Decision No. 54-C-A-2023

May 3, 2023

Application by Eve-Marie Langevin against ABC Aerolineas, S.A. de C.V. (Interjet) regarding a flight cancellation

Case number: 
23-04198

[1] On March 20, 2020, Eve-Marie Langevin purchased a one-way ticket for travel from Huatulco, Mexico, to Montréal, Quebec, via Mexico City, Mexico, departing on March 23, 2020.

[2] Ms. Langevin states that Interjet cancelled her flight without notice as no flights were authorized to take off before April 1, 2020. She maintains that she was rebooked on another flight with a departure scheduled for April 25, 2020, but this new flight was also cancelled. She was then rebooked on a new flight with a departure scheduled for April 30, 2020, which was also cancelled by Interjet without the possibility of making a new reservation or obtaining a refund. She also submits that Interjet issued a travel voucher valid for a one-year period.

[3] Ms. Langevin seeks a refund of her ticket in the amount of MXN 8,033.

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

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

[6] Interjet’s Tariff sets out that when a ticket or a part of a ticket is unused due to a flight disruption, Interjet must refund the passenger an amount equal to the value of the unused part of their ticket. The refund must be made, at the passenger’s option, in the form of a credit to an e-wallet or to the original form of payment used to purchase the ticket, within 20 business days of the passenger’s request for a refund.

[7] Interjet did not file an answer to the application. Therefore, the Agency accepts Ms. Langevin’s claim as undisputed.

[8] As Ms. Langevin has yet to receive a refund, the Agency finds that Interjet failed to properly apply its Tariff when it did not provide Ms. Langevin with a refund for the unused portion of her ticket. Given that Ms. Langevin has not used any portion of her ticket, she is entitled to be refunded the total cost that she has paid, that is MXN 8,033. This amount, when converted to Canadian currency based on the Bank of Canada historical rate in effect on the date of the transaction, is equal to CAD 478.60.

Order

[9] The Agency orders Interjet to provide Ms. Langevin with a refund in the amount of MXN 8,033, or CAD 478.60, to the original form of payment used to purchase her ticket as soon as possible and no later than June 15, 2023.

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 17.3.1; 21.1(5); 21.2

Member(s)

Mary Tobin Oates
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