Decision No. 163-C-A-2008

April 8, 2008

File No. M4120-3/07-07142

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INTRODUCTION AND ISSUE

On August 18, 2007, Zoom Airlines Inc. (Zoom) refused to transport Sergey Levshin from Belfast, United Kingdom, to Halifax, Canada, because Zoom crew members believed that he exhibited prohibited conduct during check-in for Flight No. OOM659. Mr. Levshin purchased an airline ticket from Air Canada, as alternate transportation, and requests the reimbursement of the costs of his alternate travel arrangements to Halifax.

Did Zoom properly apply the terms and conditions of carriage relating to refusal to transport and to refund specified in its Scheduled International Tariff (Tariff)? If the carrier improperly refused transportation, the question of reimbursement of the cost of alternate travel becomes an issue.

As indicated in the reasons which follow, the Agency finds that Zoom properly applied the terms and conditions of carriage set out in its Tariff when it refused to transport Mr. Levshin from Belfast to Halifax on August 18, 2007, and accordingly dismisses the complaint.

FACTS

Mr. Levshin holds both a Canadian and an Israeli passport, but presented his Israeli passport to the security officer at Belfast International Airport on August 18, 2007. An argument ensued as to which passport Mr. Levshin required to enter Canada. Crew members subsequently interrogated him at the boarding gate and refused to allow him to board the flight. Mr. Levshin purchased an airline ticket from Air Canada to travel to Halifax at an additional cost of 680 UK pounds and requested the reimbursement of the costs associated with his alternate travel arrangements to Halifax totalling CAD$1,445.03.

On September 13, 2007, Zoom informed Mr. Levshin that it was within its rights to refuse to transport him on Flight No. OOM659 and that, pursuant to the provisions of its Tariff, it was not liable for the costs incurred by him for alternate travel arrangements.

EVIDENCE AND SUBMISSIONS

The Agency received submissions from Mr. Levshin and Zoom. The latter filed several reports detailing the prohibited conduct exhibited by Mr. Levshin during check-in for Flight No. OOM659 on August 18, 2007.

The report from Zoom's ground handler, Servisair, indicates that one passenger was removed from Flight No. OOM659 at the gate because he was very aggressive, and that the police were called. It further states that crew members also spoke to the irate passenger at the gate and were not willing to accept the passenger for travel.

Another report, that being from ICTS (UK) Ltd., the security agent hired by Zoom at Belfast International Airport, shows that Mr. Levshin presented a "Russian passport" to its agent, who noted that the passenger had been born in Israel. The report further states that Mr. Levshin was verbally abusive toward the agent when she asked him if he would be using his Canadian passport. The report indicates that the agent called the airport police, that the police spoke with Mr. Levshin, who was then allowed to proceed to check-in. It further states that, at the boarding gate, the Captain was seen speaking to Mr. Levshin, that the airport police were present, and that the police subsequently escorted Mr. Levshin away from the departure lounge.

The report from Zoom's ground handling representative states that Mr. Levshin was very aggressive toward the ICTS security agent about the passport issue. It indicates that Mr. Levshin presented an Israeli passport at check-in despite the fact that the travel sticker, which was necessary to board the aircraft, had been put on his Canadian passport. It also states that, when Mr. Levshin was advised that he had to use the passport which had been profiled, he was verbally abusive toward the ICTS employee. The report further explains that the ground representative intervened, that the police were called and tried to calm down Mr. Levshin, who was then checked in while his checked baggage was put on standby.

The report also indicates that the Captain of Zoom Flight No. 00M659 and the In-flight Service Director (ISD) spoke with Mr. Levshin at the departure gate and that he became aggressive toward them. The report concludes that the Captain and the ISD determined that, with the safety of the other passengers and the crew in mind, Mr. Levshin should not be allowed to board the aircraft because of his behaviour. It also states that the police escorted Mr. Levshin from the departure lounge.

The reports from the ISD and the Captain corroborate the written comments made by Zoom's ground representative in his report.

Zoom confirms that the travel ban imposed on Mr. Levshin applied solely to Flight No. OOM659 on August 18, 2007.

Mr. Levshin explains that he is not a Russian citizen, that he emigrated from the Soviet Union in 1990, and that the first passport he showed the security agent was not a Russian passport, but a valid Israeli passport which he had used numerous times to enter Canada. He produced a Canadian citizenship card and a Canadian passport when the agent asked him for more documentation. When the agent told him to use his Canadian passport only, he felt discriminated against because of his Israeli citizenship. He acknowledges that he used foul language toward the security agent, and that the police arrived on the scene and spoke with him. Mr. Levshin argues that the crew of Flight No. OOM659 treated him in an unfair and discriminatory manner.

ANALYSIS AND FINDINGS

The preponderance of the evidence indicates that Mr. Levshin was verbally abusive toward the security agent, the Captain of Zoom Flight No. OOM659 and the ISD. In his complaint, Mr. Levshin admits using foul language toward the security agent but argues that although he exhibited a bad temper during the arguments, he did not deserve such a harsh punishment as being refused transport.

Rules 6(c)(1)ii and 6(c)(1)iii of the Tariff provide that, where the carrier has determined, in its reasonable judgment, that a person has engaged in any conduct or behaviour that may have a negative effect on the safety, comfort or health of that person, the passengers, the carrier's employees or agents, air crew or aircraft or the safe operations of the carrier's aircraft, Zoom may remove the passenger from a flight at any point to ensure the physical comfort or safety of the other passengers, the crew or the aircraft.

The Agency finds that, on the basis of the evidence on file, Zoom properly applied the terms and conditions of carriage set out in its Tariff when it refused to transport Mr. Levshin from Belfast to Halifax on August 18, 2007.

As the Agency has found that there was no contravention by Zoom of its Tariff, no compensation is due to Mr. Levshin by Zoom.

CONCLUSION

Based on the above findings, the Agency dismisses the complaint.

Members

• J. Mark MacKeigan
• John Scott