Originally Posted by
gdoubleu
Flight was originating in Australia.
This conversation gets interesting. Indeed with the US, D.O.T. has been busy with issuing fines for the same issue around restricting compensations (Emirates, Lufthansa, Caribbean Airlines...).
In Australia, the Civil Aviation Act 1959 introduces the Montreal Convention as the norm for carrier's liability. How do I find out if Australian carriers are allowed to supersede the Montreal Convention?
Virgin Australia, the second carrier by size in Australia, has a similar provision in its CoC about checked baggage content.
Was the flight originating in Australia and travelling internationally?
If it was an international flight, I am reasonably confident that the airline cannot choose to exempt itself from the terms of the convention
The CoC ( see
http://www.qantas.com/travel/airline...iage/global/en ) does state
Originally Posted by CoC
15. Application of Convention and Laws
International Carriage is governed by the Convention, where applicable, or under applicable laws where the Convention does not apply
which seems to state that it does apply
In 7.4 with the dection regarding valuables, it does have a footnote
Originally Posted by CoC
If you carry items in contravention of these Conditions of Carriage, we will use all available defences against any claim in respect of any damage, loss or destruction of those items.
Since there is no provision in the convention to be exempt from valuables, then I cannot see how it can get away with trying to disclaim for loss. If they were fragile items and had been damaged , that would be one thing, but where the items are just lost, whether fragile or not , the airline was responsible for delivering them
Section 16.4 states
Originally Posted by CoC
(b) International Carriage
◾Where your travel is International Carriage and a Convention applies, our liability for damage to Checked Baggage is limited by the Convention except where you prove that the damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result
◾Our liability for loss of, damage to, or delay in the carriage of, your Baggage is limited by the applicable Convention as follows:
- Montreal Convention 1999 - 1,131 SDRs (about AU$1,735) cumulative for both Checked Baggage and Cabin Baggage. In the case of Checked Baggage, we will not be liable if the Baggage was defective, unless Article 22.5 of the Montreal 1999 Convention applies in which case these limits do not apply. We will only be liable for Cabin Baggage if we were at fault
- Conventions other than the Montreal Convention 1999 - 250 francs (about AU$30) for each kilo of your Checked Baggage affected or 5,000 francs (about AU$600) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply
What type of items is the airline trying to avoid paying out on and what is their total value? Have you close to $2000 in value of other items ?