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percysmith Jul 28, 2012 9:44 pm

CX lost Taiwanese singer's concert luggage 20pcs TWD$500K
 
http://www.appledaily.com.tw/appleda...20729/34401398
Chang Chen-Yue and 25 accompanying musicians
CX467-CX135 for concert
20 pcs of instruments misplaced
Replacement cost in MEL for Thursday night performance - TWD 500K (HKD 131K)

A bit more than Chee Gor this time
What's the max compensation he gets under CX conditions of carriage?

Carfield Jul 28, 2012 11:00 pm

My cousin was supposed to fly back to JFK from HKG on CX 840 on Tuesday, but her flight was canceled and rebooked to CX 846 the same evening. However her bag did not arrive to NYC till tonight, where we supposed to attend a wedding.

Her bag was a business class priority bag and to give BA, CX ground handler credits, the agent made an effort to look for her bag this morning. Thankfully her suitcase is not the usual black one and the agent looked for it, since she was going to a wedding. The agent told her that the bag did not arrive till this morning (CX 888 presumably) and they rushed it to her, but she did not receive it till now.

Guess how much CX is offering for cover three days of her daily essentials - $110USD in total...

Now did she need to write to Apple Daily?

I am very understanding about the situation, but 48 hours should be plenty of time... she already arrived four days before the wedding... so I guess I will go ahead and persuade her to write a letter to DOT...

Carfield

garykung Jul 29, 2012 7:12 pm


Originally Posted by percysmith (Post 19020438)
A bit more than Chee Gor this time
What's the max compensation he gets under CX conditions of carriage?

This case is a little bit different:

1. It is a major WX issue - a mess is basically expected (which I wonder - why CX does not offer travel waiver in advance to reduce the impact).

2. Chang can demonstrate the loss. Chee Gor, to be honest, just scared off CX for compensation.

I believe each airline, regardless CX or not, will follow Montreal Convention for maximum compensation.


Originally Posted by Carfield (Post 19020630)
I am very understanding about the situation, but 48 hours should be plenty of time... she already arrived four days before the wedding... so I guess I will go ahead and persuade her to write a letter to DOT...

Be my guest, but I don't think you will get anything.

Although it is definitely a CX issue. But look at this way - all of these are caused by WX, an issue that beyond airlines' control. I am sure that DOT will be easy on CX even you file a complaint.

I will say push for a more reasonable compensation (like the actual money spent) will be a better strategy here.

kaka Jul 29, 2012 8:56 pm


Originally Posted by garykung (Post 19024580)
This case is a little bit different:

1. It is a major WX issue - a mess is basically expected (which I wonder - why CX does not offer travel waiver in advance to reduce the impact).

2. Chang can demonstrate the loss. Chee Gor, to be honest, just scared off CX for compensation.

I believe each airline, regardless CX or not, will follow Montreal Convention for maximum compensation.



Be my guest, but I don't think you will get anything.

Although it is definitely a CX issue. But look at this way - all of these are caused by WX, an issue that beyond airlines' control. I am sure that DOT will be easy on CX even you file a complaint.

I will say push for a more reasonable compensation (like the actual money spent) will be a better strategy here.

you can pull off not flying under WX. but i personally do not think losing bags due to WX is actually a valid reason. its not like you can fly with broken chairs because there's a typhoon, if you get what i mean...

Carfield's cousin should write to some people. btw, i believe airlines dont have to pay TOO MUCH for delayed bags (but what can she replace with 110USD?! i'd assume 1 set of half decent top and bottom would cost more than 110USD. a total joke.)

pigx5 Jul 29, 2012 11:53 pm


Originally Posted by garykung (Post 19024580)

Although it is definitely a CX issue. But look at this way - all of these are caused by WX, an issue that beyond airlines' control. I am sure that DOT will be easy on CX even you file a complaint.

I will say push for a more reasonable compensation (like the actual money spent) will be a better strategy here.

I don't think the missing bag can blame WX....

percysmith Jul 30, 2012 12:36 am

Actually my e-ticket has the answer:


NOTICE OF BAGGAGE LIABILITY LIMITATIONS
Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For many international
journeys (including domestic portions of international journeys) the Warsaw Convention may apply with liability limits of 17 SDRs per kilo for checked baggage and
332 SDRs per passenger for unchecked baggage. In cases where the Montreal Convention applies to your journey, the applicable liability limit is 1,131 SDRs for
checked and unchecked baggage. (The value of special drawing rights can fluctuate, please visit website www.imf.org/external/np/fin/data/rms_five.aspx to
download current exchange rates). Excess valuation may be declared on certain types of articles. Some carriers assume no liability for fragile, valuable or
perishable articles. Further information may be obtained from the carrier.
17 per SDR...roughly USD25.76 or HK$200 per kilo
I trust most of the instrument gear they're bringing are worth more than HK$200 per kilo...hope they declared it.
Or otherwise bought insurance.

garykung Jul 30, 2012 1:39 am


Originally Posted by kaka (Post 19024909)
you can pull off not flying under WX. but i personally do not think losing bags due to WX is actually a valid reason. its not like you can fly with broken chairs because there's a typhoon, if you get what i mean...


Originally Posted by pigx5 (Post 19025356)
I don't think the missing bag can blame WX....

The issue is if the missing baggage is beyond airlines' control.


Originally Posted by percysmith (Post 19025445)
17 per SDR...roughly USD25.76 or HK$200 per kilo
I trust most of the instrument gear they're bringing are worth more than HK$200 per kilo...hope they declared it.
Or otherwise bought insurance.

I thought this is strictly a Montreal Convention case. Why use a Warsaw Convention limit?

UncleDude Jul 30, 2012 2:36 am

Does anybody know an Airline that does not lose Baggage.

I have probably flown 10 Million Plus Miles in the past 50 years...of course I have had many delayed bags 50+ at a guess, even had 3 Occasions when the Bags beat me to my destination. However only ever lost 2 for all time. And those were both my own small unchecked Hand Baggage..plus maybe up to 6 Pairs of reading Glasses left in seat-back pockets

So The Airlines are still beating me.:D

percysmith Jul 30, 2012 3:21 am


Originally Posted by garykung (Post 19025579)
I thought this is strictly a Montreal Convention case. Why use a Warsaw Convention limit?

Oh...

But (just intellectual curiosity cos this seems to be a special case):
Is the Republic of China a signatory to the Montreal Convention, or the Warsaw Convention only? I do not see an ROC or "Taiwan" accession instrument in http://legacy.icao.int/icao/en/leb/mtl99.pdf .

If Chang ticketed in and departed from Taiwan, no Montreal coverage appears to exist as Taiwan is not a contracting party to the Montreal convention. Then I suppose Warsaw (which was signed before the US, Australia and many other nations switched diplomatic recognition from ROC to PRC in the 1970s) applies?

Or are there letters exchanged between ROC and the HKSAR to effect Montreal for flights between them?

Or does Montreal apply simply cos CX (based in HKSAR, a Montreal jurisdiction) is the carrier?

pigx5 Jul 30, 2012 5:29 am


Originally Posted by percysmith (Post 19025783)
Oh...

But (just intellectual curiosity cos this seems to be a special case):
Is the Republic of China a signatory to the Montreal Convention, or the Warsaw Convention only? I do not see an ROC or "Taiwan" accession instrument in http://legacy.icao.int/icao/en/leb/mtl99.pdf .

If Chang ticketed in and departed from Taiwan, no Montreal coverage appears to exist as Taiwan is not a contracting party to the Montreal convention. Then I suppose Warsaw (which was signed before the US, Australia and many other nations switched diplomatic recognition from ROC to PRC in the 1970s) applies?

Or are there letters exchanged between ROC and the HKSAR to effect Montreal for flights between them?

Or does Montreal apply simply cos CX (based in HKSAR, a Montreal jurisdiction) is the carrier?

The website doesn't point out which one to use for the ticket issued in Taiwan.
http://www.cathaypacific.com/cpa/zh_...l/claimbaggage

hadsst Jul 30, 2012 5:36 am

According to media reports, the HKIA baggage handling system was down on 25 July.

percysmith Jul 30, 2012 6:29 am


Originally Posted by pigx5 (Post 19026046)
The website doesn't point out which one to use for the ticket issued in Taiwan.
http://www.cathaypacific.com/cpa/zh_...l/claimbaggage

But since CX still maintains references to the Warsaw Convention in both its website and the e-ticket, I guess Montreal doesn't apply simply cos CX is the carrier.

mayodave Jul 30, 2012 6:37 am

you think this is bad I left home 6 days ago and still have no luggage, they called at last only after I blasted them on their facebook page, to tell me the bag is still in Hong Kong and they dont know how to get it to spain because they dont fly there !!!!!!!! the total lack of service has been outstanding.

rapidex Jul 30, 2012 6:40 am


Originally Posted by UncleDude (Post 19025688)
Does anybody know an Airline that does not lose Baggage.

I have probably flown 10 Million Plus Miles in the past 50 years...of course I have had many delayed bags 50+ at a guess, even had 3 Occasions when the Bags beat me to my destination. However only ever lost 2 for all time. And those were both my own small unchecked Hand Baggage..plus maybe up to 6 Pairs of reading Glasses left in seat-back pockets

So The Airlines are still beating me.:D

The bags/musical instruments are not lost yet.They are only missing for the first 21 days.;)

ernestnywang Jul 30, 2012 11:47 am


Originally Posted by percysmith (Post 19025783)
Oh...

But (just intellectual curiosity cos this seems to be a special case):
Is the Republic of China a signatory to the Montreal Convention, or the Warsaw Convention only? I do not see an ROC or "Taiwan" accession instrument in http://legacy.icao.int/icao/en/leb/mtl99.pdf .

If Chang ticketed in and departed from Taiwan, no Montreal coverage appears to exist as Taiwan is not a contracting party to the Montreal convention. Then I suppose Warsaw (which was signed before the US, Australia and many other nations switched diplomatic recognition from ROC to PRC in the 1970s) applies?

Or are there letters exchanged between ROC and the HKSAR to effect Montreal for flights between them?

Or does Montreal apply simply cos CX (based in HKSAR, a Montreal jurisdiction) is the carrier?

In the paper TKTs that I still keep (latest 2007), I see only see mention about Warsaw Convention but nothing about Montreal Convention. The paper TKTs also state that if Warsaw Convention does not apply (I suppose that means domestic itineraries but who knows if that is intended as to ensure PAX some right however recognised the ROC gets.), some other ROC laws apply.


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