Letter to Air Transat (1994)
Below is a copy of the letter sent to the [airline] company, also filed at the court. It lists the events, and is factual. . .
Costs were $66.00. In a small debts court in Quebec, it is the cost of filing the complaint. You will note that I was on the first of twenty flights with the same schedule that should all have been non smoking I obtained a judgment in the Quebec small debts court, which will hear cases up to three years after the event.So others have the time to complain if they had the same experience.I was informed that lawyers are not allowed in small debts court.
November 28, 1994
Mr. Philippe Sureau
Exec. V. P.
Air Transat
C.P. 2120
Succursale Place du Parc
Montreal
Quebec, H2W 2P6
Air Transat Flight 2410 May 12, 1993 Quebec City to London (Gatwick)
Schedule: Depart 22.30 Arrive 09.30
Dear Sir:
On December 6, 1993, I wrote to your company asking for reasonable compensation for being forced to inhale second hand smoke on the above six hour flight that was in breach of "The Non-Smokers' Health Regulations" of the Canadian Government.
On December 7, 1993, your M. C. St-Amant (who did not have the courtesy to reply to me), sent a reply to the CAA. I received a copy in January 1994.
The reply stated that it was not a breach of the Non-Smokers' Health Regulations. In fact, it was a breach of the regulations.
On January 24, 1994, Mr. Jean Lupien of the CAA then wrote to you on my behalf. He sent you the documents showing that your company had breached the regulations, and requested you to respond favourably to my request.
On February 14, 1994, Mr. A. Carle replied, regretting that second hand smoke from fellow passengers had caused discomfort, stating that "Air Transat recognizes the discomfort inherent in second-hand smoke inhalation", admitting that it was caused by your breach of regulations, and sending me a credit for $50.00.
On May 10, 1994, I wrote to you stating that the credit of $50.00 was unreasonable, and I returned the credit document to you.
On May 31, 1994, Mr A Carle replied to me, enclosing the cheque number 051995, (dated June 14, 1994) for $50.00 (which is returned with this letter). He also stated that I "did not specifically indicated the specific damages.... that (I) cannot substantiate".
I am therefore responding.
My ticket was purchased on the understanding that your 6 hour flight was smoke free.
1. I knew from having previously read a government publication that such flights were required to be smoke free.
2. Your document AVIS (copy enclosed) on the Safety and Comfort of All Passengers, confirms the information in the government document. It states the conditions under which I purchased (in Chicoutimi) a ticket for your six hour flight, (ie. you were to provide a smoke free flight). Your document (AVIS) stated that I must comply with the (non smoking) "regulations, in order that everyone may have a safe and enjoyable flight".
As the no smoking regulations were breached by your company, it follows that the flight was not as safe and enjoyable, as it would (and should) have been if your company had not breached the regulations, by allowing smoking on the flight.
Also, as you will know, separating non smokers and smokers does not eliminate the exposure to second hand smoke. (refs. S. p.14, B. p.1238) In fact, when air is recirculated the concentrations of pollutants increase. (ref. G2. p.238)
Further, on planes, like the B757, where the air conditioning system is designed to recirculate a substantial percentage of cabin air, the filters accomplish little or no filtration of odours or gases. (ref. D. p. 384)
I claim compensation of $3000.00 (three thousand dollars).
The flight was not as "safe and enjoyable" (ref. your document enclosed) as it would have been if the flight had been smoke free, as marketed by your company, on its enclosed document, cited above.
In addition, the discomfort and dangers to the health of ANYONE subjected to second hand cigarette smoke are well documented. (Your letter of February 14, 1994, cited above, also states that I "may be assured that Air Transat recognizes the discomfort inherent in second-hand smoke inhalation."
The reports of scientific studies show that it is impossible for ANYONE subjected to second hand smoke in an enclosed environment for several hours to avoid the discomfort and threats to their health.
I experienced discomfort and threats to my health and safety caused by second hand smoke for six hours, on what should have been a smoke free flight.
Specifically:
I suffered the following unavoidable effects, from the chemicals (contaminants and the pollutants) of the second hand smoke, in the plane, in which I travelled:
(a) Aggression.
The contaminants and the pollutants of second hand smoke constitute an aggression on the well being of the non smoker. (ref. government publication J. p.10). I was exposed to A CAUSE OF LUNG CANCER. (ref.S p.10)
(b) Tar
Tar sticking to my skin and impregnating my clothing and my hair. (ref. G1. p.3)
(c) Odour
The unpleasant smell of the second hand smoke, which remained in my clothing and my hair.
(d) IMMEDIATE Health Effects of Second-Hand Smoke (i) eye irritation, headache, nasal discomfort (I have had several operations, on my nose, and such discomfort was acute) sore throat. (ii) increased heart rate and blood pressure, (ref I. p.2) which adds to the stress and the possibility of subsequent more dangerous results. (iii) reduction of my ability to take in and use oxygen. (ref. I. p.2, S. p.11, E. p.1-6, 1-15)
(iv) dislodgement of cells lining blood vessels (ref. c. p.3). (v) small scars on the alveoli of the lungs (ref. G1. p.6).
I trust that you will reexamine my claim, and offer me the requested compensation for suffering the aggression and effects of the second hand smoke, during the flight.
However, if I do not receive a reply, that is satisfactory to me, by December 15, 1994, I intend to take legal action.
I look forward to hearing from you.
Yours truly,
Dr. I. Gasson
Enclosures:
(1) Cheque for $50.00
(2) Copy of Air Transat document AVIS.
e-mail livo@saglac.qc.ca
e-mail livo@saglac.qc.ca
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