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- Jun 19, 2006
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Baggage issues come up on AFF from time to time. With a lot of luck, perhaps this thread can contain experiences, tips and, hopefully, resolutions.
Last Christmas I flew PER-xSYD-AUH on an AA award. I had booked a day room in Sydney after the red-eye so short-checked my bags. On checking-in for SYD-AUH I asked the EY contract ground agent if she would check my bag through form AUH to TXL on a separate AB ticket. It wasn’t a problem. I arrived at TXL but my bag did not. This was 12.45pm on Christmas Eve. I completed the paperwork with AB’s contractor and went to my hotel. I was told to contact AB for information on any right to purchase essentials. Later that afternoon, somewhat confined to my hotel room without appropriate clothing, I phoned AB’s US call centre to discuss the airline’s policy on purchasing essentials. At first the agent said I needed to wait 24 hours before I was entitled to lodge a claim with AB. When I asked whether he suggested I use my toe or my finger to brush my teeth, he said perhaps I could go and purchase some things and then file a claim with AB. But I waited nonetheless.
The following morning, Christmas Day, there was no update as to my missing bag. I phoned AB in the US again where I was told there was no issue in purchasing essentials right now; simply submit receipts through the website for reimbursement. I was also told that “for the first five days” of a missing bag, it is the responsibility of the arrival airport to search for it. A load of rubbish, of course (only made worse by the fact my bag had been stuck in AUH all along). But I did as suggested and contacted TXL airport. Selecting the option for missing items I was told by recorded announcement what everyone knows: contact the airline; it’s their responsibility. Of course, AB being the airline it is has no representation of its own at its home airport; It’s all contract staff. This, of course, only makes the buck passing worse.
After lunch on Christmas Day (and now in possession of a porter’s coat kindly loaned to me by the bell desk at the Grand Hyatt Berlin) I ventured the relatively short distance (by bus) to the central train station to purchase some items, it being the only place in the city open on December 25[SUP]th[/SUP]. At 8pm that evening my bag was delivered to my hotel.
Less than a week later I gathered the receipts and completed the request for reimbursement on the AB website. Eleven days later I received an email from AB denying my claim stating, in part:
“We regret to inform you that we have to decline your request for reimbursement of toiletries. These items are consumer goods considered as everyday commodities. Due to the delayed delivery of your baggage you had to purchase everyday commodities earlier than expected. As the purchase of toiletries is necessary once your supplies are used up additional costs will not result”.
I was stunned. What a pathetic response. It’s like saying that when someone runs into your car and writes it off, that person doesn’t need to compensate you because at some point in time you were going to have to buy a new car anyway.
So I replied and brought their attention to the Montreal Convention and the requirement of airlines to compensate for baggage delays. I also contacted the US call centre again about the general procedure following misplaced baggage. The agent said that the passenger “can purchase essential items such as toothbrush, toothpaste, soap; those things that you need in the morning; some clothes if you don’t have any”. He further advised to keep the receipts and submit them for reimbursement through the AB website. When I have him my property irregularity report number and told him my claim was denied, he had no explanation.
A few days passed and another response came from AB. This time it simply said “Thank you for contacting us once more. We once again wish to apologize for any inconvenience caused and look forward to welcoming you on board a future airberlin group flight”.
I’m interested in people’s thoughts. Do you think AB is being fair for denying reimbursement of toiletries or is the airline denying the claim to protect its increasingly faint bottom line? Am I right to find their reasoning preposterous? What about the issue of relying on information provided by call centre agents? To my mind AB is clearly in contravention of article 19 of the Montreal Convention (in addition to being complete coughs).
Article 19
Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
Last Christmas I flew PER-xSYD-AUH on an AA award. I had booked a day room in Sydney after the red-eye so short-checked my bags. On checking-in for SYD-AUH I asked the EY contract ground agent if she would check my bag through form AUH to TXL on a separate AB ticket. It wasn’t a problem. I arrived at TXL but my bag did not. This was 12.45pm on Christmas Eve. I completed the paperwork with AB’s contractor and went to my hotel. I was told to contact AB for information on any right to purchase essentials. Later that afternoon, somewhat confined to my hotel room without appropriate clothing, I phoned AB’s US call centre to discuss the airline’s policy on purchasing essentials. At first the agent said I needed to wait 24 hours before I was entitled to lodge a claim with AB. When I asked whether he suggested I use my toe or my finger to brush my teeth, he said perhaps I could go and purchase some things and then file a claim with AB. But I waited nonetheless.
The following morning, Christmas Day, there was no update as to my missing bag. I phoned AB in the US again where I was told there was no issue in purchasing essentials right now; simply submit receipts through the website for reimbursement. I was also told that “for the first five days” of a missing bag, it is the responsibility of the arrival airport to search for it. A load of rubbish, of course (only made worse by the fact my bag had been stuck in AUH all along). But I did as suggested and contacted TXL airport. Selecting the option for missing items I was told by recorded announcement what everyone knows: contact the airline; it’s their responsibility. Of course, AB being the airline it is has no representation of its own at its home airport; It’s all contract staff. This, of course, only makes the buck passing worse.
After lunch on Christmas Day (and now in possession of a porter’s coat kindly loaned to me by the bell desk at the Grand Hyatt Berlin) I ventured the relatively short distance (by bus) to the central train station to purchase some items, it being the only place in the city open on December 25[SUP]th[/SUP]. At 8pm that evening my bag was delivered to my hotel.
Less than a week later I gathered the receipts and completed the request for reimbursement on the AB website. Eleven days later I received an email from AB denying my claim stating, in part:
“We regret to inform you that we have to decline your request for reimbursement of toiletries. These items are consumer goods considered as everyday commodities. Due to the delayed delivery of your baggage you had to purchase everyday commodities earlier than expected. As the purchase of toiletries is necessary once your supplies are used up additional costs will not result”.
I was stunned. What a pathetic response. It’s like saying that when someone runs into your car and writes it off, that person doesn’t need to compensate you because at some point in time you were going to have to buy a new car anyway.
So I replied and brought their attention to the Montreal Convention and the requirement of airlines to compensate for baggage delays. I also contacted the US call centre again about the general procedure following misplaced baggage. The agent said that the passenger “can purchase essential items such as toothbrush, toothpaste, soap; those things that you need in the morning; some clothes if you don’t have any”. He further advised to keep the receipts and submit them for reimbursement through the AB website. When I have him my property irregularity report number and told him my claim was denied, he had no explanation.
A few days passed and another response came from AB. This time it simply said “Thank you for contacting us once more. We once again wish to apologize for any inconvenience caused and look forward to welcoming you on board a future airberlin group flight”.
I’m interested in people’s thoughts. Do you think AB is being fair for denying reimbursement of toiletries or is the airline denying the claim to protect its increasingly faint bottom line? Am I right to find their reasoning preposterous? What about the issue of relying on information provided by call centre agents? To my mind AB is clearly in contravention of article 19 of the Montreal Convention (in addition to being complete coughs).
Article 19
Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
(I'd expect something similar in Switzerland.) I would have thought the Grand Hyatt would have had most things except for deodorant in the room? If not, a couple of bucks for essentials probably wouldn't be something I'd bother putting in a claim for. Clothes on the other hand - more substantial. Swiss gave me a 24-hour allowance of 150 francs to purchase items, doubling to 300 after for 24-48 hours. When I went to claim at the airport with receipts the customer service agent made it clear they wouldn't have covered a nice Prada shirt I had my eye on for CHF300 as they don't consider that 'essential'.
