GREAKLY

The wreckage often has plenty of value. Insurance companies sell those to junk yards all the time. But only after they pay the insured full value of his/her vehicle without any deduction for the remaining value of the wreckage.

Who (and how) determines the criteria of what is reasonable and what is not? Levi's 501 jeans sell in the US for 30-40 USD. The very same jeans sell in Europe for 60-80 Euros in outlet malls and for 100+ Euros in some main street shop. If I buy a pair in downtown Paris (because exactly the same one was in my lost luggage) will the airline have the right to deny my reimbursement claim, because its unreasonable?

sbm12

Nope. ALWAYS the last carrier on which you actually flew, even if not at all their fault.

SK AAR

It depends entirely on the judge on that particular day whether you will be able persuade him/her that you really couldn't do without these products.

The ultimate test is: would you have purchased these items in case you knew that you wouldn't get reimbursed? If the answer is no/that ýou would have waited until your bag was delivered, you don't have a case, sorry.

Often1

What is reasonable will be determined, in the first instance by the carrier, then by negotiation and ultimately through some form of litigation if it comes to that. No different than any other claim for anything that goes wrong.

Claims for interim expenses often have a customer service component to them which is outside the Montreal Convention. That is just fine. The Convention was designed to limit air carrier liability for the actions of some crazy judge somewhere in the world, but it certainly does not prevent a carrier from treating its customers better than it must, often when they are "elite" or otherwise high-value.

Reasonableness is built into the system. Because you can't know that you will be reimbursed, most consumers will only spend that which they would spend if not reimbursed at all and then lose whatever case it is they bring through whatever forum it is that might handle disputes.

The tradeoff the Convention provides, is a good assurance that the customer will get something against a hard upper limit as to what the consumer will receive.

GREAKLY

Is there any specific law that supports that? Montreal says nothing on this matter.

GREAKLY

Great. I am sure pretty much every judge had his/her luggage lost at least once and still remembers how it felt.

vbroucek

You have just made my day... I will be laughing my ... off until I'm going to sleep...

CO-PLAT

Delta took my bags off the plane after they were loaded in SEA. Captain did make an announcement that we were departing late due to a maintenance problem with a cargo door. Rebated? Very nice to see all the movement of bags in the Delta app. DL 197 SEA-ICN went without my bags. Last connecting flight was Korean Air ICN-BKK. Bags were re-routed and delivered to my hotel in BKK 36 hours late. I spent ~$250 on clothing and toiletries for two persons. I've filed claims before when Delta was the sole carrier. This was obviously Delta's fault, but who do I send the bill to?
Korean Air seems to try and limit liability to $50/day per person. I believe the Montreal Convention prohibits this.

oliver2002

The airline you filed the missing baggage report with and who got the bag to you. They are supposed to handle the claim, so in your case KE.

WHIZGENIE

I wish you could help me since i have seen your posts online helping other people. My question is regarding airline missing bags claim. We were 6 passengers that flew from Pakistan to Syracuse on one itinerary purchased together. We checked in total of 17 bags. From Pakistan to JFK the airline was Qatar. We had connecting flight from JFK to SYR through JetBlue. At JFK all the bags were collected, passed through US customs and handed over to Representatives for connecting flight. Upon arrival at Syracuse, 6 bag were missing which are now declared lost. Would my claim fall under International compensation rules or US domestic compensation rules as both are constituted by different payout limits? Also would i be compensated per claim, per bag, per kg or per passenger any insight and guidance will be highly appreciated.
Claim was filed with JetBlue and they are insisting it falls under international compensation rule. They are only offering $ 1,700 for all 6 bags which is not making any sense to me Also what are my options of challenging their decision.

oliver2002

International rules apply as you checked the bags from PK to SYR. The fact that you picked up the bags in JFK and took them thru customs is immaterial. That said the Montreal Convention that applied to your international trip says you can get 1288 SDR (aprox 1688US$) per person not for the entire party. I would go back to Jetblue and ask for 6x1688$.