Decision No. 52-C-A-2023
Application by Zeeshan Dhanani (applicant) against ABC Aerolineas, S.A. de C.V. (Interjet) [respondent] regarding a flight delay
[1] The applicant purchased a round-trip ticket from the respondent for travel from Vancouver, British Columbia, to San José, Costa Rica, via Mexico City, Mexico, departing on February 16, 2020, and returning on February 26, 2020.
[2] The applicant’s original return flight segment from Mexico City to Vancouver was scheduled to depart at 1:00 am on February 27, 2020. However, they claim that the departure time was later changed to 6:00 pm and that they arrived at the airport at 4:00 pm. On February 27, 2020, the applicant received a notification from the respondent indicating that the flight was delayed and would depart at 8:30 pm. The applicant claims that the flight actually departed at 9:28 pm.
[3] The applicant seeks compensation under the Air Passenger Protection Regulations (APPR)for the delay that they experienced.
[4] Pleadings opened on January 13, 2023. The respondent had until February 3, 2023, to file its answer to the application. The respondent did not do so. Accordingly, the Agency accepts the applicant’s claims as undisputed.
[5] 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 ticket that the applicant purchased.
[6] While air carriers are required to file a tariff with the Agency before they begin to operate an international air service, the Agency does not have a tariff from the respondent with respect to the air service at issue in this case. However, according to the Canada Transportation Act, the respondent’s obligations to passengers under the APPR are deemed to form part of its Tariff. Therefore, the applicable tariff for this itinerary included at a minimum its obligations under the APPR, which reflect a common denominator applicable to all air services operated to, from, and within Canada, including connecting flights. The Agency will consider these obligations in this decision.
[7] If the Agency finds that the respondent has failed to properly apply its Tariff, it may 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.
[8] According to the APPR, in order to receive compensation for inconvenience, a passenger must file a written request with the carrier within one year from the date on which the delay or cancellation occurred. The applicant did not provide any evidence that they wrote to the carrier; rather they indicate in their application that they did not contact the carrier in writing about their complaint before filing their application with the Agency. As a result, the Agency finds that they are not entitled to compensation for the delay that they experienced.
[9] 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) |
Air Passenger Protection Regulations, SOR/2019-150 | 12(2)(d); 12(3)(d); 19(3) |
Canada Transportation Act, SC 1996, c 10 | 86.11(4) |
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