Decision No. 26-C-A-2022

[1] The applicants purchased “Economy Basic” tickets for travel with Air Canada on August 28, 2019, from Vancouver, British Columbia, to Halifax, Nova Scotia, via Montréal, Quebec. The applicants attempted to check in for their flight at the Vancouver airport but were told that the cut-off time for check in had passed. The respondent cancelled the applicants’ reservation. The applicants submit that they were told that they were not entitled to any refunds. The applicants then purchased new tickets in the amount of CAD 1764.90. The applicants are seeking a refund of their new tickets.

[2] In this decision, the Agency’s role is to decide whether the respondent properly applied its TariffNote 1 to the tickets the applicants purchased. The relevant provisions of the Tariff are set out in the Appendix.

[3] According to Rule 70(A)(1) of the Tariff, it is recommended that passengers check in for their flight at least 90 minutes prior to the scheduled departure time of their flight, in order to permit enough time to complete departure procedures. Rule 70(A)(2) further states that passengers must check in, with their baggage, 45 minutes prior to their scheduled departure. The applicants claim that they arrived at the check-in counter “just in time” after going through a lot of traffic on their way to the airport, but that the agent at the counter spent five to ten minutes trying to check them in, initially for the wrong flight (headed to Toronto), and then trying to check them in for their flight. They were then told by the agent that check-in for their flight had closed. The applicants argue that had the agent not made a mistake, they would have been able to check in on time. The respondent contests the applicants’ claims that the agent attempted to check them in to the wrong flight, explaining that ticket check-in is based on entering the passengers’ names, not flight numbers, and there were no other customers travelling with the same name on one of its flights departing Vancouver that day. The respondent provided the applicants’ historical passenger name record, which shows that the applicants arrived for check-in at 10:59 p.m., less than 45 minutes before their flight’s scheduled departure time at 11:20 p.m.

[4] The applicants have the burden of proving that the respondent has failed to properly apply the terms and conditions of its Tariff. They must show that their version of events is more likely to have happened than that of the respondent. In this case, the applicants have not proven that they had checked in 45 minutes prior to their flight’s scheduled departure time.

[5] The applicants point out that as their departing flight was delayed, they should have been permitted to check in. However, Rule 70(A)(2) of the Tariff specifies that check-in deadlines are based on the scheduled departure time, not the time the flight departs. Based on the above, the Agency finds that the applicants were not checked in 45 minutes prior to their scheduled departure time, as required under Rule 70(A)(2).

[6] Rule 70(C) of the Tariff states that, should passengers not meet the check-in requirements, the respondent may reassign the seats and/or cancel the passengers’ reservations, and the respondent’s liability is limited to providing a general refund, as set out in Rule 100. The Agency therefore finds that the respondent properly applied Rule 70(C) when it cancelled the applicants’ reservation.

[7] Rule 100(A)(1) of the Tariff states that “Economy Basic” tickets are entirely non‑refundable and hold no credit for future travel. Accordingly, the Agency finds that the applicants are not entitled to a refund given that they held “Economy Basic” tickets.

[8] In light of the above, the Agency dismisses the application.

APPENDIX TO DECISION NO. 26-C-A-2022

Domestic Tariff General Rules Applicable to the Transportation of Passengers and Baggage, CTA(A) 3

RULE 70 – CHECK-IN AND BOARDING TIME LIMITS

A. Check-in

(1) Recommended

The passenger is recommended to check-in at least 90 minutes prior to scheduled departure time of the flight on which he/she holds a reservation in order to permit completion of government formalities and departure procedures.

(2) Time limit

Passengers must check-in, with his/her baggage, for flights other than Toronto City Center (YTZ), 45 minutes, and for flights from Toronto City Center (YTZ), 20 minutes, prior to scheduled departure time.

(3) Passenger must check in via self-service device, or through an Air Canada agent at the check-in counter within the aforementioned check-in times. Passengers checking baggage must check-in and drop off baggage within the above check-in times.

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C. If passenger fails to meet any of these requirements, the Carrier may reassign pre‑reserved seat and/or cancel the reservation of such passenger(s) who arrives past the aforementioned time limits. Carrier is not liable to the passenger for loss or expense due to failure by a passenger to comply this rule. Carrier’s liability shall be limited to providing a general refund, per RULE 100 – REFUNDS.

RULE 100 – REFUNDS

A. General

Refund by the Carrier: for an unused ticket or portion thereof, or miscellaneous charges order, refund will be made in accordance with this rule.

(1) Economy Basic tickets are entirely non-refundable and hold no credit for future travel. For all other non-refundable tickets, the unused value may be used toward the purchase of another ticket within a year from date of issue if ticket is fully unused or from first departure date for partially used ticket, subject to any fee or penalty contained in applicable fare rules and subject to customer cancelling the booking prior to departure.

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