Decision No. 17-C-A-2022

[1] Vasantkumar Brahmbhatt travelled between Toronto, Ontario, and Ahmedabad, India, via Abu Dhabi, United Arab Emirates, on October 22 and 23, 2019. Mr. Brahmbhatt claims that his baggage and some of its contents were damaged between Abu Dhabi and Ahmedabad.

[2] Mr. Brahmbhatt seeks compensation in the amount of CAD 500 for the damage and for the inconvenience and stress he experienced related to this matter.

[3] In this decision, the Agency’s role is to decide whether Etihad properly applied its Tariff^{Note 1} applicable to the ticket Mr. Brahmbhatt bought. If the Agency finds that Etihad failed to properly apply its Tariff, the Agency can direct it to pay compensation for any expense incurred by a person adversely affected by its failure. The relevant provision of Etihad’s Tariff are set out in an the Appendix.

[4] The Agency does not have the jurisdiction under the CTA^{Note 2}to order compensation for pain and suffering for cases that involve alleged contraventions of carriers’ tariff-related obligations. Although the Agency has the authority to order the payment of fixed amounts of compensation for inconvenience in situations described in section 12 of the APPR^{Note 3}, section 12 does not apply to baggage issues.

[5] Mr. Brahmbhatt’s travel involved carriage to and from Canada, therefore the Montreal Convention^{Note 4}applies to the application. The Montreal Convention is incorporated by reference into Etihad’s Tariff under Rule 55(C). Article 31 of the Montreal Convention provides that in the case of damage to baggage, the carrier is not liable unless a claim is made in writing to the carrier within seven days from the date of receipt of the baggage.

[6] Mr. Brahmbhatt provided correspondence he had with Etihad in 2020, but when specifically asked by the Agency to provide evidence that a damaged baggage claim was made to Etihad within the seven-day deadline set out in the Tariff and the Montreal Convention, none was provided.

[7] The Agency finds that there is no evidence on the record to indicate that Mr. Brahmbhatt made a written claim to Etihad within the seven-day deadline set out in the Tariff and the Montreal Convention.

[8] In light of the above, the Agency finds that Etihad properly applied Rule 55(C) of its Tariff and dismisses the application.

 

---

APPENDIX TO DECISION NO. 17-C-A-2022
 

International Passenger Rules and Fares Tariff No. EY1 containing Local Rules, Fares & Charges on behalf of Etihad Airways applicable to the Transportation of Passengers and Baggage between points in Canada/USA and points in Area 1/2/3, CTA No. 510

RULE 55 – LIMITATION OF LIABILITY

….

(C) Limitation of liability for baggage or goods and excess valuation charges

(1) For travel governed by the Montreal convention for the purpose of international carriage governed by the Montreal convention, the liability rules set out in the
      Montreal convention are fully incorporated herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules.

….

Convention for the Unification of Certain Rules for International Carriage by Air—Montreal Convention

Article 31 - Timely Notice of Complaints

….

2. 2.In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within
    seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the
    complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal.

3. Every complaint must be made in writing and given or dispatched within the times aforesaid.

4. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.