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The Ultimate Baggage Lost / Delayed / Stolen / Damaged Thread

The Ultimate Baggage Lost / Delayed / Stolen / Damaged Thread

Old Jan 12, 07, 7:56 am
  #1  
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The Ultimate Baggage Lost / Delayed / Stolen / Damaged Thread

I think I am not the only one who gets hit by Lost, delayed , damaged bags etc. etc.
As I couldn’t find a good sticky or guide on FT, I thought I would share my expirience with others and I am asking others to help to post more details in this thread.

A good link to start reading is here
http://www.caa.co.uk/default.aspx?ca...90&pageid=3316




There is since 2004 the Montreal Convention 06(http://en.wikipedia.org/wiki/Montreal_Convention) in place which improves passenger rights and makes the max. compensation amount a fixum of 1000 XDR .

XDR ? Never heard of it?

XDR = Special Drawing Rights , XDR was created to replace GOLD in international transactions.

http://de.wikipedia.org/wiki/XDR (German)
http://en.wikipedia.org/wiki/Special_Drawing_Rights (English)

XDR daily rates

http://www.tis-gdv.de/tis/bedingunge...szr2006.htm#51
http://www.imf.org/external/np/fin/d...portType=CVSDR


1.) Delayed Baggage

A Baggage is delayed if it did not arrive at your destination on time. To be able to claim compensation, your connection times at any airport has to be longer than the MINIMUM Connection time, and the baggage has to be interlined to your final destination.

You have to inform upon arrival and after the last bags did came out the airport staff inside the baggage claim hall ( for example in MUC it is at the end of the baggage claim area , or in NRT or PVG you can just inform any staff who is standing near your baggage claim )

1.1 Who is eliable for payment

If you do not life in the country you are flying to, than you are automatically eliable for compensation payment.

edited --

"If you life in the city where you are flying too and on your way home your baggage gets lost you do not get any compensation.

" This 'rule' is often quoted by airlines, but does not really exist. If you can prove that you actually required the items that were in the baggage, there is no reason why your claim should be handled any differently than if the baggage was lost/delayed on the outbound sector(s).


1.2 How much compensation do we get ?

1.2.1 Immediate Compensation

Most major carriers will pay you 100 USD immediate compensation, this will be paid cash in the local currency to you. The 100USD will later be deducted from the max. 1000 XDR amount if you claim delay compensation later.

LH HONs , (reported from a HON member ) LH HONs get not only 100USD immediate compensation but up to 300 Euro compensation at the airport.
For the immediate compensation you don’t have to sent the receipts of your items you did buy to the airline, as this money is normally used for things like tooth brushed etc. etc.

Some airlines are trying to provide you with and emergency kit.
Its up to the airline if they pay the 100USD immediate compensation to you.


(it is reported that TG, SQ are very stinky in paying any compensation, LH , OS, ANA and other airlines are very fast in compensation payments)



1.2.2 Delay Compensation

If your baggage is delayed you get a max. compensation of 1000 XDR, as the XDR is changing every day, you have to look up how much you will get on a specific date. The date of the paper form you get from the airline in the airport will be used for the XDR calculation. If the day you are flying is an Sunday/ Saturday /holiday, the next working day will be used.

1.2.3 Lost Compensation

Unfortunately the amount of 1000 XDR will be paid for delayed and lost baggage, as a baggage value is normally much more than this you should buy an extra compensation at the checkin counter to extend the insurance amount.

1.2.4 Eliable Items

Items you need for your living

i.e Clothes, huts , shavers, cosmetics etc. etc.

NON-eliable Items

 Jewels, Gold , Silver etc.
 Electronic articles ( computers , pdas, cameras, phones )
 sport items ( golf bags etc.) ,
 Credit Cards, Passports etc.

Here is a copy of LHs policy, i am sure that other carriers have similar policies.

* Fragile objects, meaning objects whose main element is by nature fragile, and sensitive objects in inappropriate packaging
* Perishable goods, if their perishable nature caused the damage. Liability is also excluded if due to delayed baggage delivery food must be destroyed for hygienic reasons or has gone bad when it arrives
* Cash, cheques, jewellery, precious metal, antiques
* Documents, such as business papers, passports, ID cards, data carriers such as floppy disks, CDs, DVDs, USB sticks, etc.
* In the case of total loss of patterns, data carriers and merchandise, liability is based only on the material and goods value. The resale value or loss of business deals are excluded from liability
* Laptops and PCs are entirely excluded from liability

http://www.lufthansa.com/online/port...nodeid=1769658



Damage caused by fragile objects in checked-in baggage is also excluded from liability.



2. How to claim Compensation

After your baggage is delayed , it is recoomendet wait some hours and than start shopping.
Normally the airline can tell you after 1-2 hours when your baggage will arrive.
You can start immidately as you always can argue that you needet the things immediately as you had an reason , meeting , wedding whatever in which you needet an specific item. You do not have to wait 24 hours, you can shop already in the airport if needet. Most airlines will only pay you half the amount of your shopping receipts.
i.e if you shop for 2000 XDR, you will get only 1000 XDR from the airline. You have to pay the rest, but in this case you do not have to sent the items to the airline, they are yours.

If you shop for 1000 XDR , you can sent the items to the airline and get the compensation of the full 1000 XDR you did spent, but this is not always working so you might want to get this in written from your airline.

You have inform the airline within 14days that you bought some items, the best is to sent all receipts via FAX to the airline. After that call or ask the airline to confirm that they did receive your letter and the copy of the receipts, if they don’t receive it, they don’t have to pay anything. Normally you get a claim number from the airline and you can easily call the airline and ask about the status of your claim.

! ATTENTION,

airline often ask for the original receipts . these are not always required. some passenger try to claim compensation not only with one airline , but with two airlines ore more. for this reason, the airlines tell you that you need to sent in the originals. but there is another way, normally you can get a letter from the airline which you have to sign, in this letter you are confirming that you did not, and you will not make the same claim with another airline .
if you have an privated insurance, these insurances are requesting the original receipts too, so you can tell the airline that you need the receipts as your insurance is paying you the rest of the money .
the airline will than sent you and letter you have to sign this and fax it back.

Often the orgiinal receipts will be kept by the TAX free companies! in this case, always make a copy in the hotel you stay before your departure . keep a copy of the tax refund formular and sent these documents via FAX to the airline , as you dont have the originals the airline will in this case accept your claim without originals if you can prove that you dont have them anymore.

(amex centurion and amex platinum member )
You first claim the 1000 XDR with the airline, and amex will pay you the rest of the amount up to their maximum amount for the items you bought.
you have to pay your whole trip with amex to get the money from amex, so this is a bit difficult if you flying on award / paid tickets etc.


For the rest I am not so informed , if anybody can help me here to complete just post a reply and I will than copy past it in this thread.

Thanks

4.) Stolen items

5.) Damaged Bags





Disclaimer: This is not legal advice and no liability is accepted for the summary info provided here. For legal advice in this complex area of law, please consult your own legal counsel.

Last edited by derpelikan; Jan 22, 07 at 8:16 pm
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Old Jan 12, 07, 7:58 am
  #2  
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reserved

FAQ: Which Convention applies?:

* If the flight is operated by an EU-based carrier, regardless of origin/destination, the liability provisions of the Montreal Convention always apply

* If you are travelling on a round-trip ticket, originating from a country, which IS a party to the Montreal Convention*, and your ticket contains at least one international segment, the Montreal Convention applies.

* If you are travelling on a one-way ticket, originating from a country, which IS a party to the Montreal Convention*, your ticket contains at least one international segment, and the destination country IS also a party to the Montreal Convention*, the Montreal Convention applies.

* If none of the above applies and your ticket contains at least one international segment, the Warsaw Convention applies.

* If none of the above applies and you are travelling within the same country, the country-specific laws apply (e.g. in the US, the liability limit is $2800 USD per PAX, set by the FAA).

(*) To determine the status of a particular state, refer to the [Date of entry into force] column in the following table: http://www.ICAO.int/icao/en/leb/mtl99.pdf




Contact data, Service numbers, check your lost baggage status



*Alliance


Lufthansa (LH )

Haftung und Versicherung / Liability and Insurance
http://www.lufthansa.com/online/port...nodeid=1756451
http://www.lufthansa.com/online/port...nodeid=1769658

Lost or damaged baggage
http://www.lufthansa.com/online/port...nodeid=1769670

TEL/ Hotline
+49 - 1 80 - 57 47 402 (12 cent/min from a German landline)

Baggage tracing online
http://www.worldtracer.aero/filedsp/LH_en.htm

Compensation Policy:

1.) Immediate Compensation at the Airport , 100 Euro for non-status , LH / SEN , 300 Euro for HON in Germany
2.) 1000 XDR compensation max. You can shop for a max. of 2000 XDR and get back half of the shopping of 1000XDR, you can keep the items. (100% refund on Gebrauchsgegenstaende like shavers , toothbrushes etc. , rest only 50% refund )



Austrian Airlines (OS) , AUA

Haftung und Versicherung / Liability and Insurance


Lost or damaged baggage



TEL/ Hotline

AUSTRIAN AIRLINES GROUP
Customer Relations
Baggage Claims
P.O. Box 33,
A-1300 Vienna Airport
Phone +43 (0)5 1766 66766
Fax +43 (0)5 1766 66750

email: [email protected]


Baggage tracing online
http://www.aua.com/de/deu/about_flight/baggage+trace/


Compensation Policy:

1.) Immediate Compensation at the Airport , 100 USD
2.) 1000 XDR compensation max. You can shop for a max. of 2000 XDR and get back half of the shopping of 1000XDR, you can keep the items. (100% refund on Gebrauchsgegenstaende like shavers , toothbrushes etc. , rest only 50% refund )


AIR FRANCE

Haftung und Versicherung / Liability and Insurance

http://www.airfrance.com/double6/BE/...s?OpenDocument

Lost or damaged baggage


TEL/ Hotline

From Belgium: 070/ 70 07 78
From France: 0825 895 861
From 07h30 to 22h00 / 7 days a week

mail:

Air France
Service Baggage CDG-LZ
Aéroport Charles de Gaulle
BP 10201
95 703 Roissy Charles-de-Gaulle Cedex
France

Air France
Service Assistance Bagages
TSA 13002 60 035 Beauvais Cedex
France


Baggage tracing online

Compensation Policy:

1.) Immediate Compensation
2.) 1000 XDR compensation max.

---------------------------------------------------


DELTA

Haftung und Versicherung / Liability and Insurance

http://www.delta.com/baggage/travel/...ex.jsp#delayed

Lost or damaged baggage


TEL/ Hotline

Fax: 888-880-3412

mail:

Delta Air Lines
Central Baggage Service
Corporate Customer Care
P.O. Box 20598
Atlanta, Georgia 30320-2598


Baggage tracing online

http://www.delta.com/baggage/travel/...ex.jsp#delayed

Compensation Policy:

1.) Immediate Compensation
2.) 20 USD / per KG or US rules

-----------------------------------------------

British Airways (BA)

Haftung und Versicherung / Liability and Insurance

http://www.britishairways.com/travel...v/public/en_gb

Lost or damaged baggage

http://www.britishairways.com/travel...n/public/en_gb

TEL/ Hotline
?
Online Form

http://www.britishairways.com/travel...gage_claim_uki

Baggage tracing online

http://www.britishairways.com/travel...n/public/en_gb

Compensation Policy:

1.) Immediate Compensation
2.) 1000 XDR compensation max.

Bruessels Airlines (SN)

Haftung und Versicherung / Liability and Insurance

[URL="http://www.brusselsairlines.com/en_de/my-travel/practical-information/Default.aspx?item=19984#piTitle[/URL]

[B]Lost or damaged baggage[/B]

[URL="http://www.brusselsairlines.com/en_de/my-travel/practical-information/Default.aspx?item=19984#piTitle[/URL]

[B]TEL/ Hotline [/B]
003227238110

[URL="http://www.brusselsairlines.com/en_de/my-travel/practical-information/Default.aspx?item=20483#piTitle[/URL]

[B]Compensation Policy:[/B]

1.) If Luggage damaged, pickup and repair or new bag
2.) 1000 XDR compensation max.


[COLOR="Plum"]
Disclaimer: This is not legal advice and no liability is accepted for the summary info provided here. For legal advice in this complex area of law, please consult your own legal counsel.[/COLOR]

Last edited by derpelikan; May 11, 10 at 5:55 am Reason: Addet OS , LH, BA,
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Old Jan 12, 07, 7:58 am
  #3  
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for add. information
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Old Jan 12, 07, 5:35 pm
  #4  
KVS
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This thread is certainly a great idea!

Now, a few corrections:
  1. The Montreal Convention does not actually provide for any "compensation". It only deals with reimbursement for damages. You cannot be "compensated" for intangible things, such as inconvenience, etc.

    Furthermore, the Montreal Convention does not apply in all cases.


  2. Re: "You get 100 USD immediate compensation". This is an advance payment that airlines are not required to make, but some do. There is no standard, and the guidelines vary by airline.


  3. Re: "If you life in the city where you are flying too and on your way home your baggage gets lost you do not get any compensation." This 'rule' is often quoted by airlines, but does not really exist. If you can prove that you actually required the items that were in the baggage, there is no reason why your claim should be handled any differently than if the baggage was lost/delayed on the outbound sector(s).
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Old Jan 21, 07, 12:23 am
  #5  
Sus
 
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I'm not quite sure how what to get from this thread?

A week ago I flew with BA/CX from CPH to MNL. My luggage never made it further than Heathrows - which I have come to understand is quite normal for Heathrow (and the reason why I will try to avoid this airport from now on).

In Manila I was told that nobody knew where my luggage was - and couldn't give me any idea of when they would know. I had a connecting domestic flight and had to leave but asked for compensation since all my belongings exept the laptop was left somewhere between CPH and MNL. They said they could only give me 1200 peso (24 $). And those I didn't even get because then I would miss my connecting flight.

I called and called CX for my luggage and finally was told that it had arrived in MNL but that there would be no available domestic flights within two more days. I then visited the local offices and they told me that they had plenty of flights available. Then called back to CX and demanded to have my luggage send within 24 hours which they then did. But still no word of compensation at all.

It took about two days before I could pick up my luggage.

What would you say that I am intitled to according to those rules that perhaps are not really rules?

Mostly I am angry about the treatment, the lying and the lack of effort. But if will try to get some compensation.
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Old Jan 22, 07, 10:57 am
  #6  
KVS
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Originally Posted by Sus View Post
It took about two days before I could pick up my luggage.

What would you say that I am intitled to according to those rules that perhaps are not really rules?

Mostly I am angry about the treatment, the lying and the lack of effort. But if will try to get some compensation.
I am afraid there is no "compensation" entitlement for bad "treatment, the lying and the lack of effort".

If you needed items (e.g. clothing) from you delayed baggage and have purchased replacements in MNL (and kept the receipts), you could have claimed those costs (as explained above).

BTW, welcome to FT and pls keep in mind that cross-posting the same message across multiple forums is not a good idea, especially without making a reference to the other thread: http://www.flyertalk.com/forum/showt...97#post7060697
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Old Jan 22, 07, 11:02 am
  #7  
KVS
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Originally Posted by derpelikan
well,
as i understand it, if baggage is delayed, and you buy other clothers etc. for 2000 XDR, they are normally paying half of that amount.
The "paying half" part is LH's internal policy, which, AFAIK is not based on anything. Technically, LH is fully-entitled to require you to return/sell 100% of the newly-purchased items (just like you are entitled to get 100% of the purchase costs reimbursed). So [LH's Net Liability] = [Cost of the replacement items purchased] - [Salvage value of the replacement items].

Originally Posted by derpelikan
it would be helful to know which airlines fall into which convention.
This info is to follow in the next post:
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Old Jan 22, 07, 11:30 am
  #8  
KVS
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Arrow FAQ: Which Convention Applies

FAQ: Which Convention applies?:
  • [*]
  • [*]
  • [*]
  • [*]
(*) To determine the status of a particular state, refer to the [Date of entry into force] column in the following table: http://www.ICAO.int/icao/en/leb/mtl99.pdf

________________________________________

Disclaimer: This is not legal advice and no liability is accepted for the summary info provided here. For legal advice in this complex area of law, please consult your own legal counsel.
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Old Jan 22, 07, 7:29 pm
  #9  
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well

Originally Posted by Sus View Post
I'm not quite sure how what to get from this thread?

A week ago I flew with BA/CX from CPH to MNL. My luggage never made it further than Heathrows - which I have come to understand is quite normal for Heathrow (and the reason why I will try to avoid this airport from now on).

In Manila I was told that nobody knew where my luggage was - and couldn't give me any idea of when they would know. I had a connecting domestic flight and had to leave but asked for compensation since all my belongings exept the laptop was left somewhere between CPH and MNL. They said they could only give me 1200 peso (24 $). And those I didn't even get because then I would miss my connecting flight.

I called and called CX for my luggage and finally was told that it had arrived in MNL but that there would be no available domestic flights within two more days. I then visited the local offices and they told me that they had plenty of flights available. Then called back to CX and demanded to have my luggage send within 24 hours which they then did. But still no word of compensation at all.

It took about two days before I could pick up my luggage.

What would you say that I am intitled to according to those rules that perhaps are not really rules?

Mostly I am angry about the treatment, the lying and the lack of effort. But if will try to get some compensation.
if you read carefully through the thread, you will learn how to claim and actually get the money from the airline.
of course it depends from which country you are fllying. if not the montreal convention is in place for that route, certainly the warshow convention might be in place. the only difference is that the airline has to compensate you on your checked baggage KG amount ( its around 29USD per KG checked) so if you had 50KG checked in, you get around 1500USD compensation.

your case cleary discribes the IMMEDIATE COMPENSATION at the airport, the 29USD they did offer you was the immediate compesnation i reffered to, this is for toothbrushed etc.etc. .
after your baggae was 8 hours delayed, you could go shop and buy 1000 XDR worth of clothes and claim it back, sure the best is to ask the airline about the policy they have. most airlines let you buy stuff for 2000 XDR and pay you back 1000 XDR . you can keep the clothes in this case.
other airlines require you to sent back all items and than will pay you back the whole amount you did shop for.

dp
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Old Apr 23, 07, 4:23 pm
  #10  
 
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My Thanks and a few Questions

Thank you very much to derpelikan and KVS for the thread and the clarifications. ^ The information is very useful to me as I am in process of going back and forth with Alitalia over delayed baggage compensation.

My question is as follows: when does the dollar per kilogram compensation apply vs. the 1000 XDR maximum for all submitted receipts for necessary expenses apply? Or, is the dollar per kilogram for lost baggage and the 1000XDR maximum only for baggage that is delayed but found under 21 days?

Another question is: what takes precedence, the Montreal Convention or the EU Passenger Bill of Rights? Does the EU Passenger Bill of Rights include all that is covered in the Montreal Convention regarding delayed baggage?

For my situation, Alitalia has offered to reimburse 1/2 of my claim as compensation for bags delivered 48 hours after my arrival. I tried to get their policy locally in Italy and through their NY Office but was told that there is no one that can help me nor provide me with their policies on delayed baggage compensation. So I just bought what I needed to do my business the following day. I am only looking for reimbursement for the clothes and toiletries I had to buy and am finalizing my second letter to them now..hence the questions.

Thanks,
J
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Old Jun 15, 07, 11:53 am
  #11  
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hi

Originally Posted by LGA_Joe_YUL View Post
Thank you very much to derpelikan and KVS for the thread and the clarifications. ^ The information is very useful to me as I am in process of going back and forth with Alitalia over delayed baggage compensation.

My question is as follows: when does the dollar per kilogram compensation apply vs. the 1000 XDR maximum for all submitted receipts for necessary expenses apply? Or, is the dollar per kilogram for lost baggage and the 1000XDR maximum only for baggage that is delayed but found under 21 days?

Another question is: what takes precedence, the Montreal Convention or the EU Passenger Bill of Rights? Does the EU Passenger Bill of Rights include all that is covered in the Montreal Convention regarding delayed baggage?

For my situation, Alitalia has offered to reimburse 1/2 of my claim as compensation for bags delivered 48 hours after my arrival. I tried to get their policy locally in Italy and through their NY Office but was told that there is no one that can help me nor provide me with their policies on delayed baggage compensation. So I just bought what I needed to do my business the following day. I am only looking for reimbursement for the clothes and toiletries I had to buy and am finalizing my second letter to them now..hence the questions.

Thanks,
J
sorry for coming back so late, you should have pmed me if it was urgent.
actually the 1000 XDR should be in place if it alitalia.

the 1000xdr is for delayed and lost baggage. the time doesnt matter, but alitalia will wait 21days before they tag your baggage as lost.

you are entitled to 1000xdr, so if you spent 2000xdr, they will pay you back half of this amount .

dp
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Old Jun 30, 07, 7:53 am
  #12  
 
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I think that the more common abbreviation of Special Drawing Rights is "SDR" and not "XDR".

Feeback?
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Old Jun 30, 07, 9:58 am
  #13  
KVS
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Originally Posted by SuperFlyBoy View Post
I think that the more common abbreviation of Special Drawing Rights is "SDR" and not "XDR".
XDR is the proper currency code: http://www.xe.com/iso4217.php
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Old Jun 30, 07, 10:10 am
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Originally Posted by KVS View Post
XDR is the proper currency code: http://www.xe.com/iso4217.php
That's just the site I was looking for the exchange rate before I posted.

However, I could not find it in the currency converter section at xe.com...now found it - thanks!

Last edited by SuperFlyBoy; Jun 30, 07 at 11:07 am Reason: Exclamations removed, updated post for site...
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Old Jul 4, 07, 10:58 am
  #15  
 
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Great info!!

This is a great thread!

A couple months ago I had a camera and mobile phone stolen out of my locked luggage on flights from Uganda to London, via Nairobi and Amsterdam. I knew the items were stolen because the empty camera case was sitting on top of the clothes, etc. when I opened the suitcase. I called KLM when I reached the UK, but they told me to file a claim with NWA when I got home to the US. Apparently if your home address is the US you must file KLM claims with NWA.

I followed the procedure they required and 6 weeks later received a letter stating that they were not liable as their written policy did not cover cameras, electronics and so on. So, no compensation. Indeed, the KLM website does state this.
But, I wasn’t quite ready to let this go. I read this thread carefully, and pulled up some of the conventions and treaties listed. I then drafted another letter and listed 3 international and European treaties (because this ticket began and ended in the UK), and stated that these treaties outweigh airline policy.

http://www.jus.uio.no/lm/air.carriag...montreal.1999/

http://www.opsi.gov.uk/si/si2002/20020263.htm

http://eurlex.europa.eu/smartapi/cgi...002&nu_doc=889

I quoted “The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximate amount in local currency). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.”

To make an already long story short. I received a nice letter and check for the amount I asked for from the supervisor at NWA.
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