Decision No. 93-C-A-2023

June 9, 2023

Application by Sonya Witzman against WestJet regarding a schedule change

Case number: 
23-11256

[1] On August 4, 2020, Sonya Witzman purchased a round-trip economy ticket to travel from Edmonton, Alberta, to Ottawa, Ontario, departing September 5, 2020, and returning on September 7, 2020. WestJet cancelled Ms. Witzman’s direct non-stop flights for operational reasons and provided her with new, non-direct flights from Edmonton to Ottawa, via Toronto, Ontario, departing on September 4, 2020, and returning on September 7, 2020.

[2] Ms. Witzman seeks compensation for the following expenses:

  • CAD 148.08 for one night’s hotel accommodation in Ottawa on September 4, 2020; and
  • CAD 150 for ground transportation on September 6, 2020.

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

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

[5] The Agency does not have the authority to award general damages in cases involving a carrier’s failure to apply its tariff. Therefore, the Agency will not consider Ms. Witzman’s claim for compensation related to the loss of wages.

Flight cancellation

[6] On August 17, 2020, WestJet informed Ms. Witzman that it had changed her itinerary to one with connecting flights in Toronto. WestJet rebooked Ms. Witzman to travel on earlier flights on September 4, 2020, arriving in Ottawa at 10:32 pm rather than at 6:13 am on September 5, 2020. On September 7, 2020, she was originally scheduled to arrive in Edmonton at 9:30 am, but WestJet rebooked her to arrive at 7:26 pm instead. She subsequently changed her return flights to travel on September 6, 2020.

[7] Ms. Witzman claims that she was forced to accept the new flights after she was informed that she would be given a travel bank credit, rather than a refund, if she declined. She also claims that she incurred expenses for hotel accommodation and ground transportation because of the schedule change.

[8] WestJet states that the temporary suspension of non-stop flights was an operational decision within its control, due to travel restrictions resulting from the COVID-19 pandemic.

[9] WestJet states that, on August 19, 2020, Ms. Witzman accepted the new itinerary with non-direct flights; that she travelled on these flights; and that she arrived in Ottawa on September 4, 2020, earlier than originally scheduled. WestJet therefore argues that it met its obligations and that she is not entitled to any compensation.

[10] Under the Tariff and the APPR, WestJet provides compensation for inconvenience if a passenger is informed of a cancellation within its control 14 days or less before the departure time indicated on their original ticket, and their arrival is delayed by 3 hours or more. Also, WestJet must rebook the passenger on the next available flight that is operated by itself or a carrier with which it has a commercial agreement to ensure that they complete their itinerary as soon as feasible.

[11] In this case, Ms. Witzman was advised of the schedule change more than 14 days in advance and her arrival in Ottawa was not delayed. She agreed to travel on a flight that arrived a day earlier than the one originally scheduled. Therefore, the Agency finds that WestJet complied with its obligations by rebooking her on an alternate flight that ensured that she completed her itinerary as soon as feasible.

[12] Additionally, the Agency finds that Ms. Witzman is not entitled to compensation for inconvenience because WestJet informed her of the schedule change more than 14 days prior to the original departure date of her flight.

Communication

[13] Ms. Witzman argues that her ability to communicate with WestJet after the initial change to her itinerary was so hampered that it was not feasible to obtain answers about her rights as a passenger or about refunds of her ticket so that she could reuse the funds to make alternate travel arrangements.

[14] As the Agency indicated in Decision 122-C-A-2021 (APPR Interpretive Decision), the key objectives of the APPR are to ensure that passengers know their rights and that they are provided with clear, timely and accurate information during a flight disruption.

[15] While Ms. Witzman indicates that she experienced lengthy wait times to speak to WestJet agents by telephone, there is no evidence about how long she waited. However, evidence filed by both parties indicates that she did speak with WestJet agents on three occasions in August 2020 and also received an email response, but that she was not satisfied with WestJet’s policies.

[16] Although Ms. Witzman sought a refund of her ticket after the itinerary change, the Agency finds that she bought a non-refundable ticket. The applicable change/cancel policy states that the value of cancelled flights would be returned as a travel bank credit, valid for 24 months.

[17] WestJet accurately explained to Ms. Witzman that its Tariff allows it to change or cancel its planned schedules, routes or aircraft types and provided her with the reason for the schedule change. It advised her that this schedule change was due to an adjustment to the flight schedules because of the COVID-19 pandemic. WestJet then reiterated, in an email exchange with Ms. Witzman, that this meant that it significantly downsized its route options and that direct flights from Edmonton to Ottawa were no longer viable.

[18] The evidence indicates that Ms. Witzman was informed about the options available to her. WestJet agents explored alternate itineraries with her. She was informed that, if she did not accept a new itinerary and did not board the flights, she would be considered a “no-show” and the value of the tickets would be forfeited. The notification email also advised her that, if she wanted to cancel her non-refundable ticket, she would receive the full value of her ticket in the form of a travel bank credit valid for 24 months and that, if she preferred a refund to the original form of payment, she would be provided with information at a later date. This was repeated in other communications to her. The Agency therefore finds that WestJet fulfilled its obligations under the APPR regarding communications.

Standards of treatment

[19] Under the Tariff and the APPR, the carrier must offer hotel accommodations for passengers faced with an overnight delay due to a flight disruption within the carrier’s control, if they are informed of the flight disruption less than 12 hours before the original departure time of their flight.

[20] WestJet submits that Ms. Witzman was informed of the schedule change more than 12 hours before the scheduled departure time on her original ticket and is therefore not eligible for compensation and refund of her expenses under the APPR.

[21] The Agency recognizes that the new itinerary that WestJet offered to Ms. Witzman was less convenient for her. However, the Agency finds that WestJet is not responsible for the refund of her expenses for hotel accommodation and ground transportation because she was not delayed in arriving in Ottawa and was advised of the schedule change more than 12 hours before the original departure time of her flight. As the terms and conditions of carriage under the Tariff do not extend beyond the arrival of a passenger to their final destination indicated on the ticket, the Agency finds that Ms. Witzman is not entitled to the refund of these expenses.

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


Legislation or Tariff referenced Numeric identifier (section, subsection, rule, etc.)
Air Transportation Regulations, SOR/88-58 110(4)
Air Passenger Protection Regulations, SOR/2019-150 12(1); 12(3)(b); 12(3)(d); 13(1); 14(1); 14(2); 17(1)(a)(ii)
Local domestic tariff 90(D)(1); 90(D)(3); 90(D)(6)(a)(iii); 90(H); 90(I)(4); 90(J); 95(C)

Member(s)

Heather Smith
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