Decision No. 4-C-A-2023

[1] The applicants purchased round-trip, code-share tickets in business class from Air France to travel from Winnipeg, Manitoba, to Nairobi, Kenya, departing on September 30, 2021, and returning on October 14, 2021. The outbound portion of their itinerary included the following flights:

• Winnipeg to Toronto, Ontario, on Air France Flight 3012, operated by WestJet
• Toronto to Paris, France, on Air France Flight 351
• Paris to Nairobi on Air France Flight 814

[2] When the applicants arrived at the airport in Winnipeg for check-in, they were informed by WestJet that they could not be issued boarding passes. The applicants then contacted Air France directly and were informed that their reservation had been cancelled. However, they claim that nobody in their party had cancelled the reservation. The applicants purchased new tickets with Air Canada and travelled on October 1, 2021.

[3] The applicants seek compensation for the new tickets purchased with Air Canada, in the amount of CAD 13,525.74. The applicants also seek compensation for “the loss of [their] three business class seats”, in the amount of CAD 3,000, as they only purchased one of their four new tickets in business class due to increased prices.

[4] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether the respondents properly applied the terms and conditions that were applicable to the tickets that the applicants purchased, as set out in the Tariff. The applicants experienced issues on the outbound portion of their itinerary, particularly on their initial code-share flight marketed by Air France and operated by WestJet. As the marketing carrier, Air France’s Tariff (Tariff) applied to all flights.

[5] If the Agency finds that the respondents failed to properly apply the Tariff, the Agency can direct them to take the corrective measures that the Agency considers appropriate or to pay compensation for any expense incurred by the applicants as a result of the respondents’ failure.

[6] The applicants provided copies of emails received from Air France dated September 15, 2021, and September 23, 2021, regarding their upcoming travel from Winnipeg to Nairobi and WestJet’s COVID-19 safety measures. The applicants state that the WestJet check-in agent was able to locate their tickets in WestJet’s system and that the Air France representative they spoke to on the telephone indicated that their tickets were open in Air France’s system as well.

[7] Air France submits that a refund request was made via Air France’s website on September 13, 2021, from a person who identified themselves as one of the applicants, Bruce Hubert Day, and provided the correct booking reference number for their reservation. Air France provided a copy of this request, which shows that the person making the request declared that they decided not to travel and was requesting a refund of all four of the applicants’ tickets. Accordingly, Air France submits that it cancelled the applicants’ reservation on September 23, 2021, at 5:25 am Winnipeg local time, after the automated email regarding WestJet’s COVID-19 safety measures was generated to the applicants at 1:44 am; the applicants therefore had no valid reservation and no valid tickets when they arrived at the airport.

[8] Air France provided a copy of the applicants’ Passenger Name Record (PNR) which indicates that, after inquiring about business class availability on new flights, the applicants ultimately agreed to a full voluntary refund of their tickets. Air France states that this refund was processed back to the original form of payment, a credit card, on October 16, 2021. Air France provided a refund document, which shows that the applicants were provided the full value of the tickets.

[9] WestJet agrees with Air France that the applicants did not hold a confirmed reservation when they arrived at the airport. WestJet submits that it did not amend any part of the applicants’ tickets and that it has limited information because the tickets were booked with Air France. However, WestJet submits that contact information was added to the applicants’ PNR, and their flight segments were cancelled on September 23, 2021. WestJet claims that it was not responsible for the cancellation, which it deems to have been voluntary, and that it has no information regarding who cancelled the booking.

[10] The applicants claim that nobody had access to the booking except for Doris Jane Quark and that Bruce Hubert Day did not actually cancel the tickets. Moreover, they submit that they do not recognize the email address provided in Air France’s refund request form and WestJet’s PNR; therefore, they maintain that they do not know who cancelled their tickets.

[11] The Tariff provides that a refund made in accordance with the Tariff to a person presenting the ticket as the true passenger will be considered a valid refund, and that the carrier shall not be liable to the true passenger in the event that this person is not actually the true passenger. It further provides that refunds of tickets purchased with a credit card will only be made back to the account of the owner of that credit card.

[12] Based on the evidence, the Agency finds that the applicants did not hold a valid reservation to travel when they arrived at the airport due to the refund request, which prompted the cancellation of their reservation. While the identity of the person who made the request is unclear, the Agency finds that it was reasonable for Air France to assume that the person was authorized to do so based on the information they provided, and for Air France to process the refund accordingly. Finally, the Agency finds that Air France properly applied the Tariff by processing a full refund back to the applicants’ credit card that was used to purchase the tickets. Therefore, the applicants are not entitled to compensation.

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