Why doesn't Qantas follow the provisions of the Montreal Convention for damaged bags?

[fifo]

The montreal convention The Montreal Convention 1999 (MC99) is quite clear, if qantas or an agent damages a bag, they need to pay for it. this does not have defined exclusions except due to inhrent defect.

I've flown many many airlines and qatar, united and aa have replaced bags that have had wheels ripped off and aa also one bag cut open and an expensive piece of diving equipment removed (to the limit of the SDRs). so i'm well aware that airlines DO payout - as much as qantas says they don't in their emails (they literally say that 'airlines dont..)

now, qantas, have punched a 5c piece sized hole into a brand new piece of luggage, as well as smashed some well packed items inside that few on 8 other flights and did not break (along with an identical suitcase with idential items on the same flight that did not break), it's obvious the bag was dropped from a great height.

qantas just keep rolling out their inane policy that seems to contraven the provisions of the montreal convention. not sure I understand how it makes any sense? does anyone have any insight about qantas and the montreal convention?

 

[levelnine]

Rules 2.3, 15 and 16.4 of Qantas' conditions of carriage state that the carriage of a passenger is subject to the Montreal Convention, so I would simply keep escalating until you get a satisfactory outcome.

Check rule 16.4 in particular.

Of course, make sure you meet the necessary criteria. Eg you need to be an international passenger.

 

[fifo]

Thanks, I intend to. This thread is not about my baggage issue, it's about qantas and their apparent non compliance to the Montreal convention. I suspect they think if they tell the public enough times they are wrong or not entitled then none of them will follow it through long enough to get less than 500 bucks out of them.

 

[levelnine]

This thread is not about my baggage issue, it's about qantas and their apparent non compliance to the Montreal convention. I suspect they think if they tell the public enough times they are wrong or not entitled then none of them will follow it through long enough to get less than 500 bucks out of them.

That's pretty par for the course with Qantas these days. Nothing all that surprising about that, unfortunately.

 

[ChrisMars]

MC99 applies to international flight. Anyway for domestic, the conditions of carriage also provide some protection. The challenge is of course to prove the damage, prove it's not wear and tears, do it within the short allowed timeframe, with the right channel.

qantas just keep rolling out their inane policy

Who did you talk to? Ground staff? Baggage service desk? Phone?

Section 18 seems to provide some contact details. I find this section a bit weird (title, the way it's presented, and why is there a french contact phone number listed).

18. Our Name and Address​

Our name may be abbreviated to QF (Qantas or QantasLink) on the Ticket. Our address is 10 Bourke Road, Mascot, New South Wales, 2020, Australia. Our phone number in Australia is +61 (02) 9691 3636 and in France is +33 1 57 32 92 83.

Would be interesting to get feedback from someone who claimed damages via this channel

 

[fifo]

It was yvr to syd. So it applies.

Logged as per requirements. Chased up twice with Hobart team on phone and about 8 times on email.

It was 5c sized hole into a brand new piece of luggage. Hard to argue that one for Qantas!

More interested in insights on Qantas and Montreal convention.

 

[kangarooflyer88]

When did you discover the damage? At the airport? If so did you take it to the attention of the Qantas baggage desk?

-RooFlyer88

 

[fifo]

When did you discover the damage? At the airport? If so did you take it to the attention of the Qantas baggage desk?

-RooFlyer88

What is the relevance of your q? You have 7 days post flight to report damage under the provisions of the Montreal convention.

 

[kangarooflyer88]

What is the relevance of your q? You have 7 days post flight to report damage under the provisions of the Montreal convention.

You're right that it is not necessary. My interest is whether the baggage at the airport simply brushed you off or if this was the incompetence of the contact centre.

-RooFlyer88

 

[fifo]

Contact center incompetence. I noticed when I got home. Honestly perplexed by the lies peddled by Qantas, re what 'airlines' accept liability for, general Montreal convention giving the finger to etc.

 

[JohnK]

For those that think Qantas is going down the LCC path.

Saw something interesting on Nok Air last week

- thay will compensate to a maximum 500 baht per damaged bag
- for lost bags they will compensate per kg to a maximum 5000 baht per bag

I know that's just domestic but it gives them no incentive to take care of your belongings.

 

[azza_1992]

It was yvr to syd. So it applies.

Logged as per requirements. Chased up twice with Hobart team on phone and about 8 times on email.

It was 5c sized hole into a brand new piece of luggage. Hard to argue that one for Qantas!

More interested in insights on Qantas and Montreal convention.

YVR is really tough on luggage in my experience.

I've only had bags damaged twice - both at YVR. Once my hard shell Samsonite was cracked through the corner, and once my zip pulls were snapped off.

 

[mohie]

The montreal convention The Montreal Convention 1999 (MC99) is quite clear, if qantas or an agent damages a bag, they need to pay for it. this does not have defined exclusions except due to inhrent defect.

I've flown many many airlines and qatar, united and aa have replaced bags that have had wheels ripped off and aa also one bag cut open and an expensive piece of diving equipment removed (to the limit of the SDRs). so i'm well aware that airlines DO payout - as much as qantas says they don't in their emails (they literally say that 'airlines dont..)

now, qantas, have punched a 5c piece sized hole into a brand new piece of luggage, as well as smashed some well packed items inside that few on 8 other flights and did not break (along with an identical suitcase with idential items on the same flight that did not break), it's obvious the bag was dropped from a great height.

qantas just keep rolling out their inane policy that seems to contraven the provisions of the montreal convention. not sure I understand how it makes any sense? does anyone have any insight about qantas and the montreal convention?

hello
i am wondering if there is any update on this?
did Qantas compensate you fairly?
Qantas lost my bag a month ago now.
i keep quoting the Montreal convention to them, but as you say i suspect passengers give up due to the difficulties in contacting Qantas its like survival of the fittest.
Qantas has said i need to supply receipts for everything that was lost. which is silly, who has receipts for stuff from a year ago and also for gift given to you lol.
i will keep annoying them because im a bit stubborn like that. but would love to hear others experiences.

 

[kangarooflyer88]

hello
i am wondering if there is any update on this?
did Qantas compensate you fairly?

I wonder if contacting either of the ACAs or potentially the ACCC might help here. I would also be curious whether a tribunal could kick in, in this circumstance since it seems to be a clear breach of Australian law.

Qantas lost my bag a month ago now.
i keep quoting the Montreal convention to them, but as you say i suspect passengers give up due to the difficulties in contacting Qantas its like survival of the fittest.

Have they found it? If it is over 21 days it is deemed lost and Qantas is obligated to compensate you for the entirety of what was in that bag up to approximately $2100 USD per the Montreal Convention. If you keep getting the run around your next bet is to contact Qantas legal and put them on notice that you have tried reaching out to customer service and they did not respond to your request and that you are formally putting them on notice that they are in breach of the Montreal Convention and you will be pursuing any damages available to you under the convention and common law.

Qantas has said i need to supply receipts for everything that was lost. which is silly, who has receipts for stuff from a year ago and also for gift given to you lol.
i will keep annoying them because im a bit stubborn like that. but would love to hear others experiences.

This notion that receipts must be provided for what was in the bag is absolutely dumb. Like do people keep receipts of each and every piece of clothes they purchase. Toothpaste? I'm lucky if I can go back a month on receipts for non-big ticket items. Indeed one of the reasons why the Montreal Convention exists is to put a cap on what passengers can request in terms of damages to property of themselves.

-RooFlyer88

 

[fifo]

Pretty sure they just ignored me over and over on email. I think I called and called till
I got Hobart and might have gotten a few hundred from them when I sent the bags receipt. I am wp though, ymmv.

 

[anyonebutqantas]

Start an action against Qantas in NCAT.

 

[papeto]

Start an action against Qantas in NCAT.

You can’t go to any tribunal. All matters covered by the Montreal Convention falls under Federal law and tribunals don’t have jurisdiction to hear them.

 

[kangarooflyer88]

You can’t go to any tribunal. All matters covered by the Montreal Convention falls under Federal law and tribunals don’t have jurisdiction to hear them.

Presumably you can take them to court to recover the money? And presumably there is a fee shifting schedule such that if you are successful in your claim Qantas is on the hook for all legal fees and court costs.

-RooFlyer88

 

[papeto]

Presumably you can take them to court to recover the money? And presumably there is a fee shifting schedule such that if you are successful in your claim Qantas is on the hook for all legal fees and court costs.

-RooFlyer88

Yes you can take them to the small claims court of the magistrates division, but not Tribunals - thats upto $20,000 in NsW if I remember correctly. Small claims limits any cost recovery so a good one to use. If you want to recover full legal costs its magistrates court. Another tactic is to file and usually the client service team will call and try and settle.

 

[anyonebutqantas]

You can’t go to any tribunal. All matters covered by the Montreal Convention falls under Federal law and tribunals don’t have jurisdiction to hear them.

Federal Magistrates Court might be the way to go then.