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The Ultimate Baggage Lost / Delayed / Stolen / Damaged Thread

The Ultimate Baggage Lost / Delayed / Stolen / Damaged Thread

Old Jul 18, 2007, 2:39 pm
  #16  
 
Join Date: Mar 2003
Location: Minneapolis, MN 55426
Posts: 82
reimbursement: replacement of lost item vs. reimbursement for original item

I'll try to keep this short. We flew:

US: MSP-PHL
LH: PHL-FRA, FRA-MLA in June.

We checked two bags and an infant car seat, and none arrived with us in MLA. After filing a claim and received toiletry packs, but no cash, we replaced our sunscreen and diapers immediately. The next day, our two bags arrived, but not the car seat. After three days, we gave up on the car seat, and we replaced it.

Now we have returned home, and the original car seat has not been found. I sent a letter to LH with copies of the receipts for the items we replaced, and today I received the following reply:
Dear cobberjoe,

Thank you for your faxes received on July 12, 2007 with copies of your expenses.

Much to our regret, all efforts to locate your missing infant car seat have, thus far, proven unsuccessful and we are prepared to reimburse you for your loss in accordance with Montreal Convention guidelines (a treaty ratified by the United States in September, 2003). Please accept our apologies for the inconvenience caused.

Kindly mail to my attention the original purchase receipt for the missing car seat, not the replacement, and of course I will reimburse your sunscreen and diapers. Once received, you will be contacted without further delay.

The search for your car seat will continue and if it is located, the nearest Lufthansa airport office will call you immediately to arrange delivery to your residence.

Your continued patience and cooperation are greatly appreciated.

Sincerely,
xxxxx xxxxxxx
Customer Relations North America
Why would they reimburse the small purchases, which arrived late, but not the car seat, which had not arrived at all. We purchased the original car seat several months ago, and I am not sure I have the receipt.

What are my options? I guess I hope to be reimbursed for the new car seat ($150). I don't really care if they reimburse me for the old one, because in the end, I have one car seat. At the PX on the Navy Base where the new car seat was purchased, there was very little choice.

Thanks for any help you can give.
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Old Jul 18, 2007, 2:53 pm
  #17  
KVS
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Originally Posted by cobberjoe
Why would they reimburse the small purchases, which arrived late, but not the car seat, which had not arrived at all. We purchased the original car seat several months ago, and I am not sure I have the receipt.

What are my options? I guess I hope to be reimbursed for the new car seat ($150). I don't really care if they reimburse me for the old one, because in the end, I have one car seat.
You have to provide some kind of documentation as to the type and value of the original car seat (ideally, that would be the original purchase receipt). If you know the model number, you could try sending a print-out from an online store, showing the price, together with a brief letter, providing the purchase date.

If the original seat was less expensive than the replacement that you had purchased, they will probably pay the lower of the two prices. They may also try to deduct depreciation.

Good luck and be sure to report back.
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Old Jul 22, 2007, 8:30 am
  #18  
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LH pays without blinking

LH is the only airline which does not try to sneak out. i dont know why but they really pay.

you dont need any prove with LH for the old seat.

you just have to sent in the new receipt for the new seat.

dp
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Old Jul 22, 2007, 9:26 am
  #19  
 
Join Date: Feb 2007
Posts: 1,047
I think I'm too frustrated to understand all things on this thread

Flying full fare Club on our return flight with BA 13 July, we checked 4 suitcases at NCE straight thru for the following morning flight out of LHR to NAS, our final destination and home-base. None of the cases made it.

Three cases arrived 3 days later. The largest one, very heavy and containing all our "good" clothes used during our 6 week stay, is still missing. BA has assured us that this case has been located at LHR ~ however they have thus far failed to put in on any of their flights (5 flights!). Apparently there is a tremendous back-log.

I'm really peeved though since we payed prime Club rates and would have thought, that since BA say it's been located, that the suitcase would have been given some priority. I think this lack of service is terrible ~ we have flown Club out of NAS-LHR-NCE and back, several years running. Unfortunately, we do not belong to BA's FF, but to AA....maybe that has something to do with it.

The case contains probably $3000+ of clothing that we need, so at this point I'm just hoping that it arrives today or very soon. But in the back of my mind I'm also thinking that BA really should compensate in a meaningful way.

I've not been able to "file" on-line because on their page of Customer Service Relations, The Bahamas is not an option of the drop-down menu as a country ~ Bahrain is though! LOL.
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Old Jul 22, 2007, 12:08 pm
  #20  
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I've only got one thing to say: UA has delayed my baggage more often than any other airlies I have flown.
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Old Jul 22, 2007, 2:08 pm
  #21  
 
Join Date: Sep 2005
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Originally Posted by Rejuvenated
I've only got one thing to say: UA has delayed my baggage more often than any other airlies I have flown.
Try SK
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Old Jul 30, 2007, 9:10 pm
  #22  
 
Join Date: Mar 2003
Location: Minneapolis, MN 55426
Posts: 82
Car Seat Update

As I mentioned, I received an initial response asking for a receipt for the old car seat. I looked for it a bit, but could not find it.

Now, today, I received a form letter from Lufthansa with the full amount of my original claim for the new car seat the the other supplies we purchased.

According to the letter, a check for about $189 should arrive in about 14 days.

Hooray for Lufthansa! (It seems quite likely that it was US Airways fault that anything was lost at all.)

cobberjoe
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Old Jul 31, 2007, 1:02 am
  #23  
 
Join Date: Jun 2005
Location: MIA/ATL
Posts: 1,482
Flew CDG-MIA on AF. Baggage arrived with one wheel destroyed. After a short letter to AF's USA office, was told to drop off the luggage at a local authorized Baggae Repair shop.

Haven't heard back from the shop yet though. That reminds me to call them...
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Old Aug 3, 2007, 10:15 pm
  #24  
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?

Originally Posted by Soames
I think I'm too frustrated to understand all things on this thread

Flying full fare Club on our return flight with BA 13 July, we checked 4 suitcases at NCE straight thru for the following morning flight out of LHR to NAS, our final destination and home-base. None of the cases made it.

Three cases arrived 3 days later. The largest one, very heavy and containing all our "good" clothes used during our 6 week stay, is still missing. BA has assured us that this case has been located at LHR ~ however they have thus far failed to put in on any of their flights (5 flights!). Apparently there is a tremendous back-log.

I'm really peeved though since we payed prime Club rates and would have thought, that since BA say it's been located, that the suitcase would have been given some priority. I think this lack of service is terrible ~ we have flown Club out of NAS-LHR-NCE and back, several years running. Unfortunately, we do not belong to BA's FF, but to AA....maybe that has something to do with it.

The case contains probably $3000+ of clothing that we need, so at this point I'm just hoping that it arrives today or very soon. But in the back of my mind I'm also thinking that BA really should compensate in a meaningful way.

I've not been able to "file" on-line because on their page of Customer Service Relations, The Bahamas is not an option of the drop-down menu as a country ~ Bahrain is though! LOL.
why didnt you buy the staff you really need and get the money back from the airline?

dp
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Old Aug 3, 2007, 10:17 pm
  #25  
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yes

Originally Posted by bhd87
Flew CDG-MIA on AF. Baggage arrived with one wheel destroyed. After a short letter to AF's USA office, was told to drop off the luggage at a local authorized Baggae Repair shop.

Haven't heard back from the shop yet though. That reminds me to call them...
the problem is that you have to call , write letters to remind them but finally the airlines will compensate you for the damaged baggage. i guess you will get the a new one or you will get a check to buy a new one.

dp
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Old Aug 3, 2007, 10:19 pm
  #26  
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lufthansa

Originally Posted by cobberjoe
As I mentioned, I received an initial response asking for a receipt for the old car seat. I looked for it a bit, but could not find it.

Now, today, I received a form letter from Lufthansa with the full amount of my original claim for the new car seat the the other supplies we purchased.

According to the letter, a check for about $189 should arrive in about 14 days.

Hooray for Lufthansa! (It seems quite likely that it was US Airways fault that anything was lost at all.)

cobberjoe
yes as i said, if LH is the last carrier you were flying on, its the best could happen to you. LH pays without any problems and you dont need the original receipts. you just need to present the receipt for the newly bought items and they will compensate that price.

LH is ^^^ if your baggage is lost.

sometimes the airlines try to sneakout and try not to pay the 1000XDR but as they are required to do so buy law, if you write a letter or two, they will finally pay. as 1000 XDR is around 1700USD , it is from my point of view worth writing 1-2 letters to them.

dp
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Old Aug 11, 2007, 5:57 am
  #27  
 
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SAS (SK) Again Doesn't Delivery Baggage Until a Day Later..

What recourse do I have if my scheduled arrival at an inland Denmark airport was at 1315 hours, and they delivered my reportedly "short shipped" baggage at 1150 hours on the next day?

Thanks!
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Old Aug 11, 2007, 1:13 pm
  #28  
KVS
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Originally Posted by SuperFlyBoy
What recourse do I have if my scheduled arrival at an inland Denmark airport was at 1315 hours, and they delivered my reportedly "short shipped" baggage at 1150 hours on the next day?
None, unless you have provable damages.
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Old Aug 11, 2007, 2:06 pm
  #29  
 
Join Date: May 2007
Posts: 747
OK it seems quite confusing but I think I have it figured out, tell me if this is right.

1. I am a Canadian resident, Canada is listed as a party to the Montreal convention, so any international flights I take from Canada should be covered under the Montreal convention. Domestic flights would presumably be covered under some other Canadian legislation.

2. When I fly YPR-YVR-HNL on one round-trip ticket with Air Canada, for baggage damage or loss I would be covered up to 1000 XDR if I can prove actual damage, regardless of whether the damage happens on the domestic or international part of the trip.

3. For the same flight if the flight is delayed and can proved monetary loss due to the delay I can be compensated up to 4150 XDR.

I have a few questions about this.

First how are you supposed to prove your monetary damages when your baggage is lost? I might have $1500.00 worth of clothing in my luggage but I won't have any receipts unless the item has been newly purchased. All I will have is an estimate of the value of my clothing.

How do they define personal damages due to delay? For example, if I am delayed and my whole family loses one day of our vacation, who can put a dollar value on this? I would estimate a few hundred dollars per day per person.

There is no mention I could see in the Montreal convention about delays due to weather. I have always understood that airlines are not responsible at all for cancelled or delayed flights due to weather conditions. There is no distinction I see in the Montreal convention regarding the cause of the delay.

Also whenever I travel with skis or fragile items Air Canada makes me sign a waiver of liability. However according to the Montreal Convention

"Article 26 - Invalidity of Contractual Provisions
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention."

Finally does anyone know what rules apply for domestic flights within Canada? Whenever my luggage has been delayed I have been given no compensation at all by Air Canada, but I didn't push for it.
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Old Aug 11, 2007, 3:00 pm
  #30  
KVS
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Originally Posted by trilinearmipmap
1. I am a Canadian resident, Canada is listed as a party to the Montreal convention, so any international flights I take from Canada should be covered under the Montreal convention. Domestic flights would presumably be covered under some other Canadian legislation.
Correct, except that your residency is not a factor.

Originally Posted by trilinearmipmap
2. When I fly YPR-YVR-HNL on one round-trip ticket with Air Canada, for baggage damage or loss I would be covered up to 1000 XDR if I can prove actual damage, regardless of whether the damage happens on the domestic or international part of the trip.
Correct.

Originally Posted by trilinearmipmap
3. For the same flight if the flight is delayed and can proved monetary loss due to the delay I can be compensated up to 4150 XDR.
Correct also.

Originally Posted by trilinearmipmap
First how are you supposed to prove your monetary damages when your baggage is lost? I might have $1500.00 worth of clothing in my luggage but I won't have any receipts unless the item has been newly purchased. All I will have is an estimate of the value of my clothing.
Well, each claim is handled on a case-by-case basis, and you are free to submit any kind of proof that you may have, e.g. pictures of the items in question, witness statements, your own statement, etc.

The airline would have had a chance to examine and itemize the content of your baggage before accepting it; if it chose not to do it, then how can they disagree with your description of the contents?

Originally Posted by trilinearmipmap
How do they define personal damages due to delay? For example, if I am delayed and my whole family loses one day of our vacation, who can put a dollar value on this? I would estimate a few hundred dollars per day per person.
This is, of course, a very difficult part. If you had a prepaid and non-refundable hotel reservation, which costs, say, $1000 per night, then you could argue that your damages were $1000 ...

Originally Posted by trilinearmipmap
There is no mention I could see in the Montreal convention about delays due to weather. I have always understood that airlines are not responsible at all for cancelled or delayed flights due to weather conditions. There is no distinction I see in the Montreal convention regarding the cause of the delay.
That would be:
Article 19 - Delay

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
Originally Posted by trilinearmipmap
Also whenever I travel with skis or fragile items Air Canada makes me sign a waiver of liability. However according to the Montreal Convention

"Article 26 - Invalidity of Contractual Provisions
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention."
That is correct -- if the nature of the baggage is made known to the airline and it agrees to accept it, then it cannot disclaim liability, as that would violate the terms of the Convention. However, in practice, most airlines still try to do it.

Originally Posted by trilinearmipmap
Finally does anyone know what rules apply for domestic flights within Canada? Whenever my luggage has been delayed I have been given no compensation at all by Air Canada, but I didn't push for it.
The provisions of the Air Canada Domestic Tariff would apply -- you can request a copy from their legal department (it's about 300 pages in length). The summary is available at http://www.aircanada.com/en/travelin...cked.html#r2s1:
Liability for loss, delay or damage to baggage for travel wholly between points in Canada is limited to $1500 CAD per passenger
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