Liability for items damaged by Cabin Crew
#151
Join Date: Jun 2004
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I don't want to pass judgement, but these type of incidents make travel insurance that much more valuable. Not sure how it is in other countries, but I pay a standard €7 per month that covers all sorts of incidents to a high maximum amount. I once went scuba diving with an expensive watch, when I came to the surface it was filled with sea water. My insurance paid for the repairs (several hundred euro). The best part is: the incident didn't ruin my holiday, because I knew insurance would probably cover the expenses, so I shrugged, and just got on with having fun. That is the most valuable part of insurance.
#152
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I don't want to pass judgement, but these type of incidents make travel insurance that much more valuable. Not sure how it is in other countries, but I pay a standard €7 per month that covers all sorts of incidents to a high maximum amount. I once went scuba diving with an expensive watch, when I came to the surface it was filled with sea water. My insurance paid for the repairs (several hundred euro). The best part is: the incident didn't ruin my holiday, because I knew insurance would probably cover the expenses, so I shrugged, and just got on with having fun. That is the most valuable part of insurance.
#153
Join Date: Sep 2009
Posts: 2,833
Scuba diving with an expensive watch makes about as much sense as taking a Hermes bag onto an airplane. Travel insurance coverage for irresponsible acts simply shifts the loss onto everyone who buys insurance for legitimate unforeseen events.
#154
Moderator: British Airways Executive Club
Join Date: Jan 2009
Programs: Battleaxe Alliance
Posts: 22,127
Another thing is that it is unlikely that anything like a £8,000 bag would be covered by a standard insurance policy without paying a (substantial) extra premium for a specified item anyway, so anyone who successfully claims for it is unlikely to have just a 'normal' policy.
Of course, scuba diving with an expensive watch (what constitute 'expensive' I guess is open to interpretation) that is NOT waterproof to the particular depth would not be covered, but if it is waterproof to sufficient depth and it leaks and it is covered by insurance (or even warranty), then "why not claim it" is my view. It saves me having to deal with the company myself.
Our annual travel insurance policies cost us about £600 (for two persons, and they are extensive [and expensive!] policies that cover some 'high risk' sport activities as well and for 90 days at a time whereas standard policies are often for 30 days) and I certainly would claim on it even if BA had been at fault for instance, unless it's a straight-forward claim that I know BA will just deal with it. When BA broke my suitcase I didn't claim on it because I knew BA would deal with it fairly from past experiences, and saved me filling out the stupid insurance paperwork, so I dealt with them directly, however.
Last edited by LTN Phobia; Jul 24, 2017 at 12:55 am
#155
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Join Date: Feb 2006
Location: UK
Programs: MUCCI, British Airways Executive Club Gold
Posts: 1,795
Just to update you that BA have paid in full up to their liability. This includes replacing some damaged items and the cleaning cost of the bag. Hopefully this will work.
To give BA credit, once uploading a report from Hermès and associated receipts, they have been quick at authorising payment.
To give BA credit, once uploading a report from Hermès and associated receipts, they have been quick at authorising payment.
#156
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Join Date: Jan 2002
Posts: 44,605
Travel insurance companies set limits on items - it is perfectly sensible to choose an insurance whose coverage levels meet ones needs
Scuba diving is a a legitimate activity to buy insurance for
#157
Join Date: Jan 2017
Programs: BAEC Gold
Posts: 39
Tom139: I'm glad BA paid up and hope the cleaning is effective.
#158
Join Date: Jul 2017
Programs: BA, SW, IAG
Posts: 143
I'm just making sure MrsNWIFlyer never, ever sees this thread ... .
This might, however, explain why the man in the luggage room rather looked down on my £55 Samsonite carry-on when last I left it there when in the F lounge ... I've felt at times reading this thread that I live in a parallel universe to many .
This might, however, explain why the man in the luggage room rather looked down on my £55 Samsonite carry-on when last I left it there when in the F lounge ... I've felt at times reading this thread that I live in a parallel universe to many .
I could buy a flash new car, or a hermes bag. But would be afraid to drive one, and use the other lol. I just bought a new car, but it was 2 years old lol.
#159
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Last edited by Calchas; Jul 24, 2017 at 5:36 am
#160
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Article 22. 5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.
Also many airlines would attempt to contract out their liability (indeed, many still claim to do so).
Finally on interline journeys, one airline could blame another airline, and without a direct contract between you and the operating airline, all carriers involved might escape liability.
So we had a quid pro quo. Both the first and last carriers are strictly liable to the passenger for damage and loss, whether it is their fault or not. The airline cannot contract away its liability; it is fixed. The passenger may sue the airline where he purchased the ticket, at the airline's headquarters, or at his destination, whichever is most convenient for him. But the liability is limited. So there is some certainty for both the consumer and the airline.
See https://www.icao.int/secretariat/Pos..._liability.htm for a history [Comic Sans trigger warning!]
Last edited by Calchas; Jul 24, 2017 at 7:18 am
#161
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Also, the insurer may well go after the third party in question after paying you out. Part of the premium you pay covers that.
#162
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#163
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The insurance I have asks for details of claims made in last 3 years, when a claim is made