Tariff terms and conditions that are unclear, unjust or unreasonable, or unduly or unjustly discriminatory

Most air travel complaints are about a carrier failing to apply a fare, rate, charge or term or condition of carriage set out in its tariff.

However, you can also file an air tariff complaint with the Agency if you believe that the terms and conditions of a tariff are unclear, unreasonable, or unduly discriminatory.

How can I file an air tariff complaint about terms and conditions that are unclear, unreasonable, or unduly or unjustly discriminatory?

Follow the steps outlined on how to file an application for adjudication.

What are terms and conditions that are unclear, unreasonable, or unduly or unjustly discriminatory?

Air carriers can set the terms and conditions in their tariffs, so long as they are:

• clear;
• reasonable; and,
• not unduly or unjustly discriminatory

A carrier meets its tariff obligation of clarity when, in the opinion of a reasonable person, the rights and obligations of both the carrier and passengers are stated in such a way in the tariff as to exclude any reasonable doubt, ambiguity or uncertain meaning.

When considering the reasonableness of a carrier’s tariff, the Agency strikes a balance between the rights of passengers to be subject to reasonable terms and conditions of carriage and the carrier’s statutory, commercial and operational obligations. For example, a tariff that is inconsistent with an international agreement or convention to which Canada is a signatory may be found to be unreasonable.

When considering whether a tariff is unduly or unjustly discriminatory, the Agency must first determine whether the term or condition of carriage applied is “discriminatory”. If the Agency finds that the term or condition of carriage applied by the carrier is “discriminatory”, the Agency must then determine whether such discrimination is “unjust” in consideration of the statutory, commercial and operational reasons that led to the tariff.

To consult past Agency decisions on air tariff complaints, you may search the Agency's decision database.