[1] The applicant purchased a one-way economy class ticket from the respondent for travel on March 22, 2020, from Cancun, Mexico, to London, United Kingdom, via Calgary, Alberta. The applicant did not travel and was provided with a travel bank credit for the full amount paid for their ticket. They do not dispute the amount of the travel bank credit but seek a refund to their original form of payment.

[2] In this decision, the Agency’s role is to decide whether the respondent properly applied its Tariff^{Note 1} to the ticket the applicant purchased. The relevant provisions of the Tariff are set out in the Appendix.

[3] The applicant claims that the flight was cancelled by the respondent. The respondent submits that the applicant cancelled their ticket on March 19, 2020, and that it provided the applicant with a travel credit in the amount paid, valid for two years. It further submits that it operated the flights shown on the applicants’ ticket, and provided business records showing that the flights in question took place.

[4] The applicant has the responsibility to prove their claim. They must show that their version of events is the one that is more likely to have occurred. In this case, the applicant has not proven that the respondent cancelled the flights in question.

[5] According to Rule 15(C)(1)(b) of the Tariff, when a passenger cancels an economy class ticket for travel to Europe, including the United Kingdom, the respondent will not refund the balance to the original form of payment. Based on Rule 15(C)(1)(c) of the Tariff, when a passenger is entitled to a non-refundable credit toward the purchase of a future flight due to a cancellation, the credit will be valid for one year. As the respondent has provided the applicant with a travel credit in the amount paid for their ticket, the Agency finds that the respondent properly applied Rules 15(C)(1)(b) and 15(C)(1)(c) of its Tariff.

[6]The Agency therefore dismisses the application.
 

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ANNEXE À LA DÉCISION N^o 19-C-A-2022

International Passenger Rules and Fares Tariff No. WS1 Containing Local Rules, Fares & Charges on Behalf of WestJet Applicable to the Transportation of Passengers and Baggage Between Points in United States/Canada and Points in Area 1/2/3 and Between the US and Points in Canada

Remarque : Le tarif de WestJet a été déposé en anglais seulement.

Rule 15 Rates and Charges-International Service

….

(C)When a ticket is cancelled within 24 hours of purchase, and the flight is outside 7 days, a full refund including taxes and fees, without penalty can be obtained. Outside of 24 hours, for a non-refundable ticket, the carrier does not refund any taxes, fees or surcharges collected unless required by law or where such taxes were collected in error.

(1) Cancellations

…

(b)  Cancellations incur a fee as outlined in the chart to and from Europe including the UK

	Basic	Econo	Econo Flex
Cancel within 24 hours of booking (excluding flights departing within 24 hours)	$0	$0	$0
cancel for TVL departing in more than 60 days	Non-refundable, no changes are permitted, any unused ticket amount is not available for future TVL credit.	Before 07Jan19: 50 CAD EUR 33   Pound 28  on/after 07Jan19  $100 CAD  EUR 68   Pound 56	Before 07Jan19: 50 CAD EUR 33   Pound 28  on/after 07Jan19  $100 CAD  EUR 68   Pound 56
Cancel for TVL departing with- in 60 days and same day FLT  changes at check-in	non-refundable, no changes are permitted, any unused ticket amount is not available for future TVL credit.	Before 07Jan19: $150 CAD EUR 99 Pound 83 on/after 07Jan19 $250 CAD EUR 165 Pound 138	Before 07Jan19: $150 CAD EUR 99 Pound 83 on/after 07Jan19 $250 CAD EUR 165 Pound 138
Cancellations (balance refunded original form of payment)	Not available and any unused ticket amount is not available for future TVL credit.	Not available	Not available

	Premium	Premium Flex	Business	Business Flex
Cancel within 24 hours of booking (excluding flights Departing within 24 hours)	$0	$0	$0	$0
cancel departing in  more than 60 days	$100 CAD EUR 68 Pound 56	$0	$600 CAD EUR 396 Pound 336	$0
Cancel for TVL departing within 60 days and same day FLT changes at check-in	Not available and any unused ticket amount is not available for future TVL credit	$0	$100	$0
Name change	$100	$0	$100	$0
Cancellation (balance -original form of payment)	Not available	$0	Not available	$0

(C) In any case where, in accordance with this rule, a passenger is entitled to a non-refundable credit towards the purchase of a future flight, the said credit shall include all amounts paid by the passenger in association with the fare, including refundable fees (from unused services such as seat selection fees or kennel fees, charges, surcharges or taxes). The non-refundable credit shall be valid for one year from the date of the credit’s creation and may be used towards the purchase of future air-only booking with the carrier….