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Lost, Delayed and Damaged Luggage
Interesting statistics about luggage problems with he airlines, last year air travel increased about 5% amongst air travelers but complaints about baggage doubled. Roughly the airline industry mishandled about 6 out of every 1000 bags. That's not too bad, unless the bag that is lost belongs to you. the airlines have a higher stake now more than ever to insure your luggage gets to you. The amount the airlines has to pay you for your lost luggage has doubled from $1,250 to $2,500. With those fees, airlines are struggling to find a better way to move and track luggage, but they still have to deal the majority of the time with an outdated system.
The manner in which airlines move and track luggage has stayed the same for the last ten or so years. Except for a few airports that have placed electronic scanners throughout the baggage process, most airlines have not way to tell where your luggage is. Maybe someday the airlines will be able to track luggage like the way FedEx and UPS track packages. Call them up and they can tell you exactly where you package is. What is on the horizon for the tracking of luggage is a new sophisticated system that would tag bags with a radio transmitter that would allow the tracing of bags just like FedEx. United Airlines has taken the first step in deploying more than 600 hand held scanners to track luggage. But until this technology is made available or other improvements are made in the luggage system, travelers must understand the process in which a bag is handled so they can take the necessary precautions to insure their bags safe arrival.
Damage
If your suitcase arrives smashed or torn, the airline will usually pay for
repairs. If it can't be fixed, they will negotiate a settlement to pay you its
depreciated value. The same holds true for belongings packed inside. Airlines
may decline to pay for damage caused by the fragile nature of the broken item or
inadequate packing, rather than the airline's rough handling. Carriers may also
refuse to give you money for your damaged items inside the bag when there's no
evidence of external damage to the suitcase. But airlines generally don't
disclaim liability for fragile merchandise packed in its original factory sealed
carton, a cardboard mailing tube, or other container designed for shipping and
packed with protective padding material. When you check in, airline personnel
should let you know if they think your suitcase or package may not survive the
trip intact. Before accepting a questionable item, they will ask you to sign a
statement in which you agree to check it at your own risk. But even if you do
sign this form, the airline might be liable for damage if it is caused by its
own negligence shown by external injury to the suitcase or package.
Delayed bags
If you and your suitcase don't connect at your destination, don't panic. The
airlines have very sophisticated systems that track down about 98% of the bags
they misplace and return them to their owners within hours. In many cases they
will absorb reasonable expenses you incur while they look for your missing
belongings. You and the airline may have different ideas of what's reasonable,
however, and the amount they will pay is subject to negotiation.
If your bags don't come off the conveyor belt, report this to the airline before
you leave the airport. Insist that they fill out a form and give you a copy,
even if they say the bag will be in on the next flight. If the form doesn't
contain the name of the person who filled it out, ask for it. Get an appropriate
phone number for following up (not the Reservations number). Don't assume that
the airline will deliver the bag without charge when it is found; ask them about
this. Most carriers set guidelines for their airport employees that allow them
to disburse some money at the airport for emergency purchases. The amount
depends on whether or not you're away from home and how long it takes to track
down your bags and return them to you. If the airline does not provide you a
cash advance, it may still reimburse you later for the purchase of
necessities.
Discuss with the carrier the types of articles that would be reimbursable, and keep all receipts. If the airline misplaces sporting equipment, it will sometimes pay for the rental of replacements. For replacement clothing or other articles, the carrier might offer to absorb only a portion of the purchase cost, on the basis that you will be able to use the new items in the future. (The airline may agree to a higher reimbursement if you turn the articles over to them.) When you've checked in fresh foods or any other perishable goods and they are ruined because their delivery is delayed, the airline won't reimburse you. Carriers may be liable if they lose or damage perishable items, but they won't accept responsibility for spoilage caused by a delay in delivery. Airlines are liable for provable consequential damages up to the amount of their liability limit (see below) in connection with the delay.
If you can't resolve the claim with the airline's
airport staff, keep a record of the names of the employees with whom you dealt,
and hold on to all travel documents and receipts for any money you spent in
connection with the mishandling. (It's okay to surrender your baggage claim tags
to the airline when you fill out a form at the airport, as long as you get a
copy of the form and it notes that you gave up the tags.) Call or write the
airline's consumer office when you get home.
Lost luggage
Once your bag is declared officially lost, you will have to submit a claim. This
usually means you have to fill out a second, more detailed form. Check on this;
failure to complete the second form when required could delay your claim.
Missing the deadline for filing it could invalidate your claim altogether. The
airline will usually refer your claim form to a central office, and the
negotiations between you and the airline will begin. If your flight was a
connection involving two carriers, the final carrier is normally the one
responsible for processing your claim even if it appears that the first airline
lost the bag. Airlines don't automatically pay the full amount of every claim
they receive. First, they will use the information on your form to estimate the
value of your lost belongings. Like insurance companies, airlines consider the
depreciated value of your possessions, not their original price or the
replacement costs. If you're tempted to exaggerate your claim, don't.
Airlines may completely deny claims they feel are
inflated or fraudulent. They often ask for sales receipts and other
documentation to back up claims, especially if a large amount of money is
involved. If you don't keep extensive records, you can expect to dicker with the
airline over the value of your goods. Generally, it takes an airline anywhere
from six weeks to three months to pay you for your lost luggage. When they
tender a settlement, they may offer you the option of free tickets on future
flights in a higher amount than the cash payment. Ask about all restrictions on
these tickets, such as "blackout" periods and how far before departure
you are permitted to make a reservation.
Limits on liability
If your bags are delayed, lost or damaged on a domestic trip, the airline can
invoke a ceiling of $1250 per passenger on the amount of money they'll pay you.
When your luggage and its contents are worth more than that, you may want to
purchase "excess valuation," if available, from the airline as you
check in. This is not insurance, but it will increase the carrier's potential
liability. The airline may refuse to sell excess valuation on some items that
are especially valuable or breakable, such as antiques, musical instruments,
jewelry, manuscripts, negotiable securities and cash. On international trips,
the liability limit is set by a treaty called the Warsaw Convention. Unless you
buy excess valuation, the liability limit is $9.07 per pound ($20 per kilo). In
order to limit its liability to this amount, the airline must use one of the
following procedures:
1) The carrier weighs your bags at check-in and records this weight on your
ticket. The airline's maximum liability to you is that weight multiplied by
$9.07 (per lb.) (or by $20, if the weight was recorded in kilos).
2) Instead of weighing your luggage, the carrier assumes that each of your bags
weighs the maximum that it agrees to accept as checked baggage, usually 70
pounds (32 kilos). This yields a liability limit of about $640 per bag.
This international limit also applies to domestic segments of an international
journey. This is the case even if the domestic and international flights are on
separate tickets and you claim and re-check your bag between the two flights.
Keep in mind that the liability limits are maximums. If the depreciated value of
your property is worth less than the liability limit, this lower amount is what
you will be offered. If the airline's settlement doesn't fully reimburse your
loss, check your homeowner's or renter's insurance; it sometimes covers losses
away from the residence. Some credit card companies and travel agencies offer
optional or even automatic supplemental baggage coverage.
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For further information consider our book "Traveler Beware, An Undercover Cop's Guide To Avoiding Pickpockets, Luggage Theft, and Travel Scams" ISBN No. 0967130204, which can be ordered from our products page. You may also visit our web site which contains over 130 pages of travel safety information. |
Detective Kevin Coffey Safety Seminars Our Clients Planning Meetings Travel Safety Tips Home Contact Us |
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