to sign non-disclosure agreements (NDAs) before agreeing to a settlement.
By signing the NDAs, other passengers who seek compensation might never know what airlines could offer if they are in a similar situation.
The loathsome tactic is the latest example of the depths to which Canada’s largest airlines have fallen when they balance customer service with the bottom line.
Cirium, an aviation analytics company, revealed in August that Air Canada ranked last in on-time performance among North America’s 10 largest airlines, landing just 51 per cent of its flights between June 19 and July 16 on time, which Cirium defines as within 15 minutes of its scheduled arrival.
It’s a drop from 55.6 per cent in the 2022 rankings, when it was also in last place.
WestJet was seventh at 64 per cent, an improvement from 60.7 per cent in 2022 and two spots higher from its ninth-place ranking a year ago.
Perhaps a glance at airline news south of the border can spur Canada’s airlines to do better.
The United States’ Department of Transportation fined Southwest Airlines US$140 million on Dec. 18 for violating consumer-protection laws after operational failures led to almost 17,000 cancelled flights during the 2022 Christmas period.
The penalty, which will go to future Southwest passengers affected by the airline’s delays, is 30 times higher than any previous fine issued to a U.S. airline and is in addition to more than US$600 million in compensation the U.S. government had already arranged for Southwest to pay.
Many passengers compare flying to days of aviation yesteryear, when attendants once served luxurious meals, but those wistful memories are best left to visits to the Royal Aviation Museum of Western Canada, not Seat 25C on the plane to Cancun.
While Canada’s airlines must improve their service, they aren’t the sole reason why flying has become such an ordeal.
Travellers can’t have it all, and ought to ease back the throttle on their expectations when they go to the airport.
Most passengers seek cheap airfares yet grumble about extra fees to check bags. Then, they struggle to fit their oversized carry-on luggage into tight overhead bins, often adding to delays and frustration for all.
Christmas is said to be the most wonderful time of the year, but it’s also the busiest. Before passengers compile lists of airline grievances, they would be wise to show some patience to gate agents and attendants, the faces of airlines, who really are trying their best to get people to their destinations safely.