Decision No. 133-C-A-2021
APPLICATION by Jaime Oh against Air Canada, pursuant to subsection 110(4) of the Air Transportation Regulations, SOR/88-58 (ATR), regarding an extension of her unused return ticket.
SUMMARY
[1] Jaime Oh filed an application with the Canadian Transportation Agency (Agency) against Air Canada seeking an extension of the unused portion of her return ticket for future travel.
[2] The Agency will address the following issue:
Did Air Canada properly apply the terms and conditions set out in its 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, CTA No. 458 (Tariff), relating to check-in and boarding time limits and refunds, as required by subsection 110(4) of the ATR?
[3] For the reasons set out below, the Agency finds that Air Canada properly applied Rules 70(C) and 100 of its Tariff, as required by subsection 110(4) of the ATR, when it did not grant Ms. Oh an extension to use her return ticket for future travel.
[4] Therefore, the Agency dismisses the application.
BACKGROUND
[5] Ms. Oh purchased a round-trip ticket from Hong Kong, China, to Calgary, Alberta, via Vancouver, British Columbia, departing on December 19, 2019, and returning on December 31, 2019, in the amount of HKD 8,977.00.
[6] Ms. Oh did not show up for her return flight on December 31, 2019.
[7] Ten days after her scheduled return flight, her mother contacted Air Canada requesting an extension of Ms. Oh’s ticket, claiming that she did not make her flight on December 31, 2019, due to illness.
[8] On February 2, 2020, Ms. Oh contacted Air Canada and restated the request for an extension.
[9] On February 16, 2020, Air Canada denied Ms. Oh’s extension request as she had purchased an Economy Basic ticket which is non-refundable and holds no credit for future travel.
[10] On April 17, 2020, Air Canada refunded the taxes in the amount of HKD 345.00 back to Ms. Oh for the unused portion of the ticket.
PRELIMINARY MATTER
Customer service issues
[11] Ms. Oh identifies customer service issues that she experienced with Air Canada and its agents when she filed her initial complaint on its website. However, the Agency does not have jurisdiction over client services issues. The Agency’s jurisdiction is limited to matters relating to Air Canada’s Tariff. Therefore, the Agency will not consider this part of the application.
THE LAW AND RELEVANT TARIFF PROVISIONS
[12] Subsection 110(4) of the ATR requires that an air carrier operating an international service apply the terms and conditions of carriage set out in its tariff.
[13] If the Agency finds that an air carrier has failed to properly apply its tariff, subsection 113.1(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 that are applicable to the service it offers and that were set out in the tariff.
[14] The relevant provisions of the Tariff are set out in the Appendix.
POSITIONS OF THE PARTIES
Ms. Oh
[15] Ms. Oh states that she was unable to travel on the return portion of her itinerary due to a sudden illness. After Air Canada did not address her request for an extension, she purchased a new one-way ticket to travel from Calgary to Hong Kong.
Air Canada
[16] Air Canada states that it denied Ms. Oh’s request on February 16 as she had purchased a basic fare ticket. Rule 100 of Air Canada’s Tariff sets out that Economy Basic tickets are entirely non-refundable and hold no credit for future travel. In this case, Ms. Oh purchased an Economy Basic ticket and she agreed to the terms and conditions as well as the fare rules of the ticket which did not permit changes and was non-refundable in the case of a cancellation or a no-show.
[17] Air Canada argues that it properly applied its Tariff.
ANALYSIS AND DETERMINATIONS
[18] 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.
[19] Rule 70(C) of Air Canada’s Tariff states that if a passenger fails to meet the check-in and boarding time limits, the carrier may reassign the seat and/or cancel the passenger’s reservation. In these situations, the carrier’s liability is limited to providing the passenger with a general refund in accordance with Rule 100.
[20] Rule 100(A)(1) of the Tariff states that Economy Basic tickets cannot be refunded and hold no credit for future travel. In this case, Ms. Oh agreed at the time of purchase to the terms and conditions as well as the fare rules and charges associated with her ticket. Given that she did not show up for her return flight, the Agency finds that Ms. Oh’s Economy Basic ticket was not eligible to be extended for future travel use.
[21] In light of the above, the Agency finds that Ms. Oh has not established that Air Canada failed to properly apply Rules 70(C) and 100 of its Tariff when it did not extend her ticket for future travel.
[22] The Agency therefore dismisses the application.
APPENDIX TO DECISION NO. 133-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, CTA No. 458
Rule 70 Check-in and Boarding Time Limits
(A) Check-In
(1) Recommended
The passenger is recommended to check-in at least 120 minutes (exception for Casablanca and Tel – Aviv:
180 minutes and for domestic flights: 90 minutes) prior to scheduled departure time of the flight on which he/she holds a reservation in order to permit completion of government formalities and departure procedures.
(2) Time limit
For international flights, passengers must check-in, with his/her baggage, if any, at least 60 minutes for domestic flights other than than Toronto city center, 45 minutes, and for domestic flights from Toronto city center, 20 minutes, prior to scheduled departure time.
(3) Passenger must check in via self-service device, or through an AC agent at the check‑in counter within the aforementioned check-in times. passengers checking baggage must check-in and drop off baggage within the above check-in times.
(B) Boarding
The passenger must be available for boarding at the boarding gate at least 15 minutes (exception for Tel Aviv 60 minutes, and Casablanca: 30 minutes, for domestic flights and flights to/from the U.S.: 15 minutes) prior to scheduled departure time of the flight on which he/she holds a reservation.
(C) If passenger fails to meet any of these requirements, the carrier may reassign pre‑reserved seat and/or cancel the reservation of such passenger(s) who arrives past the aforementioned time limits. Carrier is not liable to the passenger for loss or expense due to failure by a passenger to comply this rule. Carrier’s liability shall be limited to providing a general refund, per rule 100.
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.
(1) Economy basic tickets are entirely non-refundable and hold no credit for future travel. For all other nonrefundable tickets, the unused value may be used toward the purchase of another ticket within a year from date of issue if ticket is fully unused or from first departure date for partially used ticket, subject to any fee or penalty contained in applicable fare rules and subject to customer cancelling the booking prior to departure.
….
Member(s)
- Date modified: