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

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.

  • Jennifer Black

    A couple of things not clear to me:

    1. Was the crew advised that a laptop was in the bag when they insisted that it be checked?

    2. So there was no overhead space – this was a bag that would not fit under the seat? Or was he sitting in the first row where there was no under seat space?

    I _always_ keep a small tote (often it’s just a re-usable nylon grocery bag) in my carry-on that I know will fit under my seat where I can put the most important things out of my bag should I be forced to check it. In it goes my laptop, prescription meds, eyeglasses and the other things that cannot be lost/damaged.

    Airlines should be reserving the overhead space for the bulkhead seats since they get no under seat space in many planes. And if I was in the unfortunate position of having no under seat space and all of the overhead space was taken, I’d be raising a stink for the flight attendants to find me a few inches of room somewhere….

  • http://www.best-hdtv-bargains.com/ Sonya

    Never understood why anyone would buy a piece of depreciating electronic equipment when another equipment can be bought at 1/4 of the price that does the same thing. But I digress. The airline had beef about the size of luggage, he should’ve taken his macbook out of his bag and slip it in the magazines in front of him.

  • Bill___A

    I would quite simply refuse to get on the plane if they insisted upon checking my laptop. It is completely not acceptable to me.
    I’ve never seen a plane yet where they have enforced properly the carry on limits, and until they do, there is no excuse for this kind of crap.
    I remember an airline some years ago that had unbending and unreasonable carry on restrictions. They are no longer in business.

  • http://twitter.com/BlkChickOnTour Terri Lundberg

    Because they have the money and they can?

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    I can’t imagine a scenario where there’d be no space whatsoever to store your essentials. If he had spoken up and said, “I’m happy to check my carry-on, but you’ll need to find space for my laptop and electronic equipment, perhaps in the crew hold”, I’m pretty sure they would’ve complied. He probably got flustered, handed over his bag no questions asked and is now facing the consequences. Unfortunate incident, but not worthy of mediation. I think it’s simply a case of travel unsavviness.

  • http://twitter.com/BlkChickOnTour Terri Lundberg

    He should have refused to check the computer. I can understand if the over head is full, however, what about the space under the seat in front of him? I would never given them my computer. I don’t know that this is an issue because EasyJet is a low cost carrier and they don’t care about their customers. I refuse to fly low cost carriers because they tend to treat their customers like crap. But, in this case, I do think the airline has some responsibility.

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    Under no circumstances would I allow them to check a bag with a computer in it. None..zip…nada….I’m guessing this is a younger person (being a student and all) and when faced with an authority figure, they complied. It was however their duty to inform them their was a computer in the bag. Hell at very least I would have taken the computer or anything valuable/breakable out of the bag and got it on the plane that way. Also, this is why I always make sure I have a bag that is small enough to fit under the seat in front of me because there will always be room with that.

    This is a hard one, I feel for the student but they should have spoken up about having a computer in the bag before it was checked.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    I was mulling over the issue of whether it was important that the kid (presumably) didn’t tell the crew that he had a laptop. Clearly that would have been the best course and would have put the OP in the strongest position. But there are three things that might help the OP.

    1. The laptop was probably in a laptop bag, so the crew should have known.

    2. The FA should have asked what was in the carry-on. Carry-ons often contain items which should not be checked whether jewelry, cash, computers, etc. Given the position of power that flight attendants and other airline personal possess. It is entirely reasonable that someone, especially a young person or an inexperienced traveler might be too intimidated too speak up.

    3. I would argue that Section 20.4.12 doesn’t apply as the kid didn’t check the bag in the hold, but rather EasyJet checked it. I don’t know if that’s legally persuasive, but it might shake loose a few dollars.

  • backprop

    Geez. Sounds like he was going to school in Barcelona. What on earth does “depreciating electronic equipment” mean in this context? And why would you board with a piece of equipment that appreciates in value?

  • emanon256

    The story keeps saying he is not allowed to check a laptop, yet the terms say, “You should not…we accept no liability.” There is a difference between should not and not allowed to. How was checking it violating terms, then the terms said you should not because we don’t have liability? I don’t’ see any terms as being violated by anyone.

    On the other hand, why could he not put his laptop under the seat in front of him? I routinely see people find no room and have to gate check, and then remove their laptops before they hand over their bag. Of if he had a smaller laptop case, he could have just kept that with him under the seat in front of him. Hindsight is always 20/20 though. It does sound like they were willing, and now not willing, which is annoying. The fact that they won’t even respond to Chris makes me think this is a very bad Airline to do business with. I voted yes.

  • Chris_In_NC

    Yes, I think you should mediate, but good luck in getting anywhere with EasyJet. They routinely compete with Ryan Air to be the king of “no frills” and no customer service. I seriously doubt that you will get anywhere with mediation. Since its been a while since you presented a case that warrants it, I’ll bite and vote yes.

    However, I am somewhat surprised that there was no overhead space. In my experiences, European airlines are much more consistent and rigid about enforcing the carry-on luggage policy, thus overhead wars are rare on continental European flights.

    Hindsight being 20/20, Dalton’s son should have taken out the laptop prior to checking in the bag. Makes me wonder what bag he used, was it a laptop bag, or did he put it in a larger bag?

  • lost_in_travel

    The airline created this problem, the airline needs to fix it. If the over head limits had been enforced with the early boarders, the later boarders would have had room. In my experience, the boarding rules are more strictly enforced in Europe so I am surprised there was an issue, but it sounds like the guy was raised to be polite and trusting – unfortunately two characteristics that do not help to protect ones carry on – and he listened to the FAs when others did not. He should have fussed a bit, at least to stop and open the bag to take out the laptop and any other critical items, but there might not have been space for them either. There have been discussions about putting FA’s not allowing a laptop in the seat pocket. And although a lap child is expected to sit in ones lap during the flight, a laptop computer cannot during take off and landing.
    The airline is responsible because they made him check the bag and violated their own rules about putting a laptop in cargo. By the way, there is nothing inherently bad about a laptop in cargo – that is how they get to the US in the first place – it is the baggage handling that is the problem. How about treating bags with a little more respect and care??? The bag must have suffered quite an impact to do so much damage.
    This does not happen only on low cost flights – I have seen plenty of gate checking on legacy airlines too. I always carry a small bag in my carry on as well, but my carry on is usually a small bag itself – I don’t bring on a roller bag that has to go over head. Most of my carry on is filled with all the things that cannot be checked so if I empty out all those items the bag is practically empty and we would gain nothing since I would still need to put my vulnerable stuff somewhere. There are some impossible to stow anything under the seat locations. I remember an argument with someone who insisted on putting her bags at my middle seat feet because the seat back entertainment box was in her space so she had little at her aisle seat. I asked her what I was supposed to do and it was simply not her concern. I put my stuff over head and had to get her to move to let me out a couple of times during the six hour flight.

  • http://twitter.com/johntbaker John Baker

    I think you should attempt to mediate but honestly think you are going to get a “no.” I travel with a laptop or tablet all of the time on tiny RJs. Carry-ons aren’t going to fit in overhead bins on RJs. Regardless, my laptop always comes out and goes under the seat in front of me with my foot on it to keep it from sliding during take off (it actually stays in my lap until my seat mate shows up if I have an aisle seat to make sure it doesn’t get stepped on.

  • http://twitter.com/johntbaker John Baker

    I disagree that this is a function of not enforcing limits. I’ve flown EasyJet. They enforce their limits because hold luggage fees are one of their big money makers (think Spirit in the US). The bigger issue is that because their check in fees are so high, most people have a carry on. There simply isn’t enough space on an airplane for everyone to bring a a roll aboard. Those that board last are going to end up with a “free” checked bag.
    As far as some one else putting their stuff at my feet, that isn’t going to happen unless they’re on my PNR.

  • MarkKelling

    The brand of the electronics or the price paid has no impact on this situation. Someone who had a $100 laptop and had it damaged by the airline is in just as bad a situation as someone who has their $1000 laptop damaged. And besides, every piece of electronic equipment depreciates no matter what it is.

  • cjr001

    Well, I voted yes, despite the fact that EasyJet lacks any resemblance of PR skills, based on your past attempts at communicating with them.

    If they forced the customer to check their laptop – despite EVERY airline saying NEVER do so – then EasyJet should be paying in full to fix or replace it. End of story.

  • Jeanne_in_NE

    If the laptop had been in an easily accessible outer pocket of the gate-checked bag, then it wouldn’t have taken much jostling – or impact – to damage it. Especially since it was an Apple product. The college students with whom I interact daily have many stories about a MacBook or Air or iPhone, etc. being placed in a backpack, backpack removed from the back and dropped a foot or so to the floor and the Apple item inside now unusable. I don’t hear those stories about HP or Asus or Motorola or whatever.

  • Nikki

    Well, I voted yes, but Chris, I think you’d have better luck trying to teach my cats how to bark.

  • http://twitter.com/laermer Richard Laermer

    I can’t believe the airlines get away with this, but I shouldn’t be surprised. Every time something gets checked they don’t bother protecting it–and stand behind antiquated rules about “your responsibility” when it comes to electronic products. But everyone knows those rules were set in motion in the 60s when the only electronics were curlers! And aren’t the baggage folks, their hires, supposed to be bonded? It all reeks of irresponsibility. If trains ran here like they did in Europe I’m sure airlines would be a second or third choice for most.

  • Rosered7033

    I would be seeing RED! I also believe this young man was too submissive in handing over a bag containing electronic equipment, but in the hurry to get everyone seated for take-off, the FA was probably quite insistent the bag be checked immediately. Unfortunately it seems Easyjet may just continue to ignore you, Chris, and this story will end up being just another cautionary tale for the rest of us.

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    I think “violate the terms” means that by checking the bag with the laptop, he absolved the airline of responsibility for the computer.

  • http://profile.yahoo.com/TT4M2NNUTWII2G4LCTMTICYRRA len

    I can’t help but wonder why the laptop wouldn’t fit under the seat. I voted yes, to mediate.

  • http://www.facebook.com/people/Alan-Gore/100000957978287 Alan Gore

    EasyJet owes this man a new computer. Don’t airline passengers have specific legal rights in the EU? The airline can’t, as in the US, just wave off every problem by citing its worthless “contract of carriage.”

  • http://www.facebook.com/jennifer.finger.37 Jennifer Finger

    I think you should mediate, if only to make it clear to EasyJet that it jerked Dalton’s son around first by preventing him from checking the laptop, then requiring him to do so, then using that weird logic to deny repairs and probably forcing him to replace the laptop. Their inconsistency and nonchalantness about the damage they caused with their behavior toward him is not customer-friendly-especially if they violated their own terms. They need to at least give consistent directions to their customers.

  • technomage1

    If they made him check it in,then they are responsible for the damage to the laptop.

  • http://twitter.com/erinboyle05 Erin Boyle

    I agree with many people here. This is a case that should be mediated, even if the result will probably be a big fat “NO.” I have a question though: if he was forced to check his bag (with the laptop) at the gate, was the bag tagged as such? I have seen lines of strollers on jet ways with big tags reading “gate check.” Usually, these items are returned as the passenger steps off the plane, not on the baggage carousel, since they do not have have the barcoded tags.

  • Mozue Cat

    It does not mention whether the young man actually let the airline know that he had a computer in the bag… I am wondering if they did, maybe they would have allowed him to remove it and carry it on that way? I am not really sure if you will be able to mediate this as the airlines wording absolves them of any liability. But on the other hand, it says it will take responsibility for any damage that occurs during transport. Tough one….

  • lorcha

    Why didn’t Dalton’s son just place the laptop under the seat in front of him? Was he in the bulkhead?

  • Adam_The_Man

    I agree. They basically stole his laptop from him giving him no choice. That is just wrong. The protocol should be to ask if there is anything they want to remove before gate checking. When they force someone to gate check, the airline should be assuming all responsibility since it was not voluntary.

  • http://www.facebook.com/people/Roger-Barnett/1352435334 Roger Barnett

    One thing not mentioned here is the strict one item rule that Ryanair, Easyjet, Vueling and others enforce; and yes, they mainly do enforce the rule: one item only strict dimensions (Ryanair will sell you a bag they guarantee will pass their control check, but it must also be under 10kgs in weight – and that is it ! No small hand held item, no ladies purses, computers in their own cases, etc. just recently we flew Ryanair and the rules were enforced (Limoges to. London), and Vueling (Bordeaux to Barcelona) where everyone with a separate small handheld bag was made to put it into their approved size cabin case.

    Everything is done to minimize staff; with Ryanair it can be almost impossible to find anyone on the ground. If you fail to check in on line and print your boarding pass, there are heavy fees to pay; so do it their way and you can get a bargain ! They may make money from fees, but they do very well by having very few personnel, where legacy airlines once had large numbers.

  • Joe Farrell

    Why was he ‘forced’ to leave his laptop in his bag? Take the thing out and put it behind your back, under the seat – in the overhead. There is NO overhead so full that one cannot get a laptop in it – the guy here simply did not think of his options – he likely froze – and then argued instead of finding a reason to remove the laptop and find a secure location for it –

    The OP was the cause of his loss – he just learned a lesson – next time perhaps instead of blindly consenting he will think of alternatives.

  • ClareClare

    ABSOLUTELY you should mediate this one, Chris! And maybe the OP-&-son can post a clip on Youtube or some such thing to get Easy Jet even more negative publicity, since they’ve so obviously earned every bit of it.
    I totally agree with the several posts here that suggest the young man was deferential (or maybe intimidated?) by authority, and complied when he shouldn’t have. This is a common problem among my US students here in Italy, where I work. I’ve taken to preaching to every new crop of kids that I get, that they MUSTN’T automatically bow to authority here, like they are trained to do in the States, because they WILL get taken advantage of eventually. There are, e.g., crooks posing as plain-clothes police running around Rome, claiming to be checking people’s bags for “drugs,” and skillfully helping themselves to valuables in the process. I can oh-so-easily imagine my 18-yr-old college-students meekly allowing these scum-bags to rob them blind, simply because they flash a fake “badge” at them. They’re trying to be extra-polite in a foreign country, and sadly, look what happens!
    In this case, true, the Easy-Jet staff weren’t out to rob the poor kid–but the problem looks like it was similar: at that point when they wanted his bag, he needed to PUSH BACK at them; but because he was taught that you should respect authority, he got slammed (or at least his laptop did!). Unfortunately, it’s a case of courtesy being exploited by those who have none…

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    EasyJet is perhaps one of the best and worst airlines I’ve ever flown. Luggage fees, STRICT cabin bag size requirements (there’s even a weight requirement as well which they regularly enforce), to fees for checking in at the counter to fees for paying with credit cards to fees for priority board. They are however extremely cheap and are generally reliable. I’ve flown them many times and I have learned to factor in the CC processing fee, baggage fee and priority boarding fee (you simply don’t book on Easy Jet with out it in my experience) and the prices are still well below market for the flights I’ve taken.
    And you’re right everyone tries to avoid those luggage fees buy carrying on more and more items. The $20 bucks for early boarding is cheap insurance for overhead bin space.

  • LFH0

    I think one critical issue is whether the computer constituted “Hand Baggage” or “Hold Baggage.” These are two distinct terms and for which different requirements are imposed on the parties. It seems to me that the computer constituted “Hand Baggage,” and it did not lose that characteristic as “Hand Baggage” when it was taken by the carrier and placed in the hold. Indeed, the wording of the terms and conditions is consistent with this interpretation:

    “20.3.5 Carriage of any Hand Baggage in the aircraft cabin is subject to
    space being available for it to be safely stowed. Where required, We
    reserve the right to remove any Hand Baggage from the aircraft cabin and
    place it in the aircraft hold, even in circumstances where the above
    criteria has been satisfied.”

    Note how this term continues to refer to such baggage as “Hand Baggage,” even though it is to be placed in the hold. The mere placement of Hand Baggage into the hold does not change its character to Hold Baggage in the absence of otherwise meeting the definition of “Hold Baggage.” While perhaps contrary to popular perception, this is not at all inconsistent with the practices on other modes. For example, bus companies such as Bieber Tourways do not provide “checked baggage” (which is a legal term that defines the carrier’s liability for transporting such baggage) and its terms include the following: “Bieber Transportation Group does not check baggage.

    However, for passenger
    convenience, baggage will be transported in the baggage compartment when
    accompanied by passengers.” That is, Bieber carries hand baggage in the hold of the bus, and treats such baggage as hand baggage.

    There appears to be nothing in section 16.5 of the carrier’s terms that limits its liability for damage to Hand Baggage, absent cause or contribution to the damage by the passenger. Moreover, section 20.4.12 limit the carrier’s liability only with respect to Hold Baggage, not Hand Baggage.

    I would at the definitions carefully and make a determination as to whether or not the computer constituted Hand Baggage or Hold Baggage (one of the additional questions here is whether or not a Baggage Identification Tag was issued, and if so, did that act to change the characterization).

  • travelagentman

    Checking a computer, flying on a cheap airline that is reknown for no-frills, many complaints, and no caring what-so-ever, equals – you get what you pay for. Delta had to check my carry-on last week, but I sure as heck grabbed my Apple out of it first. They fit in the back of the seat for take off and landing.

  • emanon256

    However, for passenger convenience, baggage will be transported in the baggage compartment when accompanied by passengers.

    Sounds to me like the passenger has to go in the compartment with their baggage :)

  • Stephen0118

    Justin Bieber has a bus company? Sorry…couldn’t resist.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    @comanchepilot:disqus

    Not everyone is a trained trial attorney who knows how to stand up to authority in such a way as to not get thrown off the plane, put in jail, etc.

  • pauletteb

    Why wasn’t he allowed to stow it under the seat in front of him? The case most likely would have fit.

  • http://twitter.com/johntbaker John Baker

    “Wait a second please while I remove my laptop.” I’m not a lawyer and have used that line on a US airline.
    Ultimately, I disagree with Chris’s headline. He was forced to check his bag not his laptop. He just failed to think through the consequences of not removing the laptop from the bag.
    Again, I think Chris could try mediating but it will go no where.

  • pauletteb

    Just let the cat think that barking was his/her idea!

  • http://twitter.com/elegant_erica Erica
  • bodega3

    Why didn’t he take his laptop out BEFORE handing over his bag for a gate check? Anyone who take a carryon needs to be prepared for this. He screwed up.

  • http://www.facebook.com/people/Sandy-Olson/100001688629844 Sandy Olson

    I think the problem here is those GIANT bag people now try to stuff into the overheads. One of them should have been removed and checked so the laptop would have a place to ride…and the owner should have advised it was a laptop. I’m getting might tired of people coming aboard with Grandma’s steamer trunk and expecting it to fit into the bin, thus taking up 4 people’s space.

  • http://www.facebook.com/trudi.p.wood Trudi Pearcy Wood

    I think your efforts to mediate will fall on deaf ears. I can’t imagine a situation where an airline wouldn’t allow a laptop. Unless it’s in a large case, or an obtrusively shaped case, then why couldn’t it fit below the seat? I’ve never put my laptop in an overhead bin, and I definitely wouldn’t allow it to be checked into luggage. I’ve always put it under the seat or (in a neoprene case) in the magazine pouch. I have to wonder just how big this laptop computer is? If the airline offered/allowed repair costs, why didn’t the man get it repaired? It seems this case would just be a lot of work with little success.

  • flutiefan

    my very 1st question, too!
    get that sucker out, then let them gate check the bag.

  • flutiefan

    so no JetBlue, Southwest, AirTran?

  • AUSSIEtraveller

    he should have had laptop in a small bag & not some mega size wheelie or he should have taken it out. What was he thinking ?

  • flutiefan

    i work many of my days at the ticket counter, doing baggage check-in. after well over a decade in the biz, it floors me that people think it’s perfectly ok to put their laptop in their checked bag. i’ve seen the TSA equipment shoot bags out with such force that they crash against the wall, breaking things inside (TSA told us their “sweeper arm” can generate 80lbs of force). i’ve seen small but heavy bags (think bowling ball bags) placed on top of larger ones, and things inside the larger suitcases get crushed. i’ve seen bags fall off the carts when being driven out to the aircraft and then run over (not always by the airline!). no, packing your computer “in a sweatshirt” doesn’t protect it! take that sucker out!

    whenever someone mentions they have a laptop in their checked bag, i tell them in no uncertain terms to get it out, asap. if they refuse, they are signing away all their liability.
    but if i insist a “carry-on” is not within regular size, and that person checks their bag without making it known there’s a laptop inside (thereby giving me a chance to tell them to take it out), that’s their issue.

    no mediation.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    Joe is a trained, skilled, and very aggressive attorney. That is merely by example. There are many other strong-willed people. Not everyone fits that personality type and shouldn’t be punished for not having a bulldog persona especially in light of an authority figure.