Decision No. 325-C-A-2010

July 29, 2010

File No. M4120-3/09-50387

INTRODUCTION AND ISSUE

[1] Sid Ali Markani filed a complaint with the Canadian Transportation Agency (Agency) against British Airways Plc carrying on business as British Airways (British Airways) with respect to his inability to travel on Flight BA0308 from London, United Kingdom to Paris, France, on November 4, 2008.

[2] Did British Airways contravene the terms and conditions of carriage stated in its International Passenger Rules and Fares Tariff No. NTA(A) No. 306 (tariff) in this case and, consequently, subsection 110(4) of the Air Transportation Regulations, SOR/88-58, as amended (ATR)?

[3] As indicated in the findings that follow, the Agency finds that British Airways did not contravene the terms and conditions of carriage stated in its tariff and dismisses the complaint.

FACT

[4] On November 3, 2008, Mr. Markani had a reservation to travel with British Airways from Montréal, Quebec, Canada to Paris with a connecting flight in London, United Kingdom. Mr. Markani's ticket was non-endorsable and non-refundable. He completed the first leg of his trip, i.e., Montréal-London, but did not complete the London-Paris leg scheduled for November 4, 2008, as he was detained in London by the British authorities before being sent to his homeland of Algeria on November 6, 2008.

PRELIMINARY MATTER

[5] The Agency will not address Mr. Markani's request as it relates to interest charges and compensation for the stress he alleges having suffered, as the Agency does not have jurisdiction to order damages in such cases.

SUBMISSIONS

[6] Mr. Markani indicates that during Flight BA0094 from Montréal to London, he asked the passenger sitting in front of him to adjust his seat. Realizing that the passenger did not understand French, Mr. Markani asked a flight attendant to translate his request. Mr. Markani alleges that the passenger refused to adjust his seat and that an altercation occurred as a result of this. Mr. Markani indicates that he then asked to change seats, but his request was denied even though there were seats available. Mr. Markani submits that once he arrived in London, he was taken by the British authorities, who detained him in prison for two days before sending him to his homeland of Algeria.

[7] Mr. Markani is seeking a reimbursement for his airline ticket, i.e., the sum of CAD$480, plus interest charges and compensation for the stress he suffered.

[8] British Airways states that an incident occurred on board during the first leg of the flight, during which Mr. Markani verbally abused a fellow passenger. British Airways adds that the incident was reported to the appropriate authorities in London by an employee on board the aircraft.

[9] British Airways asserts that the complainant was prevented from boarding the second leg of the journey, namely the London-Paris flight segment, not by British Airways, but rather as a result of a decision made by the British authorities to detain the complainant. According to British Airways, it is unclear as to why the complainant was ultimately transported to Algiers, nor is this specified in the complaint. British Airways submits that this question may likely relate to an immigration or deportation matter and is therefore unrelated to British Airways. The carrier contends that as the decision to detain the complainant was not made nor implemented by British Airways, it cannot be held responsible for the claims made by Mr. Markani.

[10] British Airways points out that, in any event, pursuant to its "conditions of carriage" it would have been in its rights to refuse to transport Mr. Markani. British Airways' conditions of carriage state that:

We may decide to refuse to carry you or your baggage if one or more of the following has happened or we reasonably believe may happen:

If you have used threatening, abusive or insulting words towards our ground staff or another passenger or a member of the crew of the aircraft.

....

If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft,

....

If the immigration authority for the country you are travelling to, or for a country in which you have a stopover, has told us (either orally or in writing) that it has decided not to allow you to enter that country, even if you have, or appear to have, valid travel documents,

....

If carrying you would break government laws, regulations or orders.

ANALYSIS

[11] The Agency notes that the parties admitted that a verbal altercation occurred between Mr. Markani and another passenger on Flight BA0094 from Montréal to London. The Agency also notes that this incident was reported to the British authorities and that Mr. Markani was detained in prison by these authorities when he arrived in London, which resulted in Mr. Markani missing his connecting flight to Paris, i.e., Flight BA0308.

[12] The evidence on file demonstrates that the decision to detain Mr. Markani in prison was made by the British authorities, not by British Airways. Accordingly, the Agency finds that British Airways should not be held responsible for Mr. Markani's failure to present himself at the check‑in counter on November 4, 2008 for Flight BA0308.

[13] The Agency notes that pursuant to Rule 60 of its tariff, British Airways may cancel the reservation of a passenger who fails to present himself at the check-in counter before the scheduled departure time of the flight for which he holds a reservation. The Agency further notes that according to this same Rule, British Airways is not required to reimburse losses or expenses arising from a passenger's failure to comply with this provision. As Mr. Markani did not present himself at the check-in counter on November 4, 2008 for Flight BA0308 due to an event beyond British Airways' control, the Agency finds that British Airways did not contravene its tariff in this case and therefore has no contractual obligation to reimburse Mr. Markani for his airline ticket. The Agency further notes that Mr. Markani's ticket was non-endorsable and non‑refundable.

[14] With respect to the terms and conditions of carriage to which British Airways refers in its answer to the complaint, the Agency notes that British Airways' tariff does not present these terms and conditions on its Web site. Accordingly, the Agency gives no weight to this reference. In this respect, the Agency reminds British Airways that carriers must state the terms and conditions of their tariff on their Web sites.

CONCLUSION

[15] Based on the above findings, the Agency dismisses the complaint.

Members

• Jean-Denis Pelletier, P. Eng.
• John Scott