The ticket agent presented Mr. Unlu with an
electronic ticket which coded the tax portion of
the cost of the airplane ticket as “XT”. Within
the “XT” or tax portion of the cost of the
airplane ticket is an item coded as “YQ” and the
cost of that item was $340.40.
Unlu soon realized after he had purchased the
ticket he had been charged a fuel surcharge
which had been disguised as a tax. The $340.40
was not a tax and the airline pocked the money.
Air Canada knowingly and willingly represented
the “YQ” item as a tax charged to and collected
from the Unlu.
Unlu filed a lawsuit (Unlu v. Air Canada) in
April 2010 under the Business Practices and
Consumer Protection Act, S.B.C. 2004, c. 2 (the
“BPCPA”) with the Supreme Court of British
Columbia in which he alleged Air Canada
improperly charged a “tax and retained the money
for its own use.
The law firm of Poyner Baxter LLP of North
Vancouver said BA's practice of mixing actual
tax charges and airport fees (payable to
governments and airports) with vastly larger
false “taxes” paid into its own treasury, is
common amongst many international airlines.
Therefore, it could be expected that this
lawsuit, if successful, would impact
international fares sold in B.C. by several