Decision No. 113-C-A-2020

SUMMARY

[1] Mr. Munyaka filed an application with the Canadian Transportation Agency (Agency) against WestJet concerning a reservation change.

[2] Mr. Munyaka seeks a refund in the amount of a CAD 196 for the difference in fare he paid for a reservation change, interest on the period for which this refund was outstanding, and an additional unspecified amount for the costs and inconvenience related to the dispute.

[3] The Agency will address the following issue:

Did WestJet properly apply the terms and conditions set out in its International/Transborder Passenger Fares and Rules Tariff No. WS-1 Containing Local and Joint Rules, Fares and Charges on Behalf of WestJet Airlines, Ltd Applicable to the Transportation of Passengers and Baggage Between Points in the United States/Canada and Points in Area 1/2/3 and Between Points in the US and Points in Canada, NTA(A) No. 518 (Tariff) relating to reservation changes, as required by subsection 110(4) of the ATR?

[4] For the reasons set out below, the Agency finds that WestJet properly applied Rule 15 of its Tariff related to rates and charges. Accordingly, the Agency dismisses the application.

BACKGROUND

[5] Mr. Munyaka attempted to use WestJet’s website to book round-trip tickets for himself and his minor son using a companion voucher between Regina, Saskatchewan, and London, United Kingdom, via Calgary, Alberta, departing April 26, 2019, and returning May 15, 2019. WestJet’s online booking system informed Mr. Munyaka to contact WestJet by phone in order to make the booking and coordinate the application of the child exemption from the United Kingdom Air Passenger Duty (Air Passenger Duty). Mr. Munyaka completed the reservation by phone on April 12, 2019, and was provided a copy of the e-tickets outlining the itinerary (original reservation), although the Air Passenger Duty’s child exemption was not applied at this time.

[6] Mr. Munyaka called WestJet on April 25, 2019, to change his return flight as he believed that it was incorrectly booked by WestJet’s agent on April 12, 2019. WestJet’s agent advised him during this phone call that the 24-hour period for making changes without fees had passed and that he would be responsible for paying any associated change fee and difference in fares. Mr. Munyaka was informed that, in this case, WestJet would waive the change fee but that he would be responsible for paying the fare difference of CAD 196 for the new return tickets, which he paid. Mr. Munyaka was then provided new e-tickets with his new itinerary.

[7] Mr. Munyaka sent an email to WestJet on May 6, 2019, to request a refund of CAD 196 for the fare difference. WestJet declined the requested refund and, on May 7, 2019, confirmed that it had refunded, to the original form of payment, the Air Passenger Duty for his minor child in the amount of CAD 135.96.

PRELIMINARY MATTERS

Compensation for inconvenience

[8] Mr. Munyaka requests that he be compensated an unspecified amount for inconvenience, stress and anxiety.

[9] The Agency does not have the jurisdiction to order compensation for inconvenience or pain and suffering in respect of cases which involve alleged contraventions of carriers’ tariff-related obligations.

Mr. Munyaka’s request that WestJet produce audio recordings

[10] Pursuant to section 24 of the Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings), SOR/2014-104 (Rules), Mr. Munyaka filed a request that WestJet produce a copy of the audio recording of the call where he made his original reservation. He argues that this recording will confirm that he did not accept the details of the original reservation.

[11] WestJet did not address the request in its answer.

[12] Rule 15(C)(2)(a) of the Tariff provides that a passenger has 24 hours to make changes to their reservation without additional charge. Mr. Munyaka was provided a copy of his original reservation on the date it was booked, allowing him the opportunity to review the details of the reservation and make changes without additional charge within 24 hours. Such a change was not made within 24 hours.

[13] Accordingly, the Agency finds that the contents of the call are irrelevant in determining whether WestJet properly applied the relevant terms and conditions of the Tariff, as the Tariff permits a passenger to address any errors or omissions within 24 hours without incurring a charge.

[14] Subsection 5(2) of the Rules allows the Agency to do anything of its own initiative that may be done by request under the Rules. Although Mr. Munyaka did not formally ask the Agency to require WestJet to respond to his original request, the Agency declines to do so pursuant to subsection 5(2) and section 32 of the Rules, in effect denying his request.

THE LAW AND RELEVANT TARIFF PROVISIONS

[15] Subsection 110(4) of the ATR requires that an air carrier operating a service apply the terms and conditions of carriage set out in its tariff.

[16] If the Agency finds that an air carrier has failed to properly apply its tariff, section 113.1 of the ATR empowers the Agency to direct the carrier to:

(a) take the corrective measures that the Agency considers appropriate; and

(b) pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and conditions set out in the tariff.

[17] The relevant provisions of the Tariff are set out in the Appendix.

POSITIONS OF THE PARTIES

Mr. Munyaka

[18] Mr. Munyaka claims that WestJet’s agent incorrectly booked his original reservation and should be responsible for covering the costs he incurred for correcting the error. He argues that WestJet has not acted fairly and refuses to take responsibility for its errors.

WestJet

[19] WestJet is of the position that the application should be dismissed.

[20] WestJet submits that Mr. Munyaka was provided the details of his original reservation by email on April 12, 2019, and that, per the Tariff, passengers are required to review their reservation and have 24 hours to make a change or cancel it without penalty. It states that Mr. Munyaka failed to make changes in this 24-hour period and was therefore responsible for paying the difference in fares when his return tickets were changed on April 25, 2019.

ANALYSIS AND DETERMINATIONS

[21] The onus is on the applicant to establish, on a balance of probabilities, that the carrier has failed to properly apply the terms and conditions of carriage set out in its tariff.

[22] Rule 15(C)(2)(a) of the Tariff provides that a passenger who has made a booking through WestJet’s website or call centre may make a change within 24 hours of their booking without additional charge. Rule 15(C)(2)(c)(i) of the Tariff provides that outside this 24‑hour period a passenger must pay the difference in fares if a change is made to a higher fare product, in addition to any change fees. Rule 15(C)(2)(f) of the Tariff provides that the carrier may waive the requirement for a passenger to pay the change fee when a change is made to their reservation outside the initial 24-hour grace period for changes.

[23] Mr. Munyaka made his original reservation on April 12, 2019, and, based on the evidence provided by Mr. Munyaka, he was provided a copy of this original reservation on April 12, 2019. However, he did not contact WestJet until April 25, 2019, to make changes to his original reservation, a full 13 days after he received it and outside the 24-hour change period.

[24] As Mr. Munyaka made changes to his original reservation after the 24-hour period set out in Rule 15(C)(2)(a) of the Tariff, the Agency finds that WestJet properly applied Rules 15(C)(2)(f) and 15(C)(2)(c)(i) of its Tariff when it waived the change fee and charged Mr. Munyaka the fare difference for his reservation change on April 25, 2019.

CONCLUSION

[25] The Agency dismisses the application.

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APPENDIX TO DECISION NO. 113-C-A-2020

International/Transborder Passenger Fares and Rules Tariff No. WS-1 Containing Local and Joint Rules, Fares and Charges on Behalf of WestJet Airlines, Ltd Applicable to the Transportation of Passengers and Baggage Between Points in the United States/Canada and Points in Area 1/2/3 and Between Points in the US and Points in Canada, NTA(A) No. 518

RULE 15 – RATES AND CHARGES—INTERNATIONAL SERVICE

 ....

(C) Passenger Initiated Flight Modification

….

(2) Changes

(a) where a reservation is changed through the Carrier’s reservation centre or through the Carrier’s guest specific website within 24 hours of when the reservation was made, the passenger shall not incur a change fee.

….

(c) A passenger changing a reservation

(i) To a higher fare product or flight shall, in addition to the change fee, pay the difference in fare.

….

(f) Notwithstanding the above, the Carrier reserve the right to waive, in whole or part, the payment by any passenger of a change fee.

….