Dave Noble

The party has admitted liability to the imit which it is liable to. What principle is there beyond that. If you go to https://www.iata.org/policy/Documents/MC99_en.pdf , you can read the Montreal Convention - articles 17 and 22 would seem to be the relevant sections

it will not get more than the airline is liable for. If it covers GBP8000 for a single item, that is something which it will be paying out on

Tobias-UK

Unfortunately the aviation world is in a relatively unique position where, enshrined in law, it enjoys limited liability in certain situations. Yours just happens to be just one such area where liability is limited. I found myself in a similar situation where BA paid up to its maximum liability and my travel insurance paid the rest.

This is why we buy travel insurance, it's not about sitting right, it's about not sitting out of pocket! As Dave Noble rightly says the onus is on the traveller to ensure his belongings are adequately covered if he doesn't want to assume the risk himself.

TabTraveller

Some aspects of the MC aren't compatible with more recent legislation such as EC261. I would've expected that such a significant limitation on liability would need to be prominently brought to the attention of consumers in the EU to comply with the Directive on Consumer Rights as enacted around the EU. Not sure if this has been tested as not at my desk and able to check.

LTN Phobia

I don't always agree with your posts, but as someone who occasionally does bring along valuable items on board that may be damaged by various circumstances, I agree that this is indeed the case. I offer the items appropriate protection.

This was learnt after a passenger spilt red wine on my bag on its first outing, knew he ruined the bag, and did not not even apologise. I took the view that I accepted the risk when I took it out in public. In a way it was liberating because I no longer worried much about the bag and I didn't feel the need to protect that particular bag any more - so I put it in more casual use and happily bumped around with it. That's one view to take that makes light of the matter (pretty much what my mother did when she dropped her Kelly and scratched it badly too).

There is damage insurance you can take out for valuables, though it doesn't cover normal wear and tear. Some household insurance policies offer accidental damage cover for specified portable items as well. I have some items covered by this policy and gives me a bit of peace of mind.

A method used by a lot of people who carry a valuable handbag etc. is to carry a waterproof protective bag into which the bag is placed, and put into the locker. That way, it's less likely to be damaged.

Aeroplane is no different from a public place. Bad things can happen to a bag pretty much anywhere, like having a coffee shop spill coffee.

It's the part and parcel of carrying an expensive stuff around with us, and there is an argument that one should not carry such an item around unless one can accept the risk of losing it or damaging it. It also worked in security screening where some airports for some reason object to the use of a tray for handbags and insist on putting it directly onto the belt, with damage likely to occur if someone puts dirty wheeled bags next to it etc. I do recommend it.

tom139

Ironically the bag was just being put into its dust cover when it happened! The incident occurred almost immediately after boarding.

LondonElite

Not to make any sweeping generalisations, but I'm always slightly amused when I see people with LV suitcases in airports that have their own little bag condoms. It seems bizarrely tacky to me that a suitcase should need protection. If you can't afford for it to get bumped and dinged a little bit...

LTN Phobia

Dust cover unfortunately only protects against dust, not liquids, as you've found out. You need a waterproof protective cover for it. Preferably padded to protect against impact damage and scratches.

Actually, if there is liability, your insurers will liaise with BA or their insurers to claim it back. It simply saves you having to do it.

It's an easier way than dealing directly with BA in other words. Leave it to the insurers - that's what you pay them for.
(Note that it is unlikely to be covered by a normal part of travel insurance or household insurance - it is likely to have to be one of the specified items to e covered due to the costs.)

Make sure you take it back to Hermes for cleaning, or get their recommendation on an appropriate place to take it to. Do not use an average leather cleaner (although Jeeves of Belgravia will probably be able to do a good job with it if Hermes don't want to know - they'll give you an assessment of what's feasible).


Checked baggage is a bit of a different matter - I'd hate to have anything that I can't happily get damaged, given the frequency of damage/delays etc. I have only just got my suitcase back after 9 days astray (it wasn't on BA). At least I wasn't hugely attached to anything in it, let alone to the suitcase (which I consider a semi-disposable item and I have over 20 of the critters anyway because I often end up needing to buy one to fit my shopping in, although I'd ask the airline to replace it if they damage it beyond repair. None of them cost me more than £200.). By the way the bag condoms can actually serve to prevent water (or wine! haha) from getting inside the case too. Can be quite useful.

tom139

Thanks. I have already been in contact and have a good relationship with their London flagship so I should be okay to leave it with them. I know they do offer some kind of cleaning service so fingers crossed that's fine.

Dambus

So based on facts above there would been no difference in liability (and BA offer) had this happened in Y rather than F?

Between suits, watches, shoes, laptops, iPads etc. there must be dozens of items on board in multiple cabins every day more costly than the liability limititatons.

tom139

Awkward I have these too! Haha. I do not just use my suitcases for air travel and only use the covers for this purpose. The cover is also there for a degree of anonymity.

LTN Phobia

No difference between cabins under Montreal Convention or conditions of carriage, although the goodwill gesture will probably vary a lot.

I would say it would be normal for most people's luggage+contents (cabin and hand) to exceed the MC limit if it's calculated on the basis of the purchase price. In fact it's probably less likely for people not to exceed it.

Dave Noble

Correct. Maximum liability for baggage is a set amount and is not dependant upon class of service

LondonElite

I guess we see these things a little differently. I prefer my things to have a slight patina of usage rather than appearing spotless and new. A few battle scars make these things far more interesting.

Reminds of summers with friends of ours in Water Mill on Long Island, where we would spend a few weeks every year. In their poolhouse they had a huge stack of Hermes beach towels. Really nice designs and large and comfortable. But season after season of beach and pool use, as well as countless washings and dryings, gave them a very comfortable worn-in look. Some were faded, some had a few holes, but to anyone who cared, they were still recognisable as Hermes towels. I think they were $400 at the time (15 years ago).

crazyanglaisy

Lol, you learn something new every day! People put the bags they use for travel into another bag to protect it from damage during their travels? To my eyes, this is the time to pop into the docs for a healthy dose of common sense and a good kick up the bum!

Oxon Flyer

I don't believe anyone else took that post quite as literally as you did ....