Damaged Baggage: Step by Step Guide

Inspect your baggage

• As soon as you take it off the carousel, inspect your baggage.

Document any and all damage to your baggage

• Take photos.
• Record a video with your phone.

Report the damage at the airport

• Complete a “Baggage / Property Irregularity Report” with the airline.
• If you are unable to do so, then document why:
  • record (audio / video) of the baggage agent refusing to take your report, or
  • take a photo of the abandoned baggage agent desk.

Deadline and Form of Complaint

• You must complain in writing to the airline about damage to your checked baggage within 7 days of getting it.
  • Complaint in writing means: email, fax, or registered mail.
  • Keep all records about the transmission and delivery of your written complaint.

To whom to Complain

• The complaint must be sent to one or both of the following airlines:
  • the airline that checked in your baggage (“first carrier”), and
  • the last airline that handled your baggage (“last carrier”).

Content of the Complaint

• Your written complaint should contain sufficient information to allow the airline to identify you and your bag:
  • Your name, mailing address, and email address.
  • Details of your travel: date(s), airline(s) involved, and flight number(s).
  • Baggage tag number(s).
  • If the contents of your baggage have also been damaged, then include a description.
• Keep your complaint simple and factual. Do not use qualifiers and refrain from expressing emotions (e.g., “horrible” or “You ruined my trip,” etc.).
• Include documents supporting your complaint:
  • Copy or scan of your Baggage Irregularity Report, if you filed one at the airport, or evidence of your being unable to do so.
  • Copy or scan of your itinerary, boarding passes, and baggage identification tags (if available).
  • Photos and/or videos of the damage to your baggage.
• Never send original documents to the airline.

Repair

• You may choose between:
  • Arranging for repair or replacement of your damaged baggage on your own, and then claiming all costs incurred from the airline, or
  • Using the airline’s own repair services, if available.
• The choice is yours, and you have no obligation to use the airline’s repair services.

Replacement

• If the damage to your baggage or its contents cannot be reasonably repaired:
  • Get an opinion in writing from a recognized repair shop (including the value of the bag or the item),
  • Purchase a similar or equivalent bag or item, and
  • Claim all your costs from the airline.

Content of Letter of Demand

• Send a letter of demand requesting that the airline reimburse you for the expenses you have incurred, and remit payment within 30 days.
• Attach to your letter:
  • A table containing the date, description, and amount of all your expenses.
  • Copies or scans of all receipts supporting the expenses in the table.
  • An affidavit or witnessed declaration supporting the expenses in the table for which no receipt is available.
• Never send original receipts to the airline.

Liability Limits

• The airline is liable for your expenses caused by damage to your baggage up to a certain amount:
  • CAD$2,100 (approx.) on international itineraries, which are governed by the Montreal Convention;
  • US$3,500 on domestic itineraries within the US;
  • on domestic itineraries within Canada:
    • CAD$1,500 on Air Canada,
    • CAD$1,800 on Porter, and
    • CAD$2,100 (approx.) on WestJet.
• You can claim more than these amounts if you can prove that the damage was a result of willful misconduct of the airline and/or its agents.

Deadline for Commencing Legal Action

• If the airline refuses or ignores your claim, then you need to enforce your rights by commencing a legal action within a specific amount of time of your flight:
  • 2 years on international itineraries, which are governed by the Montreal Convention, and
  • the limitation period set out in the applicable provincial statutes on domestic itineraries.
• If you miss this deadline, you lose your rights to compensation.

Where and How to Commence Legal Action

• You may choose between numerous venues for suing the airline, including:
  • The province where you purchased the ticket.
  • The province where the final destination on the ticket is located.
  • The province where the airline has its principal place of business.
• You should file a claim in the small claims court of the province of your choice. The required forms and the court procedures may vary from province to province.

For International Itineraries Only

• You must plead the Montreal Convention if you were travelling on an international itinerary:
  • Article 17(2) on the liability of the airline,
  • Article 22(2) and Article 24 on liability limits,
  • Article 26 on prohibiting contracting out liability,
  • Article 33 on jurisdiction,
  • Article 36(3) on liability of first and last carrier, and
  • Chapter V on flights involving multiple airlines.
• Review current liability limit for baggage.