Decision No. 24-C-A-2022

[1] Alice Akinlemibola purchased a round-trip ticket to travel with Royal Air Maroc from Lagos, Nigeria, to Montréal, Quebec, via Casablanca, Morocco, departing on March 21, 2019, and returning on September 15, 2019. She later changed, in exchange for a fee, her return date to February 26, 2020. Then, on February 8, 2020, she contacted Royal Air Maroc to have her return reservation cancelled. Royal Air Maroc directed Ms. Akinlemibola to her travel agent, who in turn directed her back to the carrier. Neither party would cancel her return reservation. Ms. Akinlemibola did not travel on the return portion of her ticket.

[2] Ms. Akinlemibola seeks a refund for the return portion of her ticket, payment of interest on the refund and compensation for the stress she experienced in dealing with this matter.

[3] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether Royal Air Maroc properly applied its Tariff^{Note 1} to the ticket Ms. Akinlemibola purchased. The relevant provisions of the Tariff are set out in the Appendix.

[4] If the Agency finds that Royal Air Maroc failed to properly apply its Tariff, the Agency can direct it to take corrective measures that the Agency considers appropriate or to pay compensation for any expense incurred by Ms. Akinlemibola for its failure. With respect to compensation for stress and the payment of interest, the Agency does not have the authority to order such compensation.

[5] Royal Air Maroc argues that Ms. Akinlemibola is not entitled to a refund as her ticket was non-refundable. In support of this argument, Royal Air Maroc has filed the fare rule that governs her ticket.

[6] Rule 5(A)(8) of the Tariff indicates that fare rule provisions form part of the Tariff. The fare rule applicable to Ms. Akinlemibola’s ticket states that cancellations are only permitted before departure, for a fee. After departure, the ticket becomes non‑refundable. Departure in this instance means departure of the outbound leg of the ticket, commencing with the initial flight from Lagos.

[7] Royal Air Maroc would not assist Ms. Akinlemibola with the cancellation of her reservation, holding that she had to make these changes with the travel agent through whom the ticket was purchased. The travel agent held that Royal Air Maroc should make the ticket changes.

[8] Regardless of whether the travel agent or Royal Air Maroc had the responsibility to cancel the ticket, the record shows that Ms. Akinlemibola initiated this cancellation after the initial departure from Lagos. Therefore, even if Royal Air Maroc had assisted with the cancellation of the ticket, there is no entitlement to the refund she is seeking, in accordance with the fare rule applicable to her ticket and Rule 5(A)(8) of the Tariff.

[9] In light of the above, the Agency finds that Royal Air Maroc properly applied its Tariff and dismisses the application.
 

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APPENDIX TO DECISION NO. 24-C-A-2022

Air Transportation Regulations, SOR/88-58

110(4) Where a tariff is filed containing the date of publication and the effective date and is consistent with these Regulations and any orders of the Agency, the tolls and terms and conditions of carriage in the tariff shall, unless they are rejected, disallowed or suspended by the Agency or unless they are replaced by a new tariff, take effect on the date stated in the tariff, and the air carrier shall on and after that date charge the tolls and apply the terms and conditions of carriage specified in the tariff.

….

113.1 (1) If an air carrier that offers an international service fails to apply the fares, rates, charges or terms and conditions of carriage set out in the tariff that applies to that service, the Agency may, if it receives a written complaint, direct the air carrier to

(a) take the corrective measures that the Agency considers appropriate; and

(b) pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and
     conditions that are applicable to the service it offers and that were set out in the tariff.

International Passenger Rules and Fares Tariff IPG-1 Containing Local and Joint Rules, Fares and Charges Applicable to the Transportation of Passengers and Baggage Between Points in the United States and Points in Area 2/3 and Containing General Rules Applicable to the Transportation of Passengers and Baggage Between Points in Canada and Points in Areas 2/3, NTA 324

Rule 5 – Application of Tariff

(A)  General (Not applicable to IB)

(1) This tariff shall apply locally via the services of AT, BG, GF, HY, [X], KU, LY, LO, MA, MS, OA, OK, PK, RJ, RO, SU, SV, or jointly via the
     services of these carriers with the other participating carriers in this tariff.

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(8) (Not applicable to HY) Except as otherwise provided below, fare rule provisions, local or joint fares, including arbitraries, contained in
     On-line Tariff Database maintained by Airline Tariff Publishing Company, Agent on behalf of AT, BG, [X], KU, LY, LO, MA, MS, OA, OK, PK,
     RJ, RO, SU, SV, and all carriage participating in the U.S. Industry section are considered to part of TARF-1, D.O.T. No. 531

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