Thread: Air Carrier Not Delivering

Due to a horrible mistake of an air carrier a suitcase containing costumes, music CDs, and make-up, shortly all things necessary for performance, was missplaced and delivered 28 hours AFTER a show. What would you do in such a case, were you in dancer`s shoes? and in producer`s shoes?

Air carrier claims no responsibilities for missed show or wages. Is there any other way to claim missed wages then going to a court ?

Any similar experience out there ?

Oh my god!
I´ve never been in a similar situation,
but the HORROR!

When I must check them I always insure my costumes. I use the kiosks in airports to purchase insurance. I always keep at least one costume in my carry-on bag so I do have something to wear. (I check my personal clothing and such.)

Were you on an International flight? The Warsaw pact is different than domestic flights so that could make a difference.

If all else fails consider having a chat with a lawyer. In the USA you would have to be able to prove wages were lost. Playing Devil's Advocate.

Originally Posted by emma-bessa

Oh my god!
I´ve never been in a similar situation,
but the HORROR!

Yes, THE HORROR. I am still shaking.

Originally Posted by txchic

When I must check them I always insure my costumes. I use the kiosks in airports to purchase insurance. I always keep at least one costume in my carry-on bag so I do have something to wear. (I check my personal clothing and such.)

Were you on an International flight? The Warsaw pact is different than domestic flights so that could make a difference.

If all else fails consider having a chat with a lawyer. In the USA you would have to be able to prove wages were lost. Playing Devil's Advocate.

There was a plane change with 5 hours waiting for connecting flight. If there were little time to change plane, say 45 minutes or so, then I would understand that the luggage did not make it. So the luggage was clearly missplaced. Or it did not leave the starting point.
Anyway, the air carrier should at least explain what happened with the luggage, right ?

Yes, it was international flight. Two international flights, actually. With the said loooong waiting time.

Lawyer said that any airliner are willing to pay any direct costs like costume rental or even purchase, while lost wages are indirect cost, thus might be reimbursed only upon legal action. Nothing is really sure and court disputes are rather slow here.

Why not ask your lawyer to deliver a proposal to the airline regarding a settlement? It might not work but it could possibly expedite the process. In regards to luggage International flights are much more risky than domestic. The Warsaw Pact sets a maximum for lost luggage that is not flexible - all International airlines agree to adhere to those guidelines. (Or so I was told.) Domestic reimbursement is much higher in the USA than the International maximum. That is usually a well-kept secret. I realize your bag was eventually found but do research the maximum and use that as a guideline as you proceed. Last time I had to make a claim for International lost luggage I believe the maximum was $1200 per checked item.

Good luck. Keep us posted on your progress.

Found it!

Here is copy of the particular provisions:

18.3. The Carrier is liable for damage caused by delayed carriage of passenger’s baggage.
Nevertheless, the Carrier is not liable for damage caused by delay if it proves that it and its
employees and agents took all measures that could reasonably be required to avoid such damage, or
that it was impossible for them to take such measures.
18.4. In case of damage caused by delay in the carriage of baggage, Carrier’s liability is limited to
1,000 SDR (about € 1,500) per passenger.
Such limit will not apply if it is proved that the damage resulted from an act or omission of the
Carrier, its employees 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
an employee or agent, it is also proved that such employee or agent was acting within the scope of
his/her employment.

There is some chance, although it says nothing about lost wages due to the luggage delay. We`ll see about that.

Originally Posted by Michaela

Due to a horrible mistake of an air carrier a suitcase containing costumes, music CDs, and make-up, shortly all things necessary for performance, was missplaced and delivered 28 hours AFTER a show. What would you do in such a case, were you in dancer`s shoes? and in producer`s shoes?

Air carrier claims no responsibilities for missed show or wages. Is there any other way to claim missed wages then going to a court ?

Any similar experience out there ?

I had it happen with a domestic flight for a weekend event. They promised it would be on the next flight and at my hotel before midnight (workshops and performance the next day). Didn't arrive. Then they didn't know where it was. I and the producer both got on the phone repeatedly stressing the amount of money involved and legal issues, especially since they first claimed they knew where it was and when it was coming. It showed up just before show. Also got them to change my flight for free in the mix.

Doesn't help you now (though good thing you're consulting a lawyer, I say go for it!), but it does help to get on the phone and OFTEN before the show. Keep asking for managers if they say they can't help you. It's their job to move the luggage with the passenger and know where it is at all times!

oh, the nightmare. i also flew with my costume in my hand luggage... and they almost lost our bags on the way home from orlando (we changed from airplane to train in paris, resulting in nobody knowing where our luggage was, it was supposed to be put on the belt, though the label set brussels etc... but after a half hour panic they found it...).

there was an american guy we talked to on the plane, and he was moving to paris for a year, and they lost his bags... they were awfull to him. here is this young man, jetlagged and starting to panick, at 5am in the morning, and the air france staff kept saying 'we need an adress and phone number and we will send you the bag when it shows up", and he kept saying; but i do not KNOW yet where i will be, i'm in this student program and all i know is there office adress and i dont even know where i'm going to be staying". and they kept just NOT listening to what he was saying. it was awfull.

i really feel they do not realise how bad it is when you loose your luggage... it's often NOT just clothes.