B.C.’s Civil Resolution Tribunal has ordered Flair Airlines to compensate a B.C. man $594 for delayed baggage fees and for the spoiled food in the bags.
Brian Vu flew to Ontario and said one of his checked bags was delayed by five days, tribunal member Peter Mennie said in his March 14 decision.
He said perishable items in his bag — crab meat, fish cakes, sea cucumbers and dandelion root — spoiled during the delay.
Vu estimated that he paid $250 for the crab meat, $120 for the fish cakes, $80 for the sea cucumbers, and $72 for the dandelion root.
Flair did not contest those valuations.
The airline said it shouldn’t be liable because Vu was not allowed to pack perishable items in his checked bags. Flair relied on its domestic tariff rules which say a passenger cannot pack perishable items in their checked bags and that Flair is not liable for any spoilage of perishable items.
Flair said that passengers must declare they are not carrying restricted items during the check-in process.
Flair argued that the airline did not cause damages to Vu’s bags. Rather, it said, the food spoiled on its own.
“I do not accept this argument,” Mennie said.
Mennie said the Canadian Transportation Agency has repeatedly held that if an airline accepts checked baggage then it assumes liability for the baggage even if the airline has not agreed to transport certain items.
“It follows that Flair must pay Mr. Vu compensation equal to the damage to his checked baggage. As noted above, Flair did not contest Mr. Vu’s valuation of his spoiled items. So, I order Flair to pay Mr. Vu $522 as compensation for his spoiled items,” Mennie said.
