The BC Civil Resolution Tribunal (CRT) has ruled that Flair Airlines is required to compensate a woman over $600 following the disappearance of her jewelry from checked baggage during a flight from Mexico to Vancouver.
As per the tribunal’s ruling, the incident took place when the woman returned home from a trip with Flair Airlines in February 2024. Upon opening her checked luggage the next morning, she discovered that her bag seemed to have been repacked. Alarmingly, a pouch containing her jewelry was noticeably missing.
The woman filed a report to Flair Airlines via text on February 7, 2024. After failing to receive a response, she reported the missing items again through the airline's website on April 10, 2024. Tribunal member Amanda Binnie noted in her ruling that Flair acknowledged the claim on June 13, 2024. The airline apologized for the situation and indicated they might reach out for more information. However, the claim was eventually denied by Flair on the grounds that the woman did not provide an itemized list or receipts for her missing items.
The woman submitted a list detailing nine jewelry items that ranged in value from $15 to over $535.24, totaling $868.73. Despite the significant claim amount, she did not furnish receipts to substantiate the values listed.
The tribunal assessed the situation and determined that Flair Airlines held responsibility for the loss of the jewelry items. The airline contended that, according to its international tariff, it is against policy to transport valuables such as jewelry in checked baggage; rather, these items should be carried aboard the aircraft in personal carry-on luggage.
While Binnie acknowledged Flair Airlines’ argument that passengers should refrain from placing valuable items in checked baggage, she criticized the airline for not providing any evidence, including its tariff, that established this policy. Furthermore, Flair was found lacking in evidence that indicated it had informed the woman that valuables should only be transported in carry-on luggage prior to her flight.
Ultimately, the CRT ruled that under the legal frameworks established by the Montreal Convention and the Canadian federal Carriage by Air Act (CAA), an airline is liable for the loss of checked baggage while it remains under the carrier's care. This was a critical point in the tribunal's final decision.
However, the tribunal did not grant the full claim amount due to the lack of receipts, photographs, or any other evidence that could demonstrate the condition or age of the missing jewelry. As a result, Binnie ordered Flair Airlines to pay the applicant a total of $606.18, which includes $500 in damages, $38.68 in interest, and $67.50 toward her tribunal fees, with the payment mandated within 30 days.
