Damages For Delayed Luggage?
Dec 22, 2015, 1:09 am
#1
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Join Date: Apr 2002
Location: San Juan Capistrano, CA
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Damages For Delayed Luggage?
I know what the conditions of carriage say, but I wanted to know if anyone has had any real world experience with SWA on payment due to delayed luggage.
Friday, we flew from Orange County. We were scheduled into San Francisco, but it was fogged in. So, we were put on standby to Oakland, but no standbys cleared. I went to the gate agent and got a confirmed flight into San jose instead. We identified our bags for her, and she said she had found them.
When we got to SJC, my wife's bag made it, but mine didn't. I told them that, if they could get the bag to me on Friday, I would be in San Jose, but we were leaving for Napa early Saturday morning.
I got a call Saturday that they had found my bag, and could I drive to the San Francisco airport to pick it up? I said, no, I was already in Napa. She said that they would not deliver to Napa, but they would Fed Ex it, which meant it would arrive Monday. It did not arrive Monday, due to weather. We are now supposed to get it tomorrow.
In the five days that I was without luggage, I bought: 1 T-shirt, 3 shirts, 1 pair of sweats, a swimsuit, a pair of slacks, a sweater, jacket, sunglasses, 3 pair of underwear, 3 pair of socks, shampoo, conditioner, deodorant, nail clippers, laundry detergent, a cap (it was raining here, and my umbrella was in my bag), and a belt. All of this replaced stuff in my bag. Total cost was about $400.
The conditions of carriage read:
"Limitations of Liability
(1)
General. The liability, if any, of Carrier for loss of, damage to, or delay in the delivery of Checked or carryon Baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by a Qualified Individual with a Disability, is limited to the proven amount of damage or loss, but in no event shall be greater than
$3,400.00 per fare-paying Passenger pursuant to 14 CFR § 254.4 unless
the passenger at time of check-in has declared the value of the baggage to be in excess of Three Thousand Four Hundred Dollars ($3,400.00) ("excess valuation") and has paid an additional charge of One Dollar ($1.00) for each One Hundred Dollars ($100.00) of excess valuation. See Paragraph (2)
below for excess valuation limitations and Section 8 for information
regarding international travel.
(i)
Carrier will compensate the Passenger for reasonable, documented damages incurred as a direct result of the loss of, damage to, or substantially delayed delivery of such Baggage up to the limit of liability, provided the Passenger has exercised reasonable efforts and good judgment to minimize the amount of damage. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less depreciation for prior usage."
Has anyone had trouble getting reimbursed for such expenses, with receipt, from Southwest, or are they normally reasonable and accommodating for things like these?
Friday, we flew from Orange County. We were scheduled into San Francisco, but it was fogged in. So, we were put on standby to Oakland, but no standbys cleared. I went to the gate agent and got a confirmed flight into San jose instead. We identified our bags for her, and she said she had found them.
When we got to SJC, my wife's bag made it, but mine didn't. I told them that, if they could get the bag to me on Friday, I would be in San Jose, but we were leaving for Napa early Saturday morning.
I got a call Saturday that they had found my bag, and could I drive to the San Francisco airport to pick it up? I said, no, I was already in Napa. She said that they would not deliver to Napa, but they would Fed Ex it, which meant it would arrive Monday. It did not arrive Monday, due to weather. We are now supposed to get it tomorrow.
In the five days that I was without luggage, I bought: 1 T-shirt, 3 shirts, 1 pair of sweats, a swimsuit, a pair of slacks, a sweater, jacket, sunglasses, 3 pair of underwear, 3 pair of socks, shampoo, conditioner, deodorant, nail clippers, laundry detergent, a cap (it was raining here, and my umbrella was in my bag), and a belt. All of this replaced stuff in my bag. Total cost was about $400.
The conditions of carriage read:
"Limitations of Liability
(1)
General. The liability, if any, of Carrier for loss of, damage to, or delay in the delivery of Checked or carryon Baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by a Qualified Individual with a Disability, is limited to the proven amount of damage or loss, but in no event shall be greater than
$3,400.00 per fare-paying Passenger pursuant to 14 CFR § 254.4 unless
the passenger at time of check-in has declared the value of the baggage to be in excess of Three Thousand Four Hundred Dollars ($3,400.00) ("excess valuation") and has paid an additional charge of One Dollar ($1.00) for each One Hundred Dollars ($100.00) of excess valuation. See Paragraph (2)
below for excess valuation limitations and Section 8 for information
regarding international travel.
(i)
Carrier will compensate the Passenger for reasonable, documented damages incurred as a direct result of the loss of, damage to, or substantially delayed delivery of such Baggage up to the limit of liability, provided the Passenger has exercised reasonable efforts and good judgment to minimize the amount of damage. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less depreciation for prior usage."
Has anyone had trouble getting reimbursed for such expenses, with receipt, from Southwest, or are they normally reasonable and accommodating for things like these?
Dec 22, 2015, 1:17 am
#2
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Location: Atherton, CA
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$400?
Yeah, good luck. I think they mean for you to get something to get by on, not high fashion. I suspect they will offer you something substantially less.
I know WN offers free checked bags, but for a short stay like yours, I'd certainly advise carry on, but live and learn.
Stay dry!
Yeah, good luck. I think they mean for you to get something to get by on, not high fashion. I suspect they will offer you something substantially less.
I know WN offers free checked bags, but for a short stay like yours, I'd certainly advise carry on, but live and learn.
Stay dry!
Dec 22, 2015, 1:19 am
#3
Original Poster
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It's not a short stay. We're traveling for 2 weeks. I bought these a shirt a day over the five days, because I can't wear sweaty, dirty clothes. And there was no way I could go without a sweater or a jacket in this cold.
Dec 22, 2015, 1:39 am
#4
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You flew up Friday, it's now Monday night, that's 3 days so far, four with tomorrow.
Listen, I hear ya,' I got stuck driving through a snowstorm because of the SFO nonsense on Friday.
I'm just telling you not to be surprised if WN chokes on your $400 proposal, as I suspect their front line folks who go to Target to get their clothes have about that much budgeted for 6 months worth. For example, they may not like paying for extra sunglasses.
In any case, you'll have extra underwear and deodorant.
Hope it all works out well in the end. Let us know how WN handles it all.
Listen, I hear ya,' I got stuck driving through a snowstorm because of the SFO nonsense on Friday.
I'm just telling you not to be surprised if WN chokes on your $400 proposal, as I suspect their front line folks who go to Target to get their clothes have about that much budgeted for 6 months worth. For example, they may not like paying for extra sunglasses.
In any case, you'll have extra underwear and deodorant.
Hope it all works out well in the end. Let us know how WN handles it all.
Last edited by Doc Savage; Dec 22, 2015 at 1:45 am
Dec 22, 2015, 6:45 am
#5
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I will. I can justify the sunglasses. I have a prescription from the Opthamologist to wear sunglasses in bright sunlight, because I am starting to develop cataracts, and the sunglasses will head that off. So, I always keep a pair in my luggage for that contingency, and not on me during airport travel, so that I don't lose them. When we got to San Jose, it was very bright.
Dec 22, 2015, 8:50 am
#6
Join Date: Oct 2005
Location: ORD, MDW or MKE
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Posts: 6,461
Since you checked your bag to your scheduled destination, and then did not fly to your scheduled destination through no fault of Southwest, are they responsible for any damages?
Dec 22, 2015, 9:09 am
#7
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This is where you see the difference between WN and the legacies. The legacies pay courier companies to do out-of-town deliveries. While it's not as though UA would have paid a single driver to speed up to Napa, all of the Napa bags would have been pooled and OP would have had his bag Saturday night.
To start at the end, OP did fly to his scheduled destination. It became SJC when WN lifted his SFO ticket for the SJC leg.
Best bet here is to make a claim on OP's travel insurance. That will typically provide a reasonable amount per day and $400 will likely come in just fine for 5 days. The travel insurance and WN can then slog it out.
WN will not reimburse $400. Just isn't going to happen. It may reimburse for neccessities such as underwear and toiletries, but that's about it. WN will simply take the position that the rest could all have gone in carry-on and this all was avoidable.
My guess is a bit of cash and a smallish voucher.
To start at the end, OP did fly to his scheduled destination. It became SJC when WN lifted his SFO ticket for the SJC leg.
Best bet here is to make a claim on OP's travel insurance. That will typically provide a reasonable amount per day and $400 will likely come in just fine for 5 days. The travel insurance and WN can then slog it out.
WN will not reimburse $400. Just isn't going to happen. It may reimburse for neccessities such as underwear and toiletries, but that's about it. WN will simply take the position that the rest could all have gone in carry-on and this all was avoidable.
My guess is a bit of cash and a smallish voucher.
Dec 22, 2015, 11:24 am
#9
Join Date: May 2005
Posts: 4,872
Dec 22, 2015, 5:07 pm
#10
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That WN doesn't deliver in and around Napa? That's what WN told OP. That UA doesn't deliver in and around Napa? UA does.
I fly WN on leisure travel when it is substantially cheaper, time doesn't matter and it offers convenience. I've got good travel interruption insurance so I don't worry about stuff like WN's decision not to interline.
Dec 22, 2015, 5:40 pm
#11
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OK, update. Now, Fed Ex lost the bag, and just located it this morning. They will be overnighting it up here, and promise (for the second time) that I will now get it tomorrow morning. I have nothing left but dirty clothes. My original post asked for anyone with experience in the real world, not speculation over what SWA is likely to do.
My luggage was lost by British Air, and they paid $1,200 for a six-day delay. American paid $600 once when luggage to Hawaii was delayed 6 days, and $450 another time when luggage to Belgium was delayed 3 days. On a one-hour flight, with no change in airplane, I did not expect this, so I did not buy travel insurance. Though I paid for the flight with my Starwood Amex, and there might be travel insurance inherent in that. I would hardly think that it's unreasonable to expect that, on a vacation, I am likely to use the jacuzzi at least once, want to wear clean shirts, want at least one pair of slacks to change into after 5 days and want to be reasonably warm.
Has anyone here actually asked SWA to pay for the cost of clothing bought in this instance? Legally, I'm entitled to it. However, realistically, airline cultures can vary and I have never lost anything on SWA before. Please, not speculation, but actual experience.
My luggage was lost by British Air, and they paid $1,200 for a six-day delay. American paid $600 once when luggage to Hawaii was delayed 6 days, and $450 another time when luggage to Belgium was delayed 3 days. On a one-hour flight, with no change in airplane, I did not expect this, so I did not buy travel insurance. Though I paid for the flight with my Starwood Amex, and there might be travel insurance inherent in that. I would hardly think that it's unreasonable to expect that, on a vacation, I am likely to use the jacuzzi at least once, want to wear clean shirts, want at least one pair of slacks to change into after 5 days and want to be reasonably warm.
Has anyone here actually asked SWA to pay for the cost of clothing bought in this instance? Legally, I'm entitled to it. However, realistically, airline cultures can vary and I have never lost anything on SWA before. Please, not speculation, but actual experience.
Dec 22, 2015, 11:27 pm
#12
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Wirelessly posted (BlackBerry: BlackBerry8530/5.0.0.1030 Profile/MIDP-2.1 Configuration/CLDC-1.1 VendorID/417)
"I paid for the flight with my Starwood Amex, and there might be travel insurance inherent in that."
I suggest that you call Amex immediately, and find out if your card offers baggage-delay coverage.
FYI: My CSP card provides baggage-delay coverage of up to $100/day for up to five days for "emergency purchases of essential items." But the coverage is in excess of any reimbursement or indemnity from the airline. And eyeglasses are specifically excluded.
"I paid for the flight with my Starwood Amex, and there might be travel insurance inherent in that."
I suggest that you call Amex immediately, and find out if your card offers baggage-delay coverage.
FYI: My CSP card provides baggage-delay coverage of up to $100/day for up to five days for "emergency purchases of essential items." But the coverage is in excess of any reimbursement or indemnity from the airline. And eyeglasses are specifically excluded.
Dec 23, 2015, 5:57 am
#13
Join Date: Oct 2001
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With AMEX, they have a lot of travel related insurance services but I think you have to opt into them and pay on a per flight basis. At least that was the way it was 10 years ago and it was a PITA to get the automated billing stopped...
Dec 23, 2015, 7:59 am
#14
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BTW. . . luggage still hasn't shown up. I called Fed Ex again yesterday, and they said that the woman who had told me that it had been found and would be delivered yesterday morning did not know what she was talking about. However, they have now found it and it should be arriving at my Napa resort this afternoon. Six days later. If it does not get here today, we're going north tomorrow morning, and it will have to be delivered to the S.F. Hilton on the day after Christmas. I finally had to buy some medications last night, so the tab is now $450.
Dec 23, 2015, 5:16 pm
#15
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Update: 4 pm, Wednesday. Luggage still hasn't arrived. Fed Ex lost it, then found it, now doesn't know where it is. We leave at 7 am tomorrow morning for Orick, CA, and then down to San Francisco Christmas day. My guess is that I don't get it until Saturday, in SF.