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  1. #26
    Thailand Expat superman's Avatar
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    On return of my luggage Air France had sealed my suitcase and placed it in a plastic bag which was also sealed. So obviously they've learned since your incident.

  2. #27
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    Quote Originally Posted by quimbian corholla View Post
    I think that's my suitcase handle which broke off the last time I went to London.

  3. #28
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    The Ghost Of The Moog's Avatar
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    Happened to me not long ago at Bkk airport.

    At the airport, when you leave without your bag, a cash payment will be made if you ask for it. (subject to not being resident in Thailand - and therefore clean undies being available at home)

    Later....

    They do deliver. However, a customs check is needed. That means they might need to cut the bag if sealed or break it open if locked. They need to open it.

    If you don't want any breakage to happen - you have to fetch it yourself - or get keys or lock codes to them and they will inspect it then.

  4. #29
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    Quote Originally Posted by superman
    due to Thailand being my home base they were under no obligations to compensate me
    This is true for many airlines. One time I returned to Dubai but my luggage hadn't. I did the whole report thing, but two days later, still nothing. I was also told that since I live here, there's no compensation.

  5. #30
    Thailand Expat superman's Avatar
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    ^The no compensation thing is just pure BS from the airline.

    Article 22 - Limits of liability in relation to delay, baggage and cargo.


    1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights.


    2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.


    3. In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination.


    4. In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.


    5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.


    6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.
    {{{{ MontrealConvention.Org }}}}- Suffered delay/lost, damaged baggage/luggage or personal injury by an airline? seeking compensation? liability for death injury to passengers
    Last edited by superman; 09-11-2012 at 07:33 AM.

  6. #31
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    Interesting to see the rule in writing, but I got screwed by Gulf Air who broke my bag last January. This is not related to the flight where my bag didn't make it. that was on Qatar Airways, but that's another story.

    My last return flight to London from here (Dubai) was on Gulf Air because their price far beat the other airlines. Anyway, I got to Heathrow, I saw my bag on the belt but it was on top of another bag.

    I took it off with the handle to carry it and I reached for the pull out handle to steady it, but the whole thing was broken off. The bag weighed about 25 kilos too. So I had to go through the whole process of doing a report, with Alitalia, who did this part.

    I scanned and emailed everything to the contact name and never got a reply. I kept emailing them, and after I emailed their customer service, the contact sent me an email saying to submit everything. (WTF???)

    I never did get a reply and I will bash Gulf Air any chance I can. Oh, I had to buy another bag at Heathrow and repack everything to it. I kept a few things in my original bag so that I could travel all the way to the other end of the city.

    Anyway, that's my story. It's a major pain when these things happen and I always like to see how the airlines handle things.

  7. #32
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    A similar thing happened to me

    you have to immediately go to the baggage handling age3nts and report the damage - they will inspect it and verify

    they will give you a claim number and form, and you have to send that back to them with the replacement cost, or repair cost

    I got a new Samsonite suitcase for old; at the agents they may try to palm you off with an inferior bag, just say no

    Natalie, if they refuse to reply to your emails, and you are in Dubai, I don't know what you can do

    In the UK, I started a civil case against an airline, using the Small Claims Court

    Cost nothing except paperwork and it is good but slow
    I have reported your post

  8. #33
    Thailand Expat superman's Avatar
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    Quote Originally Posted by natalie8
    I had to go through the whole process of doing a report, with Alitalia, who did this part.
    Why did Air Alitalia do the report? The airline that delivers you to your final destination is the one held responsible for damage/loss/delay.

  9. #34
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    This was at Heathrow Terminal 4. I went to the information desk to tell them what happened and they told me to go to the area where this is done. They mentioned that Alitalia takes care of Gulf Air's luggage issues and the info at this baggage area confirmed this.

    When you go there, there is a locked security door and a phone on the wall. You look for your airline, and it shows who the claims are handled by.

    Quote Originally Posted by DrAndy
    you have to immediately go to the baggage handling age3nts and report the damage - they will inspect it and verify they will give you a claim number and form, and you have to send that back to them with the replacement cost, or repair cost
    I did all of this with the Alitalia agent. He took me to the desk, they did the report, gave me everything and told me that I would get a replacement bag from Gulf Air after I email everything to them. Sadly, this didn't happen.

  10. #35
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    don't give up, Nat, give them hell

  11. #36
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    1. AF will cover you to Thailand either under Warsaw or Montreal conventions. These may allow scope for the carrier, AF, to limit liability for re uniting you with your baggage outside of the EU, including use of other "agency" airlines.
    2. You'll need to check your Conditions of Carriage applicable where/when you bought the ticket.
    3. Good luck!!!

  12. #37
    Thailand Expat superman's Avatar
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    Bought the ticket online through KLM. They then used Air France planes. Condition of Carriage lays with whom?

  13. #38
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    Quote Originally Posted by superman View Post
    ^The no compensation thing is just pure BS from the airline.

    Article 22 - Limits of liability in relation to delay, baggage and cargo.


    1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights.


    2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.


    3. In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination.


    4. In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.


    5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.


    6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.
    {{{{ MontrealConvention.Org }}}}- Suffered delay/lost, damaged baggage/luggage or personal injury by an airline? seeking compensation? liability for death injury to passengers
    And what the fu**ity f**k are special drawing rights ???

  14. #39
    Thailand Expat superman's Avatar
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    They are f**cking values equated to money.


    Special drawing rights (SDRs) are supplementary foreign exchange reserve assets defined and maintained by the International Monetary Fund (IMF). Not a currency, SDRs instead represent a claim to currency held by IMF member countries for which they may be exchanged.[1] As they can only be exchanged for euros, Japanese yen, pounds sterling, or US dollars,[imf 1] SDRs may actually represent a potential claim on IMF member countries' nongold foreign exchange reserve assets, which are usually held in those currencies. While they may appear to have a far more important part to play, or, perhaps, an important future role, being the unit of account for the IMF has long been the main function of the SDR.[Williamson 1]
    Created in 1969 to supplement a shortfall of preferred foreign exchange reserve assets, namely gold and the US dollar, the value of a SDR is defined by a weighted currency basket of four major currencies: the US dollar, the euro, the British pound, and the Japanese yen.[1] SDRs are denoted with the ISO 4217 currency code XDR.[2]
    SDRs are allocated to countries by the IMF.[1] Private parties do not hold or use them.[Williamson 2] As of March 2011, the amount of SDRs in existence is around XDR 238.3 billion, but this figure is expected to rise to XDR 476.8 billion by 2013.[3]
    Special drawing rights - Wikipedia, the free encyclopedia

  15. #40
    Thailand Expat superman's Avatar
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    Today Air France contacted me and confirmed they will pay me all out of pocket expences, no proof of receipts required. They will do this by bank transfer. On top of this they will give me 150 Euro's of E vouchers. Even though I have no need for them, I was told they are transferable and can be used on KLM as well as Delta airlines.
    For me I'm happy with the outcome.
    Death is natures way of telling you to slow down.

  16. #41
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    aging one's Avatar
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    good to hear.

  17. #42
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    That IS good news.

  18. #43
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    Nice one Superman, what did the expenses amount to ?
    I hope you added a wild night in Bangkok into it :-)

    And 150 travel voucher, air france aint so crap after all eh ?

  19. #44
    Thailand Expat superman's Avatar
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    Being an honest person I just claimed the petrol cost and 500 Baht for hiring a driver for the day. I know it may not sound much, but for me it's a matter of principles.

  20. #45
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    Quote Originally Posted by superman
    Being an honest person I just claimed the petrol cost and 500 Baht for hiring a driver for the day. I know it may not sound much, but for me it's a matter of principles.
    thats all that matters mate. We need more like you. Few and far between in todays world.

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