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Delayed Baggage Claim Jet airways.

Bangkok, Thailand
3 posts
2 reviews
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Delayed Baggage Claim Jet airways.

Hello everybody,

Key Information:

Heathrow (Party to Montreal Convention)

India (Party to Montreal Convention)

BKK (Not party to Montreal Convention or Warsaw convention)

It was a one way ticket

Baggage was not scanned in at Mumbai (Thus technically delayed between Heathrow and Mumbai)

I made my claim at Bangkok airport

Right where do I start?

I flew with Jetairways, Heathrow (London) To Bangkok (Thailand) Via Mumbai (India) and upon arriving in Bangkok my bag had not arrived.

I went and put in my baggage claim straight away.

4 days later I received my bag.

In the meantime I had to make essential purchases.

They offered me no compensation or support.

I have since put in a claim with the airline for my costs.

They have offered my only $40 as stated by their terms of carriage (Too little) .

According to the Montreal convention as set out in Article 1 it appears that it would not be applied in this instance as Thailand is not a signatory.

Again, Thailand is not a signatory of the Warsaw convention.

My argument would be that as it is provable that the baggage was delayed between Heathrow and Mumbai the Montreal convention should apply.

As it stands though, it is governed by Thai regulations thus making the terms of carriage effectual.

Any ideas?

I appreciate your time and answers.

Madrid
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3,286 posts
8 reviews
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1. Re: Delayed Baggage Claim Jet airways.

How about travel insurance?

Bangkok, Thailand
3 posts
2 reviews
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2. Re: Delayed Baggage Claim Jet airways.

Yeah I am literally looking at that now. Just it feels like it should be coming from Jet airways.

Portland, Oregon
Destination Expert
for Air Travel
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32,521 posts
6 reviews
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3. Re: Delayed Baggage Claim Jet airways.

Alan,

Lots of us have had delayed bags, and at least one of us have been hugely embarrassed by it. I had to buy a shirt and trousers for a meeting the next day and borrow a tie from my local general manager. I was meeting a government minister!!

Travel insurance does compensate you for out of pocket expenses. But it's far easier (as I learned) to pack a change of clothes - at least one and preferably two - in your carry on to bide yourself over in case your bags get delayed. No, or little need to have to shell out $$ on clothing. It's not nice but you could survive with a couple of changes and finding a cheap laundry where you are.

Bangkok, Thailand
3 posts
2 reviews
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4. Re: Delayed Baggage Claim Jet airways.

I appreciative your answers, but my point is more academic.

My question is what do you think the airline is liable for?

Is there any Indian laws where the airline is based which covers their liability?

Are there any Thai laws where the carriage was to which covers their liability?

$40 to cover you for 4 days is not enough. A suit alone costs more than $40 their website states

"Jet Airways will compensate passengers for reasonable and necessary expenses stemming from delays in baggage delivery"

So are they saying my claims are unreasonable?

Thanks again for replies. :)

rural West Aussie
Destination Expert
for Perth
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23,857 posts
68 reviews
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5. Re: Delayed Baggage Claim Jet airways.

You expect them to pay for a suit?

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
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15,770 posts
71 reviews
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6. Re: Delayed Baggage Claim Jet airways.

Hi,

As you've noted it's the ORIGIN and DESTINATION points that govern what Convention applies-- not the transit point-- and is irrespective of where the alleged mishandling occurred. between these two points..

Do also know that the Warsaw convention has been subject to two major revisions-- and at each time, a few new signatories nations adopted the new document..

So WHERE the event took place is largely moot.. The ONLY things that matter are where did the trip start, and where did it end, and the ratification status of these two countries.

As such, UNLESS one of the two major convention applies to and covers your specific travel, then it is the carriers CoC terms that would apply; unless an applicable national law prevails.

Thailand DOES have laws that addressed these matters.. BUT... as is common (and I think IF India has laws, will be the same) they ONLY address travel that is WHOLLY domestic in nature-- not international.

Lost (not delayed, but lost) baggage matters, like passenger death due to operations, are two of the few events that are in fact rather well defined by either convention language and/or carriers Contract.

Travel Safe,

Winchester, United...
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2 posts
19 reviews
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7. Re: Delayed Baggage Claim Jet airways.

I see. So it seems your baggage might have gone missing at Mumbai. I flew Jet Airlines into Mumbai from London on 27th March 2013 and I claimed my one Antler dark grey suitcase on the Mumbai carousel. I then had to take it through several security checks to a JetAairways check-in desk for the Jet Domestic flight to Chennai. I was travelling with a companion and we both , in turn, put our bags onto the weighing scales and that was the LAST TIME I SAW MY BAGGAGE. My companion received his at Chennai. I made the usual report/complaint when my bag didnt appear at Chennai.

What I'm saying is that many bags seem to 'go missing' with all its connotations of why they 'go missing' at Mumbai airport. Jet did nothing for me at all whilst I travelled through Tamil Nadu and Kerala where I retd to UK from Kochi Airport. They are offering me measly compensation right now. Hope to get it since it's better than nothing. But frankly Jet doesnt give a damn if they lose your baggage. I will never fly them again.

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
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15,770 posts
71 reviews
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8. Re: Delayed Baggage Claim Jet airways.

Hi,

"I flew Jet Airlines into Mumbai from London on 27th March 2013 and I claimed my one Antler dark grey suitcase on the Mumbai carousel. I then had to take it through several security checks to a JetAairways check-in desk for the Jet Domestic flight to Chennai."

==>. Was this BOM-MAA sector ticketed TOGETHER and on the SAME ticket as the LHR-BOM sector? If so, then that's still an international flight and therefore governed by one of the two conventions - Warsaw or the newer Montreal.

In some (not all, but some) cases the *maximum* a carrier is liable for is higher under one of these two conventions than it is if the travel is wholly domestic and therefore goverened by only national law.

Do remember that it would be unusual for a carrier to compensate you beyond what is their statutory liability and upto the applicable "caps". They can of course do sk if they wish, but are not required to do so. Realistically, you should only expect to recover - at best - whatever is their maximum liability. Any additional losses or unreimbursed losses would be something best suited to 3rd party insurance like travel insurance or similar.

I do think they care - loosing bags isn't cost effective for them as they have to consider the hard costs like cash payments that are required with most bags, but also the staff time necessary to process and deal with a delayed bag, then more staff time as it becomes a claim.

Do I think they do all that's possible? No. For the most part airlines don't do *all* that could be.. But here I think the ugly truth is - like many aspects of running a business - hard decisions need to be made about where they will out their limited capital assets and what they expect the return on the investment (to include lower losses) to be.

Again, this doesn't say they get a "pass" if you will, but does say that there's several players involved and rightly or wrongly, the carriers are the ones with the financial liability.

In the end, I think you should insure that Jet compensates you *corectly* given whatever is the governing law/convention. I think Jet, like all carriers, should be held fully accountable to assure claims are proper and legally handled.

Travel Safe,

Edited: 28 April 2013, 16:39
Winchester, United...
Level Contributor
2 posts
19 reviews
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9. Re: Delayed Baggage Claim Jet airways.

Thank you for detailed information. I have no idea how my baggage was ticketed but in future I will be sure to find out. Jet will compensate me on the weight of my baggage which was 15.6kgs..i think they are rounding it up to 16kgs. I have done calculations today of worth of what was inside my bag - this amount is very high.

Suspecting that a particular porter might have been involved in the disappearance of my bag I asked Jet many times whether CCTV covered the baggage area in question. I was told that CCTV tape can only be requested by the police to a 'guest' taking action at the airport and then the tape will be given for only a short time. This is of no use to me now.

Then someone mentioned that security/porters/anyone? can see inside baggage as it's going through the security checks (at least 2 maybe 3) so a potential thief can decide whether a bag is worth stealing or not.

It's shocking. I just want people to know these things.

Maeve

10. Re: Delayed Baggage Claim Jet airways.

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