A Whitehorse couple who were unable to compete in an international sporting competition in Spain last March due to lost luggage are suing Air Canada for $9,152.99 in small claims court.

The case was adjourned Friday and will reconvene Jan. 28.

Judge Peter Ayotte is presiding, with John Dowler representing Air Canada, and the plaintiffs, Greg and Denise McHale, representing themselves.

The McHales wrote in a letter dated April 4, 2007, that they are part of a professional adventure racing team called Team Supplierpipeline.

Members of this adventure racing team 'will trek, mountain bike, paddle, climb and swim unmarked race courses in some of the most rugged, untamed wilderness in the world in the pursuit of one thing to cross the finish line in the shortest amount of time possible,' according to Supplierpipeline's website.

The McHales travelled to Spain in March 2007, according to the letter they wrote addressed to Air Canada.

The went there to compete in an adventure race called Bimbauche Extreme with their two other teammates.

The McHales left Whitehorse on March 17 and arrived in Paris on March 18, after stops in Vancouver and Montreal.

When they touched down in Paris, however, they discovered that three of the five bags they had checked in Whitehorse were missing.

These bags contained equipment essential to the race, including two bikes, climbing gear, inline skates, canyoneering equipment and paddling equipment.

The McHales filed a lost baggage claim in Paris and provided the address of the hotel they would be staying at in Jaen, Spain, the location for the start of the race.

According to the letter, they explained to an Air Canada employee the importance of receiving the baggage before the start of the race on March 20 and were reassured that the bags were on a later flight, but would be flown from Paris to Madrid and subsequently couriered to the McHales' hotel in Jaen.

The McHales then took their connecting flight to Madrid and arrived at their hotel in Jaen.

The next day, March 19, the couple wrote that they spent 'an extremely frustrating day back and forth on the phone between Air Canada and Iberia Airlines.

'Air Canada assured us our luggage was en route to the hotel, yet Iberia would not confirm this. We asked Air Canada to please call Iberia Airlines to ensure that the courier had been arranged, and that our luggage was on the way, but they would not do this.'

The luggage did not arrive in time for the start of the race.

'Our entire trip was a waste of time and money for all four team members,' the McHales wrote in the letter to Air Canada.

'We spent thousands of dollars on airfare, race entry cost, accommodation, as well as lost wages, and loss of potential prize money.'

The McHales rented a car and drove to Madrid, where they subsequently recovered their luggage at the airport.

'Thankfully, we were able to retrieve our luggage, but not without huge expense to our team. We assume, because of the expenses we incurred due to Air Canada's incompetence with our luggage, that we will be reimbursed for all costs associated with this event,' the McHales wrote.

However, the McHales claim that the damages of being unable to compete in the race include more than just the $9,152.99 in expenses.

The McHales are now unable to obtain a qualifying spot for the World Championships of Adventure Racing this spring, which also impacts their ability to provide media coverage for their sponsor, Supplierpipeline, according to their letter.

'As the number one (adventure racing) team in Canada, and one of the top teams in the world, we are heavily impacted by the inability to compete in Spain.'

Air Canada says it cannot be held responsible for the mixup.

In their reply to the motion the McHales filed last July, Air Canada wrote it 'denies all of the allegations of fact contained in the plaintiffs' claim,' with the exception of their flight reservation on Air Canada Flight Number AC 8442 to Paris.

'Air Canada denies that the plaintiffs suffered any loss or damage as alleged, or at all,' states the document, dated Sept. 19, 2007.

Air Canada claims the McHales' own negligence was responsible for the incident.

'Particulars of the plaintiffs' negligence include, but are not limited to, failing to make the proper arrangements with respect to the shipment of the plaintiffs' luggage.'

In its defence, Air Canada says it 'pleads and relies on the Warsaw Convention and Montreal Convention, which limit the plaintiffs' right of recovery against Air Canada.'

These two conventions, held in 1929 and 1999 respectively, amended the regulations concerning compensation for the victims of air disasters. These conventions were incorporated into Canadian law by the Carriage by Air Act in 1985.

Air Canada also cites its own International Passenger Rules and Fares Tariff in its reply to the McHales' claim.

Rule 55 says, 'A carrier is not liable for any damage directly and solely arising out of its compliance with any laws, government regulations, orders, or requirements or from failure of passengers to comply with same, or out of any cause beyond the carrier's control.'

The rules also state that 'a carrier shall not be liable for consequential, special, punitive or exemplary damages arising from or connected in any way with any act or omission by the carrier, its employees or agents, whether or not such act or omission was negligent and whether or not the carrier had knowledge that such damages might be incurred.'