Decision No. 152-C-A-2022
Application by Issam Eddine Derouiche against Société Tunisienne de l'Air (Tunisair) regarding a flight delay
[1] Issam Eddine Derouiche was scheduled to travel from Montréal (Quebec) to Tunis, Tunisia, departing on August 8, 2020, at 4:15 pm. However, his flight was delayed and he arrived in Tunis approximately 4 hours later than originally scheduled.
[2] Mr. Derouiche indicates that he received no advance notification regarding the flight delay. He claims compensation under applicable regulations.
[3] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether Tunisair properly applied its Tariff to the ticket that Mr. Derouiche purchased.
[4] If the Agency finds that Tunisair has failed to properly apply its Tariff, it may direct Tunisair to take the corrective measures the Agency considers appropriate, or to pay compensation for any expenses incurred by a person adversely affected by the carrier’s failure.
[5] The Agency opened pleadings on October 7, 2022. Tunisair had until October 31, 2022, to file a response to the application, but did not do so.
[6] No evidence was filed to demonstrate that the flight delay was outside the carrier’s control or required for safety purposes in accordance with the provisions of the Air Passenger Protection Regulations (APPR). Therefore, the Agency finds that the delay was within Tunisair’s control.
[7] Under the Canada Transportation Act (CTA), obligations established by APPR concerning minimum compensation that the carrier must pay passengers for inconvenience, when the delay is within its control, are deemed to form part of Tunisair’s Tarriff and apply to this case. Therefore, under the APPR, Mr. Derouiche is entitled compensation in the amount of CAD 400 for inconvenience.
Order
[8] The Agency orders Tunisair to pay Mr. Derouiche compensation in the amount of CAD 400 as soon as possible and no later than February 8, 2023.
Legislation or Tariff referenced | Numeric identifier (section, subsection, rule, etc.) |
---|---|
Air Transportation Regulations, SOR/88-58 | 110(4); 113.1(1) |
Air Passenger Protection Regulations, SOR/2019-150 | 12(2)(d); 19(1)(b)(i) |
Canada Transportation Act, SC 1996, c 10 | 86.11(4) |
Tarif contenant les Règles applicables aux services réguliers pour le transport des passagers et de leurs bagages entre des points au Canada et à l’étranger, OTC(A) 1 |
Member(s)
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