OTTAWA, June 12, 2013 /CNW/ - In a decision released today, the Canadian Transportation Agency ruled on the
reasonableness and clarity of WestJet's international tariff provisions
related to its denied boarding compensation.
In response to a complaint alleging that WestJet's international tariff
contained several unreasonable and conflicting provisions respecting
denied boarding, WestJet will now have to provide compensation to
passengers affected by denied boarding on flights to and from Canada.
The Agency has ordered WestJet to revise its existing rules for travel
to and from Canada.
In addition, the Agency has disallowed tariff provisions that exempt
WestJet from liability for overbooking a flight. This is irrespective
of whether that overbooking occurred for reasons outside of the
carrier's control or if WestJet gives the passenger a travel credit or
a full refund.
The Agency is of the view that passengers should be able to fully
understand their rights and the remedies available to them simply by
reading the tariff, which is the contract between the carrier and the
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 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.
The Agency has the authority to address the terms and conditions of
carriage for domestic traffic on complaint and for international
traffic on complaint and its own motion. In these contexts, the Agency
has the power to suspend, disallow or substitute the terms and
conditions of carriage.
About the Canadian Transportation Agency
The Canadian Transportation Agency is an independent administrative body
of the Government of Canada. The Canadian Transportation Agency has a
number of mechanisms in place and is helping to protect consumers by:
resolving disputes between members of the public and air carriers
through facilitation, mediation or formal adjudication;
working with air carriers and members of the public to ensure that they
are aware of their rights and obligations;
ensuring air carrier tariffs are compliant with Canadian legislation and
working with the industry to remove obstacles to transportation to the
mobility of persons with disabilities by resolving individual
complaints and by developing codes of practice, standards and
regulations for accessible transportation.
SOURCE: Canadian Transportation Agency
For further information:
For more information on dispute resolution for air travellers, consult the Backgrounder: Dispute Resolution for Air Travellers
News Media Enquiries: email@example.com or 819-934-3448
General Public Enquiries: firstname.lastname@example.org or 1-888-222-2592 or TTY 1-800-669-5575
To keep up-to-date with our latest news releases and other information, subscribe to our electronic mail service