Man who missed flight must pay B.C. travel agency $2,500: tribunal

A man who got a refund for a missed flight will have to pay for the trip he never took after all, a B.C. tribunal has ruled.

Bains Travel Ltd. filed a claim with the Civil Resolution Tribunal, seeking $2,498.66 from a client who undisputedly never made his scheduled trip from Victoria to Islamabad in 2023, according to a decision posted online last week.

The client, Eshan Ullah Khan, argued it was not his fault he never boarded the plane and that he therefore did not owe the travel agency any money, the decision said.

“Eshan Khan says he missed the flight because of delays at security and because the flight departed 10 minutes early from Victoria,” according to the decision.

After missing his flight, Khan contacted his credit card company to initiate a chargeback and was successful in getting a refund from the airline, the tribunal heard.

After issuing the refund, the airline “demanded payment for the flight” from the agency, the decision said.

The travel agency argued it should be compensated because Khan breached his contract with Bains Travel Ltd. by initiating the chargeback.

“I note that the flight itinerary said the ticket was non-refundable and that failing to cancel the flight would forfeit the ticket paid,” tribunal member Mark Henderson wrote.

“The itinerary also advised that Eshan Khan should check in at least three hours prior to departure and confirm the check in time with the carrier to avoid being denied boarding.”

The tribunal considered evidence from the airline showing Bains checked in 49 minutes before his departure did not make it to the gate in time for final boarding and that the flight departed 10 minutes ahead of schedule.

Khan argued he arrived more than 45 minutes ahead of his scheduled departure and should not be held responsible for missing the flight due to factors beyond his control, according to the decision.

The tribunal disagreed.

“I find that both the security delay and the captain’s decision could have been overcome if Eshan Khan had arrived at the airport sooner. Eshan Khan is alone responsible for his failure to arrive at the airport in sufficient time to arrive at his gate within the boarding time,” Henderson wrote.

Because the contract explicitly said the flight was non-refundable and because it had an “implicit term” that Khan would arrive on time, the tribunal found the agreement had been breached.

“I find that by reversing the charge on his credit card, Eshan Khan effectively refused to pay for the previously agreed flight costs,” Henderson wrote.

Khan was ordered to pay $2,803.40 in damages, an amount equivalent to the flight cost, pre-judgment interest and tribunal fees.