Decision No. 132-C-A-2023

[1] Mandy Laninga was scheduled to travel with Flair from Toronto, Ontario, to Winnipeg, Manitoba, on August 29, 2021. Her flight was delayed multiple times before it was cancelled. Ms. Laninga declined Flair’s rebooking onto its next flight to Winnipeg, on September 1, 2021, and obtained a refund from Flair for the unused portion of her ticket. Ms. Laninga then purchased a new ticket to travel to Winnipeg with WestJet on August 30, 2021.

[2] Ms. Laninga seeks compensation for inconvenience under the Air Passenger Protection Regulations (APPR), and for the difference between the cost of her new ticket with WestJet and the refund provided by Flair.

[3] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether Flair properly applied the terms and conditions that were applicable to the ticket that Ms. Laninga purchased, as set out in its Tariff. The Tariff is a legal document that contains the terms, conditions and other rules that apply to the passenger’s ticket.

[4] If the Agency finds that the respondent has failed to properly apply its Tariff, it 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.

[5] Flair did not file a copy of the domestic Tariff applicable to Ms. Laninga’s ticket, but it states in its answer that the Tariff incorporates the APPR. Further, the Canada Transportation Act provides that APPR obligations are deemed to form part of the terms and conditions set out in the carrier’s Tariff, insofar as the terms and conditions of the Tariff are not more advantageous. Therefore, the applicable Tariff for this itinerary included Flair’s obligations under the APPR. The Agency will consider these obligations in this decision.

[6] Ms. Laninga submits that she requested compensation for inconvenience from Flair because her flight was postponed for nearly 15 hours before being cancelled, but Flair did not respond to her request.

[7] Flair submits that Ms. Laninga’s flight was cancelled due to unscheduled maintenance, and that, under the APPR, cancellations for that reason are classified as within the carrier’s control but required for safety.

[8] Although Flair submits that the flight was cancelled due to unscheduled maintenance, it does not explain what maintenance needed to be performed, why it was required for safety purposes, or why and how it led to the cancellation of Ms. Laninga’s flight. When a carrier claims that a disruption was within its control but required for safety purposes, it must establish that claim by providing evidence to support its categorization of the disruption, given that the relevant information is in its possession. In this case, Flair did not provide any explanation or evidence to support its characterization of the cancellation, such as flight information or maintenance reports. For this reason, the Agency finds that Flair failed to demonstrate that the cancellation was required for safety purposes. Accordingly, the Agency finds that the cancellation of Ms. Laninga’s flight was within Flair’s control.

[9] Under the APPR, when a flight is cancelled due to a situation within the carrier’s control, the carrier must provide alternative travel arrangements — or, if the alternative travel arrangements do not meet the passenger’s needs, a refund of the unused portion of their ticket — and compensation for inconvenience. Given that Ms. Laninga declined Flair’s alternative travel arrangements and was refunded the unused portion of her ticket, the Agency finds that Ms. Laninga is not entitled to compensation for the new ticket she purchased with WestJet. Given that Ms. Laninga was informed of the cancellation of her flight less than 14 days before the departure time and that she opted for a refund of the unused portion of her ticket, the Agency finds that Ms. Laninga is entitled to compensation for inconvenience in the amount of CAD 125.

Order

[10] In light of the above, the Agency orders Flair to compensate Ms. Laninga in the amount of CAD 125, as soon as possible and no later than October 13, 2023.