Decision No. 143-C-A-2021

[1] The applicants purchased two round-trip tickets with the respondent to travel from Kelowna, British Columbia, to Huatulco, Mexico, via Vancouver, British Columbia, departing on November 22, 2020. The respondent cancelled the applicants’ flights because of the COVID-19 pandemic. Initially, the respondent provided the applicants with a credit; on October 18, 2021, the respondent refunded the cost of the tickets to the applicants. The applicants argue that refunds should be provided on a more timely basis than what was done in their case.

[2] When dealing with an air travel complaint, the Agency’s jurisdiction extends to determining whether a carrier properly applied its terms and conditions of carriage as set out in its tariff. If the Agency finds that a carrier has failed to properly apply its tariff, it may direct the carrier to take the corrective measures it considers appropriate, or to pay compensation for any expenses incurred by a person adversely affected by its failure. In this case, the applicants do not allege that the respondent has contravened any of the applicable terms and conditions of carriage that are set out in its International Passenger Rules and Fares Tariff No. WS1 Containing Local Rules, Fares & Charges on Behalf of WestJet Applicable to the Transportation of Passengers and Baggage Between Points in United States/Canada and Points in Area 1/2/3 and Between the US and Points in Canada, CTA No. 518 (Tariff), nor do they make any claims for expenses that they incurred as a result of the flight cancellations. Rather, the applicants identify what they think the terms and conditions should be, instead of what they are or how they have been contravened.

[3] The timeliness of refunds is being addressed in the proposed Regulations Amending the Air Passenger Protection Regulations, which was published on July 3, 2021, in Part I of the Canada Gazette for public review and comment.

[4] As there are no terms and conditions of carriage in the Tariff applicable to the applicants’ travel that impose a timeline for the provision of refunds, nor any remedy available to the applicants, the Agency dismisses the application.