Originally Posted by
travelkid
Thanks for the input. There is clearly room for discussion here, especially as the facts are not carved in stone. But as I have explained above there is a concept in obligatin law called loyalty of contract. This is a fundamental principle on obligation, maybe the most basic legal sentence. If you think that laws/rules need to be written (except in legal theory or case law) you are misguided.
Thanks for educting somebody who is in the real legal business for more than 20 years. Obviously his contract was governed by German law and German law does not require to educate your contractual counterpart on what he has to do to fulfill his contractual obligation. Such education might be called customer service, but not a "basic legal sentence"
Originally Posted by
travelkid
Too heavy? Not proven, just an assumption.
Well, from what we read it was too heavy. I know from my own experience that in 99% of all cases my own hand luggage is too heave. A light Rimova Salsa board case weights 2.8 kg. So 3.2 kg is not an aweful lot and seriously I do not need a scale to identify an American with overweight hand luggage: Our cousins are really specialist in taking half of their household on board of a CJ200. And the OP does not really contest it.
Originally Posted by
travelkid
Uphill battle? Well, at no cost at least. Several of the national boards mentioned in my link have made their statements public on their web sites. Interesting reading, and with all the layman blah blah on this thread/forum on this issue with crystal clear statements, I doubt very many have read any.
Luftfahrtbundesamt is a regulatory body and they might punish an airline. However, they will not help you to enforce your claims. So you need to take the carrier to court and you need to make evidence that your hand luggage was within the allowed specifications. Rules say, you are allowed 6 kg of hand luggage only. So if you want your handluggage transported free of charge, make evidence that it is within the limits. You want something, you need to make evidence. Law school, first year.