In September 2021, Jessica Kalynn arrived in Dubai for a 6-day tour.
However, her luggage didn’t get there until two days later.
Air Canada offered Kalynn $500 in damages, but she applied to BC’s Civil Settlement Court, asking for more money to cover her costs.
Last week, the court ruled in her favor.
Luggage delay is one of the many disappointments Travelers are facing off at airports across Canada as airlines expand operations to meet post-pandemic travel demand.
In disputeKalynn argued that she was entitled to $2,120.67 for all the items she claimed she was forced to buy in Dubai while waiting for her baggage to be collected.
Since Air Canada paid $500, she sought another $1,620.67.
Four pairs of shoes, five shirts
Upon learning her luggage was late, Kalynn purchased more than $2,000 in items, including four pairs of shoes, six bottoms, five tops, one bathing suit, two bras, two underwear, a pack of socks and clothing personal hygiene, according to the court’s written rulings page.
Kalynn told the court she needed the clothes because her trip included a work conference, a professional dinner at a high-end restaurant and a workout in the gym.
Air Canada argued that the charges were excessive and court member Shelley Lopez agreed – to an extent.
She wrote: “I found it reasonable to buy a number of different clothes and shoes for the activities she had scheduled.
“Even with the different activities, I find Kalynn still hasn’t fully explained why she needs four pairs of shoes (apart from the ones she wears on the plane) and six bottoms and five tops. , even if she has to change clothes for a day.”
However, Lopez found that Air Canada owed Kalynn additional compensation. She asked the airline to pay $700 in compensation on top of the $500 the airline paid.
Passengers are compensated
Gábor Lukács, an expert on air passenger rights, welcomed the decision.
“[It] shows that CRT passengers will be fair,” he said, adding that passengers need not simply accept any amount that the airline initially offered and deemed reasonable.
In Canada, if baggage is delayed, Passengers can request damages amounted to about $2,200.
But it’s important, says Lukas, to make it clear that your purchase is legitimate.
Lukács said: “This decision … signals to passengers that when your luggage is delayed, it is not a reason to go shopping.
If a traveler can prove to CRT that all purchased items are necessary, he says it’s entirely reasonable to expect maximum compensation. He encouraged passengers who lost their luggage to keep all receipts as well as documents related to the use of these items.
