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-   -   The Ultimate Baggage Lost / Delayed / Stolen / Damaged Thread (https://www.flyertalk.com/forum/travelbuzz/646769-ultimate-baggage-lost-delayed-stolen-damaged-thread.html)

ningyo Jul 22, 2011 3:12 pm

oh, and I thought I was the only one whose luggage was lost for four solid weeks. Happened with LH from FRA to TXL over Christmas, with the snow and all. After I didn't make my flight due to security control in FRA being closed off because of a suspicious something, I arrived in Berlin 5 hours later, but no sign of my suitcase - or anybody's, for that matter. So, waiting in line for another hour just to fill in the papers. Then, spending my Christmas holiday calling LH, but noone knew about the whereabouts of my suitcase. Thank God my mum and I can swap clothes, so I didn't have to buy so much.... My laptop and study books were in the suitcase too, since I had planned to work on my thesis during the holiday. As were all Christmas presents for family and friends.
Back in Frankfurt 2 weeks later, still no sign of the suitcase - until it miraculously turned up another 2 weeks later, totally unharmed, except the laptop's battery was empty.

For replacement, I went shopping in Berlin, got a new winter coat and underwear and cosmetics, and some more in Frankfurt, got a pair of boots and at the end of the 3rd week a netbook. The problem was that I had put everything in the suitcase in order to minimize hand luggage because the plane was going to be packed. LH paid all the underwear and toiletries and half of the clothes and the netbook, but I must say that I was lucky. Because of another luggage issue that my boss had, a LH agent called my company in January, so I grabbed the opportunity and told her about my problem. And she sorted it out. Before talking to her, the hotline ppl had all been contradicting each other and incapable of giving any proper information. Without that agent, my suitcase would probably still be sitting in TXL, and I still wouldn't have seen any cash.

Lesson for next time though: Always take a carryon with stuff for at least 2 days.

Valley_MUC Oct 4, 2011 7:22 am

Hey I hope this is the right place for my problem.

I was flying MUC-IST-TAS on Turkish Airlines a month ago. During a mistake of the checkin-agent my luggage got lost. Okay there was no opportunity to claim it in TAS si I did right when I was back in MUC a few days later. They didnt find it anywhere, but told me fill out a list if all my stuff inside yhe baggage and its worth. I only had a layover in MUC so I hand it over a week later when I was back home again and the told me that I will send to there HQ in IST. A few days later I noticed that name and adress had big mistakes. I didnt noticed that on the first time because I was completely jetlagged and had just the wish to see my bed.
Ok I tried to contact TK Office at MUC first via Email and later by phone without any response. So I walked in there physically last week to correct there mistake.

Did I everyhing right. I'm pretty sure that I will never get any response from Istanbul so I'm thinking about to contact a lawyer.
What about immaterial compensation??
I spend hours on discussing with incompetent TK staff and shopping instat of holiday.

v0max Oct 25, 2011 12:03 pm

Complicated Situation
 
My girlfriend just flew back from KUL for work. To get there and back, it was cheapest for her to buy two tickets: SFO-LAX-SIN on Delta (DL) and then SIN-KUL on Tiger Air (TR). On the return, TR made her check her bag, which then did not arrive at SIN. Because she had a connection to make, she got on the next flight back to the US without her bag. Obviously TR is solely responsible (these were two separate tickets).

The problem is, what are they responsible for? The bag has been located, but is at SIN now, and TR claims they are not responsible for sending it back to the US (since SIN was the destination on her ticket). Is this true? The Montreal Convention seems to apply, but there does not appear to be anything about these particular circumstances. Are they liable for all costs to get the bag home, given that their delay created this fiasco?

If they do not send the bag, I am not sure how we're going to get it back. Obviously flying back to SIN to get it is out of the question.

indiatrip Dec 27, 2011 2:21 pm

We were travelling to India from US through Paris. After we boarded the flight, they found hydrolics issue in the carrier and the carrier was Air France.We had to board another flight arranged by AF. In India on arrival our baggages were missed.They could locate the baggage and said will come in the next flight.

Can you please advice me how do i claim for the delay as i was attending the religious ceremony for a niece, i had buy all the stuff i'm suppose to wear and also the gifts to give her?

Mach1 Dec 30, 2011 4:09 am

LH only offering 50% reimbursement even though agents said 100%?!
 
Lufthansa is giving me the run around... can anyone help me? Are they breaking the Montreal Convention and is there anything I can do about it? Here's the situation:

My baggage was delayed by 4 out of the 5 days on my business trip to Russia (LAX-IAH-FRA-SVX). After filing out all the paperwork and speaking with several Lufthansa representatives on the phone, they told me that I would have to go and buy the clothes that I needed and that I would be reimbursed 100%.

I asked several times if they could give me guidelines or parameters for how this works and what the limits are for reimbursement. No Lufthansa representative could give me a clear answer. One representative literally told me, "well if you're there for meetings and you need a thousand dollar suit, then I guess you need a thousand dollar suit... just be sure to keep all your receipts for reimbursement." I was skeptical, so I pressed for more details from that representative and another, but I got no clarification. I was very sensitive to this lack of guidelines or parameters, because my budget is actually very tight and I did not want to put myself in a situation where I would not get reimbursed in the end.

Suffice it to say, this was an incredibly stressful experience. I had to push meetings and I had very little time to spare, but I had to spend it navigating a Russian shopping mall-- the last thing I needed to be doing. It certainly didn't help that all the clothes were 30% more expensive due to the fact that they're heavily taxed... so here's my bill going way up & I'm just hoping that I get reimbursed. However, after I did more digging the next day & I found out that LH's liability is limited to $1,766... I managed to keep it to $1,850 (since it was 3 degrees F, I also had to buy winter clothes).

When my bag finally did arrive 4 days later, it turned out that Lufthansa could not deliver it to my hotel because the Lufthansa office was closed at the airport. It would have been a 5 day delay had I not gotten the bag myself. I had to cut meetings short to do this and ended up spending 6 hours to get my bag; it was an incredible hassle and then I was delayed to my other meetings.

Furthermore, it was not just a matter of having no clothes or toiletries, but the delay resulted in additional financial damages. My bag contained the products that I could only sell to my clients during the first three days of my trip, so I'm out another chunk of change right there.

Article 26 of the Montreal Convention states that "any provision tending to relieve a carrier of liability or to fix a lower limit than that which is laid down in the Montreal Convention is null and void." As stated on both the LH website and the Montreal convention, their liability is 1,131 special drawing rights (or $1766). "Violations of the Montreal Convention constitute unfair or deceptive business practices and unfair methods of competition in violation of chapter 49 US.Code subchapter § 41712"

What the rep said is that they'll give me 100% of the reimbursement if I mail all of my clothes that I purchased with the original receipts to their HQ office in New York... (and then they'll be donated to charity). Really?! After busting my ... trying to navigate these shops on time that I didn't even have to spare, now you want me to send it all back? Is this the one clause that gets them out from having to stick to the Montreal Convention? Do I have any case, given that I was told just the opposite by LH reps when this first happened, and that they couldn't/wouldn't tell me this policy of 50% reimbursement for clothes? Maybe I would have reacted differently had the customer service rep apologized and offered some kind of good will gesture like a flight credit, but there was nothing of the sort.

I spoke to my credit card co. and they said they could try to dispute the charge of my flight since the quality of service was so poor and I did not receive what I paid for (a flight that got me to my destination with my luggage)... I just hope UA wouldn't also pull my EQM's, too, since I purchased the ticket from them (but flew on CO and LH metal).

Sorry for the long post... but any and all thoughts would be really helpful!!

angatol Jan 5, 2012 8:09 am

.....

jsainsbury Mar 5, 2012 11:01 am

some help with my rights would be appreciated
 
I have experienced a rather silly journey from Halifax, NS to Heathrow via Toronto. The amount of things that went wrong - i couldnt make this stuff up.
Over a mth later and im still having issues finding anyone to take responsibilty for anything.
The journey involved, delayed flights, missed connecting flights, twice over charged excess baggage claims between carriers and then missing bags. What i am most upset and querying with respect to my rights was damage to my belongings that i carried as hand luggage

I was hoping someone could help me or point me in the right direction with respect to a complaint.

It is concerning the contents of my carry on baggage (a laptop) being moved and smashed by a flight attendant on a recent flight.

I have reported the complaint both at the airport and subsequently by email (as Air Canada appears to be incommunicable from the UK). They refuse to be liable. This has upset me greatly.
I carried valuables (as most would recommend) within my hand luggage, and carefully placed it (in its laptop case in a bag in the overhead compartment), and sat on the window seat and blocked in with another passenger. Before i knew what was happening a very over zealous flight attendant was desperately trying to find spaces for other bags and 'rejigged' bags including mine to my horror as i then watched her ram a wheeled hard bag on top of mine!!!!!
On inspection i found my brand new mac and case holed and dented, and the Air Canada desk just looked away.

After numerous emails and nothing but automated emails later i got another (what looked like automated response) stating

'Airline Tariff regulations preclude any liability for damage to articles such as jewellery, cameras, electronic equipment, money, cellular phones, fragile or perishable items, business documents and other valuables regardless of the circumstances. With regret, we are unable to offer any compensation for such claims.'

On research i have come across something called the 'montreal liability aggreeement act' or some sort. I cannot believe i am left here with a damaged laptop and nothing to help me?! The whole journey was alittle bit of a nightmare!

You help would be greatly appreciated

MissJoeyDFW Mar 5, 2012 12:22 pm

When I am going on trips where I will have a lot of clothes I use compression bags. On trip home from Denver to Dallas someone removed one of my compression bags. This particular bag had most of my hiking clothes and outerwear gear. Very distressing and also expensive to replace. I went round and round with the airlines because the "luggage" wasn't missing. They finally paid compensation. It was an extremely annoying situation and is just torques me over the thieves and dishonest people that are out there going through my bags and stealing my stuff.

sfsouthbay Apr 30, 2012 7:45 pm

I'm dealing with a baggage delay situation with LH right now. They delayed my bag for 3 days (my trip was 4 days). The short story is they will reimburse 50% for clothing and 100% for toiletries. To get 100% I have to send everything back.

Does anyone know which LH company actually handles luggage? There seems to be four different companies listed in the state of NY:

LUFTHANSA SYSTEMS AMERICAS, INC.
LUFTHANSA SYSTEMS INFRASTRUCTURE SERVICES INC.
LUFTHANSA TECHNIK COMPONENT SERVICES LLC
LUFTHANSA TECHNIK LOGISTIK OF AMERICA LLC

oavcech Jun 13, 2012 1:32 pm

Baggage delayed 24 hours-Compensation?
 
My bag was delayed 24 hours by United which means that I did not had any clothes.
Thankfully on my carry-on I had brand new underwear. And although I used my pair of jeans, again :(, I had to buy a new shirt. Before doing this I called United and the told me I could spend up to 50 dollars in clothing and send the receipt to the United HQ. I bought a 42 dollar shirt but would really like to know if the letter with the receipt need to have any kind of information or if there is a form.

Have anyone gone through this?

Shimon Jul 12, 2012 10:30 am

Hi

I flew HKG-LHR with NZ connecting to ATH on the same ticket with A3. NZ in HKG screwed up the tagging of the suitcases and somehow got the wrong A3 flight. Not only that, the A3 flight they got was an inbound flight to LHR. Thankfully, I decided to go to the lounge before I went into London and spoke to the transfer desk to ensure my suitcases are transferred. At which point the mistake was noticed. It took many hours until it got sort out and I stayed in the lounge for 4 hours constantly being called to the front desk to be updated.

I arrived in ATH and 2 of my suitcases arrived with rerouted tags. A third one is missing and A3 have already filled in a missing luggage form and will get it to me as soon as possible.

I would like to know from the FT experts am I under the Warsaw or Montreal convention? What type of compensation if any do I get if one of three suitcases went missing? Should I have received any immediate compensation?

My entire ticket was SYD-AKL-PVG stop -HKG-LHR-ATH.

flyinhy Aug 6, 2012 1:18 am

AA Lost and then stolen
 
My 6:35 AM flight on AA from ORD-EWR July 26 was cancelled after leaving the gate and waiting for a rainstorm to clear. I missed my connecting international flight from EWR and it was rescheduled for July 31st. There were no available seats that day.I was told to look for my luggage on carousel #9. After it never appeared by 10 AM they said they would search for it. They looked for it under the wrong tag number due to incompetence of one of the baggage agents At 11:20 AM they realized that it was put on a 11:50 flight to EWR. They refused to pull the bag off the flight despite the 30 minute notice. Over the next few days multiple calls resulted in no one knowing where the bag was. When asked for the contents I stupidly told them there was an IPAD inside ( I suspect someone saw this note and...). I spent time at the airport until 2PM hoping to find the bag and/or to arrange for its delivery.Finally after sitting in AA baggage EWR for several days the bag was transferred to my ongoing international carrier at EWR and it was left there until I arrived for my flight on July 31st. When I arrived at my final destination I found that someone had removed my IPAD. When I called Newark about the theft they said it was not their problem and wouldn't even let me report the theft. I realize "no one is responsible" and the AA CItibank AMex card insurance coverage will deny the claim. The question I have is whther dur to the the incompetence of the bagge handling department there is someone to whom I can turn for compensation. The bag should have never left ORD as I never travelled that day. I ended using a different carrier to get to EWR.
Any suggestions would be appreciated

serfty Aug 6, 2012 3:42 pm

Since this was an international connection, it falls under the "Montreal Convention" and AA cannot deny responsibility for the loss of valuable/fragile items etc. such as an iPad.

See this post 81 from this very thread:

Originally Posted by KVS (Post 13498125)
From http://AirConsumer.DOT.gov/rules/webnotice_04012009.pdf
"We have become aware of tariff provisions filed by several carriers that attempt, with respect to checked baggage, to exclude certain items, generally high-cost or fragile items such as electronics, cameras, jewelry or antiques, from liability for damage, delay, loss or theft. A typical provision found in carrier tariffs and disclosed on carrier websites states that the carrier does not assume liability for loss, damage, or delay of "certain specific items, including: . . . antiques, documents, electronic equipment, film, jewelry, keys, manuscripts, medication, money, paintings, photographs . . . ."

Such exclusions, while not prohibited in domestic contracts of carriage, are in contravention of Article 17 of the Montreal Convention (Convention), as revised on May 28, 1999. Article 17 provides that carriers are liable for damaged or lost baggage if the destruction, loss or damage” occurred while the checked baggage was within the custody of the carrier, except to the extent that the damage "resulted from the inherent defect, quality or vice of the baggage." Article 19 provides that a carrier is liable for damage caused by delay in the carriage of baggage, except to the extent that it proves that it took all reasonable measures to prevent the damage or that it was impossible to take such measures. Although carriers may wish to have tariff terms that prohibit passengers from including certain items in checked baggage, once a carrier accepts checked baggage, whatever is contained in the checked baggage is protected, subject to the terms of the Convention, up to the limit of 1000 SDRs (Convention, Article 22, para.2.). Carriers should review their filed tariffs on this matter and modify their tariffs and their baggage claim policies, if necessary, to conform to the terms of the Convention. In addition, carriers should ensure that their websites do not contain improper information regarding baggage liability exclusions applicable to international service."


flyinhy Aug 6, 2012 5:01 pm

Thanks so much, now for another question
 
Thanks!!!
THe problem I am now having is that AA (besides quoting domestic policy and denying responsibility) is trying to say that they turned it over to the international carrier on "either July 26th or 27th" and that it would be "impossible" for it to be in AA's hands after the 27Th because i"t did not show up in any of their logs". He could not explain why I tended to believe the international carrier (ELAL)when they said they did not receive it until Saturday night the 28th since they are not open on Fridays or Saturdays (until after sundown) and the bag arrived at EWR after the last Thursday flight left EWR. Any more great advice would be appreciated. They still have not filed a stolen item report since they are attempting to blame the theft on EL AL.




QUOTE=serfty;19071156]Since this was an international connection, it falls under the "Montreal Convention" and AA cannot deny responsibility for the loss of valuable/fragile items etc. such as an iPad.

See this post 81 from this very thread:[/QUOTE

Khai Tran Aug 9, 2012 7:25 pm

Hi guys,

I need some advise on what to do. I had a flight from London to Philadelphia with US Airways. When I arrived at Philadelphia, I stupidly misread the screen and assumed that I can reclaim my checked bag at the gate. However, I realized that I missed the baggage claim after I passed custom and they won't let me come back in to get the luggage. The airport staffs and US Airways workers assured me that my bag will be picked up and send to my final destination. I arrived to Denver with US Airways and then Denver to San Jose with United Air. Fast forward, when I come back to get my delayed bag the next afternoon, I found that many of my belongings are missing. Many of them are expensive clothes that I bought as well as souvenirs, a camera, and Ray Ban sunglasses. I also noticed that my TSA lock was opened and left unlocked(so only TSA has access to this). The theft seem like he has time because he selectively choose items that are more casual than dressy clothes as well as have time to take my camera as well as it battery that I kept separately in another compartment. I was told to file pilferage claim with United Airline(as they are the one that take me to my final destination and not US Airways). I am so devastated as many of these items are sentimental to me. Anyone has experience with stuffs missing from their luggage and how is it solved? Is this considered under Montreal Convention or Domestic? Please help!:confused::(


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