Decision No. 126-C-A-2021

[1] The applicants purchased tickets for travel with the respondent from Cleveland, Ohio, to Edmonton, Alberta, via Toronto, Ontario, on December 1, 2019.

[2] A few hours before the scheduled departure of their flight from Cleveland to Toronto, the applicants tried to check in through the internet and were unable to do so, and they were also unable to reach the respondent by telephone. The applicants checked the status of the flight and learned that it had been cancelled. They had not received any notification from the respondent.

[3] The applicants contacted the travel agency with which they had booked the tickets, who suggested alternate arrangements; however, these alternatives were not suitable for the applicants, so they purchased new tickets with a different air carrier. The travel agency requested the respondent to issue a refund for the original tickets and the applicants received a refund for those tickets.

[4] The applicants seek an apology from the respondent, compensation for lost wages and compensation for the difference between the cost of the new tickets and the refund provided by the respondent.

[5] When dealing with an air travel complaint, the Agency’s jurisdiction extends to determining whether a carrier properly applied its tariff; the relevant provisions of Air Canada’s International Passenger Rules and Fares Tariff No. AC2 containing Local Rules, Farea & Charges on behalf of Air Canada Applicable to the Transportation of Passengers and Baggage between points in Canada/USA and points in Areas 1/2/3 and between the USA and Canada (Tariff) are set out in the Appendix. The applicants seek compensation for lost wages and an apology; however, the Agency does not have the authority to order either of these remedies.

[6] The applicants refer to compensation under the Air Passenger Protection Regulations, SOR/2019-150. However, the sections relating to flight cancellation did not come into effect until after the applicants travelled; therefore, the applicants are not entitled to this compensation.

[7] Rule 80(C)(3) of the Tariff requires the respondent to provide to passengers timely updates and the reason for the cancellation as soon as it is aware of the cancellation, and then every 30 minutes until a new departure time for the flight is set, and as soon as new information is available. Although the respondent failed to provide this information and thus did not properly apply it Tariff, there is no remedy available to the applicants.

[8] According to Rule 80(C)(4) of the respondent’s Tariff, in the event of a schedule irregularity, such as a flight cancellation, the respondent will transport the passenger to the destination on their ticket, or if the passenger no longer wishes to travel, it will provide them with an involuntary refund as described in Rule 100 of the Tariff. As their tickets were cancelled, the respondent was required to provide them with a refund.

[9] Rule 100(D)(2) of the Tariff states that, when no portion of the ticket has been used, a full refund will be issued. Given that the respondent refunded the applicants for the full amount of the tickets, the Agency finds that the respondent properly applied its Tariff. 

[10] In light of the above, the Agency dismisses the application.

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APPENDIX TO DECISION NO. 126-C-A-2021

International Passenger Rules and Fares, Tariff No. AC2 containing Local Rules, Fares & Charges on behalf of Air Canada Applicable to the Transportation of Passengers and Baggage between points in Canada/USA and points in Areas 1/2/3 and between the USA and Canada

Rule 80 Schedule Irregularities

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(C) Schedule Irregularity

….

      (3) Information to passengers

Air Canada will promptly provide timely updates, including the reason for the delay or cancellation:

(a) As soon as Air Canada is aware of such a delay or cancellation, and then:

(b) At regular intervals of 30 minutes until a new departure time for the flight is set, or new travel arrangements for passengers have been made; and

(c) As soon as possible when new information is available.

      (4) In the event of a scheduled irregularity, carrier will either:

        Note: Additional services are provided to on my way customers, as detailed below):

(a) Carry the passenger on another of its passenger aircraft or class of service on which space is available without additional charge regardless of the class of service; or, at carrier’s option;

(b) Endorse to another air carrier with which Air Canada has an agreement for such transportation, the unused portion of the ticket for purposes of rerouting; or at carrier’s option;

(c) Reroute the passenger to the destination named on the ticket or applicable portion thereof by its own or other transportation services; and if the fare for the revised routing or class of service is higher than the refund value of the ticket or applicable portion thereof as determined from rule 100, carrier will require no additional payment from the passenger but will refund the difference if it is lower or.

(d) If the passenger chooses to no longer travel or if carrier is unable to perform the option stated in (a) (b) or (c) above within a reasonable amount time, make involuntary refund in accordance with rule 100 (an exception to the applicability of a refund occurs where the passenger was notified of the schedule irregularity prior to the day of departure and the schedule irregularity is of 60 minutes or less) or,

(e) Upon request, for cancellations within Air Canada’s control, return passenger to point of origin and refund in accordance with rule 100 as if no portion of the trip had been made (irrespective of applicable fare rules), or subject to passenger’s agreement, offer a travel voucher for future travel in the same amount; or, upon passenger request.

(f) For cancellation within Air Canada’s control, If passenger provides credible verbal assurance to Air Canada of certain circumstances that require his/her arrival at destination earlier than options set out in subparagraph (a) above, or, for on my way customers, for cancellation within or outside carrier’s control, Air Canada will, if it is reasonable to do so, taking all circumstances known to it into account, and subject to availability, buy passenger a seat on another carrier whose flight is schedule to arrive appreciably earlier than the options proposed in (a) above.  Nothing in the above shall limit or reduce the passenger’s right, if any, to claim damage, if any, under the applicable convention, or under the law when neither convention applies.

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Rule 100 Refund

(A) General

Refund by carrier: for unused ticket or portion thereof, or miscellaneous charges order, refund will be made in accordance with this rule.

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(D) Carrier – Caused Refunds

        ….

(2) The amount of involuntary refunds will be as follows, unless otherwise provided elsewhere in this tariff and subject to applicable law:

             (a) When no portion of the trip has been made, … a full refund will be issued.