FlyerTalk Forums - View Single Post - The Ultimate Baggage Lost / Delayed / Stolen / Damaged Thread
Old Jan 22, 2010 | 12:25 pm
  #69  
KVS
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Originally Posted by salvadors
From what I've read here, LH policy is that I can claim up to 1000XDR, but other than underwear and toiletries, everything else is only reimbursed at 50%?
No, the 50% is a myth. The carrier is liable for the entire cost (100%) up to the 1000 XDR limit.

Originally Posted by salvadors
In a case like this where the luggage is still delayed, but presumably becoming increasingly unlikely to ever be found, how many things can I replace when? For example, I had 5 shirts in my luggage - I could probably make do with 2 in the short term if my luggage is going to turn up, so do I have to wait for them to eventually declare it completely lost before replacing all of them?
You can purchase all the replacement items you require the moment your luggage does not arrive.

Originally Posted by salvadors
Also, how connected do the items I'm claiming for need to be to what was in my luggage? It would be almost impossible to get exact replacements for most of the contents, and I don't really know how much a lot of the things originally cost me (thankfully LH don't seem to want original receipts, just for the replacements) so is any reasonably priced shirt an acceptable replacement?
Yes.

Originally Posted by salvadors
And on electronic equipments, does their non-coverage extend to things like chargers and adaptors? I never check in things like laptops and cameras themselves, but various accessories were there and now I've lost, for example, the recharger for my Japanese camera, which is non-trivial to replace.
The "non-coverage" is yet another airline myth, as it is inconsistent with the Montreal/Warsaw Conventions.

From http://airconsumer.dot.gov/rules/webnotice_04012009.pdf
"We have become aware of tariff provisions filed by several carriers that attempt, with respect to checked baggage, to exclude certain items, generally high-cost or fragile items such as electronics, cameras, jewelry or antiques, from liability for damage, delay, loss or theft. A typical provision found in carrier tariffs and disclosed on carrier Web sites states that the carrier does not assume liability for loss, damage, or delay of ‘‘certain specific items, including: * * * antiques, documents, electronic equipment, film, jewelry, keys, manuscripts, medication, money, paintings, photographs * * *.’’ Such exclusions, while not prohibited in domestic contracts of carriage, are in contravention of Article 17 of the Montreal Convention (Convention), as revised on May 28, 1999. Article 17 provides that carriers are liable for damaged or lost baggage if the ‘‘destruction, loss or damage’’ occurred while the checked baggage was within the custody of the carrier, except to the extent that the damage ‘‘resulted from the inherent defect, quality or vice of the baggage.’’ Article 19 provides that a carrier is liable for damage caused by delay in the carriage of baggage, except to the extent that it proves that it took all reasonable measures to prevent the damage or that it was impossible to take such measures. Although carriers may wish to have tariff terms that prohibit passengers from including certain items in checked baggage, once a carrier accepts checked baggage, whatever is contained in the checked baggage is protected, subject to the terms of the Convention, up to the limit of 1000 SDRs (Convention, Article 22, para. 2.). Carriers should review their filed tariffs on this matter and modify their tariffs and their baggage claim policies, if necessary, to conform to the terms of the Convention. In addition, carriers should ensure that their websites do not contain improper information regarding baggage liability exclusions applicable to international service."
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