Baggage Claim Denied

Old Sep 25, 17, 6:30 am
  #1  
KG
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Baggage Claim Denied

My family's baggage was delayed for 3 days recently on a KLM flight to Toronto.
When my wife filed the claim for the items purchased during the delay the agent said it was several days past the 21 day deadline as written in the fine print of every airline ticket. Therefore the claim was rejected. My wife's doctor wrote a letter to KLM explaining why she was too sick to meet the 21 day deadline. This claim was also rejected.
I would really appreciate it if a KLM frequent flyer with experience in these matters could point us in the right direction to help resolve this issue.
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Old Sep 25, 17, 6:42 am
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Well, I'm not so sure there would be many frequent fliers here that would wait so long to claim something with the airline, the 21 days deadline is set in both the Warsaw convention and the Montreal convention, and as such the airline can rightfully reject your claim.

Your only recourse is to claim with your travel insurance, given the medical state of your wife of being unable to make a claim within 21 days, this seems pretty straight forward case to take to them.
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Old Sep 25, 17, 6:55 am
  #3  
KG
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Why (How) do you expect an average traveler to be familiar with the Warsaw and Montreal conventions?
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Old Sep 25, 17, 7:02 am
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I don't expect an average traveller to be familiar with them, where did I say that I do?
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Old Sep 25, 17, 7:44 am
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Originally Posted by KG View Post
Why (How) do you expect an average traveler to be familiar with the Warsaw and Montreal conventions?
Do you think unfamiliarity with the rules means you don't have to adhere to them?
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Old Sep 25, 17, 7:53 am
  #6  
KG
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I am asking for help with the airlines. I think the airline is using the 21 day rule as an excuse not to pay a legitimate claim. The 21 day rule was never mentioned to her when the luggage was lost. How is an average traveler supposed to know that a Montreal convention exists? My wife was only a few days late when she submitted the claim. If you know of an office or manager at KLM that might be able to extend the 21 day deadline due to a medical issue that would be great. To simply repeat the KLM excuse for not paying the claim is not helpful.
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Old Sep 25, 17, 8:07 am
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First, the KL website is explicit and easy-to-read. It is cut and pasted below. One need not know of existing law, including the Montreal and Warsaw Conventions. In fact, the two treaties are not cited.

Second, a person who disagrees with the KL policy, could certainly do the legal research to determine why KL limits claims to 21 days. But, there is no need to do so. Conversely, EU carriers are tough about this other than situations where their HVC customers are at stake, because they are held to all manner of claims based on strict binary rules, e.g., your flight is late by 2:59 and you collect EUR 0, while if it is late by one more minute, you collect 3:00.

Third, As a practical matter, this sounds like a medical claim and OP's wife should examine her travel insurance to determine whether this is covered under her delayed baggage provisions or under her medical provisions, e.g. she was unable to comply with a legal deadline.

Compensation
In case your bag was lost, damaged or if something was missing from it, you can contact KLM Customer Care to request reimbursement of expenses and/or compensation.

Please take the following into account:
If you want to request reimbursement of extra expenses made as a result of the delayed delivery of your baggage, you need to report this within 21 days from the date your delayed baggage was delivered to you.
If the delayed baggage is damaged, you need to report the damage within 7 days from the date of the delivery of your delayed baggage.
We have limited liability, so if your bag was lost we recommend contacting your insurance company, if applicable. Most insurance policies cover loss on the basis of the value of the property.

Last edited by Often1; Sep 25, 17 at 11:52 am
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