Decision No. 25-C-A-2022

[1] The applicants purchased one-way tickets to travel with WestJet from Calgary, Alberta, to Los Angeles, United States, on November 12, 2019, departing at 9:55 a.m. They were refused transportation at the boarding gate and purchased new tickets to complete their journey.

[2] The applicants seek a refund of CAD 967.58 plus interest for their new tickets.

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

[4] Rule 30 (A)(5)(a) of the Tariff states that failure to comply with published cut-off times may result in a passenger being refused transportation. Rule 30(A)(5)(b) states that the gate check-in time is ten minutes prior to flight departure; that passengers must allow adequate time to clear through security and customs; and that if a passenger arrives at the gate less than ten minutes before departure and the aircraft is already boarded, they will be refused transportation.

[5] The applicants claim that they arrived on time for their flight and that they were “bumped from their flight” even though the sign above their departure gate indicated “final call”. They state that they faced delays in arriving to their boarding gate due to an excessively busy security line. They were told that they had arrived too late and that the aircraft door had already been closed. The applicants acknowledge that they arrived at the boarding gate at 9:49 a.m. As they arrived at the gate six minutes prior to flight departure, they did not get to the boarding gate before the ten-minute cut-off time. The Agency therefore finds that the respondent correctly applied its Tariff in refusing to transport the applicants. Accordingly, the applicants are not entitled to compensation for their new tickets.

[6] Rule 30(C)(1) of the Tariff states that should a passenger be refused transportation, they are entitled to a refund in accordance with Rule 105(B) regarding involuntary cancellations. Rule 105(B) states that the total fare paid for each unused portion of a ticket will be refunded.

[7] The respondent claims that the facts of this case should not be considered to be an involuntary cancellation and that Rule 105(B) should not apply because the applicants were the cause of the missed cut-off time. The respondent argues that they purchased “Basic” fare tickets and that the rules of this fare, as outlined in various sections of Rule 15 of the Tariff, state that the ticket is fully non-refundable and unchangeable. Because the applicants did not present themselves at the boarding gate prior to the cut-off time set out in the Tariff, the respondent argues that they forfeit the cost of their ticket and that they are not entitled to any form of refund.

[8] Given that Rule 30(C)(1) of the Tariff states that, in the case of a refusal to transport, the affected passenger is entitled to a refund under Rule 105, and that Rule 105(B) of the Tariff does not state that refunds will be dependent on ticket type, the Agency finds that the applicants are entitled to a refund. As they purchased one-way tickets and did not use them because they were refused transportation, they are entitled to a full refund of their unused tickets. Accordingly, the Agency finds that the respondent did not properly apply its Tariff when it refused to refund the applicants for their unused tickets.

Order

[9] Pursuant to subsection 113.1(1) of the ATR, the Agency orders the respondent to refund the applicants the total fare paid for their unused tickets as soon as possible and no later than April 1, 2022.

APPENDIX TO DECISION NO. 25-C-A-2022

Air Transportation Regulations, SOR/88-58

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.

Tariff Containing Local Rules, Fares and Charges on Behalf of WestJet Applicable to the Transportation of Passengers and Baggage Between Points in the United States and in Canada and Between Points in Area 1/2/3 and Between Points in the United States and Points in Canada. International Passenger Rules and Fares Tariff WS1, CTA 518  

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.

….
(2)  Changes

....
(C)  A passenger changing a reservation
       
      ....
       (iii) Changes are not allowed under a basic fare….

Rule 30 Refusal to Transport

(A)  The carrier will refuse to transport, or will remove any guest at any point for any of the following reasons:

....
(5)   Failure to comply with carrier’s rules and regulations
       When the guest fails or refuses to comply with rules and regulations of the carrier as stated in this tariff.
       (a) Non-compliance with published cut off times - if a passenger arrives at the specified location less than the published cut off time from 
              departure the passenger may be refused transport. Passengers may check-in using the carrier’s web, mobile and kiosk applications
              from 24 hours before departure up to 60 minutes before departure. Passengers may also check-in with an agent at the airport counter
              from 3 hours before departure up to 60 minutes before departure.
        (b)  Cut off time
              Check-in counter 60 minutes
              Baggage counter 60 minutes
              Gate 10 minutes
              Note 1: Check in and baggage drop off must be completed at least 60 minutes prior to departure.
              Note 2: Passengers must allow adequate time to clear through security and customs (when applicable). If a passenger arrives at
              the gate less than 10 minutes before departure and the aircraft is already boarded, her/she will be refused transport. Passengers       
              must allow time to be cleared through security and customs (when applicable). If a passenger arrives at the gate less than 10
              minutes prior to departure and the aircraft is already boarded, he/she will be denied boarding
….

(C)  Recourse of the guest/limitation of liability
        (1) The carrier's liability in case of refusal to carry a guest for a specific flight or removal of a guest en route for any reason specified in 
              the foregoing paragraphs will be limited to the recovery of the refund value of the unused portion of the guest's ticket in accordance
              with rule 105(b), involuntary cancellations.

….

Rule 105 Refunds

….

(B)  Involuntary cancellations
        In the event a refund is required because of the carrier’s failure to operate or refusal to transport, the refund will be made as follows:

        If the ticket is totally or partially unused, the total fare paid for each unused segment will be refunded.