Delayed Baggage Compensation

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Old Oct 12, 17, 3:25 pm
  #1
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Angry Delayed Baggage Compensation

Some background. I just flew Air NZ Business from BNE via AKL to LAX and then onto SFO with Delta.

When I landed in LAX, after waiting for almost an hour, an Air NZ rep came up to me and said my name and asked if I was that person. I said yes, and they told me my bags had not been loaded back at BNE or AKL.

They told me to see baggage, which I did, but when she heard I was going onto SFO (I told her different ticket, not connecting etc and I had to recheck in) she still said to make the claim in SFO.

I landed in SFO and walked around to the International Terminal where the Air NZ baggage was not open. I Called Air NZ and got the run around for not lodging in LAX.

Getting frustrated at this point, but was told my bags would get to SFO within 24 hours.

2 days later, still no bags.

So many calls, and Air NZ saying they had tried contacting me but they weren't able to call an Australian mobile phone or were having issues etc.

Then on two occasions, I was told by them I was entitled to $100 as an economy passenger, or $150 as I was traveling business to buy essentials.

I questioned this and told them that I believe I was entitled under the Montreal Agreement to 1000 SDR, or around $1400 USD as of that day for bags that had been delayed.

They eventually arrived into SFO in the early hours of the morning and was told I could go and pick them up myself, or wait 12 hours for a courier.

I submitted my claim and they apologised for only offering $150 as I was correct about the Montreal Agreement.

But, my claim for $400 US (all receipts given and itemised) which only included PJ's, socks/jocks/pants/belt/shirt (was harder as I Was staying onsite a golf course so dress regulations were strict) has come back as Air NZ asking me to sign indemnity limiting them to 75% as I would have continual use of the items.

Has anyone heard of only getting 75% due to the fact you can use the items after? So if I only bought disposable items I would be entitled to 100%?

I Fly with Air NZ so often and love them normally, but I am disgusted by them as on so many occasions they have tried getting out of paying my basic compensation for the fact it took them 3 days to get my luggage to me.

I assume I shouldn't accept the 75%?
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Old Oct 12, 17, 4:29 pm
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Originally Posted by thehaloboy View Post
But, my claim for $400 US (all receipts given and itemised) which only included PJ's, socks/jocks/pants/belt/shirt (was harder as I Was staying onsite a golf course so dress regulations were strict) has come back as Air NZ asking me to sign indemnity limiting them to 75% as I would have continual use of the items.

Has anyone heard of only getting 75% due to the fact you can use the items after? So if I only bought disposable items I would be entitled to 100%?

I assume I shouldn't accept the 75%?
Surely any items purchased would have 'continual use' in the future. I smell a rat.
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Old Oct 12, 17, 4:39 pm
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In situations like this I have always claimed on travel insurance and never been offered or taken compensation from the airline.
Travel insurance have paid 100% of my claims (no excess policy).
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Old Oct 12, 17, 4:57 pm
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Originally Posted by thehaloboy View Post
..But, my claim for $400 US (all receipts given and itemised) which only included PJ's, socks/jocks/pants/belt/shirt (was harder as I was staying on site a golf course so dress regulations were strict) has come back as Air NZ asking me to sign indemnity limiting them to 75% as I would have continual use of the items...
Make an offer to give them all back to Air NZ (unwashed) and tell them you want 100%
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Old Oct 12, 17, 5:08 pm
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So Air NZ are offering you 75% of US$1400 and you're demanding another US$400 on top of that?

If so it seems you'd be doing very well out of that deal. The Montreal Convertion is there to reimburse you for losses and is a maximum, not an entitlement.

​​​​​​
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Old Oct 13, 17, 2:56 am
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Originally Posted by sbiddle View Post
So Air NZ are offering you 75% of US$1400 and you're demanding another US$400 on top of that?

If so it seems you'd be doing very well out of that deal. The Montreal Convertion is there to reimburse you for losses and is a maximum, not an entitlement.

​​​​​​
No, they are offering me 75% of the $400 I spent. The Montreal Convention states that the airline has a maximum outlay of $1400. I am claiming nowhere near that. I simply want to be reimbursed for what I had to spend for their mistake.

I could claim travel insurance, but they will only cover what the airline wont, and there is a $200 excess on insurance so I would be worse off.

The Travel Insurance company said if I had to spend more than the $1400 the airline should cover, they will cover $500 more than that, but with a $200 excess.
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Old Oct 13, 17, 3:03 am
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Sounds like OP is being offered 75% of $400 actual costs (but the airline would be liable for up to $1400).
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Old Oct 13, 17, 3:16 am
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Originally Posted by codyc1515 View Post
Sounds like OP is being offered 75% of $400 actual costs (but the airline would be liable for up to $1400).
Correct. I am just trying to work out if offering 75% is normal?

Numerous times when I called Air NZ I was told $100 for Econ and $150 for Business was their maximum payment. It was only once I told them I knew of the Convention and their limit did their tune change. And now, 75% because I will use the items in the future is stupid. I didnt need any more underwear or socks, pants and shirts. To be honest, they are not great gear anyway and I am unlikely to use them again, but I had nothing!!!
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Old Oct 13, 17, 4:11 pm
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Your options seem to be either accept the 75%, return the stuff you bought to Air NZ and then request 100% or go to court (which isn't really worth doing for $100).
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Old Oct 13, 17, 4:12 pm
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Originally Posted by Trumpkin View Post
Your options seem to be either accept the 75%, return the stuff you bought to Air NZ and then request 100% or go to court (which isn't really worth doing for $100).
I have offered to return all items as I truly don't need any of them. Waiting to hear back from them.
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Old Oct 13, 17, 11:59 pm
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The exact reason I always fly with a carry on with 2 x Socks, underwear, a shirt, pants, tee shirt, shorts, spare razor and liquids as per requirements . . . a savvy traveller would do that. I personally would want to get on with my Holiday or work program with out having to be on the phone to airlines, insurance companies when the was much fun or business to be had.
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Old Oct 14, 17, 5:13 am
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Originally Posted by kiwicyclo View Post
The exact reason I always fly with a carry on with 2 x Socks, underwear, a shirt, pants, tee shirt, shorts, spare razor and liquids as per requirements . . . a savvy traveller would do that. I personally would want to get on with my Holiday or work program with out having to be on the phone to airlines, insurance companies when the was much fun or business to be had.
Not sure if that was a dig at not being a savvy traveller or not Kiwicyclo, but in this case, I had 15kg of drones in my carry on for the job over there and this didn't leave room for all the things I ended up needing in the 3 days it took them to get my bags to me. Especially since we were filming a golf course, it meant I needed specific attire to be worn at the course. Not the kind of attire I typically wear while flying either

Sometimes you just dont have the option of taking 3 days worth of toiletries and clothes onboard with you. I was smart enough as always to split my clothes across both checked in items in case one got lost, but having both gone for a few days thwarted that plan.

Air NZ has just gotten back to me in the last 3 hours and have said they are sticking with their 75% offer and will not take the items back.
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Old Oct 14, 17, 5:19 am
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That's poor by NZ (IMHO). I suggest you stick to your guns. Worst case, take them to the Disputes Tribunal. It's super cheap and there are no lawyers. Best. ASR, you win and get a full reimbursement. Worst case, you make someone from NZ turn up and try to explain why you should be left out of pocket after their mistake. If you go this route, take the items with you so you can offer them up (again). I suspect the DT Referee will like the theatre of it.
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Old Oct 14, 17, 5:25 am
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Originally Posted by gratn View Post
That's poor by NZ (IMHO). I suggest you stick to your guns. Worst case, take them to the Disputes Tribunal. It's super cheap and there are no lawyers. Best. ASR, you win and get a full reimbursement. Worst case, you make someone from NZ turn up and try to explain why you should be left out of pocket after their mistake. If you go this route, take the items with you so you can offer them up (again). I suspect the DT Referee will like the theatre of it.
Just trying to work out how to move this to the next option and who to go and see. I don't really care about the money, but the fact they tried numerous times to circumvent the convention they signed up for, offering me much less that I know I am entitled to and encouraged me to sign release and indemnity form to stop me from being able to get a full refund, has left a really foul taste in my mouth. I am a massive Air NZ fan until this. I fly Business Premiere to LA from BNE multiple times a year (since they stopped their alliance with Virgin Australia this month, this was going to be my last flight with them anyway).

Anyway, if anyone has contact details of who to contact next, I would be most appreciative.
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Old Oct 14, 17, 6:07 am
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www.disputestribunal.govt.nz

i dony know if you can use this from Australia, but I don't see why not as you are complaining about an NZ company. How did you book?
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