Decision No. 113-C-A-2021

[1] Linda Souraya purchased round-trip tickets to travel from Calgary, Alberta, to Abbotsford, British Columbia, with Flair. When she arrived at the airport in Abbotsford for her return flight on February 26, 2020, she was informed that her flight had been cancelled. Ms. Souraya states that Flair offered to transport her on a flight two days later, which she found unacceptable, so she purchased a ticket from a different carrier at a cost of CAD 408.58. According to the correspondence between Ms. Souraya and Flair that she provided, Flair has provided her with a refund of CAD 118 for her ticket for the cancelled flight, and offered her CAD 125 or a travel credit of CAD 250 as compensation. Ms. Souraya seeks reimbursement for the cost of the ticket that she purchased from another carrier.

[2] Pleadings opened on September 14, 2021. Flair was given until October 6, 2021, to file its answer and to provide its applicable domestic tariff. Flair did not acknowledge receipt of the letter nor did it file its answer or its tariff. The Agency’s Secretariat sent a further email to Flair on September 22, 2021. Again, Flair failed to submit its tariff.

[3] The Agency therefore finds that Flair is in default in filing an answer to the application.

[4] Consequently, the Agency accepts Ms. Souraya’s evidence as undisputed. In light of the uncontested claims of Ms. Souraya, the Agency finds that Flair did not properly apply the terms and conditions set out in its tariff regarding cancelled flights. Accordingly, the Agency awards Ms. Souraya the amount of CAD 290.58, which constitutes the difference between the amount that she was refunded for her cancelled flight and the cost of her replacement ticket.

ORDER

[5] Pursuant to section 67.1 of the CTA, the Agency orders Flair to compensate Ms. Souraya in the amount of CAD 290.58, and to notify the Agency when it has done so. Flair is to pay this amount to Ms. Souraya as soon as possible and no later than December 9, 2021.