Decision No. 110-C-A-2023

[1] Maher Al-Huq travelled from Toronto, Ontario, to Mexico City, Mexico, on February 27, 2020. Upon his arrival, he discovered that his checked baggage had been damaged during the flight.

[2] Mr. Al-Huq seeks compensation for the damaged baggage.

[3] Interjet did not file an answer to the application. Therefore, Mr. Al-Huq’s claim is uncontested.

[4] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether Interjet properly applied the terms and conditions applicable to the ticket that Mr. Al-Huq purchased, as set out in its Tariff.

[5] If the Agency finds that Interjet failed to properly apply its Tariff, it may direct Interjet to take the corrective measures that it considers appropriate or to pay compensation for any expense incurred by a person adversely affected by Interjet’s failure.

[6] Mr. Al-Huq submitted a copy of the Property Irregularity Report that he filled at the airport upon his arrival in Mexico City on February 27, 2020. He also submitted an email correspondence dated February 29, 2020, which shows that he sent Interjet photographs of the Property Irregularity Report and of the damaged baggage missing a wheel. In light of the evidence submitted, the Agency finds that the baggage was damaged.

[7] Interjet’s Tariff incorporates the Montreal Convention and states that it is liable for damage sustained in the case of lost, damaged or delayed checked baggage. Mr. Al-Huq claims that Interjet has not compensated him for his damaged baggage and seeks payment of an amount between CAD 450 and CAD 600. Mr. Al-Huq submitted a screenshot of similar baggage of the same brand and size. Based on the evidence submitted, the Agency concludes that the amount requested is reasonable.

[8] In light of the above, the Agency finds that Interjet failed to properly apply the terms and conditions set out in its Tariff when it did not provide Mr. Al-Huq with a compensation for his damaged baggage.

Order

[9] The Agency orders Interjet to pay CAD 460 to Mr. Al-Huq as soon as possible and no later than August 11, 2023.