Decision No. 8-C-A-2022

[1] The applicant purchased a round-trip ticket through a travel agent to travel from Toronto, Ontario, to Mumbai, India, via Paris, France, departing on January 16, 2018, and returning on March 22, 2018. Air Canada was the marketing carrier and operator of the Toronto-to-Paris and Paris-to-Toronto portions of the itinerary. The Paris‑to‑Mumbai and Mumbai-to-Paris portions were marketed by Air France and operated by Jet Airways (India) Ltd. (Jet Airways).

[2] The applicant seeks a refund as well as compensation for harassment.

[3] When considering an application, the Agency’s role is to decide whether the carrier properly applied its tariff. The onus is on the applicant to establish that the respondents failed to apply their tariffs.

[4] As the Agency does not have the authority to determine the applicant’s harassment claim, it will not consider this part of the application further.

[5] The Agency notes that the application lacks detail and does not contain relevant facts regarding the dispute. The applicant does not state the issues, nor does she provide any arguments in support of the application. The applicant only refers to the documents she submitted in support of her application. The Agency notes that these documents include communications with the respondents that indicate that they were confused about the precise nature of the applicant’s complaint.

[6] In the webform submitted to Air France, dated June 21, 2021, the applicant states that she decided not to travel. She requests “a full refund if I decided not to travel and my ticket is fully refundable”. It is unclear from the record whether she is seeking a refund for the entire booking or for a portion of it. Air France indicates that any refund would be made through the travel agent.

[7] The Agency notes that none of the evidence provided by the applicant establishes that her ticket was refundable. In fact, the documents provided suggest that the ticket was highly restrictive. According to the Fare Restrictions and Rules portion of the itinerary screenshot, cancellations and refunds before and after departure were not permitted.

[8] In light of the above, the Agency finds that the applicant has not established, on a balance of probabilities, that the respondents did not properly apply their tariffs. 

[9] Accordingly, the Agency dismisses the application.