Decision No. 102-C-A-2022

[1] Wai Yan Cheng purchased a round-trip ticket from TAP for travel between Toronto, Ontario, and Ponta Delgada, Portugal, via Lisbon, Portugal, departing on February 13, 2020, and returning on February 20, 2020. Ms. Cheng later cancelled her reservation, claiming that it was due to the onset of the pandemic, and she was provided a refund minus a fee. Ms. Cheng seeks a full refund of her ticket.

[2] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether TAP properly applied its Tariff^{Note 1} to the ticket Ms. Cheng purchased. The relevant provisions of the ATR and the Tariff are set out in the Appendix.

[3] Ms. Cheng claims that she cancelled her ticket due to the pandemic and argues that she should have been provided with a full refund. TAP submits that this argument does not have any merit as the World Health Organization declared a global pandemic on March 11, 2020, several weeks after the flights had operated.

[4] TAP claims that Ms. Cheng paid CAD 466.55 for her ticket. However, TAP filed documentation showing the refund that it issued to Ms. Cheng. This documentation shows that TAP collected CAD 466.55 from Ms. Cheng by credit card and an additional CAD 22.00 by debit card, for a total of CAD 488.55. Ms. Cheng’s ticket shows that she paid CAD 488.55. Therefore, the Agency finds that the cost of Ms. Cheng’s ticket was CAD 488.55.

[5] In support of her claim that she did not receive a full refund of the amount paid for her ticket, Ms. Cheng provides a copy of her credit card statement showing that on February 17, 2020, TAP refunded CAD 306.55 to her credit card. TAP provided evidence showing that on February 21, 2020, it provided Ms. Cheng with a refund in the amount of CAD 328.55, which included a refund of CAD 306.55 and another of CAD 22.00. Based on this evidence, the Agency accepts that TAP refunded Ms. Cheng in the amount of CAD 328.55 when she cancelled her flight.

[6] According to Rule 90(C)(3) of the Tariff, when a passenger requests a voluntary refund of a ticket and no portion of that ticket has been used, the amount of the refund will be the full amount of the fare paid, less any applicable cancellation fee and service charges. TAP submitted evidence of the fare rules associated to Ms. Cheng’s ticket, which includes a cancellation fee of CAD 80 per fare component. It has also provided a copy of Ms. Cheng’s ticket, showing that the ticket consists of two fare components, which indicates that the total cancellation penalty was CAD 160. Therefore, Ms. Cheng’s was entitled to a refund of CAD 328.55. Given that TAP refunded her that amount in February 2020, the Agency finds that TAP properly applied Rule 90(C)(3) of its Tariff.

[7] Based on the above, the Agency dismisses the application.
 

APPENDIX TO DECISION 102-C-A-2022

Air Transportation Regulations, SOR/88-58

110(4) Where a tariff is filed containing the date of publication and the effective date and is consistent with these Regulations and any orders of the Agency, the tolls and terms and conditions of carriage in the tariff shall, unless they are rejected, disallowed or suspended by the Agency or unless they are replaced by a new tariff, take effect on the date stated in the tariff, and the air carrier shall on and after that date charge the tolls and apply the terms and conditions of carriage specified in the tariff.

International Passenger Rules and Fares Tariff TP1 Containing Local Rules, Fares and Charges on Behalf of Tap Portugal Applicable to the Transportation of Passengers and Baggage Between Points in Canada/USA and Points in Area 1/2/3, CTA 314

Rule 90 Refunds

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(C)  VOLUNTARY REFUNDS

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(C)  (3) IF NO PORTION OF A TICKET HAS BEEN USED, THE REFUND WILL BE THE FULL AMOUNT OF THE FARE PAID LESS ANY CANCELLATION FEE AND/OR SERVICE CHARGE.