baggage blues with virgin taking no responsibility

[varuna]

Has anyone come across virgin blues "shrug off responsibility" way of dealing with baggage damage?
My wife had a pair of orthopaedic shoes damaged in the baggage. There was a dent mark on the toe cap area and they now cannot be used. Jeremy of the customer relations says that he "cant help because it cannot be proved that the shoes were damaged whilst it was under their control. Baggage does move in turbulence. As the bag itself was not damaged cant offer any compensation. Your baggage is supposed to protect the contents".

So what are we supposed to accept. That they take no responsibility unless one can prove that their handlers or agents caused it to be damaged? Ever seen how they dump luggage on the conveyor belt?

What a shallow and immoral way of doing business! I am disgusted.
May be a on time airline but way off the mark in ethical and moral behaviour.

 

[serfty]

G'day varuna, welcome to AFF.

This is one of the topics I am quite well versed, but here I really cannot assist.

I think you are pretty unlucky for such damage to have occurred without causing damage to the bag/case.

Most major airlines have policies that cover damage to checked luggage ONLY when the case/bag that was checked is also exhibiting damage. This is industry standard.

This is exactly what you have come across.

Here's a link to Virgin Blue's version:

• "Conditions of Carriage"

Aside from the above, the following clause does not help you at all:

14.5 All Bookings: The Carrier does not accept the following items as Registered Baggage and does not accept liability for their loss or damage unless the items are identified to the Carrier and it has, in its absolute discretion, given its written acceptance for carriage and accepted liability in writing for their loss or damage:
...
(g) Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air. ...

Given the shoes were damaged while packed inside a checked bag, the implication is such packaging was insufficient to protect the shoes.

Still, not all is lost. None of the above precludes you from taking steps in common law or with consumer organisations to recover your loss.

 

[drron]

Welcome to AFF.
However look at it the other way.Say you worked for an airline,a bus company or a taxi firm and someone comes along saying this item of mine was damaged in my suitcase whilst under your care and there is no mark on the case.You have not seen the item before so can you be sure it is your responsibility.What was the condition when it was packed?How can the transporter know this?
Also if you are aware of how bags are treated then dont you have some responsibility to make sure any valuable items are better protected?I know mrsdrron's better shoes are encased in protective layers of clothing when in a suitcase.
Travel insurance may be the answer.

 

[clifford]

I suppose this is exactly what can happen when you use soft sided suitcases. They don't mark, but the contents do.

 

[Travel Guru]

I think i'd have to side with Virgin Blue on this one, if the bag itself wasn't damaged, then really, I think you need to accept the majority of the responsibility to poor packing.

Every time I pack my suitcase with something fragile, I know full well it may not survive the trip, but nowhere in my mind do I expect the airline to be responsible for what I do or do not put in my suitcase.

I think i'd use it as a learning experience and forget about it.

TG


p.s. Admin, I don't think it's appropriate to be mentioning individuals names when referring to Virgin Blue, perhaps edit that. TG

 

[varuna]

to Travel Guru,

You assume poor packing! The suitcase also has rigid and pretty high sides. However since its top is not totally rigid I guess it wont prevent a handling casualty. The shoes are very sturdy and certainly not "fragile". We do take our fragile stuff by hand. Have travelled to many countries and over many years and have used this same suticase in some o the more recent travel to Europe, Thailand and Vietnam. So I think your assumptions are not "quite" valid.

Nevertheless, I have certainly moved on. Perhaps insurance is a better option.

DrRons comments on wrapping in clothing, is something that we normally do. But on this occassion the shoes were on top of the bag. Bad Luck in our case.

The comments I have read are interesting and I am, I guess a wiser traveller.

I only pass on a warning to other travellers to be wary of expectations of care in baggage handling, suitcase strength and airline's response to claims and of course the industry standard that is applied.

I think this one is CLOSED!!!