No compensation after B.C. man says WestJet failed to deliver luggage to London
A traveller who accused WestJet of failing to ship his baggage throughout a weeks-long journey from Canada to the U.Ok. isn’t entitled to compensation, B.C.’s small claims tribunal has dominated.
That’s as a result of Keagan O’Donoghue missed a three-week deadline to file an official grievance in writing, as required beneath the Montreal Convention, a world treaty establishing airline legal responsibility for all the things from flight delays to deaths.
The cautionary story is printed in a Civil Resolution Tribunal determination posted on-line Friday.
O’Donoghue informed the tribunal he travelled from Vancouver to London on July 27, 2022, with connecting flights in Kelowna and Calgary – and that his checked bag by no means arrived at his vacation spot, forcing him to purchase alternative garments and different requirements.
But the airline argued the traveller requested compensation “out of time,” and tribunal member Micah Carmody agreed.
“Article 31 of the Montreal Convention provides a deadline of 21 days for Mr. O’Donoghue to complain in writing about the baggage delay,” Carmody wrote.
“While I accept that there is merit to his underlying claim, the deadline in Article 31 of the Montreal Convention is mandatory. I do not have discretion to overlook or extend it.”
Under the treaty, the countdown begins as soon as a traveller’s baggage is returned.
The tribunal heard O’Donoghue’s baggage was delivered to his residence on Aug. 10, 2022, and that he returned from his journey and retrieved the bag about two weeks later.
But WestJet stated he did not file an expense declare till Oct. 29 of that 12 months. O’Donoghue requested $1,913 on behalf of himself and a fellow traveller whose baggage was additionally allegedly misplaced by the airline.
While O’Donoghue reported the lacking luggage at London’s Heathrow Airport, Carmody discovered that doesn’t represent a “complaint” beneath the Montreal Convention.
“There is no other evidence that Mr. O’Donoghue contacted WestJet in writing at any time before (Oct. 29). This was well after the 21-day deadline,” the tribunal member wrote. “I dismiss Mr. O’Donoghue’s claim.”
WestJet passengers can report misplaced luggage and request reimbursement by means of the airline’s web site.
