Viva Aerobus

[straitman]

Does anyone know anything of this LCC in Mexico and anything of their misplaced bagged policy and requirements?

 

[teamhamsandwich]

Flown them in the past with no issues so can't really help on lost baggage. Thought they were bearable.

 

[QF WP]

I mis-read the title I thought it was strange to be saying long live Airbus . Sorry, not heard of them

 

[straitman]

Does anyone know anything of this LCC in Mexico and anything of their misplaced bagged policy and requirements?

Thanks all and QF WP for the laugh.

Problem was daughter and family flew a domestic flight in Mexico and one bag was incorrectly tagged and went on its own holiday. Their web page is very clear on requirements to/from USA but totally lacking on domestic. The initial agent just played dumb and said he couldn't understand them even though daughter speaks pretty good Spanish. They only got his attention when they photographed his ID card. Suddenly someone who could understand them appeared and the bag was traced. The bag still hasn't arrived but they now at least know where it's gone for its seperate holiday. (Mexico City)

 

[straitman]

Seems I spoke too soon as our daughter just posted this on FB.

So it appears that when you fly with VivaAerobus, they take ABSOLUTELY NO RESPONSIBILITY for their passengers luggage. We have travel insurance in case anything goes wrong, however unless you take out THEIR insurance, they couldn't care less where your bags end up. Even if THEY lose it, IF they find it, they'll get it back to the closest airport, but then it's entirely on you to chase after it, at your own expense... ABSOLUTELY RIDICULOUS

 

[QF WP]

What are the conditions of carriage on the ticket? Sure IATA rules give some dispensation and make carriers make genuine effort to reunite bags. Otherwise, pester their FB and Twitter feeds - don't get mad, get even!

From their T&C's page here: https://www.vivaaerobus.com/en/info/terms-and-conditions

Checked-in Baggage: Refers to the baggage owned by the Passenger, which will be under the custody of “VivaAerobus” and shall be returned to the passenger upon presentation of the baggage ticket or slip.

9.1 Baggage Policies.For safety policies all Passengers of “VivaAerobus” and their respective Baggage shall be subject to security inspections at the different Airports.“VivaAerobus” requests each Passenger that his/her Carry-on Baggage be available if subject to inspection by personnel of “VivaAerobus” and/or security personnel of the Airports. For better identification and safety of your Baggage, we recommend all Passengers to identify their Baggage with their name, address, phone number and/or Booking Code to facilitate location in the event of loss or damage of the Baggage. Failure to include the foregoing shall be the responsibility of the Passenger.“VivaAerobus” shall only be responsible for the loss or damage evidenced in the Baggage that is clearly identified in accordance with the previous paragraph, provided the Passenger notifies “VivaAerobus” by filling out the corresponding Loss and/or Damage Report (the “Report”), the Passenger may request the Report at the Sales Counters of each Airport.Insofar as the Baggage is subject to inspection and manipulation of institutions and personnel alien to “VivaAerobus”, “VivaAerobus” recommends to its Passengers the following: • Not to include in the Baggage fragile or valuable articles, including but not limited to cash or documents, jewelry, electronic devices, picture or video devices, cell phones, important documents or art (Valuables).VivaAerobus does not allow the transport of Valuables, and therefore the Passenger shall be responsible for the transport of such Valuables and therefore waives to request in the event of loss or theft, any damages from “VivaAerobus” for this concept.• Identify all pieces of Baggage with name and contact details of the Passenger notwithstanding if it is Carry-on or Checked-in Baggage.• Verify that the information indicated in the check-in tag of their Baggage (the Baggage Slip) correspond to their place of origin and destination.• Upon collecting the Checked-in Baggage, verify that the collected piece is their own, since there is the possibility that there are several similar pieces in a single Flight.Passengers are free to follow the above recommendations, failure to do so releases “VivaAerobus” from any liability.“VivaAerobus” shall not be liable for damaged or tampered Baggage, with overweight or overloaded. “VivaAerobus” shall neither be liable if the Baggage is damaged due to normal handling such as damages in wheels, supports, straps, handles, zippers, loss of locks, external cords, among others. These damages are considered ancillary since they do not prevent the main function of the Suitcase.

10.0 Lost and/or Damaged Baggage:“VivaAerobus” does not admit Valuables in the Checked-in Baggage, and thus “VivaAerobus” shall not be responsible for articles of this nature contained in the Checked-in Baggage. Therefore, it shall be each Passenger’s decision to transport valuables or not inside their Checked-in Baggage.“VivaAerobus” shall be liable for the destruction, damage or loss of the Carry-on Baggage whilst the Passenger is onboard the Aircraft and until he/she leaves the same, if and only if such proven destruction, damage or loss is caused by acts or omissions caused directly by “VivaAerobus” and its personnel.With regards to the Checked-in Baggage, “VivaAerobus” shall be liable for any destruction, damage or loss whilst the Baggage is checked-in, and until the Passenger collects it in the baggage carrousel or conveyor at the Airport of destination.In those cases where there is any loss and/or damage to the Baggage, “VivaAerobus” shall comply with the provisions of the Civil Aviation Act (Ley de Aviación Civil) and its Regulations.

10.1. Baggage claim process:If the Baggage of the Passenger has suffered any destruction, loss or damage in accordance with the above section, the Passenger must fill out the Baggage Loss or Damage Form, which shall be provided by “VivaAerobus” at its Check-in Counters, otherwise, the Passenger shall forfeit any right derived from the destruction, loss or damage of the Baggage.“VivaAerobus” shall not attend to those claims in matters of Baggage that are not made using the Baggage Loss or Damage Form.

15.0 Limitation of Liabilities
15.1 Passengers:In the event of claims for damages to passengers inside the aircrafts, “VivaAerobus” shall be responsible in accordance with the guidelines provided in the applicable Laws.“VivaAerobus” is excluded from any liability in the following cases:
· Damages suffered by the passengers due to their own fault or negligence
· For defects of the baggage, hidden defects or inappropriate containers
· When the baggage is harmed due to its own nature or its content.

• When the baggage is delivered on time

· When the transported goods were damaged since the beginning by the passenger.
· When the passengers statement is false or when he/she lies about the valuables, amount and/or quality of the goods contained in his/her baggage.

As highlighted immediately above, they haven't delivered the baggage on time, so they are not excluded from liability. Your daughter has the baggage chit/ticket/slip, I trust...

 

[serfty]

I'm sure the Montreal Convention overrides any such statement.

 

[straitman]

The bag arrived on Sunday.

They were approved by their TI to buy about $A1000 worth of replacement items. They have now been travelling for 16 months and needed some new clothes so it worked out well.

 

[QF WP]

They got the bag - but were they missing anything from within?

 

[straitman]

They got the bag - but were they missing anything from within?

I don't believe so but I'll check.