Ontario couple who lost $8,000 gold chain in baggage incident given $1,272 by airline
An Oshawa couple says they have lost personal belongings worth thousands of dollars and of great sentimental value, after an American Airlines flight attendant took one of their carry-on suitcases away to fly as checked baggage during a trip to Jamaica.
Stafford and Karen Gordon were travelling from Toronto to Jamaica in August for a memorial service for Stafford’s sister-in-law, but also to mark their 34th wedding anniversary. Stafford had a new suitcase purchased from Costco for $150, and filled with items that included snorkelling gear, watches, expensive shoes and a gold chain his wife had given him two decades ago. Karen had a metallic pink carry-on that she had used before and was fond of.
Stafford told National Post he was stowing both bags in the overhead compartment when a flight attendant told him there wouldn’t be enough room, and took his wife’s pink bag.
“When the guy grabbed onto the bag she said: Please don’t let him take my bag. He’s going to ruin it,” Stafford recalled. “So I took my bag back down from the overhead, and I stuffed hers in instead. And the guy took mine and started walking, exiting the plane.”
Both spouses said they remember the flight attendant being some distance away before he stopped to call back and ask for their seat numbers, which they gave him. Then he took the bag to the exit. They never saw it again.
Karen was upset but decided not to make a fuss at the time. “You’re scared that they’re going to tell you you have to come off the plane,” she said.
She also joked that “my name is Karen, and I do speak up for myself,” referring to a term for women who complain about service.
“And as we sat down, Stafford said to me, I don’t think he heard the number I gave him, and we had no tags on our bag. So we knew there was a problem.”
There was. At a transfer in Miami, the Gordons said an American Airlines employee ensured them tha bag had been tagged and was en route to Montego Bay, Jamaica. But on arrival there, it was nowhere to be found.
“We went from carousel to carousel to carousel,” Stafford said, recalling how hot the airport was. “We were just back and forth for hours. We watched the carousels come in. We checked every pile of luggage, until we went to visit the American counter. And they said they had no record of it.” The representative also told them there was no one else to speak to, either in Canada or Miami.
The couple reached out to the airline for assistance, but were told it would not reimburse them for anything purchased to replace lost items, nor for any individual item worth more than $100 without a receipt.
But the Gordons said there was much more of value in the bag, including Aldo shoes, Stafford’s suit for the memorial, two expensive watches and the chain.
“I had a 14-karat gold chain that my wife had bought for me 20 years ago. And at the time, I think my wife paid nearly 300,000 Jamaican dollars, which is equivalent to $3,000 Canadian,” Stafford said. He added that a jeweller had recently appraised it at $8,000.
Gábor Lukács, founder and co-ordinator of Air Passenger Rights , told National Post that, under the Montreal Convention, the maximum a passenger can receive for lost luggage on an international flight is 1,519 Special Drawing Rights , or SDR.
That’s a currency used in international air travel situations, and it amounts to about $3,000. In the end, Gordon said he was compensated $1,272 by American Airlines.
An Oct. 12 email shared with National Post says this is “ for the shirts, shorts, pants, and snorkeling set.” It adds: “Please note that without receipts, we are unable to reimburse you for the watches, chain, Oakley sunglasses, cologne, shaving set, Aldo shoes, and Harry Rosen cufflinks, as these items are each valued over $100.00.” It includes a link to information about liability limits.
Lukács added that the limit “assumes there’s no willful misconduct by the airline.” The Gordons said the flight attendant “forcefully removed” the luggage from them.
“One thing I would do in such a situation always is make an excess value declaration on the spot,” said Lukacs. “Make sure you document it, because if you do make an excess value declaration, then there is no limit. Whatever you declare as an excess value becomes binding on the airline.”
That didn’t happen on the Gordons’ flight, but Karen remains incensed at the way American Airlines handled the situation.
“There was no dialogue, there was no communication, there was nothing,” she said. “There was just them telling me: We’re only paying you this, and that’s it. Because you don’t have receipts. And I’m like, if you’re going to travel, don’t you just go in your closet and take things down? Are you going to have receipts for everything that you own? It doesn’t make sense.”
She added: “The other thing is that I never checked (Stafford’s) bag. I didn’t even give it to you. You took it from me, right? So your policy really shouldn’t apply to me, because I never gave you (the) bag.”
National Post has reached out to American Airlines for comment but has not yet received a reply. A CTV News story on the event included this response form the airline: “Our goal is to provide a positive travel experience for all our customers. Our team has been in touch with the passenger to learn more about their experience and address their concerns, and we are working with them to come to a resolution.”
An email from American Airlines dated Oct. 24 and shared by the Gordons notes: “ Upon further review, as there was no receipts submitted for the items over $100.00 which is required, we believe our previous response was accurate and a reason hasn’t been found to reconsider the resolution of the claim. While we understand this isn’t the outcome you desired, please note there will be no further escalation from our office of this claim.”
Lukács said a legal challenge might be the only next step, and points to the flight attendant not tagging the bag when it was taken away.
“It hasn’t been litigated, per se,” he said. “I can’t pull you a case law on failing to tag a baggage qualifying (as reckless conduct), but it gets awfully close to it. I could very well see a small claims court judge say: You know what? You didn’t tag his baggage. That’s probably why it was lost.”
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