'Everything was destroyed': Windsor family fighting with Sunwing over stroller and luggage damage

For more than 18 months, a Windsor woman says she has been trying to get compensation from an airline for a broken stroller and ruined suitcase.

Tess Graham says it happened on the return Sunwing flight from Jamaica to Toronto in November 2019.

“I was mad, that was brand new luggage,” says Graham. “You know all our stuff was shoved inside. I had no idea if anything was missing, like I mean, it was just literally Saran wrapped in a big bundle.”

Contents of the suitcase Tess Graham says was damaged on a Sunwing flight, in Windsor, Ont., on Tuesday, April 5, 2022. (Michelle Maluske/CTV Windsor)

That, and she says their brand new three-wheel running stroller had a broken rear tire.

“The spokes were all broken off of it,” says Graham. “So I mean putting a one-and-a-half year old in there it’s not really safe. So we carried her.”

Graham says their flight arrived late in Toronto and it took a long time for their broken luggage to come to the baggage claim.

“Everything was destroyed,” says Graham.

By then, she says there were no Sunwing agents working to take a baggage claim.

With a four-hour drive home, and a tired toddler, the Graham’s decided to deal with the matter when they returned to Windsor.

Graham says within three days, her travel agent emailed Sunwing, notifying the company of the problem.

Sunwing told the travel agent they were looking into it, that it would take 30 days for a response.

When no response came, Graham started emailing and calling the company herself.

She tells CTV News, between 2019 and now she was transferred to five different Sunwing agents and each time she was asked to go over the details of her claim and to send the same photographs, which she says she did.

“I don't really know what more I can possibly do,” says Graham. “I've given you all my pictures. I give you my statement. I wrote letters. I did follow up. I called, left messages.”

In May 2021, Sunwing advised Graham that too much time had passed and her claim was closed.

In a statement to CTV News, Sunwing media relations confirms the receipt of Grahams’ claim.

However, it goes on to read “On multiple occasions our team requested that the customer or travel agency fill out the required report for damaged items or, as an alternative, to provide photos of the damages along with baggage tags so that a report could be completed on their behalf.

Stroller Tess Graham says was damaged on a Sunwing flight, in Windsor, Ont., on Tuesday, April 5, 2022. (Michelle Maluske/CTV Windsor)

Unfortunately we did not receive the requested information or supporting documentation from either the customer or travel agent. As a result and following a significant lapse in time with no response to our repeated requests for the required information, the file was ultimately closed.”

Graham says she did what each Sunwing agent asked of her and is “disappointed with how they're (Sunwing) treating a person who is honestly being genuine.”

She shouldn’t be surprised, according to Gabor Lukacs, president of Air Passenger Rights, a Canadian advocacy group.

“You are in a collision course with the airline,” says Lukacs. “Your interest is being compensated. The airlines interest is not paying you. Those interests don't jive.”

Lukacs as the rules for baggage claim are very “strict” - passengers have to notify the airline in writing within seven days of the date of damage or the claim can be ignored.

“Then you have two years to sue the airline in court from the date you received your baggage or the date when the incident happened,” according to Lukacs.

He says there might be a small extension because of the pandemic, but Lukacs says even that is a long-shot now for the Grahams, who he says may have been “too kind” to Sunwing.

“The airline was very much taking benefit, taking advantage of the passengers’ good faith, assuming they're (Sunwing) still wanting to do the right thing,” says Lukacs.

Stroller Tess Graham says was damaged on a Sunwing flight, in Windsor, Ont., on Tuesday, April 5, 2022. (Michelle Maluske/CTV Windsor)

Their only recourse now, might be to take Sunwing to small claims court, to recover their losses. Lukacs says they have a form on their website, for passengers to fill out, that it’s easy to understand and doesn’t require a lawyer.

“People say in general; ‘wait and see’. Airlines say ‘wait and sue’,” says Lukacs “If you are having a clear cut case, the airline will settle once they see that you mean business.”

Graham says they are out $2,800, when taking into account the stroller and luggage were brand new when destroyed and adding the cost for replacing both.

“That's a whole trip for us. Just to have to replace things that shouldn't have been broken in the first place,” says Graham.

Here is Sunwing’s entire statement:

“We take all claims regarding damaged or lost baggage or other items very seriously at Sunwing Airlines. Regarding the 2019 incident in question, we can confirm that Sunwing received a post-travel inquiry from the affected customer, and our customer relations team provided immediate and ongoing guidance on the documentation required to process the claim about the damaged stroller. On multiple occasions our team requested that the customer or travel agency fill out the required report for damaged items or, as an alternative, to provide photos of the damages along with baggage tags so that a report could be completed on their behalf. Unfortunately, we did not receive the requested information or supporting documentation from either the customer or travel agent. As a result and following a significant lapse in time with no response to our repeated requests for the required information, the file was ultimately closed.”