mcooper7290

Last month my wife flew MNL-HKG-SFO all on CX in J (booked using AA miles). Upon arrival in SFO 1 of 2 checked bags was missing. She filed a report immediately. Ok, CX made her wait 2hr before the would file a claim just to make sure the bag didn't show up late.

After about a week of communication the bag is "found" and returned to us. Unfortunately most of the contents where missing. We notified CX at SFO immediately. They have has fill out a new form including details of the missing items. The items are almost all clothes. The value we estimated conservatively at $2-3k. We submitted an itemized list with estimated prices based on memory and what we see in the stores now. CX asked for receipts. We told we don't have any. Who do you know that keeps receipts for all the clothing you bought for the last 2 years?

CX finally came back and offered us 50% of max liability (USD1582) which is $791. They said "we are unable to assess the claim" because we didn't give them receipts. They are offering the $791 as "a form of goodwill on a without admission to liability basis".

Neither my wife nor I have ever had items stolen from checked bags in all the years we've been flying. We're not trying to scam anybody here.

Any advice on this type of situation would be most appreciated.

KrazyTrain18

I don't believe that airlines should be accountable for baggage thats either lost or stolen. Ground handling services handle and are responsible for the movement and loading of the bags from the moment its placed on the belt at check-in to it getting loaded onto the plane. Obviously the airlines have the responsibility to monitor this process and ensure that their customers bags are accounted for, but they can't control either a third party handler from either losing the bag or removing contents from the bag. In the event of unaccounted for items, its very difficult for the airlines to simply give the customer the benefit of the doubt when it comes to value as many people would take advantage of that scenario and fudge the value on the claim. About the only thing you can do is attempt to find some of the receipts.

LHR/MEL/Europe FF

That may be your opinion but it is not supported by the law.

Airlines accept responsibility for items placed in their care (with some exceptions, for example fragile items).

percysmith

Something like this http://www.airpassengerrights.eu/en/...d-luggage.html . Yes OP can claim (the rights are under Montreal and not under EU-specific legislation).

What's in the bag is the question - amount is capped by what I can persuade a small claims court is usually in my bag for a trip of that length. Then the clothes have to be depreciated - CX isn't liable to replace a whole new wardrobe (if CX can buy the wardrobe equivalent of a refurbished phone it can).

Often1

Despite what some may believe as a matter of opinion, the Montreal Convention is very clear. CX is (and has accepted responsibility) up to approximately US$1,550 for the bag and its contents as a condition of being granted landing rights in the US. If CX wants to pursue some ground handler somewhere, it is free to do so.

But, that is for the fair market value of the lost items today. If you bought a shirt for $100 a year ago and have worn it 10 times, it is not worth $100 today. It sounds as though CX has gone through and given a rough estimate based on your recollection. If you estimate a $2-3K, that is a huge gap.

What about at least going back through CC statements so that you can come up with dates of purchase and more accurate amounts? Would that change fair market value?

You could try your travel insurance, but may run into the same problem. At least it's worth taking a look.

ashsong

This is a very scary story. I never locked my check-in luggage.

I think they need to provide you more details on why it was discovered few days later. What did they do.

kaka

i dont know about the others, but hsbc hk never discounted my claims on used stuff.

percysmith

I went thru the Hang Seng/QBE policy this week. It has full comp option for lost/stolen. But I think that is a promotional feature of the policy and not the norm.

Often1

You may well have a policy which provides for "full replacement value". That is, of course, your choice.

Just like many other features of all manner of insurance, it is well worth reading the policy terms (not merely the promotional materials).

KrazyTrain18

I'm fully aware of the Montreal convention and that CX is legally responsible, my post was simply my opinion on the situation rather than factual. I should've worded it better or possibly not posted it at all, thanks guys!

mcooper7290

I appreciate everyone's comments. It's always nice to get a wide perspective on something like this.

I've gotten nowhere with the local SFO baggage office. They won't budge on their 50% offer.

Does anybody know the email addresses of any execs at CX corporate that I could reach-out to? If so, please PM me. That's really my last move I think before I have to start the legal process rolling. I hate going that route due to the time involved, but I don't see any other choice.

traveler18

While not against CX I have had good results after filing small claim court cases for lost or damaged luggage, either by settlement or because the airline lost. But it has been a while. Did you take any pictures on your trip (since this was a return) that may show lost items? Do you have any receipts of any item - even if recent, that would demonstrated the type of clothing you typically purchase?

At the end - it depends what you can persuade the court to be the value.

It is not difficult to file in California - lots of info on the court web site. Bring as much evidence to the trial as possible, be concise, truthful - you may be able to persuade the court.

garykung

In this case, OP's wife has no other recourse unless she can produce the receipts involved.

1. CX has no way to know if its content was really worth $2-3K without receipts. In approving the claim, OP simply ask CX to pay out 1131 SDR without asking.

2. Unless new, resale value of used clothing is generally low, which a thief would have known that.

mcooper7290

Does anyone know if I can file in small claims in my home county (Santa Clara) or do I have to file in the county where the airport (SFO) is located (San Mateo)?

garykung

It is a little bit complicated.

1. Superior Court for Santa Clara County has no jurisdiction to your claim. So you can't file at there. However, IME, many corporation defendants do not usually contest jurisdiction (as the cases are mostly settled before the hearing). So if you don't mind refiling (and re-paying) if contested, you could file at there.

2. Superior Court for City and County of San Francisco has exercised jurisdiction over the airport and has jurisdiction to your claim, as:

a. SFO is legally located in San Francisco.
b. CX's USA Office is in Downtown San Francisco.

3. Majority of SFO-related cases are filed with Superior Court for San Mateo County, as SFO is geographically located as an unincorporated area of San Mateo County.

Bottom line - your pick.