22 October 2012
Dear Mr. Brewer:
We have been informed of your inquiry with The Canadian Transportation Agency (CTA) concerning the recent cancellation by SWISS of ticket number(s) [redacted] for travel between Yangoon (RGN) and Montreal (YUL) issued to you at an erroneous fare. We first wish to confirm that your ticket has been fully refunded on October 8, 2012, the Acquirer’s Reference Number (ARN) for this refund being [redacted]. While processing times can vary depending on your method of payment, please feel free to contact us if you have not received your refund.
As already indicated to you in our October 4, 2012 email, the fare appearing on the ticket you purchased was incorrect and resulted from a technical error attributable to third party travel entities unbeknownst to and beyond the control of SWISS.
Under Canadian law, SWISS must file a Tariff with the CTA which must contain, among other requirements, its General Conditions of Carriage. Paragraph (F) of Rule 5 APPLICATION OF TARIFF of SWISS’s Conditions of Carriage provides:
ERRONEOUS FARES
Swiss reserves the right to cancel reservations and/or tickets issued with an erroneously quoted fare by reason of a technical failure prior to said erroneous quote being detected and corrected. Swiss reserves the right to void the purchased ticket and refund the amount paid by the customer and/or offer the customer the ticket at a published fare that should have been available at the time of booking.
Rule 5 (F) was approved by the CTA under Special Permission No. 59292 and became effective on February 2, 2011. As offered in our October 4 email, SWISS will be pleased to rebook your ticket at the applicable fare should you choose to travel as planned, space permitting. It would be our pleasure to welcome you on board and to convince you of the service and quality standards SWISS has to offer.
Yours sincerely,
Swiss International Air Lines Ltd. Customer Service
cc. CTA, Air Transportation Complaints
