Decision No. 28-C-A-2022
APPLICATION by Joanne Brown, Callista Durose-Moya and Jennifer Moya (applicants) against Swoop (respondent), pursuant to subsection 67(3) of the Canada Transportation Act, SC 1996, c 10 (CTA), concerning a refund request.
[1] The applicants purchased tickets from the respondent for three different itineraries between Edmonton, Alberta, and Hamilton, Ontario, for travel on March 15, 2020, March 22, 2020, and March 29, 2020. They sent an email to the respondent on March 14, 2020, at 11:14 a.m. stating that they cannot take the flight on March 15, 2020, due to the pandemic and would like to get a refund or modify their booking. They did not mention their tickets for March 22, 2020, or March 29, 2020. The applicants seek a full refund or travel credit for their three itineraries.
[2] In this decision, the Agency’s role is to decide whether the respondent properly applied its TariffNote 1 . The relevant provisions of the Tariff are set out in the Appendix.
[3] Based on the applicants’ itinerary for travel on March 15, 2020, their flight was scheduled to depart at 8 a.m. According to Rule 40(C) of the Tariff, the fare, taxes and fees paid for a reservation are non-refundable less than 24 hours before the departure of a flight, and changes are not permitted unless ModiFly has been purchased. As the applicants had three different itineraries, this Rule would apply to each itinerary separately. The applicants did not purchase ModiFly for their itinerary for travel on March 15, 2020. The applicants state that on March 16, 2020, the government issued a press release urging Canadians to avoid non-essential travel outside of Canada, and argue that their decision to cancel their trip was therefore not done voluntarily. The respondent states that all flights on the three itineraries went ahead as scheduled, and that there were no domestic travel advisories in effect at the time the flights took place.
[4] While the applicants have explained their rationale for not travelling on the itineraries they had purchased, the evidence before the Agency indicates that the applicants chose not to travel. Given the timing of the applicants’ email on March 14, 2020, they contacted the respondent less than 24 hours prior to their flight’s departure time. The Agency therefore finds that the applicants are not entitled to a refund or a travel credit for their itinerary of March 15, 2020.
[5] With respect to the flights the applicants booked for travel on March 22, 2020, and March 29, 2020, there is no evidence before the Agency indicating that the applicants contacted Swoop regarding these flights before they took place. Although the applicants did purchase ModiFly for their flight on March 29, 2020, which would have permitted them to make a change to this itinerary, Rule 11(A)(1)(c) of the Tariff states that changes permitted by ModiFly must be redeemed at least 24 hours prior to departure. The Agency therefore finds that the applicants are not entitled to a refund or a travel credit for their itineraries of March 22, 2020, and March 29, 2020.
[6] In light of the above, the Agency finds that the respondent properly applied Rule 40(C) of its Tariff when it refused to provide the applicants with a refund or travel credit for their unused tickets from the three itineraries. The Agency therefore dismisses the application.
APPENDIX TO DECISION NO. 28-C-A-2022
Tariff Containing Rules Applicable to Scheduled Services for the Transportation of Passengers and their Baggage Between Points in Canada and Points in Canada, CTA(A) No. 1
Rule 11: Special Ancillary Products
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(A) Flexible Change – ModiFly
- The option to purchase at initial booking a flexible change product that provides the opportunity to make a one-time change to the departure time (including date-date or alternate date) or return time (including same-date or alternate date) of a directional booking under the following conditions:
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(c) Must be redeemed not less than 24 hours before segment departure;
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Rule 40: Reservations
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(C) Passenger Changes and Cancellation of Reservations
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All reservations (total fare including taxes and fees) are non-refundable less than 24 hours before the planned departure of the Flight. No changes to a Reservation are permitted unless optional ModiFly flexible change has been pre-purchased.
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Member(s)
- Date modified: