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Forgot to claim for damaged baggage 30 months ago

Forgot to claim for damaged baggage 30 months ago

Old Dec 12, 15, 11:54 am
  #16  
 
Join Date: Aug 2000
Location: Exile
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Originally Posted by MSPeconomist View Post
However, the passenger correctly did file the claim, but the handler's (former) employee never bothered to sign the form and forward the completed claim to the airline. It's the handler's mistake.
The passenger has no standing to make a claim against the handler. The passenger has a contract of carriage with the carrier and it is the carrier who must settle with the passenger. If the handler was indeed negligent, the carrier can then recover the costs of the settlement from the handler under the SGHA in place between them. But under no circumstances is the handler liable to the passenger for any damage or loss sustained by checked baggage during the transport process.
B747-437B is offline  
Old Dec 17, 15, 3:07 pm
  #17  
 
Join Date: Mar 2012
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Originally Posted by B747-437B View Post
The passenger has no standing to make a claim against the handler. The passenger has a contract of carriage with the carrier and it is the carrier who must settle with the passenger. If the handler was indeed negligent, the carrier can then recover the costs of the settlement from the handler under the SGHA in place between them. But under no circumstances is the handler liable to the passenger for any damage or loss sustained by checked baggage during the transport process.
I do not claim to be knowledgeable about airline or airline services operations but this does make sense. The contract (ticket) is between the airline and the passenger. The airline has sub-contracted baggage handling services to the handler. The handler should shunt the passenger off to the airline for any claims. The airline can then decide to pursue any claims from the handler pursuant to the contract between the handler and the airline.
porky is offline  
Old Dec 17, 15, 4:18 pm
  #18  
 
Join Date: Feb 2011
Location: Los Angeles
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Just buy the guy a new bag. What is it a few hundred USD at most? Win some customer service points. So you lose some money and gain a happy customer for life. Not a tough question in my experience. Annoying, but that's the right thing to do and that is what I would do.
Hengilas is offline  

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