Delayed luggage compensation - TG

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Therma

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I had a look at previous threads but did not find one that closely match my problem.

Early January I flew TG SIN -LAX J via BKK. In BKK I had a 3 hour stopover, but apparently it was not enough for my luggage to make connection. After waiting for 3 hours in LAX, I was told to fill out a form and got kicked out of the airport (it was 8 degrees outside) in a t-shirt. All my warm clothes were in suitcase, together with toiletries, business attire, etc.
I was told my suitcase did not meet connection but will be delivered on the next flight. I drove off to San Diego shivering and miserable. Over next day I kept on calling TG but they could not give me an idea of where my luggage was. In the morning I had to buy some toiletries and basic clothes (underwear, socks, etc). My colleagues loaned me some warm clothes. As the evening black tie party was approaching I called TG and was told my luggage was somewhere but they were not sure where. So off to department store again, where I had to buy some shoes, a suit, a couple of business shirts. I went for the cheapest acceptable attire that would get me through 2 days of business meetings. All up over my 2 trips I spent over 600 US ( and all the clothes were on sale!). Next day my luggage was also nowhere to be seen, with LAX staff denying all knowledge of it. As I was about to make my next trip to Macy's in the evening it miraculously surfaced in my room, even though noone knew where it was!

When I got back to LAX the check in staff were very appologetic and got in touch with the customer relations manager who "promised to look after me". The photocopied all my receipts and even the schedule of my business meetings, to ascertain that my purchases were absolutely essential.

For the nex 2 months I kept on leaving messages on the voicemail of lovely Khun Abha in LA TG office and she kept on not answering them.
This week I got in touch with TG Singapore, who got in touch with TG LA. They are going "above their usual compensation amount" since I was in J and compensating me USD 200 for the clothes which I will hardly wear again.

When my bosses wife went to Germany a year ago with LH for a wedding and her luggage was delayed, she had to buy a dress and shoes. LH compensated her well over $1000 SGD. This was on Y redemption ticket!

I am not happy with the whole situation. Company does not provide insurance beyond the one that comes with corporate AMEX that pays for the airfares. I was offered by my manager to put in a claim for the full amount and be reimbursed by the company in full. I however do not see why my company has to bear the expense caused by TG incompetence. My (recovered) suitcase was also delayed on the way back from LA.

Does anyone have similar experience and how did you handle it? Is there any way I can escalate the issue within TG?
 

simongr

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My lugagge waas delayed/lost twice on a 3 week business trip so I forked out a heap of cash. In the end my employers insurance kicked in to cover the A$3600 I spent (I had to replace the clothes that had been replaced and were in the lost luggage amusingly). AY paid A$1700 of the first claim (I assume direct to the insurers) but AA only paid a nominal US$100 as I had not had pre-approval from AA staff (not sure where I was to get that on arrival at JFK at 1AM...)
 

serfty

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There's a very good thread on FT re this:

Your "bosses wife" departed from Europe and was entitled to compensation of up to AUD1735 as her travel was
subject to the "Montreal Convention".

Unfortunately, Thailand does not appear to be a signatory to the Montreal Convention, so the "Warsaw Convention" should apply.

Basically,the Warsaw convention allows for maximum compensation based on the weight of your baggage. This is defined as 17 XDR's per Kilogram.

At current exchange rates, 1.00 XDR = AUD1.75350, so that's a bit less than AUD30 per kg.

It's a shame your booking did not commence in SIN as the "Montreal Convention" would have applied and you would have been entitle to compensation up to 10 XDR's or AUD1,735.
 

serfty

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simongr said:
... AY paid A$1700 of the first claim (...
That's in line with the Montreal Convention.

Note, Australia is not a signatory to the Montreal Convention, so the Warsaw Convention applies for all travel to/from Australia, unless it's on an EU-based carrier.

So if travelling LHR-SYD on BA and they "lose"/"delay" your 23 KG bag you may be entitled to compensation of up to AUD1735 - If on QF you may be entitled to compensation of up to AUD685.
 

Therma

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serfty said:
There's a very good thread on FT re this:
Your "bosses wife" departed from Europe and was entitled to compensation of up to AUD1735 as her travel was
subject to the "Montreal Convention".

Unfortunately, Thailand does not appear to be a signatory to the Montreal Convention, so the "Warsaw Convention" should apply.

Basically,the Warsaw convention allows for maximum compensation based on the weight of your baggage. This is defined as 17 XDR's per Kilogram.

At current exchange rates, 1.00 XDR = AUD1.75350, so that's a bit less than AUD30 per kg.

It's a shame your booking did not commence in SIN as the "Montreal Convention" would have applied and you would have been entitle to compensation up to 10 XDR's or AUD1,735.

Actually my flight did commence in SIN. BKK was just a stopover point for me and for my luggage. Does that make a difference?

With luggage being around 22 kg I should get around 660 AUD, if that calculation is followed. My boss's wife also left ex Singapore
 

simongr

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Interesting - my flight(s) where bags were delayed were:

SYD-HKG QF in F
HKG-FRA CX in J
FRA-HEL AY in J
HEl-LHR AY in J

Lets just say doing a mileage run does not tally with checked luggage ;)
 

serfty

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Therma said:
... My boss's wife also left ex Singapore
In this case, her carrier being EU-based (LH) overides any country of origin/destination issues.

Therma said:
With luggage being around 22 kg I should get around 660 AUD, if that calculation is followed. ... Actually my flight did commence in SIN. BKK was just a stopover point for me and for my luggage. Does that make a difference?
In this case $660 is the maximum for Warsaw related bagge issues.

As for starting in SIN or not, this post from the thread I referred to is a good start:

  • 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...
It depends upon your booking. If travel commenced in SIN for a "round trip", or began in SIN and ended in the USA for a "one way trip" then Montreal applies.

If it began in BKK, than Warsaw gets the guernsey.
 

Therma

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serfty said:
In this case, her carrier being EU-based (LH) overides any country of origin/destination issues.

In this case $660 is the maximum for Warsaw related bagge issues.

As for starting in SIN or not, this post from the thread I referred to is a good start:
It depends upon your booking. If travel commenced in SIN for a "round trip", or began in SIN and ended in the USA for a "one way trip" then Montreal applies.

If it began in BKK, than Warsaw gets the guernsey.


My flight started and finished in Singapore and was booked by my Singapore travel agent. At the moment I am awaiting a letter from TG with a release form so that I could receive my pound of flesh.

If the airline handled it better and more promptly I would not be so fussed. $600 US will hardly save me. It is the sheer incompetence of TG that is now driving me. They previously lost my luggage on the way to India and also made it next to impossible to trace it (call Delhi/call Mumbai/call Hyderabad/call BKK/ our computer is down/come back tomorrow) but at least they compensated me before I left the country, and it being India 170 US was enough for some reasonably decent clothes for 3 days.
I do not beleive that 2 months of phonecalls should go unanswered, nor that in computer age luggage cannot be traced. I was lucky that I had a rental car to go shopping and did not have my meetings start first thing in the morning (I arrived late in the evening), otherwise I would have been washing my T-shirt and intimates in the bath tub and wearing jeans and sneakers to the meetings. I was not offered any compensation or toiletry pack in LAX, and was lucky that the hotel was well supplied and topped me up with deodorant and shaver.
Now it looks like they are avoiding their Montreal responsibilities.
Let me get the letter and see the wording. I will pounce on it afterwards.
 

oz_mark

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In the ultimate thread it does mention that TG:

'it is reported that TG, SQ are very stinky in paying any compensation'

I have only experienced the issue with Air Canada and they were as useless as anything when it came to helping out. Travel Insurance came to the rescue in my case.
 

serfty

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My flight started and finished in Singapore and was booked by my Singapore travel agent. ...
This is not really relevant.

e.g. What's may be more important whether your booked travel originated in SIN or BKK.
 

Therma

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serfty said:
This is not really relevant.

e.g. What's may be more important whether your booked travel originated in SIN or BKK.

Everything was ex Singapore: travel was booked ex Singapore by Singapore travel agent through TG Singapore originating in Singapore. BKK was only to change planes (and lose luggage):mrgreen:
 

serfty

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Therma said:
Everything was ex Singapore: ...
If the ticket indicated originating travel ex SIN, then recontact TG and quote "Montreal" - be aware they probably may not (or won't want to) understand since it's Thai.

Don't ask for $1.7K, ask for full compensation. (This can be up to $1.7K under "Montreal")
 

Therma

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serfty said:
If the ticket indicated originating travel ex SIN, then recontact TG and quote "Montreal" - be aware they probably may not (or won't want to) understand since it's Thai.

Don't ask for $1.7K, ask for full compensation. (This can be up to $1.7K under "Montreal")

They already have my receipts to the tune of USD 650 or thereabouts. Of course my mental anguish, lost time getting new rags and beating off hordes at the luggage carousel at LAX, numerous phonecalls and freezing off my proverbials in LAX are priceless (figuratively speaking). Not to mention wearing a tacky Macy's suit at the same table as CEO (it was the only one that was kinda not made for disproportionate people, and was ok in dim light - this is all you can chose in 20 minutes between opening time and having to head back to hotel for the meetings). I would just be happy for an appology (keep on dreaming with TG I guess) and reimbursement for my actual expenses
 

serfty

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I hope you only provided copies of the documentation, or at least, kept copies yourself.

It's up to you if you wish to spend the time and effort needed pursue this "above their usual compensation amount".

If so, then contact them again advising them the Montreal convention applies as your travel was ex SIN - under which you are entitled to compensation of up to 1000 "Special Drawing Rights.

Being Thai, the may then try Quoting Warsaw to you and state you are only entitled to compensation up to USD600 for your 22 Kg under this.

Anyways, it seems many Airlines have this philosophy that if they make it hard enough, most will simply go away.
 

simongr

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FInnair insisted on original receipts, as did AA and the insurers... someone didnt get the originals - I had scans though ;)
 

NM

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if your company chooses to self-insure instead of providing comprehensive business-type travel insurance for its employees, then I see no reason not to submit an expense claim against your company for the costs incurred. its obviously a risk they were willing to accept at the time they chose not to invest in suitable travel insurance.
 

Therma

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NM said:
if your company chooses to self-insure instead of providing comprehensive business-type travel insurance for its employees, then I see no reason not to submit an expense claim against your company for the costs incurred. its obviously a risk they were willing to accept at the time they chose not to invest in suitable travel insurance.

I guess I may take that avenue. I do have the original receipts, and will see what the content of the TG letter is (if I ever receive it). I probably have too much time in my lonely hotel rooms in the evening - there is only that much you can do in Manila or Mumbai after hours! I also believe the culprit should pay, especially if their attitude is so negative.
 

JohnK

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When my luggage was delayed for a week in August my Australian travel insurance said I was entitled to a maximum claim of A$250. So I spent €170 to buy 6 shirts, 2 pairs of trousers and some underwear. This was more than enough and when I finally got my luggage I had way too much to carry around with me on an escorted tour though Central Europe.

I think AA offered US$100 and if I had accepted this would have been deducted from my claim with the travel insurance. I am almost that the travel insurance provider would try to recover their costs from the airline at fault.
 

serfty

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JohnK said:
When my luggage was delayed for a week in August my Australian travel insurance said I was entitled to a maximum claim of A$250. ...
That $250 would be a policy limitation in the contract between you and your insurer/underwriter. It would not limit your legal right to claim up to the Warsaw/Montreal treaty limits.

There is no doubt the underwriter would endeavor to recover from the carrier the $$ paid to you under the appropriate treaty.

If your cost for the delayed/lost baggage was more than $250, it would be up to you to pursue the carrier for recovery of your losses/costs (up to the relevant treaty limit).
 

JohnK

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serfty said:
If your cost for the delayed/lost baggage was more than $250, it would be up to you to pursue the carrier for recovery of your losses/costs (up to the relevant treaty limit).
It was more than enough for delayed luggage.

If the bag was lost it would be a different story.
 
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