Decision No. 612-AT-A-2006
November 3, 2006
IN THE MATTER OF Decision No. 319-AT-A-2005 dated May 25, 2005 - Roberto Breno vs Alitalia-Linee Aeree Italiane S.p.A.
File No. U3570/04-25
In its Decision No. 319-AT-A-2005 dated May 25, 2005 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Roberto Breno concerning the difficulties he experienced with Alitalia-Linee Aeree Italiane S.p.A (hereinafter Alitalia) related to his flight from Toronto, Ontario, Canada to Lamezia, Italy, on September 10, 2003.
The Agency found that the seating assignment and the denied boarding constituted undue obstacles to Mr. Breno's mobility. As such, the Agency directed Alitalia to take the following corrective measures as set out in the Decision and indicated that it will review the appropriateness of the measures taken.
- Issue a bulletin to its reservation and check-in agents summarizing the incident experienced by Mr. Breno, without identifying him, and emphasizing the importance of maintaining appropriate levels of awareness and sensitivity to the particular needs of passengers with disabilities. In addition, the bulletin should i) emphasize the importance of following the carrier's policies and procedures with respect to the provision of services to persons with disabilities and ensure that these policies are clearly understood; ii) remind the carrier's representatives that a person with a disability shall receive priority over a person without a disability for the pre-booking of bulkhead seating, including at check-in; iii) highlight the importance for its representatives to initiate a dialogue with a person with a disability to ensure that the person is permitted to choose the seat that he/she considers the most appropriate in light of his/her needs.
- Incorporate into its training program the situation which developed with respect to the difficulties experienced by Mr. Breno, without naming him, and advise the Agency of the measures it has taken to ensure that Alitalia's policy on denied boarding compensation and advance seating policies and procedures are clearly understood and followed by its reservation agents and check-in agents and advise the Agency what steps were taken.
- Clarify its policies and procedures for assigning accessible seats to persons with disabilities, both at the time of booking and at check-in, in terms of flights operated by Alitalia and in terms of flights operated on behalf of Alitalia by other carriers.
- Review and amend its International Passenger Rules and Fares Tariff No. NTA (A) 210, on file with the Agency, to clearly reflect Alitalia's policy with respect to seat selection for persons with disabilities, including advance seat selection.
- Reimburse Mr. Breno for the following expenses incurred as a result of the undue obstacle CAD$361.75 (CAD$10.00: telephone call to Italy; CAD$21.75: parking expense; and CAD$330.00: caregiver fee).
On June 24 and September 26, 2005, Alitalia filed its partial response to the Decision; Alitalia completed its response on October 4, 10 and 11, 2006.
The Agency has considered the measures taken in response to the Decision and is satisfied that Alitalia has met the requirements of the Decision. As such no further action is necessary in this matter.
- Guy Delisle
- Baljinder Gill
- Beaton Tulk