Austrian damaged my child stroller and won't pay compensation
Aug 24, 2018, 8:29 am
#46
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Saying that I can't prove that Austrian did it - is true. But in all sincerity, I know that Austrian is responsible, and Austrian knows that too. The question is will they do something about it, or decide to remain covered by legal interpretations and maintain their 'couldn't care less/we got away with the murder' attitude?
On burden of proof - what even if a luggage was reported as damaged at the airport - what difference would that make? it could have even been damaged BEFORE the flight, like as some of you said AFTER the flight.
Sure - anything is possible. The issue here is a (mis)trust.
On burden of proof - what even if a luggage was reported as damaged at the airport - what difference would that make? it could have even been damaged BEFORE the flight, like as some of you said AFTER the flight.
Sure - anything is possible. The issue here is a (mis)trust.
Aug 24, 2018, 8:39 am
#48
Join Date: Sep 2012
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The law is not based on 'a common understanding' but on the norms, like the one you quoted above.
There is nothing in the norms that you quote about an obligation to report the damage at the airport. This is an invention by the carriers, as this what suits them best trying to minimize the effect of compensations they would otherwise be forced to pay.
There is nothing in the norms that you quote about an obligation to report the damage at the airport. This is an invention by the carriers, as this what suits them best trying to minimize the effect of compensations they would otherwise be forced to pay.
The rest of your comment just shows how little you know about travelling, yet you there to give out unsolicited advice. The fact that it was given at the aircraft on a tarmac only proves the lack of care by the Austrian staff who couldn't care less to keep it covered with the rest of the luggage and be delivered at the belt.
You really want to be fight us here, do you? Just fight random strangers in a public board to vent your frustration?
Aug 24, 2018, 8:40 am
#49
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that was my point, since its a he said - she said situation and OS or any carrier has what to rely on to avoid compensation, namely that it wasnt reported as needed to be at the airport they have what to rely on to turn down any and all compensation should they want to. At times a carrier will step up regardless, OS this time decided not to for whatever reason = I or you can yell till we turn blue it wont change OSs stand. The burden of proof is on us and you dont have any this time. I believe going the route of a lawyer or court will just mean you wasting your money
Aug 24, 2018, 8:43 am
#51
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Have nothing to lose, as I am a lawyer myself and will do it myself, at a jurisdiction where they are unlikely to expect to be sued (with a minimum cost to me). The concept of having to report at the airport is a total BS invented by the airlines and not based in any legal norms. So time to do something about it.
Oh, and by the way "a jurisdiction where they are unlikely to expect to be sued" won't fly... You need to check the CoC where it says:
If no court of jurisdiction results from the conditions of the Convention or other applicable law, legal action can only be lodged against us at the applicable court having subject-matter jurisdiction in Vienna. For legal actions against us by consumers the legalprovisions apply.
Aug 24, 2018, 8:53 am
#52
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Look, as amusing as this is, can I just please make the final suggestion to you before this thread gets locked up (very soon I suspect):
You are not going to hear what you want to hear on this internet board. As you are a lawyer, consult with one of your learned colleagues and pursue OS in court in Vienna. Maybe it is just some opportunity cost, maybe you will have to pay something to get the ball rolling. But banging on about things you can't change on this board won't get you a cent (sorry, centime).
You are not going to hear what you want to hear on this internet board. As you are a lawyer, consult with one of your learned colleagues and pursue OS in court in Vienna. Maybe it is just some opportunity cost, maybe you will have to pay something to get the ball rolling. But banging on about things you can't change on this board won't get you a cent (sorry, centime).
Aug 24, 2018, 8:55 am
#53
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Yehaa! Get on with it! And make sure the proceedings will be published on all media channels known to men! You are the first who tried this and you will bring down the airline industry... over a broken stoller.
Oh, and by the way "a jurisdiction where they are unlikely to expect to be sued" won't fly... You need to check the CoC where it says:
Oh, and by the way "a jurisdiction where they are unlikely to expect to be sued" won't fly... You need to check the CoC where it says:
Certainly no need to check CoC written by the very same airline that is being sued.
Last edited by mikimedic; Aug 24, 2018 at 9:00 am
Aug 24, 2018, 8:56 am
#54
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Look, as amusing as this is, can I just please make the final suggestion to you before this thread gets locked up (very soon I suspect):
You are not going to hear what you want to hear on this internet board. As you are a lawyer, consult with one of your learned colleagues and pursue OS in court in Vienna. Maybe it is just some opportunity cost, maybe you will have to pay something to get the ball rolling. But banging on about things you can't change on this board won't get you a cent (sorry, centime).
You are not going to hear what you want to hear on this internet board. As you are a lawyer, consult with one of your learned colleagues and pursue OS in court in Vienna. Maybe it is just some opportunity cost, maybe you will have to pay something to get the ball rolling. But banging on about things you can't change on this board won't get you a cent (sorry, centime).
Aug 24, 2018, 10:00 am
#55
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Have nothing to lose, as I am a lawyer myself and will do it myself, at a jurisdiction where they are unlikely to expect to be sued (with a minimum cost to me). The concept of having to report at the airport is a total BS invented by the airlines and not based in any legal norms. So time to do something about it.
I and I think eberybody else here believs that OS has damaged your stroller, but they will not pledge guilty, but hide behind their legal barriage and refuse any accusation whilr pointing out that you can't prove they did damage it.
But since you are based in Switzerland please let me know when and where the court hearing is, I'd love to attend as a guest.
Last edited by Nick Art; Aug 24, 2018 at 10:17 am
Aug 24, 2018, 10:53 am
#56
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If you are a lawyer you should know that it is in dubio pro reo and I can't see how you plan on provivg that the stroller was damaged by the airline.
I and I think eberybody else here believs that OS has damaged your stroller, but they will not pledge guilty, but hide behind their legal barriage and refuse any accusation whilr pointing out that you can't prove they did damage it.
But since you are based in Switzerland please let me know when and where the court hearing is, I'd love to attend as a guest.
I fully agree with your second sentence. On a court hearing, it won't be happening in Switzerland.
Aug 24, 2018, 11:16 am
#58
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So, just out of curiosity... how do you want to sue OS outside of AT (according to the CoC, their HQ in Vienna) or in Switzerland (your place of residence)? In Cyprus since the flight originated there?
That's why when you file the damage report at the airport they will inspect the baggage, make photos and produce a detailed write up of the condition of the baggage and its content. If it is obvious the damage is 'old' and has been this way for a long time, they will fight your for the compensation as well. The damage to the baggage needs to look 'fresh' and 'plausible'.
[redacted]
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Last edited by oliver2002; Aug 28, 2018 at 1:49 am Reason: talk about the topic, not a member
Aug 24, 2018, 2:02 pm
#59
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thats why to make up for it they press hard when a claim wasnt made according to their T&Cs.I know you dont like the analogy but same with a rental car they know some damage will get by them eg leaning your bag against the car in the back if thats where it got damaged.They close you out you go on your way and bingo they find the damage after its being cleaned. they too know they wont catch a problem every time and thusly unless you can prove it was damaged when you drove out of the lot , its your fault
Now I have no idea if your stroller was in fact damaged when you left it on the jetway or if some ground personal or the plane itself damaged it as you claim. Thats partially no longer important and both sides cant prove what they say is the truth. what it comes down to is OSs T&Cs and they say a person must put in a claim while at the airport and not afterwards. You admit you didnt do that (with good reason) but the T&Cs dont say its OK not to make the report if you have good reason or didnt notice it. I guess if you can show why the T&Cs arent correct or reasonable maybe you will have a leg to stand on, my gut and decades of experiences with the airlines says otherwise.
If they were gonna throw you a bone they would have already as has been done to many folks even when the carrier had its T&Cs to fall back on OS decided in your case no bone, would this have been the 1st bone they would have thrown you? Or do you have a nice file of complaints with them till now?
Aug 24, 2018, 2:30 pm
#60
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It takes at least two parties to make a contract and this is OP's contract (COC) as well. If he thought that a Vienna court was the wrong venue for a petty, spiteful, and vindictive lawsuit, he should have found an air carrier willing to agree to a venue amenable to such lawsuits.