Possible actions when Air Canada denies clothing damage without convincing arguments
May 4, 2018, 3:30 pm
#1
Original Poster
Join Date: Apr 2006
Location: YUL
Programs: AC 75K / *A Gold
Posts: 66
Possible actions when Air Canada denies clothing damage without convincing arguments
Hello all,
I have been exchanging emails since a while with an AC customer service rep about an issue I had. Would appreciate if anyone who already went through a similar situation could help.
Flying J YYZ-PVG, I had the table in fully retracted and locked position below the PE screen, and a glass of wine resting on it. The table collapsed without me even brushing against it, topples the wine glass and it spills all over me. I don't do a scene on the plane, FA and SD very supportive, also telling me they have been "telling the company over and over about this problem and it never gets fixed". I'm at the start of a several weeks trip in China. I get to the hotel, get the clothes cleaned through the laundry service.
Back in Canada, I file my expense report and decide to ask AC for compensation. Very reasonable claim, the laundry fees for only the clothes I was wearing on the flight, 40 bucks or so... I get right away a quite condescending answer saying I filed too late, so nothing AC can do. I fly a lot with AC, easily spends $20,000 per year, so I'm thinking I should be taken a bit more seriously. I request escalation to other rep, to no avail. I ask the rep to show me where in the conditions of carriage the delay to file a claim is mentioned. I get cited article 31 of the Montreal convention, 7 days max. However, article 31 mentions 7 days as the max delay to make a claim in case of checked luggage damage. I reply to the agent that the clothes on my body are not checked luggage. I another reply that they are denying the claim, there's nothing I can do about it and that I need to stop emailing them, it won't make them change their mind.
What's left as options? Is it worth it to escalate the issue, and if so, how?
Thanks!
I have been exchanging emails since a while with an AC customer service rep about an issue I had. Would appreciate if anyone who already went through a similar situation could help.
Flying J YYZ-PVG, I had the table in fully retracted and locked position below the PE screen, and a glass of wine resting on it. The table collapsed without me even brushing against it, topples the wine glass and it spills all over me. I don't do a scene on the plane, FA and SD very supportive, also telling me they have been "telling the company over and over about this problem and it never gets fixed". I'm at the start of a several weeks trip in China. I get to the hotel, get the clothes cleaned through the laundry service.
Back in Canada, I file my expense report and decide to ask AC for compensation. Very reasonable claim, the laundry fees for only the clothes I was wearing on the flight, 40 bucks or so... I get right away a quite condescending answer saying I filed too late, so nothing AC can do. I fly a lot with AC, easily spends $20,000 per year, so I'm thinking I should be taken a bit more seriously. I request escalation to other rep, to no avail. I ask the rep to show me where in the conditions of carriage the delay to file a claim is mentioned. I get cited article 31 of the Montreal convention, 7 days max. However, article 31 mentions 7 days as the max delay to make a claim in case of checked luggage damage. I reply to the agent that the clothes on my body are not checked luggage. I another reply that they are denying the claim, there's nothing I can do about it and that I need to stop emailing them, it won't make them change their mind.
What's left as options? Is it worth it to escalate the issue, and if so, how?
Thanks!
May 4, 2018, 7:36 pm
#6
Suspended
Join Date: Mar 2017
Programs: AC
Posts: 2,167
Small claims court.
Claims:
1) Damages = _. (not just the dry cleaning bill). Any impact to your bottom line, your business? Seek them
2) An order for pre-judgment and post-judgment interest pursuant to sections 128 and 129 of the Courts of Justice Act;
3) An Order that the Defendant pay costs to the Plaintiff on a substantial indemnity basis;
4) Such further and other relied as counsel may advise and this Honourable Court permit; (if you are retaining counsel, which is not usual in small claims court)
These are just claims (eg asks) and it's unlikely you will get costs, but you might as well ask.
You will settle but that's the only way to get AC's attention.
This will cost you $95 to file this if you are an infrequent claimant and if you choose to use a process server another $40.
Claims:
1) Damages = _. (not just the dry cleaning bill). Any impact to your bottom line, your business? Seek them
2) An order for pre-judgment and post-judgment interest pursuant to sections 128 and 129 of the Courts of Justice Act;
3) An Order that the Defendant pay costs to the Plaintiff on a substantial indemnity basis;
4) Such further and other relied as counsel may advise and this Honourable Court permit; (if you are retaining counsel, which is not usual in small claims court)
These are just claims (eg asks) and it's unlikely you will get costs, but you might as well ask.
You will settle but that's the only way to get AC's attention.
This will cost you $95 to file this if you are an infrequent claimant and if you choose to use a process server another $40.
May 4, 2018, 7:38 pm
#7
Join Date: Jul 2009
Location: YWG
Programs: Free Agent
Posts: 1,478
OP- did you use the online form to report the incident? I have made different claims via this form-even referencing the green compensation form you could/should have requested on board. At least the form gives you a file number you can reference if you do then phone in or email.
May 4, 2018, 8:59 pm
#8
Suspended
Join Date: Jan 2014
Location: yyz/ord
Programs: AC E50 UA1k 2MM AA EXP Royal Ambassador SPG Platinum
Posts: 1,516
i was SHOCKED i filled out the online claim form 2 weeks ago and AC replied in 72 hours with $500 for deflating seat. So perhaps AC has started to improve its customer complaints department after Gabor has created a web site showing people how to get AC to pay for "issues"
Regardless its a very positive step that AC is no longer saying please wait for 90 days.
Regardless its a very positive step that AC is no longer saying please wait for 90 days.
May 5, 2018, 8:25 pm
#9
Original Poster
Join Date: Apr 2006
Location: YUL
Programs: AC 75K / *A Gold
Posts: 66
OP- did you use the online form to report the incident? I have made different claims via this form-even referencing the green compensation form you could/should have requested on board. At least the form gives you a file number you can reference if you do then phone in or email.
May 5, 2018, 8:28 pm
#10
Original Poster
Join Date: Apr 2006
Location: YUL
Programs: AC 75K / *A Gold
Posts: 66
i was SHOCKED i filled out the online claim form 2 weeks ago and AC replied in 72 hours with $500 for deflating seat. So perhaps AC has started to improve its customer complaints department after Gabor has created a web site showing people how to get AC to pay for "issues"
Regardless its a very positive step that AC is no longer saying please wait for 90 days.
Regardless its a very positive step that AC is no longer saying please wait for 90 days.
May 5, 2018, 8:34 pm
#11
Original Poster
Join Date: Apr 2006
Location: YUL
Programs: AC 75K / *A Gold
Posts: 66
Small claims court.
Claims:
1) Damages = _. (not just the dry cleaning bill). Any impact to your bottom line, your business? Seek them
2) An order for pre-judgment and post-judgment interest pursuant to sections 128 and 129 of the Courts of Justice Act;
3) An Order that the Defendant pay costs to the Plaintiff on a substantial indemnity basis;
4) Such further and other relied as counsel may advise and this Honourable Court permit; (if you are retaining counsel, which is not usual in small claims court)
These are just claims (eg asks) and it's unlikely you will get costs, but you might as well ask.
You will settle but that's the only way to get AC's attention.
This will cost you $95 to file this if you are an infrequent claimant and if you choose to use a process server another $40.
Claims:
1) Damages = _. (not just the dry cleaning bill). Any impact to your bottom line, your business? Seek them
2) An order for pre-judgment and post-judgment interest pursuant to sections 128 and 129 of the Courts of Justice Act;
3) An Order that the Defendant pay costs to the Plaintiff on a substantial indemnity basis;
4) Such further and other relied as counsel may advise and this Honourable Court permit; (if you are retaining counsel, which is not usual in small claims court)
These are just claims (eg asks) and it's unlikely you will get costs, but you might as well ask.
You will settle but that's the only way to get AC's attention.
This will cost you $95 to file this if you are an infrequent claimant and if you choose to use a process server another $40.
anyone aware if AC retaliates on you after a lawsuit (heard about status being withdraw, maybe not with AC)
May 6, 2018, 5:00 am
#12
Suspended
Join Date: Mar 2017
Programs: AC
Posts: 2,167
interesting option... I'm clearly no longer figthing for the cash compensation, now it has become a matter of principle. Should I revert to ON or QC courts? (Flight originated in YYZ, but AC has HQ in YUL)
anyone aware if AC retaliates on you after a lawsuit (heard about status being withdraw, maybe not with AC)
May 6, 2018, 6:54 am
#13
Join Date: Aug 2008
Location: トロント
Programs: IHG Gold
Posts: 4,820
Small claims court.
Claims:
1) Damages = _. (not just the dry cleaning bill). Any impact to your bottom line, your business? Seek them
2) An order for pre-judgment and post-judgment interest pursuant to sections 128 and 129 of the Courts of Justice Act;
3) An Order that the Defendant pay costs to the Plaintiff on a substantial indemnity basis;
4) Such further and other relied as counsel may advise and this Honourable Court permit; (if you are retaining counsel, which is not usual in small claims court)
These are just claims (eg asks) and it's unlikely you will get costs, but you might as well ask.
You will settle but that's the only way to get AC's attention.
This will cost you $95 to file this if you are an infrequent claimant and if you choose to use a process server another $40.
Claims:
1) Damages = _. (not just the dry cleaning bill). Any impact to your bottom line, your business? Seek them
2) An order for pre-judgment and post-judgment interest pursuant to sections 128 and 129 of the Courts of Justice Act;
3) An Order that the Defendant pay costs to the Plaintiff on a substantial indemnity basis;
4) Such further and other relied as counsel may advise and this Honourable Court permit; (if you are retaining counsel, which is not usual in small claims court)
These are just claims (eg asks) and it's unlikely you will get costs, but you might as well ask.
You will settle but that's the only way to get AC's attention.
This will cost you $95 to file this if you are an infrequent claimant and if you choose to use a process server another $40.
May 6, 2018, 7:01 am
#14
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
It was not important to enough to ask for an onboard card. What has made it such a "matter of principle" later?
OP would likely have had his cleaning bill covered (or something approximating it) and never given a second's thought to it.
I would forget about "principle" because there is none. Whatever OP might recover, it won't change AC's conduct, so this is just about the cleaner.
OP would likely have had his cleaning bill covered (or something approximating it) and never given a second's thought to it.
I would forget about "principle" because there is none. Whatever OP might recover, it won't change AC's conduct, so this is just about the cleaner.