Air Canada Sues Passenger Over Delayed Bag Compensation Fiasco
When you’re traveling with an airline and your checked bag is delayed or missing, you’re typically entitled to reimbursement for any reasonable expenses incurred as a result of this, like buying toiletries, replacement clothes, etc. The catch is that both airlines and passengers seem to have very different interpretations of what is reasonable.
Continue reading: Air Canada Sues Passenger Over Delayed Bag Compensation Fiasco
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It strikes me as perverse that in Canada an airline can dispute a consumer protection or regulator’s finding by suing the consumers. Appeal the ruling to a court or something, sure, but to name the consumers as defendants in a lawsuit seems backwards and basically invites airlines to use their superior resources to bully consumers over amounts that aren’t big enough for any one consumer to fight over because the airline wants to avoid setting a precedent.
The moment she, and it's always a she, bought a Tumi monogrammed bag, the award should have been forfeit. Be pretentious on your own loonie.
Also, most of these expenses are a "hers" column item. For a guy, "reasonable expenses" are pretty much a shirt, socks, underwear if we're fussy, a toothbrush, and toothpaste. So we know who to blame for this.
C’mon, this is obvious exploitation of the system. The moment they bought a tumi bag that was clear. They thought they could buy things they wanted on air canadas dime. I hope AC win
AC don't like it when consumers take advantage and use the law to their advantage to gain peanuts. AC do this everyday on a larger scale.
I mean, inflation is a bit crazy. Who am I to say that those items didn't cost what they quoted. Not everyone wears $80 jeans and $25 t-shirts.
In all seriousness, it's bizarre that an airline can go above the CTA's ruling. Clearly Air Canada is in their feelings because a few grand is small dollars to them.
I'm an incredibly sexist person. The advantage of being gay and self-reliant is that I have no real need for women. I'm like Mount Athos: the only woman allowed is the Virgin Mary.
His comment isn't sexist it's absolutely true, that's absolutely something a broad would do... They are probably Asians ripping off people again, that is something they would do too, thats a blatant spending spree as soon as they landed... Thet probably wanted a free upgrade on their Old Navy clothes
No need for women? I wonder what your mother thinks about that obviously misogynistic comment?
The way I understand it, there is no way to "appeal" the ruling. The method for challenging an adverse ruling is to file a lawsuit in Federal court. I have read that there is a push to change the system. My thought is that when they bought the "monogramed suitcase", they made sure they would not be able to return it. . . . It makes everything else look suspect. The law suit will probably cost more than $2,000.00 in attorney frees. So, that is a bit unfair.
I've had my bag delayed by at least two days on trips to Paris, Washington and Stockholm. Hardly inexpensive cities. Even if you buy cheaper clothes, a suit is going to be US$1,000 by the time you get the suit, shirt, necktie, socks, underwear, and shoes. Toss in a full of toiletries and you're probably spending another $100. Delta and Air France have never questioned my reimbursement claims.
You should know better by now than to check a bag. Carry-on only or make some decisions.
I have had bags delayed multiple times. once on a JFK-Berlin trip for the marathon. I Was lied to an told the bag was on the next flight from LHR and would arrive a hour later but I could not wait as both I and the bag had to clear customs. when I and my 5* hotel called the airline baggage number at the airport no one ever answered this over 3 days. the contents included men's shoes suit and 3 women's designer dresses plus plus. when back in NY I was finally able to contact an NY rep of the airline who offered me around $1,700 I told her I would return the money just find the bag which was festooned with orange, green and pink tape and easy to spot the PS is the bag DID arrive and was delivered to my NY address 44 days late!!!
Nothing should surprise you when Air Canada is involved--and I mean that quite seriously.
What a terrible airline; from ground experience, soft product, hell, I'd even say hard product is bad, to their loyalty program. No Airline can continue to get things so wrong and still operate, yet here you have Air Canada...make of that what you will.
Personally, I’m a consumer advocate. You can’t be serious. This is insane. It’s not fair for an airline to lose a customer’s luggage and not compensate them properly. They should be held accountable equally for the safe arrival of passengers AND belongings. Anything less is criminal!
I don’t think that you travel very much because you seem callous towards the couple involved. Some of us like sturdy luggage that will last. I know that I do. Did you ever consider that they were replacing exactly what they already had? I know from my own experience that airlines usually want to wash their hands of losing your luggage. It’s infuriating to be told not to replace your broken baggage or buy new clothes upon arrival in a city far, far away from your home and your closet! I’m afraid AC is out of line this time.
Hope Air Canada wins. Those travelers received much more than they were entitled to or deserved. They received their belongings in under 24 hours, and then sent an inflated claim, trying to cash in on the situation.
A second pair of shoes is an absolute must when one's travels involve anything beyond relaxing by the pool/beach. If one is flying with trainers on, it's not unreasonable to have the more formal shoes in checked-in luggage. A half-decent pair of those (welted or stitched, not glued, soles) can easily run $250 (high-end brands like Lobb go well into four figures). That's normally the biggest expense for me when my luggage is delayed, plus maybe another €100 or so at L'Occitane or similar for a fragrance and a shaving cream. Everything else is pretty inconsequential unless I need a full suit which isn't happening often - even weddings tend to discourage them nowadays.
This has been discussed here before.
It's doable if you're doing a trip only including a couple of flights on large jets and in business class or wirh a carrier that allows heavy carry-ons. It doesn't work if any of the flights on a trip involves a hand luggage limit of 7-8kg.
"...that's absolutely something a broad would do..." Talk about a troll. Who even talks like that?
What's sad here is that Air Canada should just write better restrictions on their delayed baggage policy.
Since the regulator awarded 2000 dollars anyway, what do they hope to gain here? Converting for Tax and exchange rate, and knowing that this couple was likely staying in Vancouver, outside the suitcase this just looks like a upper middle class couple replacing their vacation goods in a single shopping trip. Maybe with a slight splurge here and there, but all within reason. Like Banana Republic/J. Crew prices. 200 USD retail for a dress is not outrageous.
Come on everyone these people went way to far with their purchases. They jumped on this payout paying that for sneakers alone. Now because of their Greed everyone will suffer...
Agree 100 percent with E39. That couple received all their belongings back in less than 24 hours, and were obviously padding their claim. They were greedy, and actually received more than they deserved. FWIW I travel a lot, and maybe they should purchase some travel insurance next time. Criminal? LOL!!
Which mother? The one that gave me up at birth and wouldn't return contact with me when I found her, or the 91-year-old adoptive one that won't die so I can get my hands on the insurance and house?
Canada? Sorry country?
If you're not Canadian...F#%k you Derek!
If you are Canadian you should be embarrassed uttering such a stupid thing and proving to hhe world that you're an idiot.
Broad? What century are you from? Whenever it was, it's too bad that everyone couldn't get an education.
Just pay the couple and put a maximum amount in the regulations. But lets be cledar, this couple is crazy.
I am so so tired of airlines being in the wrong, lost and/or delayed checked luggage IS THE FAULT OF THE AIRLINE, period, and then going on as though they've done nothing wrong and don't owe passenger(s) anything. The couple could have purchased gold plated airtags if they so chose. Airlines need to do better and stop making excuses.
I'd be one of the last people to side with Air Canada, but I'm shocked that anyone, (especially the person who claims to be a consumer advocate), would defend these people.
(I specifically mention the consumer advocate, because supporting the irresponsible actions of this couple, weakens a system we all need to protect legitimate victims).
The moment the AC rep said go buy some replacement items, these two saw an opportunity to capitalize and exploit the situation.
Remember, their bags arrived at the hotel LESS than 24 hours later.
I honestly believe that most people would simply pick up the bare necessities and see whether their bags made it to the hotel in a reasonable time...which they did.
To go out and spend more than $3,400 within a couple of hours is nothing but pure, evil greed.
If they didn't spend that much in that amount of time, they went shopping AFTER their bags arrived but billed Air Canada anyway.
Doesn't that sound like fraud?
The COURTS made a ruling on the passenger complaint, so the airline sued the PASSENGER to dispute the court findings?
You know there is a thing called reason. Which you seem to lack, similarly to the couple.
People doing this sort of thing is why «we can’t have nice things». If they didn’t want to abuse the situation, and just bought the things they really needed I’m sure air Canada wouldn’t need to sue back, and would (more) gladly pay back.
Bravo for Air Canada for contesting this
One small way of keeping people honest and ultimately lowering fares!
“The advantage of being gay…”
You’re not gay, you’re an asexual neuter.
And anyway, the gays don’t want you.
And yes, I speak for ALL gays.
It's a bit misleading without the information of what items and brands of items, including the suitcases, as well as what they were worth at current comparable values or products.
If indeed replacing what was lost, who's to say what sort of brands a customer can or cannot purchase or own.
It's crazy people criticize for choice of brands or costs. It had nothing to do with that. The cost is the cost - if it's comparable to the actual cost of lost or misplaces items and luggage... well then reimburse it and move on and make your luggage system better instead of fighting everyone who is negatively affected by this system.
Save everyone grief, face and dollars in the long term.
$2000-$2500 is pocket change compared to the tens and hundreds of thousands of dollars spent on legal representation and procedures. If not into the millions of dollars per year.
No one has a right to be critical or feel justified in being a higher morality when it comes to what people buy or own.
Ignorant posters.
And if the bags that were lost were Tumi just like the ones they purchased?
What if in that bag that were lost there were shoes costing $800? The couple supposed to do what?
as a gay man...what PLEASE the F are you even speaking of ??? And NO, TW, you are not now, nor ever speaking for me. Just so that you know.
BA made me check my carry-on bag & lost it exactly ten months today. I am still waiting to be compensated for my luggage. I’m sure every situation is different. They lost my luggage from London to Paris. Although it was the start of my trip, I was hesitant to buy a lot because I believed my luggage would be delivered to the hotel & I was worried about being compensated. Especially the start of a trip. The money I saved for the trip, I had to use for essentials & then wasn’t sure how long I would have to wait to get my money back. My experience has been the worst. The customer service at BA is absolutely terrible! I have to side with the customer. If anyone reading this has any suggestions for me regarding being compensated, I would greatly appreciate it!
When you're trying to get a Declaratory ruling, you often have to sue anyone involved in the dispute which of course in this case would be the Passenger.
The CTA is not a court. It is a regulatory tribunal whose decisions can be appealed to the Federal Court of Appeal. That's all AC has done here.
You understand the bag was delayed, not lost, and they purchased the bag after their delayed bag was delivered to them? And, why purchase 4 sets of lingerie in the first 24 hours the bag is delayed? They purchased sneakers after the bag was delivered. I'm a fair-play advocate, and the couple were opportunists.
How much did I claim last Spring when KL delayed my bag into France by 24 hours? Nothing. I bought 2 shirts and a new light jacket before it arrived. I liked the jacket much better than the one in my bag. I would have eventually added 2 more shirts to my rotation. So, I bought things I would have purchased in the next 6 months anyway.
BA made me check my carry-on bag & lost it exactly ten months today. I am still waiting to be compensated for my luggage. I’m sure every situation is different. They lost my luggage from London to Paris. Although it was the start of my trip, I was hesitant to buy a lot because I believed my luggage would be delivered to the hotel & I was worried about being compensated. Especially the start of a trip. The money I saved for the trip, I had to use for essentials & then wasn’t sure how long I would have to wait to get my money back. My experience has been the worst. The customer service at BA is absolutely terrible! I have to side with the customer. If anyone reading this has any suggestions for me regarding being compensated, I would greatly appreciate it!
I've had a similar experience with ski gear being delayed.
New ski jacket, pants, helmet, gloves base layers, goggles adds up quick.
You can rent skis and boots but you can't usually rent the rest
Yes just go to Centre for Effective Dispute Resolution (CEDR) who are the independent arbitrator for BA. It’s not quick but I found it fair and be opening a case with them may prompt BA into action. BA refused EU261 compensation for my flight delay but CEDR sided with me and I got compensation within a week of their decision. You have to open the dispute within 12 months.
That an airline at the moment of the passenger’s arrival at the destination may not know the whereabouts of a missing bag is not that unusual.
It does NOT mean that the bag is lost for good.
It may take up to 72 hrs to locate a bag within the airline network that carried the passenger. After that period the search will be expanded to other airlines and farther away airports. (At least that’s how it used to be.)
The payout or authorisation at an airport is meant to allow passengers to buy basic necessities, not to replace their wardrobe.
The kind of shopping spree that the couple went on is clearly excessive.
In this case, I have to concur with AC.
As much as passengers may dislike air carriers, that does not mean that passengers should grasp any occasion to milk the airline.
B.
They were taking advantage. No other way to look at it!!!
Guarantee that the items they bought weren’t in the luggage in the first place. Nobody needs that many clothes for less than 24 hours. If there was no opportunity for potential compensation, I absolutely guarantee they wouldn’t have bought it themselves.
Totally support AC.
These passengers just make it harder for people who actually need help. Shame on them.
What would a travel insurance policy or credit card coverage normally pay?
Were they brazen enough to double-dip (if that's even possible?)
Dave. That pretty much nailed it. Too much greed in the world. Patric. You need to look in the mirror when refering to trolls. Grow up
Who is at fault first, clearly Air Canada for losing and neglecting to properly secure the luggage. Also for not giving proper notice when or if there luggage would be secured and not clarifying a reasonable amount with the passengers. The word reasonable is different for each person based on lifestyle. With these factors Air Canada should pay max of what the regulators decided. This should be a lesson to the company to make sure luggage and people belonging are properly secured and job is taken seriously with it employees.
I'm going to mostly side with the couple. I had a bag go missing back in 2023 - and I mean /missing/. It spent five weeks in Atlanta, and due to interline insanity I couldn't get either Westjet or Delta to take the claim (because the ticket was originally on Delta, but I wound up on Westjet on the last leg due to repeated cancellations on Delta).
I ultimately bought a new suitcase and boots when the bag was found (I was about to start replacing stuff item by item). I did point out to my travel insurance that since the bag was AWOL for over 30 days, due to the Montreal Convention it was properly "lost", and that on top of that I had to replace the bag for intervening travel anyway.
[I also had a friend have a bag with all his hiking stuff go missing for a week, which was a mess as well.]
That being said, I think it would behoove the agencies in question to have notes on what is "reasonable" somewhere for various items. But for delays of more than a day or so, up to a point I think the airlines having to fork out more than is "normal" should also be something of a form of a fine for the customer having to deal with this on a trip because the airline couldn't keep track of the customer's bags.
