Decision No. 15-C-A-2023

[1] The applicant had a ticket to travel with the respondent from Paris, France, to Medicine Hat, Alberta, via Calgary, Alberta, on August 19, 2020; however, the respondent cancelled both flights. The applicant’s flight from Paris to Calgary was rebooked on August 21, 2020, but the respondent was unable to provide another flight from Calgary to Medicine Hat until the following day, August 22, 2020. The respondent offered to provide the applicant with hotel accommodation and meal vouchers for the overnight stay in Calgary, but the alternate travel arrangements did not accommodate her travel needs. The applicant changed the destination of her ticket to Calgary and Mr. Wikjord took time off work to drive to Calgary from Medicine Hat to pick her up.

[2] The applicant seeks compensation in the amount of CAD 316.44 for the expenses that Mr. Wikjord incurred driving to Calgary from Medicine Hat to pick her up from the airport and driving her back to Medicine Hat; CAD 469.19 in lost wages for the time Mr. Wikjord had to take off work to do so; and compensation in the amount of CAD 1,000 under the Air Passenger Protection Regulations (APPR); for a total of CAD 1,785.63.

[3] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether the respondent properly applied its Tariff to the applicant’s ticket. 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 it considers appropriate, or to pay compensation for any expense incurred by a person adversely affected by the respondent’s failure.

Preliminary matter

[4] The Agency does not have the authority to award compensation for lost wages due to a carrier’s failure to properly apply its Tariff and therefore will not consider that part of the application.

Method of communication

[5] The Tariff and the APPR provide that when the respondent cancels a flight, it will communicate with the passenger in the method which they prefer. Under the Tariff, the passenger must provide their appropriate contact information at the time of booking and update the carrier with any changes to that information.

[6] In this case, the respondent provided evidence that it notified Mr. Wikjord of the cancellation on July 14, 2020, using the email address that it had on file. However, Mr. Wikjord did not see the notification, and the applicant only found out about the flight cancellation when she tried to check in. Mr. Wikjord expressed his dissatisfaction to the respondent that they were notified of the cancellation by email, as he would have preferred being notified by telephone or by text. The respondent submits that it properly communicated with the applicant through the email address that was provided at the time of booking.

[7] There is no evidence that Mr. Wikjord or the applicant advised the respondent prior to the flight’s cancellation of a change in the preferred method of communication. Therefore, the Agency finds that the respondent properly applied its Tariff in communicating with the applicant.

Flight cancellation

[8] The respondent’s obligations in the event of a flight cancellation differ depending on whether the flight cancellation is within the respondent’s control.

[9] The respondent argues that the cancellation was outside its control because it was “due to the COVID19 pandemic, including travel restrictions, closures of borders and significantly reduced travel demands.” While the events described by the respondent are indicative of a difficult operating environment for air carriers generally, the respondent did not explain what happened in the specific circumstances of the applicant’s flight and also did not file any evidence supporting its claim that the flight cancellation was outside its control. Therefore, the Agency finds that the cancellation was within the respondent’s control.

[10] The Tariff and the APPR provide that when a flight cancellation is within the respondent’s control, the carrier is to provide alternate travel arrangements. If the alternate travel arrangements do not meet the passenger’s travel needs, the respondent must refund the unused portion of the passenger’s ticket.

[11] Mr. Wikjord, acting on behalf of the applicant, refused the alternate travel arrangements offered by the respondent because he did not want her to stay in Calgary overnight by herself. Therefore, the alternate arrangements did not meet the applicant’s needs. The respondent submits that it did not refund the unused portion of her ticket because it amounted to less than CAD 5.00. Although it provided a table of the calculation for the unused portion of the ticket, it did not explain the data and the method of calculation used to arrive at this amount. In addition, neither the Tariff nor the APPR provide for an exception for a refund under a certain amount.

[12] Therefore, the Agency finds that the respondent did not properly apply its Tariff when it did not refund the unused portion of the applicant’s ticket.

Compensation

[13] The respondent must provide compensation for a cancellation that is within its control if the passenger was notified of the cancellation within 14 days of the originally scheduled departure.

[14] In this case, the evidence demonstrates that the respondent notified the applicant of the cancellation on July 14, 2020, more than 14 days prior to the originally scheduled departure. Therefore, the Agency finds that the applicant is not entitled to compensation for inconvenience.

Order

[15] The Agency orders the respondent to:

1. refund the applicant the unused portion of the ticket;
2. notify the Agency once the refund of the unused portion of the ticket has been issued to the applicant; and
3. file with the Agency, with a copy to the applicant, a detailed summary of how the refund was calculated.

The above must be done as soon as possible and no later than March 14, 2023.

[16] If the Agency is not satisfied with the calculation filed by the respondent, it may order the respondent to pay an amount that it considers appropriate.