MONTREAL- Flag carrier Air Canada (AC) has rejected a passenger’s claim for compensation after a flight attendant accidentally spilled a drink on their laptop during inflight service.
The incident adds Air Canada to a growing list of North American carriers refusing liability for crew-caused damage to personal electronics.
Photo: Air CanadaAir Canada Attendant
The flight attendant documented the incident and directed the passenger to file a claim through Air Canada’s website. Despite this acknowledgment, the airline delayed its response for nearly twelve months despite repeated follow-ups from the passenger, PYOK flagged.
Air Canada’s final response denied responsibility, citing tariff regulations: “While we do sympathize with your situation, we are unfortunately unable to consider your claim. All air travel is governed by Tariff regulations and these regulations preclude liability for cabin baggage or other items that are considered in the passenger’s own care and control.”
Photo: Air CanadaThis position contradicts Air Canada’s own tariff regulations, which indicate the airline should accept liability for damage resulting from their negligence.
Nevertheless, the carrier maintains a blanket policy refusing liability for damage to electronic equipment, jewelry, artwork, business documents, and other valuables, regardless of how the damage occurred.
Photo: Clément AlloingSimilar Incident
A recent JetBlue Airways (B6) incident mirrors Air Canada’s stance when a flight attendant spilled iced coffee on a passenger and his laptop. JetBlue’s immediate compensation included a $25 voucher and a complimentary cheese plate, yet denied further claims when the passenger discovered significant laptop damage at home.
Legal experts suggest Canada’s small claims courts might offer recourse for affected passengers, though favorable rulings remain uncertain. This legal avenue presents an alternative to airlines’ blanket denial policies.
The incidents highlight a critical gap in passenger protection, forcing travelers to rely on personal insurance coverage through credit cards, travel insurance, or device-specific policies like Apple Care. However, insurance deductibles still leave passengers bearing costs for damage caused by airline staff.
These cases expose a growing trend among North American airlines to avoid liability for crew-caused damage, regardless of circumstance or documentation.
Photo: By BriYYZ from Toronto, Canada – Air Canada Airbus A330-300 C-GFAF, CC BY-SA 2.0Airline Fined For Mistreating Passenger
The Small Claims Court of Yukon has mandated Air Canada to pay 10,000 Canadian dollars to a couple whose vacation plans tumbled due to the airline’s systematic failures. Justice Katherine L. McLeod issued a decisive ruling against the carrier for violating Air Passenger Protection Regulations.
The Yukon couple had invested three years of savings into planning their first child-free vacation, arranging childcare for their three children, and coordinating work leaves for a nine-day Cuban resort stay in February 2023. Their plans derailed upon reaching Toronto for their connecting flight.
Air Canada’s overbooking led to a voluntary denial of boarding, with the airline promising alternative transportation via American Airlines. This promise proved false, initiating a three-day ordeal across multiple Canadian airports including Montreal, Toronto, and Edmonton.
The airline’s subsequent attempt to arrange Air Transat tickets failed when no reservation records existed. The stranded couple resorted to purchasing Cancun tickets independently, requiring additional work leave and incurring further financial losses.
Justice McLeod’s ruling emphasized Air Canada’s complete failure to meet APPR requirements, particularly regarding written confirmation of alternative travel arrangements for voluntarily bumped passengers. The court dismissed Air Canada’s defense citing weather delays and their initial $2,400 per passenger compensation.
While Air Canada reimbursed $1,800 for hotel and food expenses after legal proceedings began, the court determined this inadequately addressed total losses, including new flight costs and lost wages. Plaintiff Tosh Southwick’s victory could establish a precedent for future passenger rights cases, emerging amid 80,000 pending complaints with the Canadian Transportation Agency as of early November.
Featured Image by Clément Alloing | Flickr
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