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Bagage endommagé: Guide etape par etape
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.
- 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.
- 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.
- 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