|
Originally Posted by hopeless99
(Post 26474918)
<snipped>
Since then, we have been calling them several times a day (also checked online where the only information is that the bag hasn't been located yet); nobody so far was able to do anything about the situation, though depending on who you get to talk to they hypothesize that the bag is still in Chicago. When I returned back to the UK where I live, I talked to the AA baggage guy at St Louis again and had a look at their stock, my bag wasn't there. <snipped> ! Isn't that what they tell you when you call the baggage number? |
AA lost baggage - Denied?
Hello ,
I was told to register here to seek some help in regards to a problem with AA. I was flying from AUH-JFK-LAX on a paid F ticket, AA issued the ticket (with AA Flight numbers). My flight from AUH to JFK was delayed (like always). When I finally made it to LAX (which took quite some time), my bag was nowhere to be found. I spoke to the AAgent there and when she looked at my Etihad boarding pass and claim check, she referred me back to Etihad when making the claim. **the etihad claim tag number didnt fit in the AA system, so that was another issue. I filed the paperwork with Etihad and they denied the claim because AA was my final carrier. I went back to AA after this whole mess and filed a claim with them. The AAgent who took the claim called Etihad to verify that I did in fact file a claim with them first. A week had elapsed at that point. Once that was all verified, she filed the claim. Now today, nearly 4 months later, AA denies my claim. They said, in writing!, that we lost your bag but because of the delay filing the claim, theres nothing we can do. The only reason why there was a small delay was I was instructed to file the claim with Etihad. AA even recognized that when I filed with them! So what do I do now? I did send them all my Etihad documents (denied claim, date claim filed). Can I appeal? |
Contact AA CR.
|
How long after the loss was it that you actually managed to lodge the claim with AA?
|
Originally Posted by Dave Noble
(Post 26486379)
How long after the loss was it that you actually managed to lodge the claim with AA?
January 03 was loss. Reported to AA january 10 once Etihad denied claim (which AA acknowledges I was instructed to do). |
I may be misreading and need to check more carefully, but under Article 31 of the Montreal Convention , it would seem that you have 21 days to lodge the claim
Originally Posted by Montreal Convention
Article 31 — Timely Notice of Complaints . . 2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal. |
Thanks for the help. The Montreal Convention is something I will bring up in my next email.
This is the email I received from AA today: Thank you for contacting American Airlines. I apologize for the length of time it took for us to address your email. A thorough search has been conducted for your missing property. Unfortunately, the results have not been positive. In order for our methods to be successful, we must have notification immediately after the loss occurs. The reason for this is because a high percentage of misrouted articles are recovered within the first few days. Since there was an unusual delay in your notifying us of your loss, our ability to recover your property was seriously hampered. We do not feel we can make an adjustment in terms of compensation since we were not given the opportunity to recover your property. Mr. XXXXXX, I realize this isn't the outcome you'd hoped for. If you can think of any other details that may help with a resolution, please submit them to me in writing. I hope you'll give American Airlines another chance to earn your business in the future. Hello, Lets Review a brief summary of facts, in case you forgot 1) When I landed in LAX, I went to locate my baggage. 2) When the Agent could not locate my bag, she began to file a claim. 3) When she asked for the ticket , she said something to the effect of "i cant do anything with this - go to Etihad". Why? I suspect the bag tag number was too long 4) I did what I was told and WENT TO ETIHAD, as she requested. 5) Etihad was perplexed but filed a claim anyway. 6) Etihad denied the claim as you were my final carrier. 7) I called AA to file a claim and AAgent, when FILING THE CLAIM, called Etihad to verify that I filed a claim there. 8) Agent verified that a claim was filed with Etihad and claim was denied as you were my final carrier. 9) Agent took the claim. So yes, there was no delay in filing the claim. I went and did what I was told, by an employee of your company. That was it! When Etihad denied the claim, I IMMEDIATELY contacted American. The same day! this problem would have been avoided if, 1) your employees were more knowledgeable about rules and regulations 2) your employees were more knowledgeable about rules and regulations 3) your employees were more knowledgeable about rules and regulations 4) your employees were more knowledgeable about rules and regulations 5) your employees were more knowledgeable about rules and regulations Now I shall bring up the Montreal Convention once I hear back from this lady. |
Time for Twitter shaming- it's the only thing that worked when they lost my bag.
|
No reason to mess areound with twitter, trying to shame it
the person has asked "any other details that may help with a resolution" ; its liability under the convention seems to be a major detail that will help. I expect that it is hoping that passengers are unaware of their rights Simply respond back that under Article 31 the Monteal Convention, which governs this journey since both the USA and the UAE have been signatiories to it since 4th November 2003, 21 days is permitted to notify the airline of the delay to luggage. Then detail the value of the loss , though allowing that the limit of liability is XDR1131 If it still fails to accept liability, then might need to go to a small claims court |
Okay Here is what I sent
Hello again, Since you haven't responded to my last email , and since my patience is wearing thin at this point, I will like to point this out: Article 31 — Timely Notice of Complaints . . 2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal. As you can see, under Article 31 the Monteal Convention, which governs this particular journey, 21 days is permitted to notify the airline of the delay to luggage. Additionally, since both the USA and the UAE have been signatiories to it since 4th November 2003, this agreement protects my travel on this itinerary. Even if YOU take the delay that your employee caused out of the equation, I still notified AA within the timeframe under such agreement. I expect a swift resolution. |
I would put clearly in the reply, how much you are claiming for
|
OP properly attempted to make his claim to AA upon arrival at LAX and was improperly referred elsewhere. AA's failure to accept the claim on the spot ends the timing issue.
The Montreal Convention protects AA, not OP. It sets the maximum liability, not the amount OP will recover. OP will recover the fair market value of the bag and its contents up to SDR 1131. Fair market value may be a lot less than replacement cost, all depending on what OP lost and its condition. By way of example, a 2-year old $100 shirt isn't worth close to $100. Far better to make a claim on your insurance as that will generally pay up the full loss and quickly. Insurance will deal with AA and you won't be bothered. |
there is nothing in the copnvention about trying to claim - only whether a claim is made. Regardless, the timing is covered under the 21 days
Indeed , XDR1131 is the limit of liability, but value of loss is the most that is due the convention is for benefit of passengers and greatly increases the liaility over the Warsaw convention |
Dave,
Unfortunately I had already sent that email and didnt add the amount I was seeking. The claim representative should be familiar as this issue is a few months old at this point. Hopefully they respond soon so this can get wrapped up. I would hate to go to small claims. |
screw 'em. go to small claims. i did and kicked their backsides. cost them 3-4 times more than simply paying me to begin with.
|
| All times are GMT -6. The time now is 5:15 am. |
This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.