We noticed that you're using an unsupported browser. The TripAdvisor website may not display properly.We support the following browsers:
Windows: Internet Explorer, Mozilla Firefox, Google Chrome. Mac: Safari.

Who is responsible for damaged luggage in airlines

New Jersey
1 post
1 review
Save Topic
Who is responsible for damaged luggage in airlines

I recently traveled [Newark, NJ-Chennai, India_Newark, NJ] by JetAirways in Premier Class [equiv to Business Class]. I was assured that my luggage will be first to get to the Carousel. When we landed in Newark airport, not only was my bag damaged, items damaged in a bag marked fragile, the bags came in last - we waited for an hour. The airline basically said sorry, our policy doesn't allow for compensation for damages - and by the way, for your luggage coming in late, we think Chennai people handled it poorly and we have told them to fix the process - much good it does for my bag and items!

UK
Level Contributor
49,560 posts
91 reviews
Save Reply
1. Re: Who is responsible for damaged luggage in airlines

You put fragile things in hold baggage????!!!! Have you ever flown before?

Claim on your travel insurance.

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
Level Contributor
15,678 posts
71 reviews
Save Reply
2. Re: Who is responsible for damaged luggage in airlines

Hi,

Normally written into the airlines Contract of Carriage (CoC) is language that denies any liability for what is commonly known as "minor wear and tear". Of course what is "minor" is a subjective judgment call. Also, most carriers also limit liability for any item(s) that are "fragile or unsuitably packed".

Speaking to *who*, if anyone, is liable for your losses, this falls to the LAST carrier handling you and your bag-- this is common industry practice and is covered in the carriers "interline agreements". So, who ever you flew to your *final* destination bears all liability for loss/damage claims..

For pilferage claims, you generally have to prove (which is a very high hill to climb for the passenger) or make your case that it was the airline and/or their authorized agents who committed the pilferage.. Knowing that in many cases the airport operator and possibly the Customs or Security personnel would have access to your bag in the process makes is hard to prove it was the carrier at fault.. Add to that, in most cases you'll be asked to provide independent documentation (like an original sale receipt) as to what you claim was in the bag and now missing, and what was it's initial purchase price and dates. If/when compensation is issued, it's not uncommon for the now depreciated value to be used.

Lastly, all bag claims (lost, damaged, etc.) are governed by some form of a international agreement-- commonly the Warsaw or Montreal conventions.. These agreements stipulate the *maximum* amount a carrier is obligated to compensate a passenger for PROVEN claims.

Unfortunately, I'd look to your private travel insurance to be more generous in this matter than the carrier.

Travel Safe,

Cardiff, United...
Level Contributor
519 posts
19 reviews
Save Reply
3. Re: Who is responsible for damaged luggage in airlines

Any damage should be reported BEFORE leaving the baggage reclaim area. You will be given a form to complete and you need to send this to the address of the handling agents which should be on the form.

This is the case for UK airport s, it may be worth a try elsewhere.

Edited: 04 January 2010, 19:22
Seattle, Washington
Level Contributor
10,857 posts
94 reviews
Save Reply
4. Re: Who is responsible for damaged luggage in airlines

I was just at Sea-Tac yesterday waiting for someone at the baggage carousel, and was reading the notice posted next to it of what the airline would not cover in regard to damage. It was pretty much everything! Not responsible for broken wheels, handles, tears in the fabric, latches, zippers, etc.

They certainly aren't responsible because your bag was the last unloaded. I've had priority tags on my bags and sometimes they come off quickly, and sometimes not.

I am sorry your goods were damaged. Sometimes it's better to have goods shipped back by stores when you make a purchase, or at least carry them on to make sure they are handled properly. I never check anything I'm not prepared to lose or have broken.

I am guessing, as with most Americans, you didn't have travel insurance. Look into it next time, the relatively low price is well worth it.

Edited: 04 January 2010, 20:24
Newcastle, Australia
Level Contributor
2,502 posts
1 review
Save Reply
5. Re: Who is responsible for damaged luggage in airlines

From past experience most travel insurances will not cover damage to luggage, or at least make it extremely difficult to claim. The insurance companies usually say it is the airlines liability, while the airline, as stated above, basically deny any responsibility

Sydney
Level Contributor
563 posts
56 reviews
Save Reply
6. Re: Who is responsible for damaged luggage in airlines

Hi

As an ex employee of a travel insurance company, most policies would state that you would need evidence (eg. letter) from the airline (or transport provider) stating what has happenned. Then you would be able to put in a claim and 99% of the time, you should be able to claim for the damaged luggage. The airlines do have responsibility but the amount of $ they would give you, wouldn't be worth the hassle to pursue.

Also, if things in your luggage are damaged there is an exclusion in a lot of travel insurance policies that generally state "items left unattended". If you look up the defination of unattended, some policies state that once you give you baggage to someone you do not know. So, what it says that once you check in and give you bag to the check in staff, you dont know them or the baggage handlers, so therefore it is unattended and you won't be able to claim for any damages or losses.

UK
Level Contributor
49,560 posts
91 reviews
Save Reply
7. Re: Who is responsible for damaged luggage in airlines

<<From past experience most travel insurances will not cover damage to luggage, or at least make it extremely difficult to claim. >>

The last time I had luggage damaged (two suitcases, latches ripped open by the TSA in the US), my travel insurance paid up without any problem at all, they just wanted photos, not even a letter.

Worthing, United...
Level Contributor
2,537 posts
49 reviews
Save Reply
8. Re: Who is responsible for damaged luggage in airlines

I claimed for damaged luggage when I flew Delta out of Atlanta. I could see our bags sitting on the tarmac in torrential rain. I complained to the Delta desk staff & it was logged. I was compensated when I returned home for ruined suitcases & clothes.......by Delta.

North of Toronto
Level Contributor
4 posts
3 reviews
Save Reply
9. Re: Who is responsible for damaged luggage in airlines

Not sure who is responsible but looks like Jet Airways is a problem - I just posted a message about how difficult it is to get info on lost luggage from Jet Airways - travellers beware!

10. Re: Who is responsible for damaged luggage in airlines

-:- Message from TripAdvisor staff -:-

This post was determined to be inappropriate by the TripAdvisor community and has been removed.

To review the TripAdvisor Forums Posting Guidelines, please follow this link: http://www.tripadvisor.com/pages/forums_posting_guidelines.html

Our staff may also remove posts that do not follow our posting guidelines, and we reserve the right to remove any post for any reason. Thanks for being a part of the TripAdvisor travel community!

Removed on: 05 January 2010, 18:05