Moffatt v. Air Canada: Bereavement Fares – Do Your Research!
A recent case from the British Columbia Civil Resolution Tribunal addressed a refund for bereavement fares.
By way of background, bereavement fares are offered by airlines at a reduced fare if a person needs to travel because of an imminent death or a death in their immediate family.
In Moffatt v. Air Canada, 2024 BCCRT 149, Jake Moffatt (“Mr. Moffatt”) booked a flight between Vancouver and Toronto through Air Canada’s website to attend his grandmother’s funeral. During his research, Mr. Moffatt interacted with Air Canada’s Chatbox (“Chatbox”). Chatbox is Air Canada’s automated system that provides information to a person using a website in response to that person’s prompts and input.[1]
The Chatbox responded as follows to Mr. Moffatt and advised that he could apply for bereavement fares retroactively:
“if you need to travel immediately or have already travelled and would like to submit your ticket for a reduced bereavement rate, kindly do so within 90 days of the date your ticket was issued by completing our Ticket Refund Application form.”[2]
Nonetheless, on November 11, 2022, relying on the Chatbox Mr. Moffatt booked his one-way flight from Vancouver to Toronto, departing on November 12, 2022, for $794.98. On November 16, 2022, relying on the same information, Mr. Moffatt booked his return flight from Toronto to Vancouver, departing on November 18, 2022, for $845.38.
On November 11, 2022, Mr. Moffatt spoke with an Air Canada representative who informed him that with the bereavement rate discount the fare for each flight would be approximately $380.
On November 17, 2022, Mr. Moffatt submitted his application for the bereavement fares refund. From December 2022 to February 2023, Mr. Moffatt corresponded with Air Canada in attempt to receive a partial refund of his fares.
On February 8, 2022, an Air Canada representative admitted that the Chatbox had provided “misleading words”.[3] The parties exchanged further emails afterwards, but were unable to resolve the matters.
Air Canada argued that Mr. Moffatt did not qualify for the bereavement fare because he had failed to follow the proper procedure outlined on their website. In addition, Air Canada stated that the ““chatbot is a separate legal entity that is responsible for its own actions.”
The Tribunal held that the Chatbox is “still part of Air Canada’s website”. The Tribunal also confirmed that Air Canada owed Mr. Moffatt a duty of care and was responsible for all the information available on its website.
As a result, Air Canada was held liable for negligent misrepresentation, and was ordered to pay Mr. Moffatt a total of $812.02.
While in this case the Applicant was successful – Do your Research!
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[1] Moffatt v. Air Canada, 2024 BCCRT 149 para 14
[2] Moffatt v. Air Canada, 2024 BCCRT 149 para 15
[3] Moffatt v. Air Canada, 2024 BCCRT 149 para 22
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Written by: Fabiana Araujo M. S. Kennedy
Posted on: March 18, 2024
Categories: Commentary, WEL Newsletter
A recent case from the British Columbia Civil Resolution Tribunal addressed a refund for bereavement fares.
By way of background, bereavement fares are offered by airlines at a reduced fare if a person needs to travel because of an imminent death or a death in their immediate family.
In Moffatt v. Air Canada, 2024 BCCRT 149, Jake Moffatt (“Mr. Moffatt”) booked a flight between Vancouver and Toronto through Air Canada’s website to attend his grandmother’s funeral. During his research, Mr. Moffatt interacted with Air Canada’s Chatbox (“Chatbox”). Chatbox is Air Canada’s automated system that provides information to a person using a website in response to that person’s prompts and input.[1]
The Chatbox responded as follows to Mr. Moffatt and advised that he could apply for bereavement fares retroactively:
“if you need to travel immediately or have already travelled and would like to submit your ticket for a reduced bereavement rate, kindly do so within 90 days of the date your ticket was issued by completing our Ticket Refund Application form.”[2]
Nonetheless, on November 11, 2022, relying on the Chatbox Mr. Moffatt booked his one-way flight from Vancouver to Toronto, departing on November 12, 2022, for $794.98. On November 16, 2022, relying on the same information, Mr. Moffatt booked his return flight from Toronto to Vancouver, departing on November 18, 2022, for $845.38.
On November 11, 2022, Mr. Moffatt spoke with an Air Canada representative who informed him that with the bereavement rate discount the fare for each flight would be approximately $380.
On November 17, 2022, Mr. Moffatt submitted his application for the bereavement fares refund. From December 2022 to February 2023, Mr. Moffatt corresponded with Air Canada in attempt to receive a partial refund of his fares.
On February 8, 2022, an Air Canada representative admitted that the Chatbox had provided “misleading words”.[3] The parties exchanged further emails afterwards, but were unable to resolve the matters.
Air Canada argued that Mr. Moffatt did not qualify for the bereavement fare because he had failed to follow the proper procedure outlined on their website. In addition, Air Canada stated that the ““chatbot is a separate legal entity that is responsible for its own actions.”
The Tribunal held that the Chatbox is “still part of Air Canada’s website”. The Tribunal also confirmed that Air Canada owed Mr. Moffatt a duty of care and was responsible for all the information available on its website.
As a result, Air Canada was held liable for negligent misrepresentation, and was ordered to pay Mr. Moffatt a total of $812.02.
While in this case the Applicant was successful – Do your Research!
—
[1] Moffatt v. Air Canada, 2024 BCCRT 149 para 14
[2] Moffatt v. Air Canada, 2024 BCCRT 149 para 15
[3] Moffatt v. Air Canada, 2024 BCCRT 149 para 22
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