derpelikan

I think I am not the only one who gets hit by Lost, delayed , damaged bags etc. etc.
As I couldn’t find a good sticky or guide on FT, I thought I would share my expirience with others and I am asking others to help to post more details in this thread.

A good link to start reading is here
http://www.caa.co.uk/default.aspx?ca...90&pageid=3316




There is since 2004 the Montreal Convention 06(http://en.wikipedia.org/wiki/Montreal_Convention) in place which improves passenger rights and makes the max. compensation amount a fixum of 1000 XDR .

XDR ? Never heard of it?

XDR = Special Drawing Rights , XDR was created to replace GOLD in international transactions.

http://de.wikipedia.org/wiki/XDR (German)
http://en.wikipedia.org/wiki/Special_Drawing_Rights (English)

XDR daily rates

http://www.tis-gdv.de/tis/bedingunge...szr2006.htm#51
http://www.imf.org/external/np/fin/d...portType=CVSDR


1.) Delayed Baggage

A Baggage is delayed if it did not arrive at your destination on time. To be able to claim compensation, your connection times at any airport has to be longer than the MINIMUM Connection time, and the baggage has to be interlined to your final destination.

You have to inform upon arrival and after the last bags did came out the airport staff inside the baggage claim hall ( for example in MUC it is at the end of the baggage claim area , or in NRT or PVG you can just inform any staff who is standing near your baggage claim )

1.1 Who is eliable for payment

If you do not life in the country you are flying to, than you are automatically eliable for compensation payment.

edited --

"If you life in the city where you are flying too and on your way home your baggage gets lost you do not get any compensation.

" This 'rule' is often quoted by airlines, but does not really exist. If you can prove that you actually required the items that were in the baggage, there is no reason why your claim should be handled any differently than if the baggage was lost/delayed on the outbound sector(s).


1.2 How much compensation do we get ?

1.2.1 Immediate Compensation

Most major carriers will pay you 100 USD immediate compensation, this will be paid cash in the local currency to you. The 100USD will later be deducted from the max. 1000 XDR amount if you claim delay compensation later.

LH HONs , (reported from a HON member ) LH HONs get not only 100USD immediate compensation but up to 300 Euro compensation at the airport.
For the immediate compensation you don’t have to sent the receipts of your items you did buy to the airline, as this money is normally used for things like tooth brushed etc. etc.

Some airlines are trying to provide you with and emergency kit.
Its up to the airline if they pay the 100USD immediate compensation to you.


(it is reported that TG, SQ are very stinky in paying any compensation, LH , OS, ANA and other airlines are very fast in compensation payments)



1.2.2 Delay Compensation

If your baggage is delayed you get a max. compensation of 1000 XDR, as the XDR is changing every day, you have to look up how much you will get on a specific date. The date of the paper form you get from the airline in the airport will be used for the XDR calculation. If the day you are flying is an Sunday/ Saturday /holiday, the next working day will be used.

1.2.3 Lost Compensation

Unfortunately the amount of 1000 XDR will be paid for delayed and lost baggage, as a baggage value is normally much more than this you should buy an extra compensation at the checkin counter to extend the insurance amount.

1.2.4 Eliable Items

Items you need for your living

i.e Clothes, huts , shavers, cosmetics etc. etc.

NON-eliable Items

 Jewels, Gold , Silver etc.
 Electronic articles ( computers , pdas, cameras, phones )
 sport items ( golf bags etc.) ,
 Credit Cards, Passports etc.

Here is a copy of LHs policy, i am sure that other carriers have similar policies.

* Fragile objects, meaning objects whose main element is by nature fragile, and sensitive objects in inappropriate packaging
* Perishable goods, if their perishable nature caused the damage. Liability is also excluded if due to delayed baggage delivery food must be destroyed for hygienic reasons or has gone bad when it arrives
* Cash, cheques, jewellery, precious metal, antiques
* Documents, such as business papers, passports, ID cards, data carriers such as floppy disks, CDs, DVDs, USB sticks, etc.
* In the case of total loss of patterns, data carriers and merchandise, liability is based only on the material and goods value. The resale value or loss of business deals are excluded from liability
* Laptops and PCs are entirely excluded from liability

http://www.lufthansa.com/online/port...nodeid=1769658



Damage caused by fragile objects in checked-in baggage is also excluded from liability.



2. How to claim Compensation

After your baggage is delayed , it is recoomendet wait some hours and than start shopping.
Normally the airline can tell you after 1-2 hours when your baggage will arrive.
You can start immidately as you always can argue that you needet the things immediately as you had an reason , meeting , wedding whatever in which you needet an specific item. You do not have to wait 24 hours, you can shop already in the airport if needet. Most airlines will only pay you half the amount of your shopping receipts.
i.e if you shop for 2000 XDR, you will get only 1000 XDR from the airline. You have to pay the rest, but in this case you do not have to sent the items to the airline, they are yours.

If you shop for 1000 XDR , you can sent the items to the airline and get the compensation of the full 1000 XDR you did spent, but this is not always working so you might want to get this in written from your airline.

You have inform the airline within 14days that you bought some items, the best is to sent all receipts via FAX to the airline. After that call or ask the airline to confirm that they did receive your letter and the copy of the receipts, if they don’t receive it, they don’t have to pay anything. Normally you get a claim number from the airline and you can easily call the airline and ask about the status of your claim.

! ATTENTION,

airline often ask for the original receipts . these are not always required. some passenger try to claim compensation not only with one airline , but with two airlines ore more. for this reason, the airlines tell you that you need to sent in the originals. but there is another way, normally you can get a letter from the airline which you have to sign, in this letter you are confirming that you did not, and you will not make the same claim with another airline .
if you have an privated insurance, these insurances are requesting the original receipts too, so you can tell the airline that you need the receipts as your insurance is paying you the rest of the money .
the airline will than sent you and letter you have to sign this and fax it back.

Often the orgiinal receipts will be kept by the TAX free companies! in this case, always make a copy in the hotel you stay before your departure . keep a copy of the tax refund formular and sent these documents via FAX to the airline , as you dont have the originals the airline will in this case accept your claim without originals if you can prove that you dont have them anymore.

(amex centurion and amex platinum member )
You first claim the 1000 XDR with the airline, and amex will pay you the rest of the amount up to their maximum amount for the items you bought.
you have to pay your whole trip with amex to get the money from amex, so this is a bit difficult if you flying on award / paid tickets etc.


For the rest I am not so informed , if anybody can help me here to complete just post a reply and I will than copy past it in this thread.

Thanks

4.) Stolen items

5.) Damaged Bags





Disclaimer: This is not legal advice and no liability is accepted for the summary info provided here. For legal advice in this complex area of law, please consult your own legal counsel.