stekmer
Newbie
- Joined
- May 21, 2009
- Posts
- 9
AirAsia lost my partner's (or as she prefers to be known - wife) luggage on a Melbourne to KL flight on July 18th 2015.
Three weeks later they acknowledged that it was gone and offered US$20 per Kg as compensation (checked weight was 21 Kg) - citing their terms and conditions (T&C) for D7 flights. After repeated readings of the T&C - there is no reference to a flat amount per Kg (or any reference to lost luggage compensation amounts) although someone suggested it was in keeping with IATA rules.
We suggested that their offer was not consistent with any T&C that they had provided and that the rules under the Montreal Convention should apply.
Being new to the 'lost luggage club', I researched the rules for possible compensation, my readings pointing toward the Montreal Convention being the rules likely to apply and the compensation being for replacement of items up to a maximum of just over A$2,000.
We estimated the case and contents to be around A$1,400 (full of Idul Fitri presents for family in Indonesia - hence the timing of the flight)
The travel insurance company (QBE via Westpac Altitudes Black) wont process any claims until the airline compensation has been settled - states so in the policy so no surprise.
Over the past 6 weeks it has been back and forth > back and forth > etc etc with AirAsia who are no acknowledging that compensation under the Montreal Convention is payable but only on items for which a receipt can be produced - and - withdrawing their earlier offer of US$20 per Kg.
They were made aware that we did not hold receipts for the majority of items but did offer credit card statements with Retailer and amount (not itemised obviously)
Like 99% of people I know - we don't have receipts for items purchased over a few months ago and don't routinely keep receipts for items of clothing, toiletries etc etc.
The AirAsia contracted Mishandled Luggage reps in Melbourne have been helpful but it is the KL based Lost Luggage side that we now have to deal with.
My fear is that;
Any suggestions / tips / recommendations greatly appreciated
Three weeks later they acknowledged that it was gone and offered US$20 per Kg as compensation (checked weight was 21 Kg) - citing their terms and conditions (T&C) for D7 flights. After repeated readings of the T&C - there is no reference to a flat amount per Kg (or any reference to lost luggage compensation amounts) although someone suggested it was in keeping with IATA rules.
We suggested that their offer was not consistent with any T&C that they had provided and that the rules under the Montreal Convention should apply.
Being new to the 'lost luggage club', I researched the rules for possible compensation, my readings pointing toward the Montreal Convention being the rules likely to apply and the compensation being for replacement of items up to a maximum of just over A$2,000.
We estimated the case and contents to be around A$1,400 (full of Idul Fitri presents for family in Indonesia - hence the timing of the flight)
The travel insurance company (QBE via Westpac Altitudes Black) wont process any claims until the airline compensation has been settled - states so in the policy so no surprise.
Over the past 6 weeks it has been back and forth > back and forth > etc etc with AirAsia who are no acknowledging that compensation under the Montreal Convention is payable but only on items for which a receipt can be produced - and - withdrawing their earlier offer of US$20 per Kg.
They were made aware that we did not hold receipts for the majority of items but did offer credit card statements with Retailer and amount (not itemised obviously)
Like 99% of people I know - we don't have receipts for items purchased over a few months ago and don't routinely keep receipts for items of clothing, toiletries etc etc.
The AirAsia contracted Mishandled Luggage reps in Melbourne have been helpful but it is the KL based Lost Luggage side that we now have to deal with.
My fear is that;
- AirAsia will refuse to pay for anything that does not have a receipt
- Have withdrawn their earlier offer of US$20 per Kg
- Will refuse any payment based on us seeking to pursue greater compensation than their initial offer
- Will be impossible to pursue through any channels to gain any compensation
- QBE will refuse to pay anything as the airline compensation can not be finalised
Any suggestions / tips / recommendations greatly appreciated
