Decision No. 18-C-A-2022
APPLICATION by Anthony Colantonio (applicant) against Air Transat A.T. Inc (Air Transat) [respondent], under subsection 110(4) of the Air Transportation Regulations, SOR/88‑58, regarding flight cancellations.
[1] The applicant purchased round-trip tickets with the respondent to travel from Toronto, Ontario, to Lisbon, Portugal, departing June 20, 2020, and returning on June 30, 2020. The respondent cancelled the applicant’s flights on May 9, 2020, because of the COVID‑19 pandemic. It originally provided them with a travel credit and about a year later, the respondent refunded the cost of their tickets.
[2] The applicant argues that they were entitled to a refund once the respondent cancelled the itinerary, and seeks monthly interest on the amount of the refund at a rate of 20 percent.
[3] In this decision, the Agency’s role is to decide whether the respondent properly applied the conditions of its Tariff to the ticket the applicant purchased. If the Agency finds that the respondent has failed to properly apply its Tariff, it may direct the respondent to take the corrective measures it considers appropriate or to pay compensation for any expenses incurred by a person adversely affected.
[4] In this case, the applicant does not seek a remedy that would require a determination of whether the respondent properly applied the terms and conditions of carriage set out in its Tariff. Rather, the applicant seeks interest on the amount of the refund they received. The Agency does not have the authority to order the payment of interest, as stated in Decision 71-C-A-2019 (Puddicombe v Air Canada).
[5] Therefore, the Agency dismisses the application.
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