Liability for items damaged by Cabin Crew
Jul 11, 2017, 4:38 pm
#91
Join Date: May 2013
Posts: 6,349
I would have thought MCOL was a compete waste of time and money tbh.
Jul 11, 2017, 4:38 pm
#92
Join Date: Jun 2008
Location: Northern Nevada
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Jul 11, 2017, 4:43 pm
#93
Join Date: Dec 2009
Location: London
Programs: BA LTGold; LH Senator; HHGold; Bonvoy Plat
Posts: 1,370
Without opinion on the act of travelling with such items:
I am led to understand that the usual solution to travel with a Hermes bag is to buy a Longchamps bag to put the Hermes bag in for travel, then fold the Longchamps bag and put it in its transport pouch in the Hermes bag when one wishes to display the Hermes.
I am led to understand that the usual solution to travel with a Hermes bag is to buy a Longchamps bag to put the Hermes bag in for travel, then fold the Longchamps bag and put it in its transport pouch in the Hermes bag when one wishes to display the Hermes.
Honestly.
Jul 11, 2017, 5:11 pm
#94
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A crew member trying to offer me a drink on the UD after boarding nearly deposited it over my bag (Briggs and Riley) when barged into by a passenger. Crew did a fantastic job of hanging on to the glass in one hand and the tray with the empties in the other. Sadly the excellent Briggs and Riley lifetime warranty doesn't cover cleaning or cosmetic wear so that wouldn't have been much use. I hope the bag in question is cleanable.
Jul 11, 2017, 5:40 pm
#95
Join Date: Feb 2008
Location: In the air
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So of several hundred thousand, how many could be found at one point in the First Class cabin on the way to Moscow, Dubai, LA, Beijing or Hong Kong, for example? I'd wager a decent number.
A lot of replies seem to be suggesting that the OP was simply wrong to invest the cost of a single First Class flight on a bag which might have been expected to last 20 years. That seems a bit judgmental to me.
Jul 11, 2017, 6:22 pm
#96
Join Date: Dec 2009
Location: Arizona
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I understand that the Montreal Convention covers loss when a bag is lost or its contents are lost and the cause is unknown, but I did not think it circumvented liability for an act that happened like this where the cabin crew member is at fault. What if the cabin member deliberately spilled the drinks on the bag? (I'm not saying they did in this case, just raising a hypothetical)
It is odd to me that in the other thread where the passenger was late for a flight due to a weather induced, single car accident, that many argued that it was the passenger's fault for being late, but here where the accident is the fault of the cabin crew member under such logic, that either the cabin crew memeber or their employer are not responsible for said damage. (Not that I'm suggesting suing the cabin crew member, just that it would be a logical recourse if the accident was say someone's car damaging my car and the person who caused the accident did not have insurance). In this case I would have thought that BA's liability insurance would cover the damage and that the Montreal Convention would not apply. But perhaps both UK law and airline regulations make this scenario much different than what would happen if say this happened in a restaurant in the US?
It is odd to me that in the other thread where the passenger was late for a flight due to a weather induced, single car accident, that many argued that it was the passenger's fault for being late, but here where the accident is the fault of the cabin crew member under such logic, that either the cabin crew memeber or their employer are not responsible for said damage. (Not that I'm suggesting suing the cabin crew member, just that it would be a logical recourse if the accident was say someone's car damaging my car and the person who caused the accident did not have insurance). In this case I would have thought that BA's liability insurance would cover the damage and that the Montreal Convention would not apply. But perhaps both UK law and airline regulations make this scenario much different than what would happen if say this happened in a restaurant in the US?
Jul 11, 2017, 6:27 pm
#97
Join Date: May 2013
Posts: 6,349
Of course that doesn't mean BA should accept the risks though.
Jul 11, 2017, 6:58 pm
#98
Join Date: May 2013
Posts: 6,349
I understand that the Montreal Convention covers loss when a bag is lost or its contents are lost and the cause is unknown, but I did not think it circumvented liability for an act that happened like this where the cabin crew member is at fault. What if the cabin member deliberately spilled the drinks on the bag? (I'm not saying they did in this case, just raising a hypothetical)
It is odd to me that in the other thread where the passenger was late for a flight due to a weather induced, single car accident, that many argued that it was the passenger's fault for being late, but here where the accident is the fault of the cabin crew member under such logic, that either the cabin crew memeber or their employer are not responsible for said damage. (Not that I'm suggesting suing the cabin crew member, just that it would be a logical recourse if the accident was say someone's car damaging my car and the person who caused the accident did not have insurance). In this case I would have thought that BA's liability insurance would cover the damage and that the Montreal Convention would not apply. But perhaps both UK law and airline regulations make this scenario much different than what would happen if say this happened in a restaurant in the US?
It is odd to me that in the other thread where the passenger was late for a flight due to a weather induced, single car accident, that many argued that it was the passenger's fault for being late, but here where the accident is the fault of the cabin crew member under such logic, that either the cabin crew memeber or their employer are not responsible for said damage. (Not that I'm suggesting suing the cabin crew member, just that it would be a logical recourse if the accident was say someone's car damaging my car and the person who caused the accident did not have insurance). In this case I would have thought that BA's liability insurance would cover the damage and that the Montreal Convention would not apply. But perhaps both UK law and airline regulations make this scenario much different than what would happen if say this happened in a restaurant in the US?
In the same way that if I was in a no fault traffic accident then I would expect my insurers to recover from the third party. I wouldn't expect the individual to give me a cheque.
Jul 11, 2017, 7:10 pm
#99
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,620
I understand that the Montreal Convention covers loss when a bag is lost or its contents are lost and the cause is unknown, but I did not think it circumvented liability for an act that happened like this where the cabin crew member is at fault. What if the cabin member deliberately spilled the drinks on the bag? (I'm not saying they did in this case, just raising a hypothetical)
Regardless , its liability is limited to XDR1131
It is odd to me that in the other thread where the passenger was late for a flight due to a weather induced, single car accident, that many argued that it was the passenger's fault for being late, but here where the accident is the fault of the cabin crew member under such logic, that either the cabin crew memeber or their employer are not responsible for said damage.
Jul 11, 2017, 7:48 pm
#100
Join Date: Feb 2011
Posts: 5,797
Take the bag to Hermes, they can do pretty amazing things to restore their products.
Your frustration is understandable but the airline has to have a liability limit somewhere and id expect 1200GBP is about right - that's your average laptop for example. An 8k bag is an outlier.
Your frustration is understandable but the airline has to have a liability limit somewhere and id expect 1200GBP is about right - that's your average laptop for example. An 8k bag is an outlier.
Jul 11, 2017, 10:35 pm
#101
Join Date: May 2010
Location: YLMQ
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Posts: 682
Hopefully all works out of the OP. I suppose the situation is akin to parking a luxury car in a supermarket car park and coming back to find some trolley rash caused by a careless trolley attendant, you'd certainly want compensating from the supermarket.
Jul 12, 2017, 1:38 am
#102
Join Date: Oct 2015
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Jul 12, 2017, 1:48 am
#103
Join Date: Jul 2015
Location: London
Programs: BAEC Gold
Posts: 228
Why? If by my own negligence I cause damage to someone else's property, I don't get to arbitrarily set my own limits. So I rear-ended your Bentley - very sad, but I limit my liability to 50p and it's your own stupid fault you bought an expensive car. Not sure that'd go down too well really...
Jul 12, 2017, 1:50 am
#104
Join Date: Aug 2012
Posts: 2,676
Why? If by my own negligence I cause damage to someone else's property, I don't get to arbitrarily set my own limits. So I rear-ended your Bentley - very sad, but I limit my liability to 50p and it's your own stupid fault you bought an expensive car. Not sure that'd go down too well really...
Jul 12, 2017, 1:51 am
#105
Join Date: Jul 2015
Location: London
Programs: BAEC Gold
Posts: 228
Ok fine - that's different to 'have to have a liability limit somewhere' - they benefit by having one through legislation.