The BC Civil Resolution Tribunal (CRT) says Flair Airlines has been ordered to pay a woman more than $600 after she said jewelry disappeared from her checked baggage on a flight from Mexico to Vancouver.
According to the decision, the woman had just flown home from a trip on Flair in February 2024. The next morning, when she opened her luggage, she says she noticed her bag appeared to have been repacked. She says she then noticed a pouch containing jewelry was missing.
She says she reported the loss to the airline via text on Feb. 7, 2024, tribunal member Amanda Binnie wrote in her ruling this week. After not receiving a reply, she says she then reported the loss, via the airline’s website, on April 10, 2024.
“On June 13, 2024, Flair acknowledged [the applicant’s] missing item claim, apologized for the missing items, and said it might contact her for additional information,” Binnie said.
“Though neither party said when, they agree that Flair denied [her] claim because she did not provide an itemized list or receipts.”
The tribunal says the applicant provided a list of nine jewelry items, ranging in value from $15 to more than $535.24, for a total of $868.73. She didn’t provide receipts to support these amounts.
In the decision, the CRT says it found Flair was responsible for the loss.
However, the airline says jewelry should not be packed in checked baggage.
“Flair argues that under its international tariff, jewelry is unacceptable for transportation as checked baggage and can only be transported in a carry-on,” the ruling says.
Binnie says she acknowledges the airline’s argument that passengers shouldn’t put valuables in checked luggage.
“However … Flair did not provide any evidence, including its tariff,” she said.
“It also did not provide any evidence it told [the woman] she should only transport valuable items in carry-on luggage before her flight.”
Ultimately, the CRT found that under the Montreal Convention and the federal Carriage by Air Act (CAA), an airline can be liable for the loss of registered baggage while it is under the carrier’s care.
The tribunal didn’t award the woman the full amount claimed because she had no receipts, photos, or other evidence to show the condition or age of the jewelry.
Binnie ordered Flair to pay the applicant, within 30 days, $500 in damages, $38.68 in interest, and $67.50 toward her tribunal fees, for a total of $606.18.
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