Luggage damage & airline's disinterest in compensating

If you are talking about AirAsia, and I suspect you may be; as you mention KUL - this foreign currency thing they try on is a scam. I contacted their bankers, Maybank in KUL and the nett amount they offered (as you say after chgs) is the gross they pay their bankers.

Low Cost Airlines (incl Virgin Australia and Jetstar), do not abide by the Montreal Convention.

Lodge a complaint with Fair Trading in the first instance, as they are frightful of being on the name and shame listing, and they did have a “Customer Happiness Country Manager Australia and New Zealand”, at one stage, Arlene Del Rosario (arlenedelrosario@airasia.com).

If that fails, lodge with NCAT as you have shown you have made all reasonable attempts.

That is incorrect. The Montreal Convention is an international treaty between countries that ratified the treaty and thus their air carriers. It has apparently only been ratified by 137 of the 191 ICAO country members to date. It does not apply to domestic flights.

As with many things the legal community loves it (US circa 2009).

edit: It is true some airlines push the boundaries more than others and some are more responsive than others, but in the end it is a political as well as legal issue re the treaty and not only with ‘low cost’ airlines.

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Thanks for your post. The airline in my case, judging by the price, was not low cost. It was Etihad.

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Etihad baggage loss or damage, note there are 2 steps. The first is a “Report”. Most likely done at the arrivals/baggage claim. The second independent of this is the passenger “Claim” requested within 7 days of the report.

How does Etihad rate?

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Mark, thanks for the post. VERY interesting.
As to the mention of a claim within 7 days, separate to what the fine folk at Malaysia Airports submitted, I made a claim the very next day. Direct to the staff who handle the matter (or it seems IGNORE the matter :slight_smile: ) at Etihad. I even got my contact’s name at Etihad.

Which form did they give you to claim with, and was a copy of a receipt for the replacement suitcase able to be included with the firm submitted?

Sorry for the late reply. I only just saw it. The airline gave me no form. Malaysia airports Corp gave me the form which days later when I bought the suitcase, I emailed the form and receipts to etihad.

Etihad insists that the only receipt that matters is not the one for the replacement suitcase , but the one for the original suitcase.

Like we keep receipts from 9 months ago.

‘We’ keep copies of receipts as long as we have the product. Maybe OCD?

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We are almost the same. We keep receipts at least for the time that the product is still under the manufacturer warranty/consumer guarantee. Larger purchases (fridge, washer etc) we staple them to the user guide which is filed. User guides we keep for the life of the product.

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If that is the only symptom of OCD, please sign me up!
Of course even if I had the original’s receipt, I should expect Etihad to depreciate the suitcase severely, ven if it was <9 mths of age and never used until my last trip.

Update: Can an airline or for that matter other vendor demand a copy of a customer’s passport (not only the number but all the data ie a scan of the key page and photo) as a condition of any compensation? To me, such details are not reasonably sought and are not needed for the purpose of the compensation given I am happy to sign an indemnity they provided, quote my passport number and give them my banking details if asked.

To me, the demand for details of my passport pages is, at the very least, a breach of:

*Australian Privacy Principle 3 — Collection of solicited personal information *

  • 3.22 APP 3.3 imposes an additional requirement for collecting sensitive information about an individual. Unless an exception applies, an APP entity must: *

satisfy the criteria above, i.e. the collection of the sensitive information must be reasonably necessary for (or, for agencies, directly related to) one or more of the entity’s functions or activities.

or am I wrong?

Separately, I discovered that NSW FT is focused on whether or not an offer is made by a vendor. It is not concerned and has no view on whether any conditions attached to the offer are reasonable or not.

Update: I have been away from this site for months as I grew suspicious of the replies I rcvd to nearly all my posts. Replies be it to my banking concerns or travel matters seemed to me to be generated by the accused vendor’s PR dept. That said, while I was absent, Etihad came to the party and after more argy bargy, reimbused me to the cent the claimed sum for the replacement luggage.
Naturally after they finally did the right thing, I flew with them twice more and apart from an incident with another pax keeping his seat reclined from the aerobridge/airbridge at the departure point all the way to when the aircraft connected to the aerobridge/airbridge at the arrival point (which I learned from Etihad is the pax’s perogative and staff will not intervene and I will consider doing the same when I next fly), I am now content to fly with them.

That seems harsh, a number of respondents are well known and have been here for years, some are highly trusted members. Do you have specific reasons why these replies were not satisfactory to you?

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Thanks for that. In fact I did file my concerns with a person whose name I forgot but found in the Choice homepage. I did this months ago and received no reply. I will hunt down if I kept a copy of that correspondence.