Terms and Conditions of Carriage

What are "terms and conditions of carriage"? What do they include?

"Terms and conditions of carriage" are provisions contained in an air carrier's tariff that the carrier applies to all its passengers regardless of the fare paid. They spell out the various benefits and limitations associated with the air transportation service being provided. Terms and conditions of carriage cover a number of things such as: limits or restrictions on the weight or size of baggage, compensation for lost, delayed or damaged luggage, compensation for denied boarding (bumping), and the carrier's rules concerning the carriage of persons with disabilities or minors.

What is a tariff?

The air carrier's tariff contains all its fares, rates, charges, and terms and conditions of carriage. A ticket is proof of payment and only contains some of the information that appears in a tariff.

Why must an air carrier make its tariff available to the public?

Carriers must make their tariffs available to the public on demand to ensure that travellers can determine precisely what fares, rates, terms and conditions are applied to their air travel arrangement.

If I ask for a copy of a carrier's tariff, can they charge me for it?

They can charge the cost of copying the sections you request.

If carriers have to make their tariffs available to the public then why don't I get a copy of it whenever I buy a plane ticket?

Because carriers' tariffs cover so much information, they are actually very large documents, sometimes containing thousands of pages. It would not be practical to require carriers to make such a document available on a routine basis. Therefore, your ticket serves as proof of payment and only contains basic flight information. If there is a particular issue about your flight with which you are concerned, you should ask for a copy of the tariff provisions that apply specifically to that issue.

What is not included under a carrier's terms and conditions of carriage?

Terms and conditions of carriage do not cover such items as amenities and the level or quality of service provided by airline staff. Examples include the quantity or quality of food that is served on board, the friendliness of staff, waiting times on the telephone, etc. These matters are established by carrier management. If questions regarding such things arise, it is best if these are taken up with the carriers directly.

If you are not satisfied with an airline's response to your complaint, you may then bring your complaint to the Agency.

What should I do if I feel that an air carrier's terms and conditions of carriage have not been applied correctly?

You should first bring the issue to the attention of the carrier. If you find the response inadequate you may approach the Agency by filing a complaint. The Agency will then look into the issue.

If the Agency finds that a carrier has failed to apply its tariff, the carrier will be ordered to apply its tariff as published and it could be ordered to compensate the passengers or shippers. As well, the Agency could fine a carrier for failing to apply its tariffs.