May 24 2009

Airline baggage

Category: Sharp EdgesJim Taylor @ 12:01 am

Sunday May 24, 2009

A small victory for airline travelers

The Canadian Transportation Agency has ruled against Air Canada on a baggage handling complaint.
        Regular readers of this column will know I have little love for Air Canada. But in this case, my personal feelings are irrelevant. Because the ruling applies to all airlines and cargo carriers landing anywhere in Canada.
        The concept is simple – when you take something under your wing (so to speak) or accept it into your cargo hold, you assume responsibility for delivering it to the right place, in no worse condition than you received it.
        You cannot weasel out of that responsibility by including fine-print waivers in contracts, or by posting misleading signs at baggage counters.
        The complaint was lodged by Gábor Lukács, an assistant professor of mathematics at the University of Manitoba. This is not Lukacs\’ first conflict with airline bureaucracies. Three years ago he won a $6,000 settlement in a Nova Scotia court after Continental Airlines cancelled a flight and caused him to miss a conference. He also won a partial victory against Skywest Airlines in a Manitoba court.

Disclaiming responsibility
        In this case, Lukács noted that Air Canada posts signs stating that the carrier is not responsible for damage to protruding parts of baggage, such as straps, wheels, zippers and locks. When customers complain about damage, Air Canada refers them to a tariff regulation that identifies such baggage as unsuitable for transportation.
        Except that almost all baggage today has straps, wheels, zippers, or locks. If the airline accepts your baggage, Lukács argued, it should also accept responsibility for handling it. It should not blame you for owning unsuitable suitcases.
        The signs also violate the 1999 Montreal Convention that set uniform rules for international carriage of passengers, baggage and cargo, Lukács claimed.
        On May 13, the Canadian Transportation Agency agreed with Lukács. It gave Air Canada 90 days to amend its regulations, and to remove the signs disclaiming responsibility.
        The ruling takes a mind-numbing 4500 words. The text is filled with legal citations: the Carriage by Air Act, R.S.C., 1985, c. C-26; Article 26 subsection 111(1) of the Air Transportation Regulations, SOR/88-58; Montreal Convention Rule 55(C)(12); Air Canada Rules 97(A)(3)(1) and 97(A)(3)(2)…
        But the meaning is clear: if an airline accepts your baggage – regardless of its shape, size, or weight – the airline also accepts responsibility for delivering it without damage or delay.

Common sense
        As the Financial Post summarized: “Once the new ruling is implemented, Air Canada passengers will be able to demand compensation for damaged luggage or for luggage that didn\’t arrive when they did.”
        Which makes perfect sense, doesn\’t it?
        After all, if I agree to look after my neighbour\’s cat, I\’m responsible for what happens to that cat while under my care. If I let the cat run out into the street, I can hardly blame the owner for entrusting me with a traffic-challenged cat.
        Likewise, a babysitter cannot disclaim responsibility by taping a waiver sign onto your door.
        Now, if only the same principle could apply to, say, investment counsellors…
        The CTA ruling puts the onus onto the airline, not the passenger. If a bag is too big, too heavy, or too awkward for the airline to handle safely, the airline should reject it. But if they accept it, and it arrives in three pieces instead of one, the airline is responsible. Similarly, if it goes to Singapore instead of Saskatoon, the airline is responsible.

Negative agreement
        The previous system employed a kind of negative approval. That is, unless you formally protested the airline\’s policy, you\’re assumed to have endorsed it. Even if you never actually read the Tariff.
        It\’s the same ploy that cable companies tried to use, to move unwitting customers onto premium channel groupings.
        Municipalities still use it, by the way. Unless you formally challenge your property assessment before a certain date, you\’re deemed to have accepted it.
        So do banks. The statements you receive probably say that unless you dispute their accounting within so many days, their version stands.
        In this case, indeed, the same principle applies – Air Canada has 45 days in which to appeal the Canadian Transportation Agency\’s ruling. Otherwise, it must comply.

Incomprehensible mandate
        If I were Air Canada, I\’d argue that section 26 of the Canada Transportation Act – which the CTA cites as its mandate for forcing Air Canada to make changes – is incomprehensible at best; at worst, it could make the CTA an accomplice in breaking the law.
        I quote: “The Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing under any Act of Parliament that is administered in whole or in part by the Agency.”
        When I disentangle all the alternatives and options, it sounds as though they could, “require a person… to do… anything… that is prohibited…”
        Conversely, they could “require a person… to refrain from doing anything that may be required…”
        Fortunately, the CTA\’s decision is clearer than its mandate.

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Copyright © 2009 by Jim Taylor. Non-profit use in congregations and study groups permitted; all other rights reserved.
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Your Turn

Joan Mistretta did not like my ruminations about whether people needed to be qualified to vote, last week.
        “Get a grip on yourself!” she wrote. “You say something is \’elitist\’ and then you speculate that it might be a good idea. \’Elitism\’ (which, indeed, what you describe is) is not about merit or competence but is based on the idea that some people are just generally of a higher order than others. Should these things on a resume – \’post-secondary education, military service, international travel experience, public service, or being honoured by their country\’ — allow some people to have more voting power than others? God forbid. I\’m sure that many of the people who got us in the U.S. in the fix we are in now have at least some, if not all, of those things. None of them guarantee any kind of commitment to peace, justice or care for our planet — none of them even guarantee common sense. Sometimes I wonder about you, Jim.”

Steve Roney was a little kinder: “Your argument, of course, is not new, Jim. It is the classic argument for aristocracy, and it carried the day in most parts of the word for many centuries. The premise was and is that the average person simply isn\’t competent to make decisions regarding government and the welfare of the state.
        “It still makes some sense. The classic objections to aristocracy, though, are also familiar:
1. If all people are created equal, all have an equal right to control their own destiny, in moral terms, regardless of how well others feel they choose.
2. Limiting the vote by class inevitably perpetuates the class system, and therefore keeps the poor poor and the powerless powerless.
3. Once you restrict the vote to only one class, that class has an incentive to govern only in their own interests, rather than in the interests of the whole, and no outside check against that tendency.
3. Historically, regardless of theory, democracies seem to be more efficient and successful than aristocracies in the competion among nations, automatically disproving the aristocracies\’ own stated raison d\’etre.”

Finally, then, a letter from Dale Perkins: “As always you bring in helpful and valid observations and comments. I don\’t disagree with any of the questions raised or the ethical quandaries you present. There are no easy answers, simply answers that come through engagement.
        “I realize my conviction is that upholding rights is too often a shorthanded way of excusing us from making decisions… If rights and responsibilities are enshrined (and I expect all of us need that to exist as a society) then decision-making is softened or eliminated as a necessary process each of us is required to undergo. Your examples: if voting is considered a responsibility and a right then do we enshrine both into law? That both makes it easier to comply, but takes away freedom to decide for ourselves. Driving a car — lots of responsibilities there as well as rights — however driving always requires decision-making. If we aren\’t able to decide we\’re dangerous. What are the song-lyrics – \’freedom\’s just another word for nothing left to lose\’?
        “Same for having children/parenting. And what about advertising and promoting? \’Free marketeers\’ hate it when people make decisions on their own, without being influenced by the messages pumped out constantly by that industry. Corporate bosses hate democracy for the same reason — they don\’t want people to be actively engaged in making decisions themselves (using their values, convictions, beliefs as determinants) — they want consumers only, operating from a shallow level of wants and demands…
        “For voting, the more the actors in this field operate according to the same dictums, then that process degenerates as well. That, I think, is the root of the current malaise — we\’ve allowed politics and the political process to degenerate into opinion polls, and contests for brand loyalty and spin.
        “I think that\’s all we really can offer ourselves and one another — the capacity to make decisions all the time. When we chose to exercise it then the possibility of life is enhanced.
        “Oh, the human condition is a marvellous thing!”

Doug Pickett indulged in a small rant, prompted by Bryan St. George\’s letter last week that claimed that only evangelical Christians were true Christians.
        “I\’d like to ask Mr. St. George for his definition of \’Canadian,\’ Doug write, in part. “Is there only one kind of \’true Canadian?\’
        “Categorization is a cognitive tool that is enormously useful to our understanding of our life and world. It is a major device of the scientific method. But it can be very much like the proverbial double-edged sword. While it can advance our knowledge — and our wisdom — it can also stop that advance in its tracks.”

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About My Paraphrases



Occasionally, I get frustrated by the Bible. Not usually by the message, which is timeless, but by the language and metaphor. Contemporary translations update the language, but not the metaphor, so the text still expects us to respond to images of deserts and tents, camels and droughts, kings and concubines. What we\’ve learned since the Bible was written — about psychology and evolution, about quantum physics and astronomy, computers and fossil fuels – is simply left out.
        At such times, I start paraphrasing. I don\’t pretend that these paraphrases rely on new translations of original texts. They are, rather, my way of writing what I think the original writers might have said IF they lived today. Sometimes I stick close to the traditional versification; sometimes I take liberties.
        My paraphrase of Paul\’s letter to the Romans attempts to put Paul\’s sometimes convoluted words — and argument — into a contemporary setting. If Paul were writing today, to the Christian church, I\’m not sure he\’d worry as much about the failure of the Jews to follow Christ as about the failure of Christians to follow Christ, so I have rephrased in those terms. I suspect he would also make use of quotations from the Gospels — which of course didn\’t exist when he wrote his letters — rather than using quotations from the only scriptures he had available, which we call the Old Testament.
        About 200 people have requested the paraphrase of Romans, as an electronic file.
        I now have two new paraphrases available, for Ecclesiastes and Job. Ecclesiastes sticks pretty much to the biblical flow of verses – though with, I hope, some sense of humour. Job cuts 42 chapters down to about three pages. I found the speeches in Job interminable; the only way I could make sense of the various characters\’ verbal meanderings was to turn them into television sound-bites.
        I\’m making these available the same way as Romans – on the honor system. You send me an e-mail and request the file you want. I\’ll send it. If you like it, and want to keep it, you send me a cheque for $5 by snail mail. If you don\’t like it, simply erase it from your hard disk and send nothing.

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If you know someone else who might like to receive this column regularly via e-mail, send a request to [email protected] Or, if you wish, forward them a copy of this column. But please put your name on it, so they don\’t think I\’m sending out spam.
For a lighter look at life, faith, and the lectionary, I recommend my friend Ralph Milton\’s weekly e-newsletter Rumors. You can subscribe to it by sending a note to [email protected]
For other web links worth pursuing, try

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