Decision No. 51-C-A-2023

April 26, 2023

Application by Silvia Conte, Jorge Rios Rodriguez and a minor child (applicants) against ABC Aerolineas, S.A. de C.V. (respondent) regarding a refund

Case number: 
23-07264

[1] The applicants purchased round-trip tickets through FlightHub for travel with the respondent from Toronto, Ontario to Mexico City, Mexico, departing on March 14, 2020, and returning on March 29, 2020.

[2] The applicants claim that after they arrived in Mexico City, media reports indicated that the respondent would be suspending its flights to Canada after March 24, 2020. As a result, the applicants purchased tickets with another carrier to return to Toronto.

[3] The applicants seek a refund of their unused tickets with the respondent.

[4] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether the respondent properly applied the terms and conditions that were applicable to the tickets that the applicants purchased, as set out in its Tariff.

[5] If the Agency finds that the respondent failed to properly apply its Tariff, it can direct the respondent to take the corrective measures that it considers appropriate or to pay compensation for any expense incurred by a person adversely affected by the respondent’s failure.

[6] The onus is on the applicants to establish, on a balance of probabilities, that the respondent failed to properly apply the terms and conditions that were applicable to their tickets.

[7] According to the respondent’s Tariff, when a passenger voluntarily cancels their flight, they are entitled to a credit in the form of an e-wallet only if they purchased a refundable Priority-type ticket. Alternatively, if the respondent cancels a flight for reasons within its control, its Tariff provides that it will either issue a credit in the form of an e-wallet or a refund to the original form of payment, at the passenger’s option.

[8] The applicants have not provided any evidence to indicate that they held Priority-type tickets, or that their flight was in fact cancelled by the respondent for reasons within its control. The applicants refer to media reports that indicated that the respondent would suspend its flights after March 24, 2020; however, they did not provide a copy of any media report, nor any notification or communication from the respondent or their travel agency advising them of a flight cancellation to support their position. They also did not indicate whether they contacted the respondent or their travel agency to confirm that information.

[9] In light of the above, the Agency finds that the applicants did not demonstrate that the respondent failed to properly apply the terms and conditions set out in its Tariff.

[10] The Agency, therefore, dismisses the application.

Legislation or Tariff referenced Numeric identifier (section, subsection, rule, etc.)
Air Transportation Regulations, SOR/88-58 110(4); 113.1(1)
International Scheduled Services Tariff General Rules Applicable to the Transportation of Passengers and Baggage Between Mexico and Canada, CTA(A) 1 7.2; 21.1; 21.2

Member(s)

Mary Tobin Oates
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