Decision No. 15-C-A-2022

[1] The applicant purchased an Econo Fare ticket to travel from Thunder Bay, Ontario, to Toronto, Ontario, at 1:30 p.m. on April 5, 2020. The applicant checked in for the flight and paid a baggage fee online the night before. Upon arrival at the airport check-in counter, however, the respondent’s agent refused to allow the applicant to check a piece of baggage. As the applicant was unwilling to travel without their baggage, which was too large to carry in the cabin, the respondent charged them a CAD 150.00 “late show” fee to be rebooked on the same flight the next day.

[2] The applicant seeks a refund of the “late show” fee and compensation for expenses incurred for hotel accommodation and meals during the delay, in the amount of CAD 155.28. The applicant also complains of poor customer service.

[3] For this application, the role of the Canadian Transportation Agency (Agency) is to determine whether the respondent properly applied the rules applicable to the ticket purchased by the applicant, as set out in its tariff. If the Agency finds that the respondent failed to do so, the Agency may direct it to pay compensation for any expenses incurred by a person adversely affected by that failure. The relevant provisions of WestJet’s Domestic Tariff (Tariff) are set out in the Appendix.

[4] The customer service issue raised by the applicant falls outside the Agency’s jurisdiction. Therefore, it will not be considered.

[5] In this case, the parties disagree about whether the applicant missed the baggage check‑in deadline. When the parties disagree, the applicant must show that their version of events is the one that is more likely to have occurred.

[6] According to Rule 40(F)(2)(a) of the Tariff, checked baggage is accepted until 45 minutes before departure. The applicant claims that they arrived at the check-in counter at 11:45 a.m., one hour in advance of that deadline, and that the airport was completely empty at the time, with no other passengers around. However, the respondent provided a Passenger Name Record noting that check-in was closed by the time the applicant arrived, such that the agent was unable to check in the applicant’s baggage. The respondent’s position is also supported by the ticket history indicating that the applicant was offloaded from the flight at 1:19 p.m., local time, and a Post-flight Manifest showing that six other passengers checked in at the counter between 11:24 a.m. and 12:19 p.m. local time, including one at 11:46 a.m. Therefore, the Agency finds, on the balance of probabilities, that the applicant arrived at the check-in counter after the baggage check‑in deadline.

[7] Rule 40(F) of the Tariff further states that WestJet may not be able to transport baggage from guests who fail to meet the baggage check-in deadline. The Agency finds that the respondent properly applied Rule 40(F) when it refused to check in the applicant’s baggage due to their late arrival at the counter.

[8] Consequently, the Agency finds that the applicant is not entitled to compensation for their hotel accommodation and meal expenses, as they were not incurred as a result of a contravention.

[9] However, in regard to the “late show” fee, subsection 67(3) of the CTA prohibits carriers from applying terms of carriage not set out in the applicable tariff. Although Rule 40(C)(4)(ii) of WestJet’s Tariff states that Econo Fare passengers may make same‑day flight changes at check-in for a CAD 100.00 fee, the Tariff does not set out a “late show” fee or any other fee in the amount of CAD 150.00. Therefore, the Agency finds that the respondent contravened subsection 67(3) of the CTA when it charged the applicant CAD 150.00 to change their flight. Accordingly, the Agency finds that the applicant is entitled to a refund of this fee.

ORDER

[10] Pursuant to subsection 67.1(c) of the CTA, the Agency orders the respondent to refund the applicant the “late show” fee in the amount of CAD 150.00. The respondent is to pay this amount to the applicant as soon as possible and no later than March 28, 2022.

---

APPENDIX TO DECISION NO. 15-C-A-2022

Canada Transportation Act, SC 1996, c 10

67 

….

No fares, etc., unless set out in tariff

(3) The holder of a domestic licence shall not apply any fare, rate, charge or term or condition of carriage applicable to the domestic service it offers unless the fare, rate, charge, term or condition is set out in a tariff that has been published or displayed under subsection (1) and is in effect.

….

Fares or rates not set out in tariff

67.1 If, on complaint in writing to the Agency by any person, the Agency finds that, contrary to subsection 67(3), the holder of a domestic licence has applied a fare, rate, charge or term or condition of carriage applicable to the domestic service it offers that is not set out in its tariffs, the Agency may order the licensee to

(a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs;

(b) compensate any person adversely affected for any expenses they incurred as a result of the licensee’s failure to apply a fare, rate, charge or term or condition of carriage that was set out in its tariffs; and

(c) take any other appropriate corrective measures.

WestJet Domestic Tariff

Rule 40: Reservations

….

(F) Check-in Time Limits

1. Recommended check-in times

The cut-off times below may not represent the amount of time required to drop off Baggage and to go through security. Guests should arrive at the airport at least 90 minutes before a Flight.

2. Check-In Cut-Off Times

	Online	Kiosk	Guest assistance
Available as early as	24 hours before your flight’s scheduled departure	24 hours before your flight’s scheduled departure	Three (3) hours before your flight’s scheduled departure
Domestic cut-off time before scheduled departure	45 minutes	45 minutes	45 minutes

1. Baggage will be accepted up to three (3) hours before departure. Checked Baggage is accepted until the Check-in Cut-Off Time for the Flight.
2. Guests travelling with a pet should check in 30 minutes before the recommended check-in times.
3. Guests travelling with oversized or overweight Baggage must check in 30 minutes before the Check-in Cut-Off Time listed above.
4. Guests are required to be at the departure Boarding Area 40 minutes before the scheduled time of departure.
5. The check-in counter may not be open until three hours before departure at some locations.

If the Guest fails to meet the time limits specified in the above chart, the Carrier may reassign any pre-reserved seat and/or cancel the Reservation of the Guest and the Carrier may not be able to transport the Guest’s Baggage. The Carrier shall face no liability due to the Guest’s failure to comply with this provision.

Note: In the case of Code-share, Guests are advised that the Reservations rules applicable to their transportation are those of the carrier identified on your Ticket and not of the carrier operating the Flight.

Note: It is recommended that the Guest provide the Carrier with a point of contact (email address and/or telephone numbers) in case the Carrier must communicate with the Guest prior to his/her departure or at any point during the Guest’s itinerary. The Carrier shall make a reasonable effort to inform its Guests of any delays or schedule changes.