DOMESTIC TARIFF RULES, RATES & CHARGES. Applicable to TRANSPORTATION OF PASSENGERS AND GOODS. Between points in Canada ADOPTION NOTICE

Transcription

1 (CTA(A)no. 5 DOMESTIC TARIFF RULES, RATES & CHARGES Applicable to TRANSPORTATION OF PASSENGERS AND GOODS Between points in Canada ADOPTION NOTICE Effective March 25, 2014 this tariff, as amended, is hereby adopted as the tariff of WestJet and WestJet Encore Ltd. Issued by Mr. Lorne Mackenzie Director, Regulatory and Government Affairs WestJet 22 Aerial Place N.E. Calgary, AB. T2E 3J1

2 TABLE OF CONTENTS RULE DEFINITIONS AND INTERPRETATION DEFINITIONS CURRENCY MILEAGE DETERMINATION... 8 RULE APPLICATION OF THE TARIFF APPLICATION AIR TRANSPORTATION CONTRACT REQUIREMENT INCORPORATION OF TARIFF INTO AIR TRANSPORTATION CONTRACT CONDITIONS OF APPLICATION APPLICATION OF TRAVELLER S RIGHTS PROVISIONS RULE RATES AND CHARGES - DOMESTIC SERVICE DOMESTIC SERVICE RATES AND CHARGES PAYMENT TERMS PASSENGER INITIATED FLIGHT MODIFICATIONS GST AND HST EXEMPTIONS RULE CARRIER SCHEDULE CHANGES, DELAYS AND CANCELLATIONS CARRIER SCHEDULE CHANGES AND CANCELLATION COMMUNICATIONS FOR SCHEDULE CHANGES COMMUNICATIONS FOR DELAYS AND CANCELLATIONS SERVICES PROVIDED DURING CONTROLLABLE DELAYS OR CANCELLATIONS DENIED BOARDING COMPENSATION COMPENSATION PROVIDED FOR CONTROLLABLE DELAYS AND CANCELLATIONS RULE RATES AND CHARGES - CHARTERS CHARTER SERVICE RATES AND CHARGES PAYMENT TERMS CHARTERER CANCELLATION, CHANGE AND REFUND TERMS CARRIER CANCELLATION, CHANGE AND REFUND TERMS CARRIER S RIGHT TO SUBSTITUTE AIRCRAFT PASSENGER EXPENSES RESULTING FROM FLIGHT DELAYS OR ADVANCE FLIGHT DEPARTURES RULE RATES AND CHARGES - CARGO SERVICE CARGO SERVICE RATES AND CHARGES BULK CARGO SERVICE AGREEMENT PAYMENT TERMS REFUNDS RULE CONDITIONS OF CARRIAGE CONDITIONS OF CARRIAGE CARRIAGE OF PASSENGERS Page 1

3 7.3 LIABILITY OF CARRIER FOR REFUSING CARRIAGE OF A PASSENGER CARRIAGE OF GOODS CARRIER S LIABILITY FOR REFUSING CARRIAGE OF GOODS BAGGAGE DELAYS LIMITATION OF LIABILITY FOR BAGGAGE OR GOODS RULE INTERLINE BAGGAGE ACCEPTANCE APPLICABILITY GENERAL INTERLINE BAGGAGE ACCEPTANCE PASSENGER S SPECIAL STATUS STOPOVERS CARRY ON EMBARGOES TRANSPORTATION OF SPECIAL ITEMS BAGGAGE RULE APPLICATION BY PARTICIPATING CARRIER DISCLOSURE OF BAGGAGE RULES WEB SITE DISCLOSURE RULE CARRIER S LIMITATION OF PASSENGER AND GOODS LIABILITY LIMITATION OF PASSENGER AND GOODS LIABILITY LIMITATIONS RESPECTING CALCULATION OF DAMAGES CARRIER S LIABILITY FOR ACTS OR OMISSIONS OF OTHER PERSONS LIMITATION OF ACTIONS RESPECTING CLAIMS RULE REFUNDS INVOLUNTARY AND VOLUNTARY REFUNDS INVOLUNTARY REFUNDS VOLUNTARY RULE ADVANCE SEAT SELECTION POLICY AND PROCEDURES ADVANCE SEAT SELECTION FEES CHANGES AND CANCELLATIONS TO AN ADVANCE SEAT SELECTION SEAT ASSIGNMENT FOR CHILDREN RULE TRAVELLER S RIGHTS PROVISIONS Page 2

4 CTA... Cont d... No.... Canadian Transportation Agency Continued Number $... Canadian Dollar(s) (R)... (A)... (C)... (X)... (N)... N/Y... Cy.... N/A... Denotes reductions Denotes increase Denotes change which results in neither increases or reductions Denotes cancellation Denotes addition Canadian Currency Not Applicable Page 3

5 RULE 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions In this Tariff, the following words shall have meanings set out below: Air crew means the flight crew and one or more persons who, under the authority of the Carrier, perform in-flight duties in the passenger cabin of an aircraft of the Carrier; "Airline Designator Code" means an identification code comprised of two-characters which is used for commercial and traffic purposes such as reservations, schedules, timetables, ticketing, tariffs and airport display systems. Airline designators are assigned by IATA. When this code appears on a ticket, it reflects the carrier that is marketing (i.e.: selling) the flight, which might be different from the carrier operating (i.e.: delivering the service) the flight. Air service includes a Live Flight and a Ferry Flight; Air Transportation Contract means with respect to a Domestic Service, a contract entered into between the passenger and the Carrier for the provision of air service to the passenger and its goods in the form of a reservation and confirming itinerary issued by the Carrier or an agent of the Carrier authorized for that purpose, in respect of Cargo, a contract entered into between the Carrier and any person for the carriage of Cargo on a Domestic Service or Charter Service flight, and in respect of a Charter, means a written contract entered into between the Charterer and the Carrier for the provision of a Charter Service for the Charterer s passengers and their goods; Air Transportation Regulations mean the Regulations Respecting Air Transportation, SOR/88-58 as amended from time to time, and any substitute regulations prescribed in relation to the subject-matter therein; All-in pricing displays flight prices inclusive of all applicable taxes fees and charges. Assistant / attendant a person who travels with a person with a disability, is 18 years of age or over, and is fully capable of providing a service related to the disability that is not usually provided by the carrier s staff; Baggage means luggage or such articles, effects or other personal property of a passenger or passengers, as are necessary or appropriate for wear, use, comfort or convenience in connection with the flight; "Baggage check" means those portions of the ticket which provide for the carriage of passenger(s) checked baggage and which are issued by carrier as a receipt for the passenger(s) checked baggage; "Baggage Rules" means the conditions associated with the acceptance of baggage, services incidental to the transportation of baggage, allowances and all related charges. "Baggage tag" means a document issued by carrier solely for identification of checked baggage, one (1) portion of which is attached by carrier to a particular article of checked baggage and the other portion of which is given to the passenger; Canada means the ten provinces of Canada, the Yukon Territory, the districts and islands comprising the Northwest Territories and Districts and Islands comprising Nunavut; Canada Transportation Act or CTA means the Canada Transportation Act, 1996, Chap. 10, as amended from time to time; Cargo means goods which are accepted for transport by the Carrier from a person who is not a passenger of the Carrier, or who is a passenger, but who has executed an agreement with the Carrier for treatment of the goods as Cargo and who has paid the rates set out in Schedule D1; Page 4

6 Cargo Service means the carriage of Cargo by the Carrier in accordance with the terms and provisions of this Tariff on a Domestic Service or Charter Service Flight; Carrier means WestJet and/or WestJet Encore, corporate bodies licensed to provide Domestic Services and non-scheduled international services under the CTA, and having its head office at 22 Aerial Place, N.E., Calgary, Alberta T2E 3J1; Charter or Charter Service means a Common Purpose Charter or an Entity Charter, as the context requires, but only with respect to flights operated between, from and to points wholly within Canada; Charterer means a person who contracts for the transportation of passengers and goods from a specified Origin within Canada to a specified Destination within Canada, for a particular itinerary, agreed upon in advance, with respect to a Charter; Code-share is a flight which is marketed by one airline, but operated by another. "Class of service" means the compartment of the aircraft in which the passenger is entitled to be transported pursuant to the general schedule of the carrier. Controllable IROP means a flight delay, cancellation or diversion is considered to be within WestJet s control or the control of a WestJet-contracted ground handler. Some examples include mechanical issues, WestJet IT system failures and delays or cancellations due to operational requirements. Common Purpose Charter or CPC means a round-trip passenger flight originating in Canada that is operated according to the conditions of a contract entered into between the Carrier and one or more Charterers that requires such Charterer(s) to charter the entire passenger seating capacity of an aircraft of the Carrier to provide transportation at a price per seat to passengers either travelling to or from a CPC event or participating in a CPC educational program, as those terms are defined in Airport Transportation Regulations; Destination means the point to which the passengers or goods to be transported on a flight are bound, and in respect of this Tariff, includes only points within Canada; Domestic Service means scheduled or non-scheduled air services (excluding Charters) for the transportation of passengers and goods between, from and to points wholly within Canada; "Down Line Carrier" means any carrier, other than the selecting carrier, who is identified as providing interline transportation to the passenger by virtue of the passenger s ticket. Early Show means a full revenue passenger who requests to travel on an earlier flight scheduled for departure on the same day of travel with the same origin and destination. Entity Charter means a flight operated according to the conditions of an Air Transportation Contract under which: a. the cost of transportation of passengers or goods is paid by one person, corporation or organization without any contribution, direct or indirect, from any other person; and b. no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation; Emotional Support Animal is an animal which is used to provide support for an emotional disability and is required as an accommodation for air travel or for activities at the passenger s destination. Event of Force Majeure - means an event, the cause or causes of which are not attributable to the willful misconduct or gross negligence of the Carrier, including, but not limited to (i) earthquake, flood, hurricane, explosion, fire, storm, inclement weather, or the actions of third parties such as acts of government or air traffic control, airport authorities, security agencies, law enforcement or Customs and Immigration officials, epidemic, other acts of God or public enemies, war, national emergency, invasion, insurrection, riots, strikes, picketing, boycott, lockouts or other civil disturbances, (ii) interruption of flying Page 5

7 facilities, navigational aids or other services, (iii) any laws, rules, proclamations, regulations, orders, declarations, interruptions or requirements of or interference by any government or governmental agency or official thereof, (iv) inability to procure materials, accessories, equipment or parts from suppliers, mechanical failure to the aircraft or any part thereof, damage, destruction or loss of use of an aircraft, confiscation, nationalization, seizure, detention, theft or hijacking of an aircraft, or (v) any other cause or circumstances whether similar or dissimilar, seen or unforeseen, which the Carrier is unable to overcome by the exercise of reasonable diligence and at a reasonable cost. Fare means the rate charged to a passenger in respect of a particular class of Domestic Service offered by the Carrier, from time to time; Fare class means a group of fares "Fare type" refers to one of the three tiered packages that set forth the applicable options that the passenger is entitled to and the associated fees respectively. Fee, Charge or Surcharge means an amount of money collected by the carrier from the passenger, distinct from the fare, and either in respect of transportation services or services ancillary to transportation services. Fees and surcharges may be collected by the carrier on its own behalf or pursuant to an obligation imposed or authorization received from a third party. Ferry Flight means the movement of an aircraft without passengers or goods to position the aircraft to perform a flight or upon completion of a flight to position the aircraft to a point required by the Carrier; Goods means any type of personal property, including baggage and Cargo, that can be transported by air, including animals, but does not include mail other than in plane load lots; Group means 10 or more passengers travelling together on the same flight from a common point of origin to a common destination. Guardian means an adult over the age of 18 who is responsible for the care and safety of the child(ren) they are transporting Infant means children under the age of 2 years and carried free of charge by an adult sharing the same seat as the infant. Proof of age must be provided and is restricted to one infant per adult passenger; "Interline agreement" means an agreement between two or more carriers to co-ordinate the transportation of passengers and their baggage from the flight of one air carrier to the flight of another air carrier (through to the next point of stopover). "Interline itinerary" means all flights reflected on a single ticket involving multiple air carriers. Only travel on a single ticket is subject to the Agency s approach provided the origin or the ultimate ticketed destination is a point in Canada. "Interline travel" means travel involving multiple air carriers listed on a single ticket that is purchased via a single transaction. Itinerary means, a schedule setting forth the name of the relevant passenger(s), the flight, flight number, class of flight, flight times, as well as the Origin and Destination of the flight issued to a passenger on payment of the appropriate rates and charges in respect of that flight; IROP is an irregular operation. Live Flight means the movement of an aircraft with passengers or goods from the point of take-off at the Origin to a point or points of landing thereafter, inclusive of the point of landing at the Destination (immediate technical or fuel landings excepted); Page 6

8 "Marketing Carrier" means the carrier that sells flights under its code. "Most Significant Carrier (MSC)" is determined by a methodology, established by IATA (Resolution 302) (see Appendix XX), which establishes, for each portion of a passenger's itinerary where baggage is checked through to a new stopover point, which carrier will be performing the most significant part of the service. For travelers under the Resolution 302 system, the baggage rules of the MSC will apply. For complex itineraries involving multiple checked baggage points, there may be more than one MSC, resulting in the application of differing baggage rules through an itinerary. "Most Significant Carrier (MSC) IATA Resolution 302 as conditioned by the Agency" in this instance, the MSC is determined by applying IATA Resolution 302 methodology as conditioned by the Agency. The Agency s reservation has stipulated that only a single set of baggage rules may apply to any given interline itinerary. The aim of the Agency s reservation is to allow the selecting carrier to use the MSC methodology to determine which carrier's baggage rules apply to an international interline itinerary to or from Canada, while reinforcing the role of tariffs in the determination of which carrier s rules apply. "Operating Carrier" means the carrier that operates the actual flight. Operations and Procedures Manual means the Carrier s Operations and Procedures Manual in effect; Origin means the point from which a flight commences with passengers and goods to be transported, which, for the purposes of this Tariff, includes only points within Canada; "Participating Carrier(s)" includes both the selecting carrier and down line carriers who have been identified as providing interline transportation to the passenger by virtue of the passenger s ticket. Passenger means a person, other than a member of the air crew, who uses the Carrier s Domestic Service, or the service provided by a Charterer, by boarding the Carrier s aircraft pursuant to a boarding pass issued in respect of an Air Transportation Contract with the Carrier, or with the Charterer; Passenger Liability means the legal liability of the Carrier to any passenger or other person in respect of a passenger, arising from the Carrier s operation, ownership or possession of an aircraft, for: a. injury to or death of persons who are passengers; b. losses suffered or sustained by a passenger or other person as a result of the Carrier s inability to perform, in whole or in part, the air service contracted for; c. damage to or loss of goods in the Carrier s charge; or d. losses due to any delay in delivery of any goods in the Carrier s charge. Person means an individual, firm, corporation, association, partnership, or other legal entity, as the context requires or otherwise permits; Person with a disability means a person who, in accordance with the classification system adopted by the World Health Organization and set out in the International Classification of Functioning and Disability; ( the ICF ) has an impairment which gives rise to an activity limitation and/or participation restriction. The terms impairment, activity limitation and participation restriction have the meanings assigned in the ICF; "Round Trip" means any trip, the ultimate destination of which is the point of origin, and which is made via the same routing in both directions. "Routing" means the carrier(s) and/or the cities and/or class of service and/or type of aircraft via which transportation is provided between two points, as specified in this tariff. "Same-day" travel is defined as a flight departing within 24 hours of booking. "Selected Carrier" means the carrier whose baggage rules apply to the entire interline itinerary. Page 7

9 "Selecting Carrier" means the carrier identified on the first flight segment of the passenger s ticket at the beginning of an interline itinerary issued on a single ticket whose origin or ultimate destination is in Canada. "SDR" means Special Drawing Rights issued by the International Monetary Fund. "Single ticket" means a document that permits travel from origin to destination. It may include interline/code-share segments. It may also include end-to-end combinations (i.e., stand-alone fares that can be bought separately but combined together to form one price). "Stopover" means a deliberate interruption of a journey by the passenger, agreed to in advance by the carrier, at a point between the place of departure and the place of destination. "Summary page at the end of an online purchase" means a page on a carrier s Web site which summarizes the details of a ticket purchase transaction just after the passenger has agreed to purchase the ticket from the carrier and has provided a form of payment. Tariff means this tariff of fares, rates, charges and terms and conditions of carriage applicable to the provision of Domestic Services and Charters and ancillary services thereto; Tax means an amount of money collected by the carrier from the passenger pursuant to an obligation imposed by governmental authority; and "Ticket" means the electronic confirmation generated by the carrier s central reservations system, or confirmation number, baggage check and accompanying notices that incorporate this contract of carriage. Traffic means any passengers or goods that are transported by air. "Ultimate ticketed destination" means situations where a passenger s origin is a non-canadian point and the itinerary includes at least one stop in Canada, as well as at least one stop outside of Canada. If the stop in Canada is the farthest checked point and the stop is more than 24 hours, the Agency would consider the ultimate ticketed destination to be Canada. Uncontrollable irregular operations include but are not limited to: inclement weather, air traffic control, animal/bird/lightning strikes, facility issues, immigration and customs, security issues, medical diversions or unruly passengers. 1.2 Currency All rates and charges published in this Tariff are published in the lawful currency of Canada in the following formats and in additional formats as approved by the Carrier. Currency transactions may take the form of cash when paying fees at airports. Online purchases may be made using WestJet RBC MasterCard, American Express, Discover and Diners Club International cards, MasterCard and VISA. Group reservation may also be purchased with VISA debit, cheques and by wire transfer. Purchases made on-board the Carrier's aircraft may be made using any of the aforementioned credit cards; cash is not accepted. Based on the location of fee payment, conversion to Canadian dollars or to the local currency may occur. 1.3 Mileage Determination For the purposes of computing all rates and charges under this Tariff, the mileage to be used, including both Live Flight and Ferry Flight mileage, will be the shortest mileage covering the actual airport to airport great circle distance of the applicable flight, using the following in the order set out below or in combination: a. Air Distance Manual published jointly by the International Air Transport Association and International Aeradio Limited; b. IATA Mileage Manual published by the International Air Transport Association; c. Skyplan computer flight planning system; airway data source, Jeppeson. 1.4 CTA and Air Transport Regulations Page 8

10 If there is a conflict between this Tariff or any policies of the Carrier, and the CTA or Air Transport Regulations, the provisions of the CTA or the Air Transport Regulations, as applicable, shall apply, but only to the extent of such inconsistency. 1.5 Schedules Schedules are available upon request. Page 9

11 RULE 2 APPLICATION OF THE TARIFF 2.1 Application This Tariff shall apply, except where indicated, to the traffic and transportation of passengers and goods using aircraft operated by the Carrier in respect of a: a. Domestic Service via WestJet; b. Domestic Service via WestJet Encore Ltd.; c. Charter Service; and d. Cargo Service. 2.2 Air Transportation Contract Requirement No Domestic Service via WestJet and WestJet Encore Ltd., Charter Service or Cargo Service shall be furnished by the Carrier under the terms of this Tariff unless an appropriate written Air Transportation Contract, in the form prescribed by the Carrier, is executed by the passenger and the Carrier in respect of a Domestic Service, the Charterer and the Carrier in respect of a Charter and the Carrier and any person in respect of a Cargo Service. 2.3 Incorporation of Tariff into Air Transportation Contract The contents of this Tariff shall form part of any Air Transportation Contract between the Carrier and a passenger (including with respect to the passenger s goods), between the Carrier and the Charterer (including with respect to the Charterer s passengers and goods) and between the Carrier and any other person, and if there is a conflict between this Tariff and that contract, this Tariff shall prevail. 2.4 Conditions of Application Unless otherwise specified herein, all Domestic Service via WestJet and WestJet Encore Ltd., Charter Services and Cargo Services provided by the Carrier under this Tariff shall be subject to the rules, rates and charges published or referred to in this Tariff in effect, from time to time, by virtue of the effective date on each page, on the date of signing of an Air Transportation Contract. The contents of the Tariff shall apply fully to both Domestic Service via WestJet and WestJet Encore Ltd. unless a difference between service, charges or regulations is explicitly identified. In instances where a passenger is connecting between services, the most restrictive rule shall apply. 2.5 Application of Traveller s Rights Provisions The Traveller s Rights provisions outlined under "Carrier schedule changes, delays and cancellations" in the following tariffs do not make the airline responsible for acts of nature or the acts of third parties. The Carrier is legally obligated to maintain the highest standards of aviation safety and cannot be encouraged to fly when it is not safe to do so. Similarly, the Carrier cannot be held responsible for inclement weather, Force Majeure, or the actions of third parties such as acts of government or air traffic control, airport authorities, security agencies, law enforcement or Customs and Immigration officials. Where there are discrepancies between these tariffs and the intent of the provisions as set out in Transport Canada s Flight Rights, the terms identified in Transport Canada s Flight Rights shall prevail. Page 10

12 RULE 3 RATES AND CHARGES - DOMESTIC SERVICE 3.1 Domestic Service Rates and Charges The rates fees and charges applicable in respect of the provision of Domestic Services from point to point, shall be no greater than those rates set out in Schedule A hereto, plus any fees and charges applicable in respect of any goods of a passenger that exceed any weight or space limitations set by the Carrier in respect of each passenger, or in respect of an aircraft, as more particularly set out in Schedule D, and such other fees and charges which the carrier is entitled: a. to levy against a passenger or goods in accordance with the further terms of this Tariff, b. or required to levy by an airport authority, government department or agency or any other entity which provides services ancillary to transportation services. 3.2 Payment Terms a. All fares are due and payable by a passenger on or by twelve o clock midnight (Mountain Time) on the date on which the reservation is made. b. Currency for reservations made directly by calling the Carrier or using an external reservation system (for example Sabre or Apollo) will be charged in Canadian dollars; financial institutions may charge a conversion fee. Reservations made on the Carrier's website will be charged in either Canadian dollars (CAD), U.S. dollars (USD), Euro (EUR) or British Pounds (GBP), as determined by where travel begins. For example, a reservation for a flight departing from Toronto will have the flight cost and any fees charged in Canadian dollars. For a flight that departs from a destination outside of Canada, the flight cost and any fees will be charged in U.S. dollars, Euro or GBP. 3.3 Passenger Initiated Flight Modifications NOTE: All fares except group fares may be changed or cancelled by a passenger up to two (2) hours before the planned departure of the flight to which such fare relates; provided that, in respect of such change or cancellation, the following shall apply to: Cancellations a. where a reservation is cancelled within 24 hours of when it was made, the full amount of the reservation will be refunded to the original form of payment with the following exceptions: i. same-day travel bookings will be charged according to the fare type purchased as outlined in section 3.3. (b). ii. The carrier will refund bookings made on the Carrier s website using more than one form of payment when the passenger contacts the Carrier. If the passenger proceeds to cancel this type of booking on the Carrier s website, the full amount of the reservation will be credited to iii. a Travel Bank account. travel agent bookings will result in the ticket being kept in an unused/open status for a period of 13 months. b. where a one-way ticketed fare is cancelled more than 24 hours after the reservation was made, the Fare shall i. be subject to a non-refundable fee based on the fare type and have the balance distributed as follows: Fare type Fee charged Balance distributed to: Econo $75 CAD/USD Travel Bank credit Flex $50 CAD/USD Travel Bank credit Plus fare $50 CAD/USD Refunded to original form of payment Plus fare $0 Full balance to Travel Bank Credit ii. in the case of a booking made by a travel agent using an external reservation system (for example Sabre or Apollo) the ticket shall be kept in an unused/open status for a period of 13 months with the applicable fee collected at the time of rebooking. c. in any case where, in accordance with this rule, a passenger is entitled to a non-refundable credit towards the purchase of a future flight, the said credit shall include all amounts paid by the Passenger in association with the Fare, including refundable fees (from unused services such as Page 11

13 seat selection fees or kennel fees, charges, surcharges or taxes). The non-refundable credit shall be valid for one year from the date of the credit s creation and may be used towards the purchase of a future air-only booking with the Carrier. d. notwithstanding the above, the Carrier reserves the right to waive, in whole or part, the payment by any Passenger of a cancellation fee. Changes a. where a reservation is changed through the Carrier s reservation centre or through the Carrier s guest specific website within 24 hours of when the reservation was made, the passenger shall not incur a change fee. b. where a reservation is changed through the Carrier s corporate or visually impaired websites within 24 hours of when the reservation was made, the Passenger must contact the Carrier s reservation centre for this service to be completed, without fee, during this time period. c. passengers wishing to change their reservation more than 24 hours after booking may do so. Reservations made under the Econo Fare type are subject to a $75 CAD/USD non-refundable fee, reservations made under the Flex Fare type are subject to a $50 CAD/USD non-refundable fee and reservations made under the Plus Fare type receive this service at no additional charge. d. where a change completed more than 24 hours after the reservation was confirmed results in a Passenger paying a higher fare, then the Passenger shall pay any applicable change fee plus the difference in fare. e. where a change completed more than 24 hours after the reservation was confirmed results in a lower fare, the applicable change fee will apply, and any remaining difference will be distributed based on the original booking channel as follows: 1. Booked directly through: the Carrier, the Carrier s passenger website, rewards program website or visually impaired website: placed in a non-refundable Travel Bank credit or refunded according to the fare type purchased, or when fare paid with WestJet dollars, returned to the originating WestJet Rewards account. 2. Booked on the Carrier s travel agency website: Funds are forfeited if changed on the website, Travel Bank credit option may be available if the Carrier is contacted directly for the change. 3. Booked on external reservation system: Funds are forfeited. f. in any case where, in accordance with this rule, a passenger is entitled to a non-refundable Travel Bank credit towards the purchase of a future flight, the said credit shall include all amounts paid by the Passenger, in association with the Fare, including refundable fees (from unused services such as seat selection fees or kennel fees), charges or surcharges. The nonrefundable credit shall be valid for one year from the date of the credit s creation and may be used towards the purchase of a future air only booking with the Carrier. Taxes are not included in the non-refundable credit g. notwithstanding the above, the Carrier reserves the right to waive, in whole or part, the payment by any passenger of a change fee. Page 12

14 Early show and missed flight re-accommodation a. Passengers wishing to change to an earlier flight, or re-accommodate a missed flight, to the same origin and destination on the same day of travel must be make their request at the time of check in (or at the airport within two hours of a missed flight), Changes and re-accommodations are subject to availability. The difference in fare will not be charged or refunded for a change to an earlier or missed flight. For missed flight re-accommodation the passenger must notify the Carrier at the airport within two hours of the missed flight. Fare level Fee Econo Flex Plus and WestJet Rewards Gold members $75 CAD/USD $50 CAD/USD $0 No shows a. the fares and fees associated with a reservation of passengers who fail to show up for the flight to which the Fare relates and do not otherwise cancel their reservation or change their reservation within two (2) hours of such flight, shall be non-refundable and non-creditable towards future flights. b. if following the first segment of a round-trip fare, the passenger fails to complete the round-trip or second segment of that fare, the round-trip fare shall be non-refundable and non-creditable. c. when a round trip or multi-segment reservation has been made and a passenger is a no show for his or her reservation for the first segment, the Carrier will cancel the return portion or the continuing portion of the Passenger s reservation without notification. All monies for the remaining segments are forfeited and no compensation shall be issued. d. in any case where, in accordance with this rule, a fare is non-refundable, fees, charges, surcharges and taxes paid by the Passenger in association with the Fare shall likewise be nonrefundable. e. in any case where, in accordance with this rule, a passenger is not entitled to a credit in respect of a fare, the passenger shall likewise not be entitled to a credit in respect of fees, charges, surcharges and taxes paid by the Passenger in association with the Fare. f. notwithstanding the above, the Carrier reserves the right to accommodate passengers who fail to show up for the flight on a later flight, or provide a non-refundable credit towards a future flight Group Fares a. to qualify for a group fare, 10 or more passengers must travel together on one common flight. b. the Carrier requires a $75 CAD deposit per person at the time of booking. This deposit is non-refundable and non-creditable in the event of a full cancellation, however the deposit is not applicable to final payment and once final payment is received the deposit will be refunded to original form of payment. c. payment in full is required for all group bookings 30 days before departure. d. name changes made within 24 hours before departure shall be assessed a change fee of $75 CAD/USD per name changed. e. 10 per cent of the group may be release (i.e.: cancelled) without loss of deposit up to the final payment due date. f. notwithstanding the above, the Carrier reserves the right to refund or provide a credit, in whole or part, for the deposit made by or for any passenger. g. 20 per cent of the group may be released (i.e.: cancelled) without loss of deposit up to the final payment due date. h. the carrier will complete a full refund to the original form of payment if the reservation is canceled within 24 hours of booking for bookings where the departure date is more than seven days in the future. 3.4 GST and HST Exemptions Page 13

15 3.4.1 The GST/HST exemption rules for Federal and Provincial government departments have been agreed upon by the Federal and Provincial government bodies. The rules currently provide an exemption to the GST/HST for certain listed entities in the provinces of Quebec, Manitoba, Saskatchewan, Alberta, Northwest Territories, and the Yukon. Information on listed entities can be obtained by calling the Canada Revenue Agency at The exemption from GST/HST is only valid if the supply is sold to a listed entity for the official business of that entity and the purchase is paid for with crown funds. Employees of listed entities purchasing travel for official business with their personal credit cards are not exempt For travel agencies a. The Carrier requires that documentation proving compliance with the rules (verified before the exemption was granted) be kept for a minimum of four years. b. It is the passenger s responsibility to ensure that tax exemptions provided adhere to the exemption rules specific to the tax being exempted at any particular time and to ensure they are aware of the applicable rules at the time of granting any exemption. Page 14

16 RULE 4 CARRIER SCHEDULE CHANGES, DELAYS AND CANCELLATIONS 4.1 Carrier Schedule Changes and Cancellation Passengers have a right to information on flight times and schedule changes. In the event of a delay, an advanced flight departure or schedule change the carrier will make reasonable efforts to inform the passengers of delays, proposed advanced flight departures and schedule changes, and, to the extent possible, the reasons for them. 4.2 Communications for Schedule Changes The Carrier will make reasonable efforts to inform passengers of delays and schedule changes and to the extent possible, the reason for the delay or change. For schedule changes, passengers will be communicated: a. Immediately via (if available in the reservation). Passengers who do not respond will be ed again. b. By phone where an address is not available. c. The general information needed on how to contact the carrier in regards to the schedule change. d. That alternate arrangements will be made if the new flight time is inconvenient. 4.3 Communications for Delays and Cancellations Passengers will receive delay or cancellation information: a. Via the Carrier websites b. Before arriving at the airport (time permitting and where accurate contact information is available). c. At the airport during check-in d. At the airport by departure and arrival screens e. At the airport by re-directing self-serve (e.g. kiosk) passenger to a Carrier representative f. At the airport by Carrier announcements. Status updates will be provided every minutes before boarding g. On the aircraft every 10 minutes (when safe for pilots to do so) Delay or cancellation information will include: a. The reason for the delay or cancellation b. The length of the delay (if available) c. Available re-accommodation options 4.4 Services provided during controllable delays or cancellations The Carrier will provide the following to confirmed passengers: a. meal vouchers for any posted or estimated departure delay of three (3) or more hours up to a maximum of three (3) meal vouchers per day. b. a hotel voucher, one (1) meal voucher and airport transfers for passengers who are delayed eight (8) hours or more and who did not start their travel at that airport. c. if the passenger is already on the aircraft when a delay occurs, and it is safe, practical and there is adequate time to do so, the Carrier will: i. offer drinks and snacks and ii. if the delay exceeds 90 minutes the aircraft will return to the gate to provide passengers with the option to disembark. d. if a confirmed passenger misses their original down-line connection to another flight (with the Carrier) as a result of a controllable delay, the Carrier will offer the passenger the choice of: i. transportation, without further charge and within a reasonable time, to either the passenger s intended destination or point of origin with the Carrier, an interline or code-share partner of the Carrier, or another Carrier as deemed necessary; ii. a credit, in an amount to be determined by the Carrier, which may be used towards the purchase of future transportation with the Carrier; iii. a monetary payment in the amount of the unused portion of the passenger s ticket Page 15

17 (see for additional clarification); e. The Carrier will transport the passenger and baggage as soon as operationally feasible; however scheduled departure times shown on the Carrier's website or elsewhere are not guaranteed and form no part of this contract. Schedules are subject to change without notice. f. The Carrier may, without notice, substitute alternative carriers or aircraft and, if necessary, may alter or omit connection points shown in the timetable. g. Without limiting the generality of the foregoing, the Carrier cannot guarantee that the passenger s baggage will be carried on the flight if sufficient space is not available as determined by the carrier. i. If the Carrier is not able to present a reasonable transportation option to a passenger which takes into account all known circumstances, the passenger may request a refund for any unused portion of his/her ticket. In all cases, the Carrier will refund the amount of the fare and any taxes or fees paid by the passenger. 4.5 Denied boarding compensation Subject to the exception stated in Rule 2.5, if a flight is overbooked with the result that a ticketed passenger is not transported on a flight for which he held confirmed space, (c) the carrier will consider, to the extent they are known to the carrier, the circumstances of the passenger affected by the overbooking, including any expenses which the passenger, acting reasonably, may have incurred as a result of the overbooking or cancellation as, for example, costs incurred for accommodation, meals or additional transportation. (d) in defining the alternative remedies to be offered, the carrier will make a good faith effort to fairly recognize, and appropriately mitigate the impact of the overbooking or cancellation upon the passenger. (e) volunteers and boarding priorities if a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his/her will until airline personnel first ask for volunteers who will give up their reservations willingly, in exchange for a payment of the carrier's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily, in accordance with the following boarding priority of the carrier: the last passenger to arrive at the ticket lift point will be the first to be denied boarding, except; - passengers travelling due to death or illness of a member of the passenger's family, or, - aged passengers, or - unaccompanied children, or - passengers with a disability (f) Compensation for involuntary denied boarding - a passenger who is denied boarding involuntarily, is entitled to a payment of "denied boarding compensation" from the carrier unless the passenger: - has not fully complied with the carrier's ticketing, check-in requirements, or is not acceptable for transportation under the airline's usual rules and practices; or - is denied boarding because the flight is cancelled; or - is denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons and the carrier took all reasonable measures to avoid the substitution or that it was impossible for the carrier to take such measures; or - has been offered accommodations in a section of the aircraft other than specified on the ticket, at no extra charge, (a passenger seated in a section for which a lower fare is charged must be given an appropriate refund); or the carrier is able to place the passenger on another flight or flights that is planned to reach the passenger's final destination or next scheduled stopover within one hour of the scheduled arrival of the original flight. (g) Amount of denied boarding compensation: eligible passengers, as per paragraph (f) above, who are denied boarding involuntarily from an oversold flight are entitled to: (1) no compensation if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover not later than one hour after the planned arrival time of the passenger's original flight; (2) 200% of the total price to the passenger's destination or first stopover, with a maximum of $650, if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover more than one hour but less than two hours after the planned arrival time of the passenger's original flight; and Page 16

18 (3) 400% of the total price to the passenger's destination or first stopover, with a maximum of $1,300, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger's destination or first stopover less than two hours after the planned arrival time of the passenger's original flight. (4) a total price means the total of the air transportation charges and third party charges that must be paid to obtain the service. (h) Method of payment (1) the carrier must give each passenger who qualifies for denied boarding compensation, a payment by cash or cash equivalent, cheque or draft for the amount specified above, or travel credits on the day and place the involuntary denied boarding occurs. However, if the carrier arranges alternate transportation for the passenger's convenience that departs before the payment can be made, the payment will be sent to the passenger within 24 hours. (2) the carrier will inform passengers of the amount of cash compensation that would be due and that the passenger may decline travel credits and receive cash or equivalent (3) the carrier will fully disclose all material restrictions before the passenger decides to give up the cash or equivalent payment in exchange for travel credit. (4) the carrier will obtain a signed agreement of the passenger confirming that the passenger was provided with the aforementioned information prior to providing the travel credit in lieu of cash or cash equivalent compensation. (5) the amount of travel credit will not be less than 300% of the amount of cash compensation that would be due. (6) passengers will be entitled to exchange the travel credits to cash or cash equivalent at the rate of $1 in cash being equivalent to $3 in travel credits within 1 month of receipt, not to exceed a cash payout greater than the maximum amount as defined by the length of the delay. (7) the rights of a passenger against the carrier in the event of overbooking is, in most cases of international carriage, governed by an international convention known as the Montreal convention, Article 19 of that convention provides that an air carrier is liable for damage caused by delay in the carriage of passengers and goods unless it proves that it did everything it could be reasonable expected to do to avoid the damage. There are some exceptional cases of international carriage in which the rights of passengers are not governed by an international convention. In such cases only a court of competent jurisdiction can determine which system of laws must be consulted to determine what those rights are. If a passenger declines to accept the alternative remedies offered by the Carrier, the passenger shall be entitled to exercise any legal rights it may have against the Carrier by reason of the overbooking or cancellation 4.6 Compensation provided for controllable delays and cancellations The Carrier will determine when an IROP is controllable and identify which passengers are eligible for IROP compensation. The Carrier will send an apology (when a passenger s address has been provided) which will include information on how to provide feedback via the Carrier s website. For confirmed passengers who experience a controllable delay based on the following criteria: i. Delays between 120 minutes and 179 minutes: apology with contact information. ii. Delays of 180 minutes or more on short haul flights (0-300 miles): apology with contact information and a 10 per cent WestJet IROP credit file. iii. Delays of 180 minutes or more on medium haul flights ( miles) or long haul flights (over 1001 miles): apology with contact information and a 20 per cent WestJet IROP credit file. Page 17

19 Page 18 RULE 5 RATES AND CHARGES - CHARTERS 5.1 Charter Service Rates and Charges The rates and charges applicable in respect of the provision of Charter Services (the Charter Fee ) shall be as agreed to by the Charterer and the Carrier; provided that, such Charter Fee shall, at a minimum, be comprised of rates and charges payable with respect to the matters set out and identified in Schedule C of this Tariff. 5.2 Payment Terms The Charter Fee shall be paid by the Charterer to the Carrier (or to any person whom the Carrier, directly or indirectly, has paid a commission or has agreed to pay a commission with respect to such Charter) as follows: a. 25% of the Charter Fee shall be paid upon execution of the relevant Air Transportation Contract; and b. the balance of the Charter Fee is due and payable thirty (30) days before planned departure. c. The Charter Fee may be paid using WestJet RBC MasterCard, American Express, Discover and Diners Club International cards, MasterCard and VISA, wire transfer and cheque. 5.3 Charterer Cancellation, Change and Refund Terms Unless otherwise agreed to, in writing, by the Charterer and the Carrier, all Charters are cancelable by a Charterer, and may be changed by a Charterer on the following terms and conditions: a. if a Charter Service is cancelled: i. more than thirty (30) days before planned departure, the cancellation fee shall be a sum equal to ten (10%) percent of the total Charter Fee; ii. equal to or less than thirty (30) days and up to twenty-four hours before planned departure, the cancellation fee shall be a sum equal to twenty-five (25%) percent of iii. the total Charter Fee; and less than twenty-four (24) hours before planned departure, the cancellation fee shall be a sum equal to fifty (50%) of the total Charter Fee; b. the Carrier shall use all commercially reasonable efforts to accommodate any changes to an Air Transportation Contract in respect of a Charter Service requested by a Charterer; provided that, the Charterer shall be liable to the Carrier for any excess charges incurred, suffered or sustained by the Carrier as a result of such change, and provided further that, the Carrier shall not be liable to the Charterer for any losses it may suffer should the Carrier be unable, in accordance with the terms of this subsection 4.3(b), to accommodate the changes requested by the Charterer. 5.4 Carrier Cancellation, Change and Refund Terms The Carrier reserves the right to cancel or change the planned departure, schedule, route, aircraft or stopping places of any flight for which Charter Fees have been paid, at any time and from time to time, for any reason, on notice to the Charterer but without notice to any passengers affected thereby, and in connection therewith, the liability of the Carrier to the Charterer shall be limited by the terms of any Air Transportation Contract entered into by the Carrier and the Charterer in respect thereof; provided that, if the Air Transportation Contract is silent on any matter or issue of related to the Carrier s rights under this Article 4, then the provisions of this Article 4 and Article 6.1 shall govern and prevail. 5.5 Carrier s Right to Substitute Aircraft If, for any reason, the Carrier is unable to supply the aircraft which was the subject of the Air Transportation Contract between the Charterer and the Carrier at any time before or during the provision of the agreed upon Charter Service, the Carrier may furnish another aircraft of the same type or, with the consent of the Charterer, may substitute any other type of aircraft, on the same terms and conditions (including rates and charges) as specified in the Air Transportation Contract, except as follows: a. If the substituted aircraft is capable of carrying more passengers and goods than the original aircraft chartered, the passengers and goods which may be carried in the substituted aircraft shall be no greater than originally contracted for unless the Charterer agrees to pay the increased rates and charges applicable to the substituted aircraft; and

20 Page 19 b. if the substituted aircraft is smaller than the original aircraft chartered, the rates and charges payable by the Charterer in respect of the Charter Service shall be based upon the rates and charges applicable to the type of substituted aircraft. c. The provisions of this Rule are not intended to make the Carrier responsible for the acts of third parties that are not deemed employees and/or agents of the Carrier under applicable law or international conventions and all the rights herein described are subject to the following exception, namely, that the Carrier shall not be liable for damage occasioned by overbooking or cancellation if the Carrier proves that it, and its employees and agents, took all measures that could reasonably be required to avoid the damage or if it was impossible for the Carrier, and its employees or agents to take such measures. d. Passengers have a right to information on flight times and schedule changes. In the event of a delay, an advanced flight departure or schedule change the Carrier will make reasonable efforts to inform the passengers of delays, proposed advanced flight departures and schedule changes, and, to the extent possible, the reasons for them. e. If the Passenger s journey is interrupted by an Advance Flight Departure, a flight cancellation or overbooking, the Carrier will take into account all the circumstances of the case as known to it and will provide the Passenger with the option of accepting one or more of the following remedial choices: (i) reimbursement of the total price of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if they no longer serve any purpose in relation to the passengers original travel plan, together with, when relevant, transportation to the passenger s point of origin, at the earliest opportunity, at no additional cost; (ii) transportation to the passenger s intended destination at the earliest opportunity, at no additional cost; (iii) When determining the transportation service to be offered, the Carrier will consider: i. available transportation services, including services offered by interline, code sharing and other affiliated partners and, if necessary, other non-affiliated carriers; ii. the circumstances of the Passenger, as known to it, including any factors which impact upon the importance timely arrival at the destination. (iv) having taken all known circumstances into consideration, the Carrier will take all measures that can reasonably be required to avoid or mitigate the damages caused by the Advance Flight Departure, overbooking and cancellation. Where a passenger nevertheless incurs expense as a result of the overbooking or cancellation, the Carrier will in addition offer a cash payment or travel credit, the choice of which will be at the Passenger s discretion. (v) When determining the amount of the offered cash payment or travel credit, the Carrier will consider all circumstances of the case, including any expenses which the Passenger, acting reasonably, may have incurred as a result of the Advance Flight Departure, overbooking or cancellation, for example, costs incurred for accommodation, meals or additional transportation. The Carrier will set the amount of compensation offered with a view to reimbursing the Passenger for all such reasonable expenses. f. The rights of a passenger against the Carrier are, in most cases of international carriage, governed by an international convention known as the Montreal Convention, Article 19 of that Convention provides that an air carrier is liable for damage caused by delay in the carriage of passengers and goods unless it proves that it did everything it could reasonably be expected to do to avoid the damage. There are some exceptional cases of international carriage in which the rights of the passengers are not governed by an international convention. In such cases only, a court of competent jurisdiction can determine which system of laws must be consulted to determine what those rights are. 5.6 Passenger Expenses Resulting from Flight Delays or Advance Flight Departures Passengers will be entitled to reimbursement from the Carrier for reasonable expenses incurred as a result of a flight delay or an Advance Flight Departure, subject to the following conditions: a. The Carrier shall not be liable for any damages, costs, losses or expenses occasioned by delays or advance flight departures if the Carrier proves it, and its employees and agents,