UA Bag Loss (asked to wait, and then) Claim Denial
#16
Join Date: Mar 2007
Location: CLE
Programs: UA Gold, HH Diamond, Marriott Gold
Posts: 3,662
With the bar code tracking, it should be easily found. I watched UA input bar codes as they took bags from the area where they are put before boarding and then as they loaded those bags into the cargo hold. While I suppose it's easy to miss inputting a code where the baggage looks like it contains valuable items, it might be easy to "miss" inputting the bar code and taking the items from the luggage. And of course their waiver for expensive items lets UA off the hook.
#17
FlyerTalk Evangelist
Join Date: Jul 1999
Location: Ewa Beach, Hawaii
Posts: 10,909
Based on the website link it looks like, technically, I am out on my own. I hope they recorded some of these calls as I have no proof. My mistake not checking.
Called my home insurance just now, as suggested above, and they said I should first take it with the credit card. It was a Chase UA card. Will call them tomorrow. This may work better as I did not claim any electronics with UA because I was told they don't cover that. There was an iPad in there.
My iPad (in the lost bag) was showing LAX as its location for over two weeks and then disappeared (probably battery drain). Never came back to life. That is why I was hopeful I would get the bag back, as it was at the airport the entire time I could trace my iPad.
Active iPad in checked bag? It was a gate check I was forced into by an FA with a bad attitude. But that is another story.
Called my home insurance just now, as suggested above, and they said I should first take it with the credit card. It was a Chase UA card. Will call them tomorrow. This may work better as I did not claim any electronics with UA because I was told they don't cover that. There was an iPad in there.
My iPad (in the lost bag) was showing LAX as its location for over two weeks and then disappeared (probably battery drain). Never came back to life. That is why I was hopeful I would get the bag back, as it was at the airport the entire time I could trace my iPad.
Active iPad in checked bag? It was a gate check I was forced into by an FA with a bad attitude. But that is another story.
#19
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
#20
fomerly known as LandingGear (not Landing Gear)
Original Poster
Join Date: Feb 2011
Posts: 833
I told the one I spoke with on the phone (as well as when I stopped by at the airport office after a week) that I can find the iPad still in LAX, so likely the bag is at the airport.
That was my big hope, that it was not stolen and I will find it. Of course, they thought it was good news as well, that the bag is still at the airport.
Chase sent me some attachments I have to complete. What fun. Thanks everyone for the tips. It never occurred to me that my home insurance covers this nor that I should call the credit card. I have had bags delayed and airlines paid incidentals but first time I lost a bag. I was in denial.
Thank you for the DOT tip as well.
That was my big hope, that it was not stolen and I will find it. Of course, they thought it was good news as well, that the bag is still at the airport.
Chase sent me some attachments I have to complete. What fun. Thanks everyone for the tips. It never occurred to me that my home insurance covers this nor that I should call the credit card. I have had bags delayed and airlines paid incidentals but first time I lost a bag. I was in denial.
Thank you for the DOT tip as well.
#21
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
I told the one I spoke with on the phone (as well as when I stopped by at the airport office after a week) that I can find the iPad still in LAX, so likely the bag is at the airport.
That was my big hope, that it was not stolen and I will find it. Of course, they thought it was good news as well, that the bag is still at the airport.
Chase sent me some attachments I have to complete. What fun. Thanks everyone for the tips. It never occurred to me that my home insurance covers this nor that I should call the credit card. I have had bags delayed and airlines paid incidentals but first time I lost a bag. I was in denial.
Thank you for the DOT tip as well.
That was my big hope, that it was not stolen and I will find it. Of course, they thought it was good news as well, that the bag is still at the airport.
Chase sent me some attachments I have to complete. What fun. Thanks everyone for the tips. It never occurred to me that my home insurance covers this nor that I should call the credit card. I have had bags delayed and airlines paid incidentals but first time I lost a bag. I was in denial.
Thank you for the DOT tip as well.
#22
Join Date: Feb 2008
Programs: 6 year GS, now 2MM Jeff-ugee, *wood LTPlt, SkyPeso PLT
Posts: 6,526
I also seriously doubt that a 46 page set of rules that ARE NOT GIVEN TO HIM WITH HIS TICKET, and are not part of the "fare rules" that you can see on the web-site when you buy the ticket from UAL will be worth the paper they are printed out on in a CA court.
IMHO the "rules" would need to be on the SAME sheet he SIGNED or acknowledged having read (as with a pre-printed form) for them to be given any currency by a California Court. Even then a Court might not enforce a rule like this even on a pre-printed form. Something not made available to him upon purchase and that he is not told to review or he waives legal rights? Good luck enforcing that in a California Court.
Now if he lived in some state like Texas, he can just bend over, Texas does not really have courts of "justice", but California does...
#23
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
Given that the bag ended up at LAX (where I assume the OP resides) any dispute is under CA law. I have no doubt that in CA, if the OP says that UAL kept telling him to wait, and given his seeing it at LAX for two weeks, that any court will find in his favor.
I also seriously doubt that a 46 page set of rules that ARE NOT GIVEN TO HIM WITH HIS TICKET, and are not part of the "fare rules" that you can see on the web-site when you buy the ticket from UAL will be worth the paper they are printed out on in a CA court.
IMHO the "rules" would need to be on the SAME sheet he SIGNED or acknowledged having read (as with a pre-printed form) for them to be given any currency by a California Court. Even then a Court might not enforce a rule like this even on a pre-printed form. Something not made available to him upon purchase and that he is not told to review or he waives legal rights? Good luck enforcing that in a California Court.
Now if he lived in some state like Texas, he can just bend over, Texas does not really have courts of "justice", but California does...
I also seriously doubt that a 46 page set of rules that ARE NOT GIVEN TO HIM WITH HIS TICKET, and are not part of the "fare rules" that you can see on the web-site when you buy the ticket from UAL will be worth the paper they are printed out on in a CA court.
IMHO the "rules" would need to be on the SAME sheet he SIGNED or acknowledged having read (as with a pre-printed form) for them to be given any currency by a California Court. Even then a Court might not enforce a rule like this even on a pre-printed form. Something not made available to him upon purchase and that he is not told to review or he waives legal rights? Good luck enforcing that in a California Court.
Now if he lived in some state like Texas, he can just bend over, Texas does not really have courts of "justice", but California does...
And I say all that even though I agree with you in the end, that the OP was entitled to rely on the representations of UA's agents.
#26
Join Date: Nov 2013
Programs: UA 1K, Marriott Gold, Hilton Gold
Posts: 223
#27
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
I have never heard of a person who has had their premiums raised as the result of a lost baggage claim. If you have data, it would be good to know.
#28
Join Date: Oct 2007
Location: BOS
Programs: UA MM
Posts: 1,581
Many years ago, UA tried to pull this stunt on me. I sent a nice letter, can't recall to whom exactly, pointing out that I flew UA all the time, I trusted them with my bag, they lost it, I told them in a timely fashion and listed many distinguishing items in the bag so they could ID it if name tags were gone. I said they admit they lost my bag, they should do what is right and pay me per their reimbursement policies. They did.
But that was long ago when UA really cared about their elites. And I'd never trust them again with the "just wait a while to see if we can find it" nonsense.
But that was long ago when UA really cared about their elites. And I'd never trust them again with the "just wait a while to see if we can find it" nonsense.
#29
Join Date: Jul 2008
Location: Maryland
Programs: United, Turkish
Posts: 640
UPDATE United has found the bag in dayton Ohio sent to to HNL and then "entrusted it" to some kind of ly by night bizarre firm. UA says they have a 6 hour window to deliver the bag. When i asked why ihe said "its policy" Whose policy "the company" which company "the delivery company" but they are your contractor, so you had to agree to the policy even though it is unfair to the customer. He refused to accept that United had any responsiblity for their contractors and told me if I had a complaint to go to the website.
#30
Join Date: Feb 2008
Programs: 6 year GS, now 2MM Jeff-ugee, *wood LTPlt, SkyPeso PLT
Posts: 6,526
There is massive federal preemption when it comes to this stuff. And the CoC really does matter. Normal contract principles are only marginally relevant.
And I say all that even though I agree with you in the end, that the OP was entitled to rely on the representations of UA's agents.
And I say all that even though I agree with you in the end, that the OP was entitled to rely on the representations of UA's agents.
Put another way, if UAL incorporated the T of C quoted into their contract via the filed rate doctrine AND by reference and someone who had no dealings with UAL, did not file a claim, and suddenly came forth 6 months later and said they lost their bag, it might (probably would) fly. But once he started talking to UAL and filing paperwork, no way that the Aviation Consumer Protection Group at DOT or most court's will find it a defense.