National Post

NewLeaf airfares suddenly delayed

Offers refunds until licence ‘ambiguity’ resolved

- Anwar Ali

In a sudden about face, New Leaf Travel Co., which began sales of ultra- low- cost airfares on Jan. 6, is temporaril­y halting sales while it waits for the country’s airline regulator to complete its review of licensing procedures.

In a statement late Monday afternoon, the Winnipegba­sed upstart carrier with destinatio­ns to seven secondary Canadian cities on its route map, said it would refund all bookings within 72 hours. Its first scheduled flight was to take place on Feb. 12. NewLeaf said it planned to resume ticket sales in the spring.

“During this uncertain time, we didn’t want to put anyone with existing bookings at risk, and we wanted to give customers time to make other travel arrangemen­ts,” said NewLeaf chief executive Jim Young in a statement, saying that “thousands” of customers had already reserved seats.

Last week Young told the Financial Post that NewLeaf was complying with rules from the Canadian Transporta­tion Agency, which is holding a public consultati­on until Friday on how it should evaluate licence requiremen­ts. The CTA also confirmed that NewLeaf would not require a domestic carrier licence, but that the situation might change after the review was complete.

NewLeaf had not planned to operate flights itself, but was initially contractin­g out flights through a “wet lease” arrangemen­t to charter provider Flair Airlines Ltd.

“Now, there is ambiguity in the air as to whether we need to amend the relationsh­ip with our air service provider, or whether we need to have a licence ourselves,” said Young.

The agency’s licensing review focuses on what it classifies as “indirect air service providers,” like NewLeaf.

On Monday, a CTA spokespers­on said “since the launch of its review process in the fall, the Agency has clearly explained that while the review of companies who bulk purchase all seats on planes and then resell those seats to the public, such as NewLeaf, was ongoing, such companies would not be required to seek air licenses.”

While many customers will likely be disappoint­ed that the opportunit­y for steeply discounted fares has been lost, at least for now, one consumer advocate is pleased.

“The rule of law prevailed over the narrow and private interests of the owners of NewLeaf,” said Gabor Lukacs, head of the advocacy group Air Passenger Rights, who had publicly warned that NewLeaf ’s lack of a licence could leave passengers without recourse if they needed to make a cost claim against the carrier.

At a press scrum in Winnipeg, Young said he was confident that his decision will not tarnish NewLeaf ’s reputation.

“I hope that our customers and people that are considerin­g flying on us will see that we’re actually wanting to be very upfront and honest,” he said, adding that no NewLeaf employees will be affected.

However, Raymond James analyst Ben Cherniavsk­y doubts NewLeaf will take reservatio­ns again. “NewLeaf looked like a rather bad idea from the beginning. Now we are pretty certain it will never get off the ground,” Cherniavsk­y wrote in a note.

Airline industry consultant Robert Kokonis sees NewLeaf ’s move as a temporary setback and dismisses any concerns that consumers will be reluctant to book again with NewLeaf.

“I think NewLeaf is doing the right thing by suspending ( sales),” said Kokonis.

However, now that the issue of licensing requiremen­ts has come into the public eye, Kokonis believes it needs to be escalated beyond the agency level into the hands of the federal government.

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