Legal action against Air France
#1
Original Poster
Join Date: May 2013
Programs: 9W Plat, UK Plat, AI Silver, HH Diamond, Hyatt Platinum, Taj IC Silver
Posts: 383
Legal action against Air France
Air France is supposed to compensate me for the baggage delay which happened in Jan 2015. Any suggestions what would be the right course of action?
I also posted this in AF section on flyertalk but I guess most of the people there won't have any idea about the legal process in India, so asking the query here as well. I emailed DGCA but received any response.
FYI, my travel was from CDG to MUC.
Thanks
-R
I also posted this in AF section on flyertalk but I guess most of the people there won't have any idea about the legal process in India, so asking the query here as well. I emailed DGCA but received any response.
FYI, my travel was from CDG to MUC.
Thanks
-R
#2
FlyerTalk Evangelist
Join Date: Apr 2009
Location: India
Programs: Bonvoy Lifetime Titanium, IHG Plat, HH Gold, Trident Plat, DL Diamond, AI Maharajah
Posts: 29,649
air france is terrible in this regard....they have delayed my bags on 3 separate occasions this year....each time the bag was delivered to me a day later but on one occasion the bag was badly damaged & there were items missing when they delivered it to me....they replaced the bag since it was beyond repair but did not compensate me for the missing items....they said that since i did not have receipts to prove what was missing therefore they couldn't do anything....
#4
Original Poster
Join Date: May 2013
Programs: 9W Plat, UK Plat, AI Silver, HH Diamond, Hyatt Platinum, Taj IC Silver
Posts: 383
Forgot to mention, my flight originated from Mumbai, and the onward connection was from Paris to Munich, so I am assuming that it will come under purview of DGCA or Indian legal system.
Being based in India, I of course cannot go and file a case in Europe. In any case, this is an open question for which I am seeking advice from FT community. Will welcome suggestions if any.
Being based in India, I of course cannot go and file a case in Europe. In any case, this is an open question for which I am seeking advice from FT community. Will welcome suggestions if any.
#6
Original Poster
Join Date: May 2013
Programs: 9W Plat, UK Plat, AI Silver, HH Diamond, Hyatt Platinum, Taj IC Silver
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Why should the scale matter? And what is your definition of scale - anything more than one underwear?
Nevertheless, in my case, it was a 25 day trip with all my winter clothes (for the sub zero temp in Alps), hiking boots, and the formal attire given that I was on an official trip. While I did not consider the baggage delay as an opportunity to revamp my wardrobe, I still had to spend almost 300 euros and it is by no means a sum I can let go of.
Nevertheless, in my case, it was a 25 day trip with all my winter clothes (for the sub zero temp in Alps), hiking boots, and the formal attire given that I was on an official trip. While I did not consider the baggage delay as an opportunity to revamp my wardrobe, I still had to spend almost 300 euros and it is by no means a sum I can let go of.
#8
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Join Date: Aug 2010
Location: DCA
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Posts: 50,262
That is a different issue. You reported a delay, not damage.
You are going to have a hard time seeking action in India for damage to your property on a foreign carrier which you acknowledge happened between Germany and France, even if your ticket originated in India. But, you can try.
Your most likely route of success will be through your travel insurance. They will pay you and fight with AF.
As to actual amounts, you will be limited to the fair market value of your items. Thus, a shirt costing INR 200 new, isn't worth that much after being worn 5 times.
AF will grind you down and eventually likely settle for something if you keep pursuing this.
You are going to have a hard time seeking action in India for damage to your property on a foreign carrier which you acknowledge happened between Germany and France, even if your ticket originated in India. But, you can try.
Your most likely route of success will be through your travel insurance. They will pay you and fight with AF.
As to actual amounts, you will be limited to the fair market value of your items. Thus, a shirt costing INR 200 new, isn't worth that much after being worn 5 times.
AF will grind you down and eventually likely settle for something if you keep pursuing this.
#11
Join Date: Jul 2014
Programs: O6 GOLD, SPG GOLD
Posts: 122
That is a different issue. You reported a delay, not damage.
You are going to have a hard time seeking action in India for damage to your property on a foreign carrier which you acknowledge happened between Germany and France, even if your ticket originated in India. But, you can try.
Your most likely route of success will be through your travel insurance. They will pay you and fight with AF.
As to actual amounts, you will be limited to the fair market value of your items. Thus, a shirt costing INR 200 new, isn't worth that much after being worn 5 times.
AF will grind you down and eventually likely settle for something if you keep pursuing this.
You are going to have a hard time seeking action in India for damage to your property on a foreign carrier which you acknowledge happened between Germany and France, even if your ticket originated in India. But, you can try.
Your most likely route of success will be through your travel insurance. They will pay you and fight with AF.
As to actual amounts, you will be limited to the fair market value of your items. Thus, a shirt costing INR 200 new, isn't worth that much after being worn 5 times.
AF will grind you down and eventually likely settle for something if you keep pursuing this.
#12
Moderator: Lufthansa Miles & More, India based airlines, India, External Miles & Points Resources
Join Date: Dec 2002
Location: MUC
Programs: LH SEN
Posts: 48,123
Airlines usually refund the cost of goods purchased due to the delay in delivery. They have liability insurance for that. Documented damage to the bag is also covered and there are clear procedures for that.
#13
Original Poster
Join Date: May 2013
Programs: 9W Plat, UK Plat, AI Silver, HH Diamond, Hyatt Platinum, Taj IC Silver
Posts: 383
Here's an update:
AF suddenly woke up and decided to reimburse for the purchases made during the time my bag missing.
They did not explicitly refuse to compensate for missing items but the amount (INR 21,500 versus 17,000 which was earlier offered) suggests it is only for "necessary purchases". Too frustrated with the back and forth since last 8 months, I accepted the amount.
Asked me send bills for old and new bags to Mumbai office which I did almost 2 weeks back, yet to get a response.
Moral of the story - Never fly AF again. While I understand baggage delays happen all the time, the way AF has handled the matter with vague responses which sometimes took months to reach me, seems this airlines needs serious overhaul of its processes and training for customer service reps. And all this when I flew J - I guess I would have still been fighting with them if I had traveled in coach.
AF suddenly woke up and decided to reimburse for the purchases made during the time my bag missing.
They did not explicitly refuse to compensate for missing items but the amount (INR 21,500 versus 17,000 which was earlier offered) suggests it is only for "necessary purchases". Too frustrated with the back and forth since last 8 months, I accepted the amount.
Asked me send bills for old and new bags to Mumbai office which I did almost 2 weeks back, yet to get a response.
Moral of the story - Never fly AF again. While I understand baggage delays happen all the time, the way AF has handled the matter with vague responses which sometimes took months to reach me, seems this airlines needs serious overhaul of its processes and training for customer service reps. And all this when I flew J - I guess I would have still been fighting with them if I had traveled in coach.