Thomas Cook - damaged sculture (luggage) claim

marcofoo

Hi all,

I recently went on holiday to Mexico and purchased a sculpture to bring back to England. The following explains it in detail.

Can anybody suggest where I go from here?


My letter to the luggage loss adjusters:

RE: Damaged sculpture

Dear sir/madam,

I am writing regarding damaged fragile belongings on one of your flights.

Upon checking in at Cancun airport (flight TCX87L) for Gatwick yesterday I explained that I would like to take a fragile sculpture with me as hand luggage however it was too large. I said I understood but asked for reassurance that the sculpture would be safe. The check-in attendants explained that it would be stored separate from standard luggage and handled with care. It was then marked 'fragile' and I was asked to sign a declaration for it to be accepted. The declaration was later ticked with a box marked 'FRAGILE & UNSUITABLY PACKED - Release applies to damage'. I did not sign for this nor was the packaging unsuitable.

At Gatwick baggage collection belt 6 I was advised by some attendants that fragile items usually come in on belt 10. Belt 10 seemed suitable for fragile items, belt 6 not so.

The sculpture came crashing down into the metal wall of belt 6 (along with the main luggage), designed to stop bags falling onto the floor. Upon later inspection I found that one part of the sculpture was buckled and had broken into pieces and another was cracked in several places.

I am very disappointed with the lack of regard shown to my possessions and that I have been made to look like I signed for something that I did not sign for.

The sculpture itself is unique and was purchased in Mexico so replacement is not an option. Ideally I would like the costs covered (2423 Pesos). I can provide a receipt if required.

I would appreciate if you could look into this matter as soon as possible and provide me with a response by 3rd January 2011.

Yours sincerely,
...................


The return letter from the luggage loss adjusters:

Dear Mr .........

We are the authorised agents of Thomas Cook Airlines in the assessment of your claim and we thank you for your recent correspondence regarding your luggage.

In this respect, we must advise you that carriage was undertaken subject to Thomas Cook Airlines Conditions of Carriage which contains an exclusion for damage to valuable and fragile items, or damage to a passengers baggage caused by property contained in the passengers baggage, with or without the knowledge of the airline. Under the circumstances, we regret that we are unable to accept your claim on this occasion. However, should you have purchased private travel insurance you may be able to claim under this policy.

On behalf of Thomas Cook Airlines, please accept our sincere apologies for any inconvenience caused to you on this occasion.


Yours sincerely
....................

HXDave

Option 1. - Do you have a copy of the fragile declaration form? If so, send a copy of this with what YOU agreed to, rather than what THEY agreed to.

If not, then follow as per the letters reccommendations - Travel Insurance. After all, it is what it is there fore.

HXDave

marcofoo

How does this sound...?

[FONT=&quot]Dear Sir or Madam,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In response to the recent letter I received dismissing my claim I have attached a copy of the declaration that I signed. As you will see I have signed the declaration, however at the time of signing the slip, none of the boxes were ticked. I therefore did not sign to agree to any of these terms. I only found out that the 'FRAGILE & UNSUITABLY PACKED - Release applies to damage’ box was ticked upon receiving my damaged sculpture at Gatwick airport. I believe this is fraudulent.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I refer to the Thomas Cook terms and conditions:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]‘Destruction, loss or damage to baggage[/FONT]
[FONT=&quot]The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approximately £1,280). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.’[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In accordance with the terms and conditions I believe I am eligible for a refund as per my original request[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please can you review this incident and respond as soon as possible before 28th January 2011.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours faithfully,[/FONT]