Airlines Now Responsible for Luggage!

[Gambitt]

WINNIPEG — A Winnipeg man has won a victory against Air Canada for all travellers who've felt shortchanged when the airline either lost or damaged their luggage.

Gabor Lukacs, an assistant professor of mathematics at the University of Manitoba, won a ruling from the Canadian Transport Agency (CTA) earlier this week. The CTA found Air Canada's policy that it's not responsible for delayed or damaged baggage violates both international conventions and Canadian law, and must be changed within 90 days.

Lukacs, 26, said he does a lot of travelling, both abroad and within Canada, and he found Air Canada's policy irresponsible.

"It just bothered me," he said. "I was returning from a flight last fall and I saw that sign again and I thought, 'I have to do something about it.'"

Once the new ruling is implemented, Air Canada passengers will be able to demand compensation for damaged luggage or for luggage that didn't arrive when they did.

"I see this (as) the greatest achievement," Lukacs said of the changes Air Canada must make. "I am very glad that I was able to do something that makes a difference for all Canadians."

The inspiration for Lukacs's crusade against the carrier is a sign posted in airports spelling out the limits of Air Canada's luggage liability: "The following damage is considered to be normal wear and (Air Canada) will not accept a claim for: scratches, nicks, missing straps, zipper damage, scuffs, dents, soiling, damage resulting from over packing, damage to wheels, feet, extending handles."

"These kinds of things have happened to me in the past," Lukacs said. "I pick up my luggage and the end of a trip and I find that there is some damage — the wheels, or the handles or the strap are broken. I go to the desk to complain and the employee points to the sign."

In his submission to the CTA, Lukacs said Air Canada claims that baggage with straps, zippers, wheels and locks is unsuitable and so it cannot be held responsible if it's damaged. But he counters that these elements are found on most luggage.

Lukacs said the signs give passengers the impression they have no right to compensation. But he said Canadian law and international travel conventions to which Canada is a signatory make clear airlines are responsible for such damage.

In a ruling issued May 13, the CTA agreed with Lukacs and gave Air Canada 90 days to remove or change the signs. The airline also has 45 days from the ruling to argue why it should not be required to alter its own policies on the issues.

Air Canada spokeswoman Isabelle Arthur, when reached late Friday afternoon, said that the airline is reviewing the CTA ruling and is not prepared to comment at this time.

This is not the first time Lukacs has gone up against the airline industry and walked away a winner. In 2006, he received a default judgment in small claims court in Nova Scotia against Continental Airlines for $8,000 after he missed a conference because of a cancelled flight. He eventually agreed to a $6,000 settlement.

And it probably won't be long after, that other Canadian airlines will have to follow suit. 

[kharmar77]

What a novel idea!  Taking responsibility!
It's about time..
thanks to this man...
Karen

[flopnfly]

It's about time and kudos to this man for speaking up. 

[Bulldog]

Well I for one would hate to carpool with that guy, get a flat tire and loose your shirt too