Decision No. 124-C-A-2023

[1] The applicants purchased round-trip tickets to travel from Calgary, Alberta, to Mazatlán, Mexico, departing on October 26, 2019, and returning on April 22, 2020. The tickets were purchased using WestJet dollars, a companion voucher and a credit card, for a total amount of CAD 1,581.38.

[2] On March 29, 2020, the respondent cancelled the applicants’ return flight scheduled for April 22, 2020, and rescheduled them for May 9, 2020. On April 19, 2020, the respondent cancelled the applicants’ rescheduled flight. The applicants purchased new tickets with American Airlines to return on May 2, 2020.

[3] The applicants seek compensation in the amount of CAD 1,000 each under the Air Passenger Protection Regulations (APPR) and four business class tickets to use over the next five years.

[4] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether the respondent properly applied the terms and conditions applicable to the tickets that the applicants purchased, as set out in its Tariff.

[5] If the Agency finds that the respondent failed to properly apply its Tariff, the Agency may direct the respondent to take the corrective measures that the Agency considers appropriate or to pay compensation for any expense incurred by a person adversely affected by the respondent’s failure.

[6] The applicants are seeking four business class tickets to use over the next five years. However, the Agency does not have the authority to order the respondent to provide the applicants with business class tickets. The Agency will therefore not consider this aspect of the application.

[7] The applicants state that they incurred between CAD 2,900 and CAD 3,400 in expenses for new tickets, accommodations, baggage and meals, but they do not claim these amounts in their application.

[8] The Agency notes that the respondent provided the applicants with a refund of CAD 588.06 for the unused portion of the ticket in the form of a future travel voucher, which was later refunded to the original form of payment. The applicants have not made any claim with regard to refunds.

[9] The Agency will now examine the applicants’ request for compensation for inconvenience under the APPR in the amount of CAD 1,000 each following their flight cancellation.

[10] Under the APPR, when a passenger is informed of a flight cancellation 14 days or less prior to departure, the carrier must provide compensation for inconvenience if the reason for the cancellation is within its control.

[11] Due to the COVID-19 pandemic, the Agency issued Determination A-2020-42 on March 13, 2020, in which it provided temporary exemptions to carriers from providing compensation for inconvenience under the APPR if passengers were notified of a flight delay or cancellation within 72 hours of their departure time. These exemptions were effective immediately and were then extended in Determination A-2020-47 until June 30, 2020.

[12] The respondent cancelled Flight WS2213 on March 29, 2020, and informed the applicants more than 14 days prior to the applicants’ originally scheduled departure of April 22, 2020. The respondent then rebooked the applicants on Flight WS2209, scheduled to depart on May 9, 2020. On April 19, 2020, the respondent cancelled the rescheduled flight and notified the applicants of the cancellation more than 14 days in advance of travel.

[13] The respondent argues that the flights were cancelled due to the COVID-19 pandemic and restrictions on international travel. Whether the flight cancellations are within the carrier’s control or outside its control is not relevant to the analysis given that the applicants were informed of the flight cancellations more than 14 days prior to the original departure time.

[14] In light of the above, the Agency finds that the respondent properly applied its Tariff.

[15] Therefore, the Agency dismisses the application.