Forced to check my laptop and now it’s in pieces

July 30, 2012

La Freta Carter Dalton’s son was boarding an EasyJet flight from London to Barcelona when the overhead bins ran out of space. A crewmember told him he couldn’t board with his laptop computer — it had to be checked.

You can probably guess what happened next, right?

“The luggage was placed in the cargo hold,” says Dalton. “And the laptop was severely damaged.”

A forced check-in is one of the most difficult travel cases. Period.

Why? Because down in the cargo hold, airlines usually treat every bag as voluntarily checked luggage. Their highly restrictive contract of carriage, which specifically states that they either aren’t liable for fragile items in the cargo hold or that breakable items aren’t permitted, lets airlines off the hook for roughing up your personal belongings.

Let’s go right to the fine print on this one, shall we? Bear in mind that EasyJet is a no-frills European carrier that has built a business model on fees. And there’s one other thing, too — I’ll get to that in a moment.

Here we go:

16.5.1 in respect of Hold Baggage, We shall be liable to You for its destruction, loss or damage during the time it was in Our charge and to the extent that damage did not result from the inherent defect, quality or vice of the Baggage;

…

20.4.12 You should not include in Your Hold Baggage fragile or perishable items, money, jewellery, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples and we accept no liability for them save as stated in Article 16.5.3 (Baggage, Damage to Baggage).

North American carriers have similar language, but their contracts simply excludes computers from liability. It’s a little like two sides of the same coin. Here are EasyJet’s full terms and conditions.

So Dalton wasn’t allowed to check his PC, but EasyJet forced him to. Now it won’t take full responsibility for the damaged PC because — you guessed it — he wasn’t allowed to check it.

That’s some twisted logic.

Dalton fills in a few details:

I filed a claim with the airline and provided the documentation and repair estimate from the Apple store as requested by the EasyJet representative.

The Apple store technician told our son that he had to return with the laptop within two days to be repaired or they would not be able to make the repairs before he left Barcelona.

EasyJet didn’t authorize the repairs while Dalton’s son was in Spain. Now he’s in Finland, teaching English for the summer, and EasyJet won’t help him fix the PC, according to his mother.

She wants me to nudge EasyJet to do the right thing, but there are two problems with that. First, it’s not entirely clear what the “right” thing is, at least according to the airline’s contract. Did it void its own terms by forcing him to check his computer? Or did he violate EasyJet’s terms by allowing his PC in the cargo hold, or at least failing to advise it that the bag contained a laptop?

In reviewing Dalton’s notes, it appears EasyJet was at one point willing to authorize the repairs, but now, fixing the PC wouldn’t be practical. It probably needs to be replaced, which would be a significant expense for an airline with a well-earned reputation for cheapness.

All of which brings me to the last, and maybe insurmountable hurdle: Even if I tried to get involved in this case, I’m not sure if I’d make any progress. My records show that EasyJet refuses to acknowledge my mediation efforts. In fact, the company has never responded to any of my inquiries, for any reason.

I’m not sure if this laptop can be saved.

Joe_D_Messina

Possibly because people like to talk more about their Apple products than the huge conglomeration of companies that make up the world of PC products. Apple products aren’t any more breakable than the other brands. Bang any laptop or smart phone around a bit and they’re going to break.
Joe_D_Messina

The larger bag theory would explain a number of things, including why he didn’t just stow it under the seat. And if it was buried deep in the bag maybe he thought it was too big a hassle to take it out before checking it.

Having a tough time figuring out why he didn’t check the bag and keep the computer with him. Even sitting loose under the seat in front of him it’d have been far safer than in the hold.
Jeanne_in_NE

Or, a disproportionate number of college students buy Apple products and so skew the numbers. I did see one girl drop her iPhone on to a table while sitting at that table (about a one foot drop from her ear to the table) and the screen shattered.
Joe_D_Messina

Sounds like somebody has a serious case of brand envy. How do you know he didn’t buy it used or that he didn’t get it on sale when a new model came out? (Assuming, of course, that it’s any of your business what the kid spends his own money on.) And when you find a comparable laptop that costs 25% of what an Apple does, go ahead and post the details so I can run out and buy one.
http://www.talestoldfromtheroad.com/ Dick Jordan

I voted ” No” on your mediating the case because it sounds like EasyJet has already indicated its unwillingness to participate.

Like others, I’m puzzled by the fact that the passenger didn’t stow his laptop under the seat in front of him. Perhaps his carry-on bag was too big to fit there, or (as sometimes is the case) the airline had stowed safety or other equipment under the seat, or his seat was directly behind a bulkhead.

Insisting that his laptop bag not be checked probably would have not have helped if there was no room in the overhead bins and perhaps he would have been taken off the flight and stuck at the airport in he had done so.

Unfortunately, airlines don’t seem to enforce their own rules on the size/number of carry-on bags. Nor do all passengers obey those rules. If either did so, this type of situation probably wouldn’t arise.
Sadie_Cee

“A crewmember told him he couldn’t board with his laptop computer — it had to be checked.”
The statement is specific and leads me to the conclusion that the OP had the laptop computer in a separate bag which allowed it to be readily identified as a laptop. Most, if not all, laptops can fit under the seat in front. Therefore, if there is no space in overhead bins, this is the place for it. Since the crewmember refused to allow him to board with his laptop, ordered him to check it and it was subsequently damaged in the cargo hold, EasyJet is responsible.
The OP could have been assertive and refused to check the laptop, but not only would this not have guaranteed the desired result, it could have had him excluded from the flight altogether for not obeying a crewmember’s directive. Additionally, it is unlikely that he can now prove that he was ever directed to check the laptop.
Without mediation, I don’t believe that there is any chance that EasyJet is going to take responsibility and repair or replace the laptop. If EasyJet continues to hear from you, Chris, it will start paying attention.

I have been travelling with a laptop since 2007 and have never been told to check it, nor have I ever placed it in an overhead bin. I have always placed it under the seat in front of me. I stopped travelling with a purse ever since I was ordered to stow it under the seat in front, but cannot do the same with my laptop.
TonyA_says

And you think EasyJet or RyanAir could care less [about attorneys] ???
flutiefan

he was allowed. he just didn’t.
flutiefan

my laptop is in my backpack. no one would know it was there. i see laptops in the zipper pouch of roller bags. i will not assume his was in a laptop bag.

no FA in any country or any airline will routinely ask what’s in the carry-on. that’s not their issue. there either isn’t enough room or the bag is too big, and it’s gotta be checked. they don’t have time to ask what is in every gate checked bag to determine whether or not the customer should take their stuff out. you know what’s in your bag. you know what’s valuable or fragile. (and young or inexperienced people are the ones who tend to speak up the most because they are clueless or self-important).

the kid left the laptop in the bag that he checked in. yes, they required him to check the bag. they did not require him to check the computer. he handed the bag over, so that argument doesn’t hold water.
flutiefan

come to my gate. we enforce carry-on sizes and limits on every flight!
Joe Farrell

Britain still has the minority statutes – if the kid is a minor in Britain [16 is it?] he cannot consent under British law to the terms of the contract. Thus – EasyJet has no limitation of liability with a ticket issued in his name if he is traveling as a minor. . . .

That might also shake a few dollars clear . . .
Joe Farrell

yeah, I guess the ‘old lawyers are aggressive folks who generally don’t take yes or no for the final answer’ is kind of how people end up – upon reflection I still think that people need to be responsible for their property no matter how much or how trusting they may be raised to be. I often wish I was raised on a farm in a large family in a rural area where folks are kind to each other instead of on the streets of Astoria in NYC where at age 5 I remember being told to stay away from Little Steven down the street because he wanted to touch your privates. You tend to develop a different view of the world in that environment – after practicing for almost 30 years you see the world as the corporate litigators do – where everyone is hoisted on their own petard for being trusting of the good nature of big business . . . .
Joe Farrell

for the most part, Carver, they would not care about American lawyers . . . you need to sue them in Britain!
ExplorationTravMag

I’ve had FAs try to force me to check my laptop/camera bag and I’ve refused. When told to do so, I’ve generally followed the question with, “Is the airline prepared to take financial responsibility for a $2000 laptop and about $7000 in photography equipment with which I make my living? And are you willing to sign a statement that you ordered me to do so?” They generally back off at that point.
flutiefan

it WASN’T JUST A LAPTOP that this kid had. it was a bag. and why is his luggage more important than someone’s who already had theirs in the bin? especially in the case of EasyJet when people pay more to board early for the bins. and as others have said, they are strict on their sizing.
http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

Never said any such thing. I’m talking strictly about a personality type.
Unegen

That’s because when it happens to those brands, the owners just replace them. Apple products are more expensive and therefore there is more carping over broken items.
Unegen

You were there, or do you have a crystal ball?
Jeanne_in_NE

Okay – checked with the computer nerds at UNL’s computer shop. They sell Dell and Apple computers and lots of i-anythings. They say that Apple/Mac computers don’t break as readily as the Dell, but it’s Dell, so what more needs to be said on that, right? They said they see i-anythings in all the time, though. So, I’m kind of right and mostly wrong. :)
Point still is, that laptop was probably in an outer pocket and regardless of brand, would still have been broken when handled like regular cargo-hold luggage. It wouldn’t have taken much of an impact, as @lost_in_travel:disqus had suggested.
Jeanne_in_NE

Checked with experts – see my reply to myself above. Long story short – you’re right. Thanks for making me think and actually do some research!
Jeanne_in_NE

Checked with experts – see my reply to myself above. The MacBook Pro 2012 some freshman was buying while I was at the counter was $2300, loaded. My little HP Netbook was $400. You’re right; I’d kvetch a *lot* more over a $2300 laptop than over a $400 one!
Mel65

They must have really done a number on his laptop for it to be in pieces. I work for DoD and my laptop never leaves my presence. I make sure it’s in a slim removable case that I can easily slip out of my larger bag if necessary. But, in the airport yesterday, the jerk behind me was in such a rush that he shoved the bins forward on the rolley belt (I do believe that is the technical term) and I watched in horror as the one holding my laptop tipped over the end of the belt and my laptop did a very loud face plant on the floor. But, I’m on it right now and it’s doing fine and not a scratch! So, I can’t imagine what they did to his laptop for it to be in such broken condition when it was INSIDE a bag. Sounds like it must have been loose inside a backpack or some other bag unsuitable for protecting it.
kanehi

That’s what I was thinking also about the under the seat storage. I don’t trust placing my laptop on the over head bin anyways due to it’s constant vibration and people who just shove their carry-ons without care.

Share: